* Utah appealed its same-sex marriage case to the Supreme Court, making it the first state whose law was smacked down by an appellate court to do so. Let the countdown begin. [National Law Journal]
* In the ruling that saved Alabama’s abortion clinics, Judge Myron Thompson likened the right to have an abortion to the right to bear arms. We can think of a few people who would take issue with that. [CNN]
* In case you’ve been wondering why tax inversions are hot right now, you can blame it all on some bicycling tax and M&A lawyers from Skadden — call them bikedudes at law, if you will. [WSJ Law Blog]
* Law schools tout the fact that their graduates are finding jobs in “J.D. Advantage” positions. Meanwhile, it remains unclear how much of an advantage a law degree actually offers in these jobs. [Am Law Daily]
* In a lawsuit peppered with crazy allegations, a law prof at Florida A&M claims in a gender discrimination complaint that male professors are “paid considerably more” than female professors. [Tampa Tribune]
Girls in my high school briefed cases all the time, it was no big deal.
* According to Patron Saint RBG, the Supreme Court has never really come around on “the ability of women to decide for themselves what their destiny will be.” Gay people are doing well, though, so good for them. [New York Times]
* Two law professors and a consultant built a model that predicts SCOTUS decisions with 69.7 percent accuracy, and justices’ votes with 70.9 percent accuracy. For lawyers who are bad at math, that’s damn near perfect. Nice work! [Vox]
* An Alabama abortion clinic statute which required that doctors have admitting privileges at local hospitals was ruled unconstitutional. Perhaps this will be the death knell for these laws. [WSJ Law Blog]
* Idaho’s Supreme Court rejected Concordia Law’s bid to allow grads to sit for the bar before the ABA granted it provisional accreditation. Too bad, since lawyers are needed in Idaho. [National Law Journal]
* Before you go to law school, you can learn how to gun with the best of them. That’s right, you can practice briefing cases before you even set foot in the door. [Law Admissions Lowdown / U.S. News]
* When it comes to bans on same-sex marriage, for Justice Anthony Kennedy, animus is a “doctrinal silver bullet” — the fact that there was no animus involved in the enactment of many of them may be problematic at the high court. [New York Times]
* Relying on some obscure Supreme Court precedent, the Fifth Circuit saved Mississippi’s lone abortion clinic after striking down as unconstitutional a state law that would have required doctors to have hospital admitting privileges. [National Law Journal]
* Given the situation over at Bingham McCutchen, people are starting to wonder about whether all the guaranteed contracts to members of merger partner McKee Nelson’s partnership helped to shape the firm’s current financial plight. [Am Law Daily]
* Hot on the heels of Cooley Law canceling its first-year class at Ann Arbor and announcing tentative plans to close the campus, the ABA approved the school’s affiliation with Western Michigan. Yay? [MLive.com]
* Here’s one way to become a lawyer without racking up massive amounts of debt: you could try to “read” the law like Abraham Lincoln, and work as a law firm apprentice. That sounds delightful. [New York Times]
The Supreme Court ruled today in McCullen v. Coakley that a Massachusetts law creating a buffer zone around abortion clinics violates the First Amendment. The law criminalized standing on a public sidewalk within 35 feet of an abortion facility, with narrow exceptions for employee and law enforcement access. Eleanor McCullen, the lead plaintiff, is a grandmother in her late seventies who stood on sidewalks near clinics in order to initiate quiet, one-on-one conversations with women seeking abortions. The Court held today that the buffer zones created by the law burden substantially more speech than necessary to achieve the Commonwealth’s interests.
The Court was unanimous in its judgment that the law violates the First Amendment rights of anti-abortion speakers such as Eleanor McCullen. So, why is McCullen so disappointing to conservatives?
Oh Roy Moore, you delightful little publicity hound. Alabama’s Chief Justice is no stranger to making ridiculous pronouncements about what he thinks the law is despite all evidence to the contrary. Most recall his earlier stint running the Alabama Supreme Court, which ended in an ethics ruling after the Chief wasted around half a million in taxpayer dollars fighting — and then willfully violating — court orders seeking removal of the Ten Commandments from the court. It turns out when judges encourage disrespect for the rule of law it’s an ethical violation.
But Alabama being Alabama, the voters returned Moore to the post of Chief Justice. Roll Tide.
Over the weekend, video surfaced of his latest round of nonsensical ramblings. And while the comments about the First Amendment are certainly shocking, he also goes off on abortion and inadvertently lends support to Roe v. Wade in the process….
