One hundred years ago yesterday, Martha, the last passenger pigeon, died at the age of twenty-nine in the Cincinnati Zoo. This week, On Remand looks back at the fate of the passenger pigeon, the legal implications of efforts to resurrect the bird and other extinct species, and the courtroom drama over a Tyrannosaurus rex skeleton.
Passenger pigeons once numbered in the billions and were the most abundant bird in the United States. Seventeenth century observers reported “countless numbers” of passenger pigeons whose massive flocks took hours to pass overhead. But by the early 1900s, no passenger pigeons remained in the wild. Habitat loss due to deforestation and overhunting hastened the species’ rapid decline. (The sport of trapshooting originally used live passenger pigeons, but later adopted clay pigeons due to the decline and extinction of the bird.) Recognizing the plight of the passenger pigeon and humanity’s role in causing it, late 19th century conservationists and lawmakers made efforts to protect and repopulate the species. But it was too late…
If the monkey took it, it owns copyright, not me, that’s their basic argument. What they don’t realise is that it needs a court to decide that.
– David Slater, a British nature photographer embroiled in a conflict with Wikimedia over the copyright to photos taken by a female macaque monkey who stole Slater’s camera in 2011 and used it take a selfie. Tween girls, amiright? Anyway, Wikimedia considers the picture royalty-free because the author of the work is, in fact, a monkey, and until Caesar’s revolution she isn’t likely to look to enforce her right. Slater argues that he owns the copyright since it was his camera. As for the title, okay you caught me — the monkey didn’t put her selfie up on any dating sites, but did post to Instagram with the message “New camera! #fecesthrowing #blessed.”
* “I don’t care if it’s legal, it’s wrong.” President Obama is pointing the finger at companies using cross-border mergers to avoid U.S. taxes, and he wants to put an end to corporate tax inversions. [Bloomberg]
* Thomas Christina of Ogletree Deakins is the lawyer behind the recent circuit split on Obamacare’s state versus federal health insurance subsidies. Blame him or praise him, it’s up to you. [WSJ Law Blog]
* “I think I missed being in the courtroom more than I missed politics.” John Edwards, acquitted in 2012, is making court appearances again, but this time as a lawyer, not as a defendant. [Am Law Daily]
* A lawyer from Georgia hunts alligators in his spare time, and keeps the taxidermied head of one he caught right on his desk. He says it’s “a great conversation piece,” but that’s a pretty nasty paperweight. Eww. [Daily Report via ABA Journal]
* In a face-off with Alec Baldwin, a judge asked the actor to apologize. The combative Baldwin said he’d rather pay a fine, but if he can “[b]e a good boy,” his biking charge will be dropped. [New York Daily News]
* On a similar note, New York banning “Tiger Selfies.” When do they give out the Darwin Awards again? [Lowering the Bar]
* Are there lessons to be learned from the lawyer who applied for — and got rejected from — a paralegal gig? [Law and More]
* Have you ever seen a standup comic playing music during a set? Well, they’re doing it to prevent others — clubs, networks, etc. — from lifting their work and selling it as their own. Welcome to the world of standups and copyright. [The Legal Geeks]
* Want to see a really terrible version of 12 Angry Men? Watch it in Louisiana or Oregon, the two states that allow criminal convictions even when jurors are holding out. The Supreme Court has an opportunity to fix that, let’s see if they will. [Constitutional Accountability Center]
* Speaking of 12 Angry Men, this chart of the Dungeons & Dragons alignments of each juror is entertaining. [Imgur]
* The judge in the Janice and Ira Schacter kerfuffle invoked Above the Law in her decision as proof that the accusations against Ira Schacter were in the public eye. Thanks for specifically promoting us over the rest of the NY media Justice Laura Drager! [NY Post]
* Watch a bunch of law students talk about cats on Facebook. Will it end in douchebag posturing and threats of lawsuits? Of course it will! [Legal Cheek]
* “Volunteer Liquor Commissioner” was disciplined for operating a Facebook page for people complaining about the police. He’s suing. Better question is what does a “Volunteer Liquor Commissioner” even do? [IT-Lex]
* Allegations that Disney ripped off the trailer for Frozen from an animated short. They should really let it go. [Hollywood Reporter]
* Microsoft stopped supporting Windows XP. The IRS decided to keep going with the old product. So now your tax records are at risk. Enjoy the fruits of budgeting with anti-IRS legislators! [TaxProf Blog]
* Corporette tackles the thorny question of what to do with your email when you leave a firm. Personally, I used my email to offer my firm’s services to a whole panoply of Nigerian princes on my way out the door, but her advice is good too. [Corporette]
* Cursing out someone in court in a foreign language will not protect you from criminal contempt. Well, my investment in Rosetta Stone Romanian just went down the drain. [Southern District of Florida Blog]
* Requiring wild animals to be microchipped is not a regulatory taking. Besides, as I read this NSA stuff, it seems like we should be more concerned about humans being microchipped than some Ocelot (named Babou, obviously). [IT-Lex]
* This is just awful. There’s no joke here. Well, there is, but I’m not going to make it. [Fox News]
* A little late, but this is a fun April Fools’ Day riff on Biglaw expansion efforts. I’m not saying they’re making fun of DLA Piper, but they’re totally making fun of DLA Piper. [Green Patent Blog]
* If you’re looking for a public records request to make of the City of Philadelphia, try getting every document surrounding the decision to go after unpaid labor at the expense of giving paying work to lawyers. Screenshot here in case they get wise to the bad publicity. [Philadelphia Bar Association]
* Kent Zimmerman discusses how some law firms are finding growth in the challenging market. Check it out after the jump…. [Mimesis]
* I include this line not to highlight the horribleness of zoos, but because I’m doing NS today and this contains a fun anecdote about walrus masturbation. [Cracked]
* Meanwhile, on Redline, I’m like, doing stuff. [ATL: Redline]
* “I really want to go to law school to study international law and be a part of solving problems like what’s going on in Crimea right now.” — Dumb idiot who will wish he read Above the Law before he went to law school. [Radio Free Europe]
* Student gets punished for sending a tweet from home. Should it really matter where you are sitting when you hit the button on the tweet calling your principal a “pussy ass bitch”? [It-Lex]
* I think the jurors on the Bernie Madoff co-conspirator case might be running a Ponzi scheme. [Dealbreaker]
* As if law schools aren’t charging enough, they also absolutely ravage students on casebook prices. It doesn’t have to be this way. [PrawfsBlawg]
* Who’d have thought it would be this hard to define a pig? [Modern Farmer]
* If you aren’t following DLA Piper’s boss Sir Nigel Knowles on Twitter, then… you’re lucky. [Legal Cheek]
* The vice president of the Constitutional Accountability Center weighs in on Judge Wright Allen’s marriage equality decision from the perspective of a gay, married Virginian. [Pilot Online]
* See, it’s not just lawyers who get annoyed when TV doesn’t live up to the realities of the profession. Political communications professionals can get pretty irked by House of Cards. [Ditto Public Affairs]
* A circuit judge just seized control of a lower court’s docket, setting restrictions on a judge’s ability to hear domestic violence cases after finding a repeated pattern of improperly blowing off these matters. It may be the Benchslap-Heard-Round-the-Nation since the slapped jurist is also the president-elect of the American Judges Association. [Detroit Free Press]
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.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
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