From the Above the Law mailbag: “Is ATL ever going to call out Judge Posner for being so needlessly nasty to litigants?”
Ummm, no. I’m a big fan of Judge Richard Posner, who is brilliant and hilarious. (Yes, hilarious — if you doubt that, check out the awesome podcast that he and I did together, which you can download and listen to during your commute or at the gym.)
But in the interest of fairness, I will make this reader’s case. This correspondent cited the recent oral argument in Notre Dame v. Sebelius, which we alluded to yesterday, in which Judge Posner dispensed some benchslaps to Matthew Kairis, head of litigation in the Columbus office of Jones Day. The reader also mentioned the argument on remand in the Conrad Black case, alleging that Posner “was particularly nasty to Miguel Estrada, seemingly piqued that Estrada got him reversed by SCOTUS.”
Let’s focus on the Notre Dame v. Sebelius argument, since it just happened. How bad was it?
* Elizabeth Wurtzel: “I am a lawyer. The first rule of law: All the promises will be broken. Attorneys could not be in business if people did not fail to do what they agreed to do all the time — and lawyers are very busy.” [Nerve.com]
* Laura Ingraham clerked for SCOTUS, so presumably she knows that Puerto Ricans are American citizens — right? [Media Matters]
* Chief Judge Alex Kozinski, known for zerotolerance of prosecutorial misconduct, has written the foreword to a new book on the subject. [Facebook]
* In addition to the one we mentioned yesterday, here’s another petition for the Obama Administration that’s aimed at addressing the student debt crisis. [WhiteHouse.gov]
Justice Scalia is kind of a troll sometimes. He routinely snarks out his fellow justices and is a total dick to legal luminaries like Judge Posner. His belligerence is drenched in sarcasm and usually arbitrary.
In a sense, Antonin Scalia is ATL’s spirit guide.
But when he went after an attorney appearing before him, he got immediately chastised by a fellow justice and raised the ire of even conservative commentators.
In this instance, I’m going out on a limb and say Justice Scalia was absolutely, positively, 100 percent right….
And no, it’s not about lowering their reversal rate in the Supreme Court. In fact, in recent years the Sixth Circuit has surpassed the Ninth Circuit as the most-reversed appeals court in SCOTUS. (Veteran Supreme Court litigator Tom Goldstein also pointed this out at our ATL reception with him a few weeks ago.)
So how can you help out the Ninth Circuit? It’s a very easy and simple request, sent to us from Chief Judge Alex Kozinski….
Supreme Court clerks are some of the brightest young legal minds in the country. But their talents don’t come cheap. Every year, Biglaw firms fall all over each other trying to woo outgoing SCOTUS clerks, showering them with six-figure signing bonuses (on top of robust base salaries and year-end bonuses, of course).
The going rate in terms of Supreme Court clerkship bonuses is a cool $300,000. Which top law firm just dropped $1.8 million in signing bonuses for a half-dozen SCOTUS clerks?
Folks often ask me if there’s anything I did at a law firm that I now miss in my in-house role.
The truth is that there are a ton of things I miss. (That doesn’t mean that, overall, I regret having moved in-house. It just means that life involves trade-offs, and moving in-house, like everything else, has both advantages and disadvantages.)
What do I miss most about law firm life? Playing the good parts of the litigation game: I loved dismembering an expert witness at deposition and knowing that we’d never hear from the guy at trial. I loved arguing motions and, more than that, appeals (because the stakes on appeal were typically higher and the panel better prepared than a single judge hearing motions). I loved fretting about a legal issue for weeks, having an epiphany, and suddenly knowing how a client would escape a thorny problem. And I loved the camaraderie of a trial site and the excitement of awaiting a jury verdict.
So here’s today question (with the answer after the jump, of course): If you say you love arguing appeals, why don’t you argue some? Tell outside counsel that you appreciate the help he provided in the trial court and writing the appellate brief, but that you’re going to argue the appeal. You’re the in-house lawyer; you pay the bills; you can do this. If you want to argue appeals, why don’t you?
After successfully challenging a $50 ticket, attorney Leonard Kohen was feeling pretty good. The Administrative Law Judge hearing the case had agreed that the ticket — for running in a park after dark in February — was flimsy, and the New York City Parks & Recreation Department had to give up the ghost of collecting that $50 fine.
But no one screws over New York’s ersatz Leslie Knope and gets away with it.
New York City is appealing the ticket because there is absolutely nothing more important to spend time and money on than pursuing $50 tickets.
We have a copy of what passes for the appellate brief….
Now with the internet, you don’t even need to spring for a nice plate to panhandle.
In the before times, in the long, long ago, there was no internet. There was no Shark Tank. There were banks and capitalists. You had to go to them with your business ventures, beg them for start-up money, and that’s the way the world worked.
Now, anybody can beg anybody else for money. There’s no dignity anymore. There aren’t eight Jewish bankers who control everything. You don’t have to borrow money for your house from Mr. Potter. You don’t need to promise eternal salvation before passing the hat around. Now, any idiot with a dream and a keyboard can go on the internet and beg people for money.
Kickstarter is at least a place where ideas beg for money. A tipster sent us a link to “Upstart,” where individuals ask you to fund them in exchange for a percentage of their future earnings. So far, four people with J.D.s think they’re so special you should give them money so they can do what they want…
Can you imagine only having to listen to black people for 11 minutes for your entire year?
At what point do the Supreme Court’s views on racial equality and tolerance become entirely illegitimate?
At this point, I wouldn’t be surprised if the only black people the nine justices know are characters they’ve seen in Tyler Perry movies. Sorry… characters the justices have seen in previews for Tyler Perry movies.
The Huffington Post has a damning report on the number of minorities who have even had the opportunity to argue in front of the Supreme Court this Term. It’s embarrassing. But in a couple of days or weeks, these nine people are going to presume to tell me whether or not we’ve achieved enough racial equality to do away with affirmative action and the Voting Rights Act?
It’s unbelievable. It’s unbelievable that these nine people think there is any person of color who should respect them worth a damn…
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.
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
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.