Over the past few months, Justice Antonin Scalia and Judge Richard Posner have been trading benchslaps. The most recent clash got going a few weeks ago, when Judge Posner wrote a harsh review for the New Republic of Justice Scalia and Bryan Garner’s new book, Reading Law (affiliate link).
You know what would have been awesome? 1996-Bill Clinton versus 1980-Ronald Reagan in 2008. I’m not saying Slick Willy would have beaten the Great Communicator, but it’s always a bad idea to bet against Bill.
* David Lat has a new project that you might want to check out. They’re calling it “clerk lit”; it’s a serialized novel entitled Supreme Ambitions. [FindLaw]
* Since a lot of smart kids are not taking the LSAT and applying to law school, maybe this is an opportunity for kids who are not so great at standardized testing to get into a better school than they would have under normal circumstances. Of course, that’s not what I would do. If a bunch of people suddenly start running in one direction, I’m the kind of brother who starts running with them and figures out later what all the fuss is about. [The Careerist]
* Ohio rescinds its early voting directive and asks Sixth Circuit for a stay. [Election Law Blog]
* Charlotte bankers survive the Democratic National Convention. Somehow. [Dealbreaker]
* The problem with owning a gun is that eventually, you are going to give yourself a reason to use it. [NY Daily News]
* Former tennis star ready to return serve at Columbia law school. Obviously, I’m using “star” a little bit broadly since I’m talking about a man who finds himself in the drunken class of 2015. [Dealbook]
* You have to think that Bill Clinton would have made the best trial lawyer ever. “Can you see her? I want you to picture that little girl. [bites lip.] Now imagine she’s white.” [What About Clients?]
* When in doubt, seek divine guidance and bet it all on black. Supreme Court Justice Antonin Scalia is going to be visiting Las Vegas this week, where he will attend a Red Mass and then head for the Strip. [Reno Gazette-Journal]
* After being limited on page length, a licensing expert opted to file a five-page cartoon brief in the Apple e-book case. This dude can retire, because he’s achieved legal baller status. [Bloomberg]
* James Hayes’s lawsuit over ICE’s alleged federal “frat house” has been sent to mediation for a possible settlement — but in real Greek life, he likely would’ve been peer pressured to de-pledge. [Washington Post]
* Bull’s-eye! Brooklyn Supreme Court Justice Arthur Schack has recused himself from a personal injury case where he was alleged to have called a Cozen O’Connor partner a “piece of sh*t.” [New York Law Journal]
* The case of the missing asterisk: an Ohio Court of Appeals candidate was fined for wearing judge’s robes in her campaign flyers because she failed to indicate her judicial status or lack thereof. [National Law Journal]
* How much does it cost to cover up and then begrudgingly deal with a child sex abuse scandal? The tab thus far for Penn State University is about $17M — $4M of which went to legal services and defense. [CBS News]
* Despite Villanova Law’s admissions scandal, the dean reports that the school has admitted its “highest-quality” class ever. You know it’s hard to believe anything you say about your data, right? [Philadelphia Inquirer]
Ed. note: This new column is about sports and the law. You can read the introductory installment here.
It wasn’t until law school that I realized adult life was one long series of birthday dinners. There was one every week it seemed. And at one birthday dinner in particular, I gave a speech that would haunt me for the rest of my law school career. Like an STD.
It was somebody’s birthday and we were eating Mexican food. And I was stationed at one end of the extra-long tables near a few friends and acquaintances. Several beers into the meal, I loudly steered the conversation towards a discussion of herpes. I’m not really sure why I did this. I think I had read something on the intertubes that day. At any rate, I told my end of the table that herpes was way more commonplace than they thought, and that the effect of the disease was far less dire than they thought. That, sure, some cases were worse than others, but that the puritanical myth-makers in our culture had convinced us that it was worse than death. Which it wasn’t. I was in high dudgeon, my friends. The floor was mine, and I was taking no prisoners in my attack on what I had deemed a cultural sex libel. “I’m telling you, ladies and germs. Herpes is NOT THAT BIG A DEAL!”
