[A]mong the world’s democracies … constitutional similarity to the United States has clearly gone into free fall. Over the 1960s and 1970s, democratic constitutions as a whole became more similar to the U.S. constitution, only to reverse course in the 1980s and 1990s. The turn of the twenty-first century, however, saw the beginning of a steep plunge that continues through the most recent years for which we have data, to the point that the constitutions of the world’s democracies are, on average, less similar to the U.S. Constitution now than they were at the end of World War II.
Conservative law professors need help. They don’t want to admit it because conservative orthodoxy holds that the only people who can ask for help in this country are small businessmen and the institution of marriage, but make no mistake, conservatives who want to get a tenure-track job in legal academia need a leg up. That’s because they’ve been discriminated against, both currently and historically. Law school faculties are thought to be a bastion of liberalism, and the problem has gotten so bad that conservative law profs probably need a “plus-factor” in order to overcome this ingrained systemic bias.
Diversity is important in law schools, and if we’re going to have an intellectually diverse faculty, we need to find a way to integrate more conservatives into teaching positions, even if that means a qualified, liberal law professor loses his or her “spot” on the tenure track for a colleague that leans a little harder to the right.
I’d be all for that. But conservatives can’t admit that they made need a diversity program to combat generations of systemic selection bias. So instead, they’re just going to bitch about the fundamental unfairness. Or fire off employment discrimination lawsuits….
David and Sandra have enjoyed it. I kind of like not having to read a lot of briefs and get reversed by my former colleagues.
– Justice John Paul Stevens, in a humorous quip about the willingness of his fellow retired justices, Sandra Day O’Connor and David H. Souter, to sit by designation on the circuit courts.
(Justice Stevens just published a new book — Five Chiefs: A Supreme Court Memoir (affiliate link) — to coincide with the start of the latest Term of SCOTUS, which got underway this week. Adam Liptak of the New York Times praises the memoir as “engaging and candid.”)
I think that it’s probably wrong, in almost all situations, to use a dictionary in the courtroom. Dictionary definitions are written with a lot of things in mind, but rigorously circumscribing the exact meanings and connotations of terms is not usually one of them.
– Jesse Sheidlower, editor at large of the Oxford English Dictionary, quoted in an interesting New York Times piece by Adam Liptak about how Supreme Court justices are consulting and quoting dictionaries more frequently in their opinions.
Are justices of the U.S. Supreme Court gods, or men? There’s evidence on both sides. Their brilliant legal minds and dazzling résumés weigh in favor of deity designation. Their ability to make mistakes suggests that they’re mere mortals.
Unfortunately, her reasoning has matters exactly backwards. She defers to government officials who regulate private conduct, but attacks those who run government facilities. That basic mindset shows bad intellectual judgment which will lead to a decline in economic and social fortunes that no amount of compassion can cure.
Justice Antonin Scalia, being interviewed by Jan Crawford of CBS News at the Federalist Society's annual dinner in Washington, DC.
On Thursday evening, I had the great pleasure of attending the annual dinner at the Federalist Society’s National Lawyers Convention, in Washington, D.C. The event — attended by an estimated 1,400 people, and held in the cavernous ballroom at the Omni Shoreham — featured, as always, conservative and libertarian legal luminaries galore.
(Did Judge Diane Sykes just air-kiss Judge Diarmuid O’Scannlain? Isn’t that Ken Cuccinelli over at the bar? What might Judges Brett Kavanaugh and Jeff Sutton be discussing so intently — maybe the latest clerks they’ve placed at the Supreme Court? Whoa — Ted Olson chatting with Justice Samuel Alito! Be still my heart….)
The highlight of the evening was the interview of Justice Antonin Scalia by Jan Crawford, chief legal correspondent of CBS News (who was looking fabulous in a black dress with open sleeves). The justice was in fine form, hilarious and freewheeling in his remarks….
Today’s New York Times has a meaty and interesting front-page article about political ideology and Supreme Court clerk hiring. The piece, written by SCOTUS correspondent Adam Liptak, reminded us a lot of one that Liptak wrote last year (which we discussed here). But since there’s no such thing as too much talk about The Elect, let’s dig into it.
(By the way, speaking of Supreme Court clerk hiring, we’re working on an update that should come out soon. If you’re aware of a clerk hire that wasn’t included in our last write-up, listing both OT 2010 and OT 2011 clerks, please email us (subject line: “SCOTUS clerk hiring”). Thanks.)
Liptak begins by discussing the fabulosity that is a SCOTUS clerkship:
Each year, 36 young lawyers obtain the most coveted credential in American law: a Supreme Court clerkship. Clerking for a justice is a glittering capstone on a résumé that almost always includes outstanding grades at a top law school, service on a law review and a prestigious clerkship with a federal appeals court judge.
One could quibble with the number of 36, but we’ll get to that later. Let’s focus on the main point of the piece, the growing politicization of high-court clerk hiring….
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: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.