It’s a worthy endeavor for a former justice to examine the Constitution and propose the changes that judicial interpretation alone cannot reach (or at least are not reaching for political reasons). However, if his solutions to the other five amendments are as dumb as his answer to the Second Amendment, we’re all in trouble….
* “[T]he one thing Windsor does not do is clearly establish a nationalized definition of marriage.” No one will be surprised when the same-sex marriage cases wind up before the Supreme Court. [National Law Journal]
* Law firm mergers continue to hum along at a record pace, but whether they’ll actually work out is another question entirely. Only time will tell if we’ll see another “spectacular flameout.” [Wall Street Journal (sub. req.)]
* “The billable hour’s day has passed.” Eighty percent of law firm leaders believe hourly billing may soon be going the way of the dodo in favor of alternative billing arrangements. [Capital Business / Washington Post]
* Despite its anti-gay policies, Trinity Western University Law has been granted approval from the Law Society of British Columbia to open its doors. And here we thought Canadians were supposed to be polite. [GlobalPost]
* If you want to take an “Law and _____” class, sign up for Law and Traumatic Brain Injuries at GW Law. Having a TBI yourself seems like a requirement for enrollment, but shockingly, it’s not. [New York Times]
* Times are so rough that God can’t even get a credit card. Instead of casting plagues upon the earth, he’s suing Equifax — though we’re sure he wouldn’t mind if the credit agency reps caught lice. [New York Post]
* Want to see a really terrible version of 12 Angry Men? Watch it in Louisiana or Oregon, the two states that allow criminal convictions even when jurors are holding out. The Supreme Court has an opportunity to fix that, let’s see if they will. [Constitutional Accountability Center]
* Speaking of 12 Angry Men, this chart of the Dungeons & Dragons alignments of each juror is entertaining. [Imgur]
* The judge in the Janice and Ira Schacter kerfuffle invoked Above the Law in her decision as proof that the accusations against Ira Schacter were in the public eye. Thanks for specifically promoting us over the rest of the NY media Justice Laura Drager! [NY Post]
* Watch a bunch of law students talk about cats on Facebook. Will it end in douchebag posturing and threats of lawsuits? Of course it will! [Legal Cheek]
* “Volunteer Liquor Commissioner” was disciplined for operating a Facebook page for people complaining about the police. He’s suing. Better question is what does a “Volunteer Liquor Commissioner” even do? [IT-Lex]
* Allegations that Disney ripped off the trailer for Frozen from an animated short. They should really let it go. [Hollywood Reporter]
* Microsoft stopped supporting Windows XP. The IRS decided to keep going with the old product. So now your tax records are at risk. Enjoy the fruits of budgeting with anti-IRS legislators! [TaxProf Blog]
* Justice Scalia was asked, “Why should society be bound by laws that were passed only by white male property owners?” If you guessed he’d eschew a substantive response in favor of a condescending sarcastic quip, you’re right! [Wall Street Journal]
* 2L who based his student government bid around a self-made rap video failed to secure election. He was probably screwed the moment Dr. Dre entered the race. [Daily Business Review]
* Nursing home sued for hiring male strippers for patients. Lawsuit aside, wasn’t it a bit much to make them dress up like Matlock for their act? [NY Post]
* A firm is handing out pairs of Google Glass to clients to record how their injuries impact their daily lives. Next up: a firm specializing in the injuries caused by wearing Google Glass to record how injuries impact daily lives. [Slate]
* Big corporations are filing junk patents. Will anyone put a stop to them? Of course not. [Politix]
* It’s time to put a stop to shady tax preparers ripping off low-income families. That way low-income families can go back to being ripped off by every other avenue of American society. [New York Times]
* Managing your Facebook account can give rise to spoliation. So you’d better be happy with all those pictures you’re tagged in before you get in a legal scrape. [IT-Lex]
* DEA Administrator decides to up the ante on the stupidest argument against marijuana legalization ever: it’s harmful to dogs. The DEA’s plan to ban chocolate is still in draft. [The Volokh Conspiracy / Washington Post]
* Everyone’s up to date on the Florida lawyer and right-wing congressional candidate with the vampiric cosplay rape fantasies, right? Okay good. [Gawker]
* Jurors say police used excessive force but that the beating didn’t injure the plaintiff. In other news, Florida has a senility problem. [The Florida Times-Union]
* Did anybody notice that Chief Justice Roberts — the author of Shelby County — opened McCutcheon by labeling the right to participate in electing leaders as fundamental with absolutely no irony? [Reuters]
* Anti-gay job discrimination may already be illegal. [Slate]
* The bad economy pits criminal defense lawyers against each other. They shouldn’t do that. [Katz Justice]
* The SEC doesn’t have to abide by the Brady rule and Mark Cuban’s not happy about it. [Wall Street Journal]
* “Those who support limits see the court right now as the T. rex from ‘Jurassic Park.’” Folks are pretty worried even more campaign finance laws will fall thanks to the Supreme Court’s ruling in the McCutcheon v. FEC case. [New York Times]
* Skadden Arps and Simpson Thacher are at the top of their game when it comes to mergers and acquisitions. Both firms did very well in new deal rankings released by Bloomberg, Mergermarket, and Thomson Reuters. Nice. [Am Law Daily]
* Former Massachusetts senator Scott Brown has reportedly ditched Nixon Peabody to try his hand at a U.S. Senate run in New Hampshire. We hope he doesn’t lose his shirt again. Oh wait… [Boston Globe]
* As it turns out, the book in the Harvard Law library once believed to be bound in human skin is actually bound in sheepskin. Congrats, this is slightly less creepy. [Et Seq. / Harvard Law School Library Blog]
* Celebrity chef Nigella Lawson was turned away from a flight to the U.S. after her admission to coke usage in a trial. She should probably stop sticking her nose in other people’s business. [The Guardian]
After yesterday’s decision in McCutcheon v. FEC, where the Supreme Court found that aggregate contribution limits violate the First Amendment, campaign finance is back in the spotlight. In October, when the Court heard oral arguments for McCutcheon, I wrote about why I thought Shaun McCutcheon should prevail and why “rumors of democracy’s death are greatly exaggerated.” Others apparently still believe the rumors.