Not a single girl present at that dinner ever came close to having sex with me. On a related note, Kris Humphries was sued for allegedly giving a girl the herp.
Despite all the recent controversy surrounding U.S. Supreme Court decisions on health care, immigration and other issues, nearly two-thirds of Americans can’t name even a single member of the Supreme Court.
At the 1992 Republican National Convention, Pat Buchanan announced that America was in the midst of a culture war. In his view, this war was being waged between descendents of the 60′s counter-culture and those who sought to protect “traditional” values. In the field of law, this idea found a home in (who else?) Justice Antonin Scalia’s dissent in Romer v. Evans, in which he famously wrote that “[t]he Court has mistaken a Kulturkampf for a fit of spite.” Something about the original German sends a shiver down the spine, doesn’t it? Anyway, we can all surely agree that these two yahoos wouldn’t know a culture war if it slapped them in the face with a bottle of Faygo soda.
There’s a real culture war going on, ninjas. And it has nothing to do with gay marrying or abortions or the third rail of American politics, cockfighting. It has to do with the FBI’s insane decision to categorize Juggalos — i.e., fans of the Insane Clown Posse hip-hop duo — as a “loosely-organized hybrid gang.” It has to do with real persecution and honest-to-God discrimination against the Juggalo people.
Luckily for me and my fellow Juggalos, Insane Clown Posse doesn’t know the meaning of backing down. And that’s not a slam at all, it’s just a turn-of-phrase. They know the meaning. They just refuse to back down. Is what I’m saying….
Justice Scalia is fond of reminding me that he was the first Yankees fan on the Court and he is still a very loyal Yankees fan. I keep telling him the only difference is that I was born in the Bronx and he wasn’t.
Over the years, Judge Richard Posner (7th Cir.) has sent a number of his clerks to the chambers of Justice Antonin Scalia. Query whether Judge Posner’s record as a feeder judge to Justice Scalia will be impaired by the recent sniping between them (or by Judge Posner’s ideological drift; as he recently told NPR, he has grown less conservative “since the Republican Party started becoming goofy”).
Last month, Judge Posner expressed misgivings over Justice Scalia’s impassioned dissent in Arizona v. United States, a high-profile case about immigration. Judge Posner questioned the “famously outspoken” justice’s decision to include complaints about illegal immigrants in his dissent, suggesting that such discussion might be more appropriate for a campaign ad than a judicial opinion.
In a recent interview, Justice Scalia benchslapped back — hard. What did he have to say?
* Presidential campaigns for Election 2012 are focusing in on the Supreme Court and future appointments to the high court, and Vice President Joe Biden is really not a fan of Justice Scalia. [POLITICO]
* Dewey know what the ramifications of D&L’s $50M insurance policy will mean for the resolution of the failed firm’s bankruptcy proceedings? Well, Steve Davis is probably happy. [Thomson Reuters News & Insight]
* Howrey going to pay off all of our creditors? Probably by dipping into the coffers of the 70 other law firms that took on our defectors. Have fun with all of those subpoenas. [Capital Business / Washington Post]
* The percentage of women in Biglaw partnership positions is up 2.8% since 2003, but the equity gender gap remains. At least some progress is being made. [National Law Journal]
* “I thought your papers were terrific, I just disagreed with them.” Kleiner Perkins isn’t a fan of backhanded compliments, so the firm is appealing a judge’s decision to keep Ellen Pao’s case out of arbitration. [Reuters]
* James Holmes, the alleged shooter in the Aurora movie-theater massacre, is scheduled to make his first court appearance today for an initial advisement. Thus far, he’s facing at least 71 charges. [Denver Post]
* The class action suit filed against Cooley Law over its allegedly deceptive employment statistics has been dismissed, much like the NYLS lawsuit before it. More on the dismissal to come later today. [WSJ Law Blog]
* “Sex isn’t going to buy me dinner.” Michael Winner, the attorney accused of offering “pro boner” assistance to female inmates, claims in an interview that the allegations against him are “just plain false.” [WSB-TV Atlanta]
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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 six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!