You know that it’s the holiday season when your inbox begins to fill up with holiday cards. Some are cute, some are clever, some are heartfelt, and some come from people and companies you don’t even remember meeting or doing business with.
And even though these people can’t be bothered to spend the time and money necessary to send real holiday cards in the mail, they still took a few minutes out of their day to send an email. At least sending out a holiday card via mass email gives the appearance that the sender cares about you. As many mothers would say, it’s the thought that counts.
So what happens when a law school sends out a holiday card, but completely botches it? This New York law school previously provided walking instructions to its students, but maybe the administration needs instructions on how to send out emails that are a little less insulting….
How hard is it to write an exam for a course you’ve taught all semester? Seriously, tell me, how hard is it? On a scale of one to ten — ten involving programing a rocket ship, one somewhere around putting on pants in the morning — where does formulating a law school exam rate? A two? Maybe three if you are teaching the course for the first time?
It cannot possibly be so hard that you have to use the same exam over and over again, in the digital age. We’re not talking about something as complicated as the wheel. A law school exam can be reinvented, every year, with subtle and simple changes.
Using the exact same exam is just lazy. There’s no other word for it. LAZY. The high cost of law school is largely attributed to the hefty salaries of law school faculty. The least these people can do is write a novel exam each and every semester that they teach.
And yet during this finals period alone, we’ve got students from three law schools, including two law schools in the top ten, alleging that their professors couldn’t be bothered to come up with fresh exams for this year’s students….
Of course not! But the headline got your attention, didn’t it? The notion of Judge Richard Posner as being anything other than a genius will certainly make people sit up and take notice. There’s a reason why there’s a Facebook group called Richard Posner for Philosopher King (of which I am a proud member).
It should be noted, however, that Judge Posner’s opinion in Gonzalez-Servin v. Ford Motor Co. was not 100 percent perfect. It initially contained some infelicitous wording — which has since been fixed.
Let’s look at the language that was perhaps imprecise….
UPDATE (4 PM): Additional comment from Judge Posner, added after the jump.
[T]his Court is compelled to find that the Government team allowed a key FBI agent to testify untruthfully before the grand jury, inserted material falsehoods into affidavits submitted to magistrate judges in support of applications for search warrants and seizure warrants, improperly reviewed e-mail communications between one Defendant and her lawyer, recklessly failed to comply with its discovery obligations, posed questions to certain witnesses in violation of the Court’s rulings, engaged in questionable behavior during closing argument and even made misrepresentations to the Court.
– Judge A. Howard Matz of the Central District of California, benchslapping federal prosecutors — and vacating the convictions, and dismissing the indictment — in a high-profile Foreign Corrupt Practices Act prosecution. (Gavel bang: Daniel Fisher.)
(Additional links and information about this case — if you do FCPA or white-collar criminal work, this may be of interest to you — after the jump.)
On Friday, U.S. District Judge Lucy Koh made a significant technological blunder in a patent case between two of Silicon Valley’s heaviest hitters. Yet her mistake is almost quaint. It harkens back to an earlier, simpler time –– like, pre-2006. When legal technology was a bit more primitive, and, more specifically, when the legal profession was still learning to master PDF files.
So, what did she do? Let’s just say she couldn’t keep a secret….
On Thanksgiving Day, while you were enjoying your turkey (or tofurkey), we wrote about a different bird: namely, the ostrich. In a somewhat snarky opinion, Judge Richard Posner of the Seventh Circuit compared a lawyer appearing before him to an ostrich: “The ostrich is a noble animal, but not a proper model for an appellate advocate. The ‘ostrich-like tactic of pretending that potentially dispositive authority against a litigant’s contention does not exist is as unprofessional as it is pointless.’”
Ouch. Judge Posner even included a photo (above right) of a man in a suit burying his head in the sand.
What did the lawyer in question, David “Mac” McKeand of Houston, have to say for himself? And what did McKeand have to say about Judge Posner?
I mean, probably not, but when you are primarily responsible for losing millions and millions of dollars, I suppose anything is possible. And remember Jon Corzine does have a documented case of test-taking anxiety. For all we know, MF Global’s money and the New Jerseybar exams are sitting in a basement somewhere being guarded by Real Housewives who can kill you with the piercing sound of their voices.
It sounds farcical, but something is going on with the New Jersey Bar Exam. The New York results came out weeks ago. Yet we’ve heard nothing from Jersey about their bar results, which generally come out around the same time.
And now New Jersey has gone radio silent. There are no results on their website. We left voicemails with two officials at the New Jersey Board of Law Examiners this afternoon, but they have not returned our calls.
My Corzine theory might be off the wall, but others have some more credible thoughts on why there’s been a delay from the Garden State….
When a tipster sent us an e-mail with the subject, “Court awards $700,000+ in sanctions for destruction of FB page,” I thought it sounded like it might be interesting. Because hey, that’s a lot of money.
I didn’t realize it would also be one of the most depressing legal news stories I’ve read since this tragic murder-suicide.
The three-quarters-of-a-million-dollar sanction award was levied against the widower of a woman killed in a car accident and the widower’s lawyer. The ruling was an abrupt table-turn for Isaiah Lester, who had previously won a $10 million wrongful death suit against the driver whose truck overturned and killed his wife.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.