* The triple-dog dare: a technique employed to show off how just efficient American democracy is, or something that’s just so ridiculous it might work in the Senate when it comes to judicial filibusters for appeals court nominees. [New York Times]
* If the Supreme Court were to strike down Section 5 of the Voting Rights Act, the Obama administration has a plan in the works from the last time they thought the Supreme Court was going to strike down the very same section. [Huffington Post]
* It takes more than one legal memo to justify the killing of an American overseas — just ask the guys from the DOJ’s Office of Legal Counsel who rationalized the drone strike against Anwar al-Awlaki. [New York Times]
* Remember the Winston & Strawn stealth associate layoffs of 2012? Those weren’t layoffs, silly. They just left “because of reduced demand for junior lawyers.” Also, we have a bridge to sell you in Brooklyn. [Am Law Daily]
* If you’re not satisfied with your law degree after failing the bar exam, don’t worry, we’ve got a money-back guarantee. We’ll give you back 8.9% of your three-year tuition. It’s better than nothing! [National Law Journal]
* Meanwhile, if law school were only two years long instead of three, then perhaps a money-back guarantee would actually mean something. For now, it’s just one big public relations stunt. [Pittsburgh Post-Gazette]
* Joseph Kelner, plaintiffs’ attorney in the Kent State suit and lawyer for Bernie Goetz, RIP. [New York Times]
* Dewey know how much money this failed firm has run up on its tab for legal advisers since May? It’s quite the pretty penny — $14.8 million — and that amount actually includes some pretty ridiculous fees and charges, like $21,843 for photocopies. [Am Law Daily]
* Everyone’s glad that we didn’t nosedive over the fiscal cliff, but the people who are the most excited about it seem to be Biglaw partners. This wasn’t the best bill, and more uncertainty means more work, which means more money. [National Law Journal]
* It looks like we’re never going to find out what the Justice Department’s legal justification was for the targeted killing of Anwar al-Awlaki, because a federal judge upheld the validity of its secret memo. [New York Times]
* Everyone flipped out over Instagram’s money filter, but they’re keeping relatively quiet about this mandatory arbitration provision. Quick, post some pseudo-legalese on your Facebook wall. [WSJ Law Blog (sub. req.)]
* Good news, everyone! Thanks to this ruling, in Virginia, you can be as nasty and negative as you want to be on Yelp without fear that your voice will be censored… kind of like the Above the Law comments. [All Things D]
* As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek]
* Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg]
* Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]
When Berkeley Law professor John Yoo is able to come to the defense of President Obama’s secret legal justification for the assassination of American citizens, it’s time for progressives to pack it up and find a new candidate. Mike Bloomberg? Cory Booker? There are a bunch of other political figures out there who will gladly champion some liberal ideals until it becomes politically expedient for them to sell out the left in exchange for the warm embrace of the military-industrial complex.
Progressives will need to find somebody else because this Obama guy is done as a progressive leader. Many of you have been following the story of Anwar al-Awlaki. He’s the American-born radical cleric who was targeted and killed by a U.S. drone strike in Yemen. Many have questioned Obama’s authority to assassinate an American without due process of the law.
Today’s news is that President Obama did seek and receive legal justification for this strike from the Department of Justice. But you won’t get to see it. That’s because the DOJ issued Obama a secret memo that purportedly explains why Obama is allowed to kill Americans now….
* The Canadian Supreme Court is debating whether a woman can give prior consent for unconscious anal sex. When it’s that cold, I guess you do really freaky things to stay warm. [Vancouver Sun]
* Meanwhile, the U.S. Supreme Court is just plain being anal. Yesterday, the Court rejected the first of the Obamacare lawsuits, because it came too soon. That’s what she said. [CNN]
* Connecticut has added an eleventh man, Steven Hayes, to its death row. If executed, Hayes will be only the second inmate in the state to actually die since 1960. [ABC News]
* Oklahomans wanted to keep sharia law from sweepin’ down the plain, but a federal judge just kept everything from goin’ their way. [Wall Street Journal]
* Not just gay people kill themselves when they get bullied -– alleged child murderers do, too. Nancy Grace has to set up a trust dedicated to finding the missing son of a former guest who committed suicide. [Washington Post]
* The ACLU says that the government is trying to impose the death penalty on Anwar al-Awlaki without a trial. Kind of like the jihad he wants to impose on U.S. citizens, no? [Los Angeles Times]
* Think twice next time before you bitch about your employer on Facebook, because you might just get canned. [New York Times]
Ed. note: This post is by “The Gobbler,” one of the two writers under consideration to join Morning Dockette as a Morning Docket writer. As always, we welcome your thoughts in the comments.
I was asked to cover the lawsuit filed yesterday by the ACLU against the Obama administration regarding its policy of keeping a “kill list” and, to a larger extent, following up on it. Ashby Jones does a workmanlike summary of the basics here, providing links to background, discussion, and the complaint. Rather than rehash the facts, or lead a discussion of the latest embarrassingly naked moment in America’s long history of civil-rights-shrinkage during dips in the wartime pool, I thought I’d get creative. Sorry.
What follows is a screenplay depicting the rocky relationship between Mr. Anwar al-Aulaqi (pictured), the first American citizen added to the CIA’s naughty list; the ACLU, which, on Anwar’s behalf, alleges that the list and any action thereon violates several sections of the Constitution and international law; and the American Government. As the title suggests, it’s based on the plot and dialogue from Wedding Crashers. Christopher Walken will play the role of America, with Keir O’Donnell (a/k/a “Todd”) playing the role of Anwar. The supporting cast, in order of appearance: Vince Vaughn as ACLU, Owen Wilson as Center for Constitutional Rights, Ellen Dow (think “Rapper’s Delight” in The Wedding Singer) as Righty Conservative, Isla Fisher as Treasury, Bradley Cooper as District Court and Rachel McAdams as Court of Appeals.
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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.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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