It looks even better next to some of the other cases currently before us which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional — for example, the case of the 11-year old girl raped by four men and then killed by stuffing her panties down her throat. How enviable a quiet death by lethal injection compared with that!
– Justice Antonin Scalia in Callins v. Collins, 510 U.S. 1141 (1994). The quote looms large today as Justice Scalia’s smugly presented example of how the death penalty can’t possibly be unconstitutionally applied fell apart in epic fashion. DNA evidence exonerated the men convicted of the brutal rape and murder of Sabrina Buie. The prosecutor did not oppose release of the men because DNA evidence pointed to the real perpetrator, a criminal who was convicted of a similar crime soon after Sabrina’s murder. Of all the capital cases in America, many (though certainly nowhere near all) of which do involve criminals who actually committed the crime, Justice Scalia chose at random a case that ultimately confirmed Justice Blackmun’s argument. On the heels of his dissent in Windsor, it’s worth wondering if Justice Scalia is cursed to have his every sarcastic quip fly back in his face.
* The new icon of the Islamic State is a hipster with a law degree. Where’s his Career Alternatives piece? (Alternate quips: For his money, the evening call to prayer must be on vinyl. When decrying alcohol as sinful, he prefers PBR. The scimitar in that picture is from the vintage store. Which direction is Mecca from the Williamsburg Bridge?). [The Telegraph]
* A high school teacher showed up to work intoxicated and without pants on the first day on the job. And thus ends Elie’s career as a high school teacher. [CBS Houston]
* Google is tipping off authorities about criminal activity in Gmail accounts. I believe this message is brought to you by Hotmail. [CNBC]
Nine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.
And then all manner of shock and hand-wringing commenced.
It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?
– Justice Antonin Scalia, when asked to compare his judicial philosophy to that of Justice Clarence Thomas. The story comes to us from an anecdote told by Jeffrey Toobin a couple years ago that is now available on video.
(Do you want to see the video? Of course you do. It’s beyond the jump…)
* If you’ve been dying to know what the partner compensation spread looks like at your firm, then we’ve got your fix. Check out the insane 23 to 1 spread over at Perkins Coie. [Am Law Daily]
* “It’s a complete structural change, and it’s not going away. The end result is fewer graduates, and fewer law schools.” With enrollment still dropping, the end seems near. [Boston Globe]
* “I predicted the collapse of legal education, but I didn’t quite predict how bad it would be.” Dean Frank Wu of UC Hastings Law is fighting his way out of a rankings slump. Good luck. [The Recorder]
* Widener is the latest law school to roll out a solo / small firm incubator. Only grads from the class of 2014 may apply. Earlier grads are ineligible because they presumably have jobs… maybe. [PennLive.com]
* You may think Chief Justice Roberts and Justice Scalia are “stuck in the past” and “disconnected from the real world,” but you may be wrong. You can read Uncertain Justice (affiliate link), by Laurence Tribe and Joshua Matz, to find out why. [New York Times]
* A judge has denied bail for the Georgia man accused of sending sext messages during his seven-hour work day while his 22-month-old son was left to die in his hot car. Ugh, this is terribly sad news. [CNN]
[T]he 64-year-old [Samuel] Alito — a George W. Bush appointee — is aggressively staking out ground as a successor or even rival of sorts to Justice Antonin Scalia, 78, who’s often viewed as the intellectual leader of the court’s conservative wing. But he’s doing so in a less pugnacious and more politically palatable way than Scalia.
This May, Thomson Reuters published the tenth edition of the estimable Black’s Law Dictionary (affiliate link). The most widely cited legal book in the world, Black’s is a must-have for every lawyer and law student.
I met with Garner during his recent visit to New York, where he taught his famous legal-writing course to various law firms and government employers. His voice was hoarse from a summer cold, but he generously soldiered through an interview with the help of some tea. Here’s a (lightly edited and condensed) write-up of our conversation.
The opinions released by the Supreme Court this morning were not super-exciting. The good news, pointed out by Professor Rick Hasen on Twitter, is that “[t]here are no likely boring #SCOTUS opinions left.” (But see Fifth Third Bancorp v. Dudenhoeffer, noted by Ken Jost.)
So let’s talk about something more interesting than today’s SCOTUS opinions: namely, the justices’ recently released financial disclosures. Which justices are taking home the most in outside income? How robust are their investments?
What is going on with the distinguished members of the Supreme Court of the United States? One of the justices recently got caught shopping at Costco. Another just confessed to riding the bus — no, not the Metro, the bus.
Earlier this week, Justice Scalia dissented from the Court’s denial of certiorari in a very interesting Establishment Clause case, Elmbrook School District v. Doe. His dissent garneredmediaattention for the way he curmudgeonly railed against rock music (and got in a dig at Stravinsky).
But what jumped out at me was a different line in the opinion….
* Newsmax has a new cable network and it’s bringing on Professor Alan Dershowitz to offer “practical legal advice to ordinary Americans.” Hopefully he’ll be able to walk us through the legal points of Newsmax’s usual coverage of how the Black Panthers ordered Hillary to let Benghazi happen. [Digital Journal]
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.