Something else this week delivered grist for the mill, as the country considers how political causes ought to be funded. Mozilla, the nonprofit foundation responsible for the Firefox browser and other open-source ventures, promoted Brendan Eich to CEO last week. California law required the public report of Eich’s 2008 contribution to the campaign to pass Proposition 8, the ballot measure amending the state constitution to prohibit same-sex marriage. Prop 8, of course, eventually gave rise to the Supreme Court’s decision last term in Hollingsworth v. Perry. Eich’s financial support of Prop 8 has now given rise to a slew of woes for Eich and Mozilla.
Half of Mozilla’s board members quit, protesting a CEO with a history of activism against same-sex marriage. Some Firefox app developers decided to boycott Firefox projects until Eich is removed from his position. Twitter has been, well, atwitter with criticism.
Then, earlier this week, the dating site OkCupid rerouted all of its users accessing its site from a Firefox browser to a message that began, “Hello there, Mozilla Firefox user. Pardon this interruption of your OkCupid experience. Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid.” The message goes on to read, “Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.”
OkCupid’s arrow struck deep. What Eich now faces raises questions about political expression and association, laws requiring disclosure of political contributions, and the consequences of both….
* Professor Rick Hasen drops knowledge bombs all over the “subtly awful” decision in McCutcheon. [Slate]
* Another firm joins the “CV Blind” approach of assessing future lawyers without looking at their grades. So go ahead and blow off that third-year course if this trend continues. [Legal Cheek]
* In case law schools needed another study to make them feel better about driving up costs, here’s a new study that says schools that hire hotshot professors improve faculty productivity. [TaxProf Blog]
* Med students are mistreated. Boo hoo. At least you bastards get jobs when you graduate. And they were mistreated by the hospitals they worked with? Try a Biglaw firm right before a deadline and then stow your whining. [Chronicle of Higher Education]
* Education Department moves to prohibit the practice of colleges barring lawyers from institutional sexual assault hearings. In other news, colleges have been getting away with keeping lawyers out of hearings about potentially criminal acts. [Inside Higher Ed]
* The BARBRI public interest fellow contest is now underway! Watch the videos and cast your vote by April 7. [BARBRI]
* Strip club company thought it could build a theme restaurant based on the movie Talladega Nights. More after the jump… [Bloomberg]
[This] is a decision that substitutes judges’ understandings of how the political process works for the understanding of Congress; that fails to recognize the difference between influence resting upon public opinion and influence bought by money alone; that overturns key precedent; that creates huge loopholes in the law; and that undermines, perhaps devastates, what remains of campaign finance reform.
* Sonia Sotomayor has been dubbed as the “people’s justice” in a law professor’s article recently published in the Yale Law Journal Online. If only RBG had appeared on Sesame Street, the title could’ve been hers. Sigh. [WSJ Law Blog (sub. req.)]
* It’s a “procedural game-changer”: Virginia’s class action lawsuit against same-sex marriage has been stayed pending the outcome of the Fourth Circuit’s decision in the case that struck down the state’s ban on gay marriage. [Legal Times]
* “They’re certainly going to be very careful about biting the hand that feeds them.” Gibson Dunn & Crutcher, the firm behind the “Bridgegate” report that cleared Gov. Christie of wrongdoing, received $3.1M from New Jersey last year. [New Jersey Star-Ledger]
* Now that approximately 60 percent of compliance officers are women, in-house insiders are starting to wonder if the position is being reduced to “women’s work” — and not in a good way. [Corporate Counsel]
* Everyone involved in this case is dead, but it’s been hanging in the courts for more than a decade. Soon we’ll find out if Anna Nicole Smith’s ex-stepson will be sanctioned in the grave. [National Law Journal]
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.