A Sixth Circuit ruling earlier this week is a victory for critics of federal hate crime legislation, as well as the defendants in the case, a group of Amish men and women who forcibly cut the hair and sheared the beards of their Amish victims. The defendants, members of the Bergholz Amish community, admitted to a series of attacks against other Amish with whom the defendants had longstanding feuds. In the Amish community, men wear long beards and women grow long hair as signs of piety and view voluntarily cutting one’s own hair as a sign of contrition. Cutting another person’s hair is a forceful condemnation of the victim. Prosecutors had argued that the defendants assaulted their victims because of their religious identity. The case is the first appellate case involving a religious hate crime brought under The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. The statute prohibits “willfully caus[ing] bodily injury to any person . . . because of the actual or perceived . . . religion . . . of [that] person.”
In one of the instances at issue, Martin and Barbara Miller’s children and their children’s spouses cut Barbara’s hair and sheared Martin’s beard. The children insisted at trial that they attacked their parents to punish them for “bad parenting.” The kids thought Martin and Barbara were cruel, punitive, and spiteful as a father and mother. The kids did not argue that Martin and Barbara’s “bad parenting” justified assaulting them. The kids only argued that they didn’t attack their parents because their parents were Amish, or even because they believed that their parents’ bad parenting was a sign of them being lousy at being Amish. Rather, they attacked their parents because they believed that their parents were lousy at being parents.
Assaulting your parents in a way that is particularly hurtful to their religious values is a good way to make clear that you won’t be attending the next family picnic, but is it a good way to commit a federal hate crime?
* New Zealand’s Parliament has passed the first stage of a bill that would legalize same-sex marriage. Lawmakers were apparently inspired by President Obama’s public support of the issue. [Huffington Post]
* The trial of a Florida teen accused of impersonating a physician assistant is underway. Among other things, he allegedly dressed in scrubs, used a stethoscope, and performed CPR on a patient. Apparently, just because you’ve seen it on Grey’s Anatomy doesn’t mean you’re allowed to do it in real life. [ABC News]
* “And to my son, I bequeath my playlist of one-hit wonders and my season pass to Breaking Bad.” Marketwatch tackles the tricky question of who owns your digital music (and e-book) collections after you die. [Marketwatch / WSJ]
* A New Mexico criminal defense attorney, David “Chip” Venie, was charged yesterday with allegedly shooting a man in the leg at his law office. Oh, and Venie’s wife filmed the whole thing on her cell phone, including the unarmed victim holding out his empty hands. [ABA Journal]
* Lawyers for the Amish men and women charged with forcibly cutting the beards and hair of their “perceived enemies” say they were motivated by compassion, not hatred. Sometimes you’ve just got to let someone know her haircut’s not doing her any favors. [NY Times]
* In First Amendment news, the D.C. Circuit court has invalidated an FDA regulation requiring cigarette companies to place warning labels on packages. Is this a victory for free speech, or for big tobacco? [The Atlantic]
* In the Barry Bonds trial, an expert on steroids described how the government injected a bunch of baboons with the drug Bonds is accused of using. I, for one, welcome our new baboon overlords. [ESPN]
* Some Amish in Kentucky are fighting a regulation that requires reflective safety triangles on their buggies. Say they’d rather get Munsoned out in the middle of nowhere than use those things. [Louisville Courier-Journal]
* A lawyer in Illinois faces possible jail time for letting her detained client use her cell phone. At least she’ll get bars now. HIYOOOO! [ABA Journal]
* The FBI has instructed agents to to hold off on Miranda warnings when interrogating “operational terrorists” about immediate threats. These threats include suitcase bombs, sex bombs, nude bombs, and La Bamba. The Los Lobos version. [New York Times]
* Law firms are whetting wetting their collective beak on drug deals. But drugs is a dirty business. It makes, it doesn’t make any difference to me what a man does for a living, understand. But your business is, uh, a little dangerous. [Am Law Daily]
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.
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.