She’s coming down with a bad case of ‘going to get a pony.’
Remember the “affluenza” kid? His name is Ethan Couch and the teenager went on an alcohol-fueled joyride after a party in the mansion his parents had bought for him. The joyride resulted in the death of 4 people and the injury of multiple others as alcohol-fueled joyrides are wont to do. Except Couch avoided the fate of pretty much any other person who might kill 4 people on the back of a clinical psychologist’s expert opinion that Couch suffered from a mental condition that he coined as “affluenza” — basically as a rich, privileged tool, the kid couldn’t be held responsible for his actions.
Most people found this ridiculous. Elie went so far as to call for the parents to be jailed. Which has a certain Nancy Grace-style emotional appeal, but also kind of feeds the argument that this kid himself should continue to remain shielded from the consequences of his actions. It also fans the flames of the same parent-policing logic that ends with people getting arrested for letting their kids play outside. But in any event, the fact that a juvenile system judge with a reputation for harsh punishments for poor, black kids — she sent a 14-year-old black kid to jail for 10 years for punching a kid who fell and hit his head resulting in his death — sent a 16-year-old, rich, white kid willfully driving drunk to a country club rehab facility — conveniently paid for mostly by taxpayers — exposed everything wrong with privilege in America.
Now the case raises another debate about privilege. One of the victims who survived the accident is suing and wants to see exactly how this clinical psychologist came to his groundbreaking diagnosis that rich kids don’t have to go to jail, and Couch’s lawyers are fighting that disclosure tooth and nail….
* Hughes Hubbard & Reed is doing its part to help fulfill wishes made in children’s letters to Santa at a time when the Post Office’s Operation Santa program is in desperate need. So to all you other Biglaw firms, the ball’s in your court. [USA Today]
* Judge Timothy Black cited Justice Scalia’s dissent to reject Ohio’s gay marriage ban. I’m sure this is a cite that warms the justice’s heart. [Associated Press]
* Professor Pam Karlan is off to become Deputy Assistant Attorney General for Voting Rights. Here’s the last article of the preeminent voting rights expert in her old role as a commentator at the Boston Review describing strange SCOTUS bedfellows. Good luck in the new job! [Boston Review]
* Good news for Florida lawyers! The Florida Bar has revoked its opinion banning LinkedIn endorsements and recommendations. Go back to patting each other on the digital back. [IT-Lex]
* We shouldn’t have been so surprised by the affluenza defense because North Texas is basically one big monument to the concept. [New York Times]
* Here’s an infographic showing the most popular TV show set in each state. What legal shows make the list? [Business Insider]
* The top 10 most ridiculous lawsuits of the year. Apple porn guy clocks in at a mere number 10? Outrage! Bigger outrage: they ultimately link to the HuffPo write-up of… the original Above the Law piece. Why no direct link, hm? Video embedded after the jump… [Faces of Lawsuit Abuse]
* How much bulls**t is wine appreciation? This guy is in trouble for selling fake wine to so-called experts for years and they never noticed. [Gawker]
* Is this really the most likely scenario after you graduate with a law degree? [Law School Lemmings]
* Congratulations to Eric Schneiderman for successfully getting fired Domino’s workers back on the job. Living up to the New York’s AG’s new “If You Don’t Get Justice In 30 Minutes, It’s Free” promotion. [Daily Kos]
* Celeb lawyer saves kid from getting bowled over by Chicago Bulls. Amazingly, the Knicks were able to take this guy’s lead and actually won a game. [TMZ]
* Creating fake Linkedin accounts to make your competitor seem like it’s really a foreign company. Well, that’s one way to compete. [IT-Lex]
* Elie joined Non-Sequiturs all-stars Jessica Mederson of Legal Geeks and Kevin Underhill of Lowering the Bar on Legalese It! with Mike Sacks. They discussed the D.C. Circuit, India’s new anti-gay law, and the affluenza case. The video after the jump…
(A stock photo of a teen driver — not actually Ethan Couch.)
I’m sure that by now you’ve all heard the story about the wealthy white teenager who killed four people while drunk driving. As we mentioned in yesterday’s Non-Sequiturs, 16-year-old Ethan Couch got off — sentenced to therapy — because the judge agreed that the kid was a victim of “affluenza”: his parents gave him everything he wanted, and he believed that being rich meant that he wouldn’t have to face consequences for his actions.
The kid’s not wrong; the fact that he’s not facing incarceration for killing four people kind of proves the point. A poor white kid would be in jail right now. A rich black kid would be in jail right now. A poor black kid would be picking out items for his last supper right now. Anybody who thinks that this kind of lenience would be given to anybody other than a wealthy white dauphin is wrong and stupid (and probably racist). The rich kid isn’t in jail because rich people don’t suffer the full force of consequences for their actions.
That said… the judge isn’t wrong either. When you have a jerk-off prick of a 16-year-old, as this kid appears to be, it’s probably not his fault. Not really. My outrage isn’t that Couch is getting off, it’s that so many other teens and young people are being incarcerated without this kind of compassion.
Not that there aren’t people who deserve jail time behind this. It’s just that those people are Couch’s parents….
* Beware of “affluenza” — the condition where rich kids believe that their wealth shields them from consequences. One kid with affluenza was convicted of four counts of manslaughter and got… probation. Great way to teach him that there are consequences. I don’t doubt being a hyper-privileged douche contributed to his criminal behavior, but let’s see if the judge is equally lenient to the next kid in this courtroom who argues that poverty contributed to his crimes. [Gawker]
* In America people complain about law reviews sharing outlines for free. In the U.K., they’re selling notes on eBay. If you’re buying notes off the Internet, perhaps law school isn’t your bag. [Legal Cheek]
* Do Twitter mentions reflect the scholarly significance of a professor’s articles? No. [TaxProf Blog]
* A Chinese law professor lost his job for writing an article advocating constitutional rule. If you think this is a harsh response, remember this government used to throw tanks at people over less. [Washington Post]
* Speaking of China, next month the CBLA is hosting a panel discussion about the expanded use of the FCPA, specifically with regard to China. [CBLA]
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.