* Dewey know which D&L defendants did the perp walk of shame before their arraignment yesterday? Three of the ex-executives! Even Steve Davis, who quit his job as in-house counsel to Ras al Ghul Khaimah of the UAE last week. [Am Law Daily]
* It’s about half and half when it comes to states that have filed briefs with the Tenth Circuit in support of or against the rulings striking down gay marriage bans in Utah and Oklahoma. Sadly, not everyone can be as fabulous as we’d like. [National Law Journal]
* Abortion clinics are closing their doors in Texas thanks to new legislation, and the total number of clinics in the state come September will be six. Let the Mexican medical tourism commence. [New York Times]
* Illegal immigrants can’t practice law in Florida, says the state’s Supreme Court, but they can in California. Good thing there’s eleventy billion law schools there to accommodate them. [Miami Herald]
* Webster Lucas, the fellow suing McDonald’s over an alleged race-based napkin denial that’s since prevented him from working, has sued fast food joints before. He’s a “vexatious litigant.” [NBC Los Angeles]
“Best amicus brief ever” might not be saying much. Parakeets are pretty indifferent to the liners of their cages.
Every now and then, though, we come across amicus briefs that are a little unusual or interesting. Like one with somewhat surprising or high-profile signatories — say, NFL players, or leading Republicans in favor of gay marriage. Or one that takes the form of a cartoon. Or one that’s just bats**t insane.
Today we bring you an amicus brief that will make you laugh out loud — which shouldn’t be surprising, given that it’s being submitted to the U.S. Supreme Court on behalf of a leading humorist….
Hey you, flock of seagulls, point to something 35 feet away from you right now. Nope, your computer screen is too close… unless you are extremely far-sighted. The window in your office? You must have a really nice office. The bathrooms? What are you, a janitor?
Admit it, you have no idea how long 35 feet is. You also have no clue where your team has to get to for a first down without a CGI yellow wussy line, and you can’t land a plane in GTA V, much less a real one. You have poor spatial awareness, you suck, and Captain Kirk would blow you out of the Mutara nebula.
In that way, you are just like the justices on the Supreme Court who struggled to conceptualize the 35-foot buffer zone at issue in McCullen v. Coakley…
On Wednesday, the United States Supreme Court heard oral arguments in McCullen v. Coakley, a constitutional challenge to a Massachusetts law creating buffer zones, sometimes called “zones of exclusion,” around abortion clinics. The law at issue, Mass. Gen. Laws ch. 266 § 120E ½ (2007), provides in part as follows: “No person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius of 35 feet of any portion of an entrance, exit or driveway of a reproductive health care facility.” Eleanor McCullen, one of the challengers of the law, is a 76-year-old grandmother who in the past has stood on public sidewalks near abortion clinics in order to initiate one-on-one, non-confrontational conversations with women seeking abortions. The petitioners claim that, over the years, hundreds of women have accepted offers of help from McCullen and the other petitioners. They argue that the new law violates their right to free speech.
The First Circuit opinion below characterizes the plaintiffs’ appeal as advancing “a salmagundi of arguments, old and new, some of which are couched in a creative recalibration of First Amendment principles.” That opinion finds that “[t]he Massachusetts statute at issue here is a content-neutral, narrowly tailored time-place-manner regulation that protects the rights of prospective patients and clinic employees without offending the First Amendment rights of others.”
Unfortunately, the First Circuit is wrong about each of those points. Even more unfortunately, this law does the exact opposite of what most of us would hope . . . .
If you want to be a partner at one particular firm, it’d behoove you to know this guy…
* Breaking News: “An Indian diplomat has been indicted on federal charges of visa fraud. Prosecutors say Devyani Khobragade has left the U.S.” [CNN]
* The Bancroft firm just added three new partners. It’s apparently “not a prerequisite” to clerk for Chief Justice Roberts to be a partner at the firm, but it sure looks like it is. [The Blog of the Legal Times]
* In a continuing series on why the “nuclear option” isn’t the panacea liberals thought it was, here are four reasons why Noel Canning is still a huge deal even if the Senate Democrats can force through judicial nominations over filibusters. [Constitutional Accountability Center]
* A fun interview with a lawyer turned professional athletics commissioner. Specifically, the commissioner of Sterling Archer’s favorite sport, lacrosse. [The Legal Blitz]
* Vermont is looking to pass a bill affirming abortion as a right, majorly bucking the trend of the rest of the country over the last year. Sounds about right for the state with a socialist senator. [Jezebel]
* The NFL’s concussion settlement sounded kind of fishy already, but now it looks like the initial prediction is going to be way off. [PR Log]
* Turns out a former SAC Capital Advisors trader embroiled in an insider trading case was expelled from Harvard Law School in 1999 for creating a false transcript. It’s good to know Wall Street is right there for all those cast off by law schools for ethical lapses. [Dealbook / New York Times]
* More coverage of the Insane Clown Posse suit, and more insight from our own Juggalo Law. [Washington Post]
* Chris Brown rejected a plea deal on an assault charge. Any time I think of Chris Brown I think of this Key & Peele bit. And if you don’t know who Key & Peele are, then you’re missing out… [Billboard]
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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.
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.