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]
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
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.
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.