Books

Trial by jury is the palladium of our liberties. I do not know what a palladium is, having never seen a palladium, but it is a good thing no doubt at any rate.

– Mark Twain, offering a stirring tribute to the American legal system. This quote, among many others, appears in a new compilation of Twain’s commentary on lawyers and the law entitled Mark Twain v. Lawyers, Lawmakers, and Lawbreakers. Palladium is a rare metallic element with atomic number 46, but we’re guessing Twain was going for another definition.

* Law student sends naked selfie to her father. Hilarity ensues. [Inside Edition]

* “Is insider trading bad?” Asking for a friend. [The Atlantic]

* Judge catches law firm cheating on the page limit. Apparently, Judge Carl Barbier was well-versed in the “slightly less than double-spaced” trick. [NPR]

* What’s the matter with (statutory interpretation in) Kansas? [KSN]

* You may have heard that technology is going to gut the market for low-level lawyering. If not, here’s a wakeup call. [Forbes]

* This year’s MacArthur genius grant recipients. Is your name on the list? SPOILER: No. But a William Mitchell Law professor is. [New York Times]

* Steve Klepper’s fair-minded and favorable review of Lat’s forthcoming book, Supreme Ambitions (affiliate link). [Maryland Appellate Blog]

Last year, St. Martin’s Press published The Partner Track, the debut novel of lawyer Helen Wan. Writing in the Wall Street Journal, I praised the book for being engaging, suspenseful, and — unlike so many legal novels — realistic. The paperback edition of The Partner Track became available last week.

I enjoy fiction about lawyers, as both a reader and writer — my own first novel comes out in a few weeks — and I’m deeply interested in how other writers work. So I interviewed Helen Wan about her book, her approach to writing, and how she managed to write a novel while holding down a demanding job as an in-house lawyer for Time Warner. I also asked for her advice on how women and minority lawyers can succeed in Biglaw.

Here’s a (lightly edited and condensed) write-up of our conversation.

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David Foster Wallace

David Foster Wallace died six years ago today, on September 12, 2008. The author of novels such as Infinite Jest, The Pale King, and essay collections such as A Supposedly Fun Thing I’ll Never Do Again hanged himself in the garage of his California home. DFW was 46.
David Foster Wallace was a lawyer’s writer, if ever one could use that label without intending insult. DFW was not a lawyer, though he famously became friends and collaborators with legal writing expert Bryan Garner. Garner’s co-author Justice Antonin Scalia is also said to be a fan. Countless attorneys who haven’t cracked a novel in years will brighten at the mention of DFW. Analytical, language-obsessed, and neurotic, he may have captured the modus operandi of many lawyers as well as any novelist or essayist could.

David Foster Wallace, especially for a fiction writer, was logical, analytical. He never quite left behind the mindset of the analytic philosophy student he once was. Wallace’s senior thesis in modal logic was published posthumously. His senior thesis in English became his first published novel, The Broom of the System. He wrote lit for STEM geeks and logic nerds . . . including the many STEM geeks and logic nerds who later ended up in law. (Myself included.)

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* Our columnist Steve Dykstra opines that Roger Goodell is not going to get fired over the Ray Rice investigation/non-investigation. But what we really want to know from Dykstra is his opinion on how badly the West is going to beat the East in this year’s Grey Cup. [Steven Dykstra]

* Apparently, we’ve been banned by Reddit. I think as editors we’ve posted on Reddit maybe 3 times in the last year, so it certainly isn’t our fault. Reddit notes “above the law will no longer be receiving traffic or page views from here,” which I guess is supposed to be a threat. Hey, don’t fault us just because our content is so good. *cue unimaginative trolling* [Reddit]

* A discussion of gutless women. [The Careerist / The American Lawyer]

* MGM might lose the rights to a pair of Clint Eastwood classics. Specifically, The Good, The Bad and The Ugly, For a Few Dollars More, and Last Tango in Paris. [Hollywood, Esq. / Hollywood Reporter]

* The winner of the Hofstra Law School Mystery Short Story Contest is “A Prisoner of Time” by Lucian E. Dervan. That sounds like a 1980s Doctor Who episode. [Mulholland Books]

* Beau Brindley pleads not guilty to telling a witness to lie. So, that case is moving right along. [My Fox Chicago]

* Vermont Law School cites children’s story books. [Law School Lemmings]

* D.C. lawyer Jacob McDermott is climbing Mt. Kilimanjaro to raise money for LiveStrong. Check out his donation site. [LiveStrong]

The start of the new Term of the Supreme Court of the United States is about a month away. So now is a good time to do a new round-up for Supreme Court clerk hiring. As it turns out, there are more than enough unreported hires for a fresh story.

And there’s other SCOTUS clerk news to share as well. Remember last year, when law firm signing bonuses for SCOTUS clerks hit a new high of $300,000? Well, try to stop yourself from turning green with envy, but some firms are now offering even more than that.

How much are these kids — and yes, many of them are kids, in their mid-twenties — taking home in signing bonuses? Yes, signing bonuses, on top of their usual six-figure associate salaries….

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* It’s fun to keep suing the Redskins over their racist nickname. It’s also fun to watch the Washington Football Club get the snot beat out of them. [ABA Journal]

* Legal aid… for inventor seeking venture capital. Everybody needs lawyers, folks. Nobody wants to pay for them. [San Jose Mercury News]

* Goldman picks and chooses which employees have their legal fees picked up by the firm. [New York Times]

* Judge Posner’s past pontifications on gay marriage, sans benchslaps. [Washington Blade]

* Harvard received the largest donation in its history. It wasn’t from me. [Business Insider]

* A nice review of David Lat’s book, Supreme Ambitions (affiliate link), by Judge Kopf. [Hercules and the Umpire]

Judge Richard Posner

* A unanimous Seventh Circuit panel, in an opinion by Judge Posner, just struck down Wisconsin and Indiana’s bans on same-sex marriage. The result isn’t surprising in light of the blistering benchslaps delivered by Judge Posner at oral argument, but the timing is faster than usual (for a federal appellate opinion in a high-profile case, not for the prolific Posner). [BuzzFeed]

* Bad news for Cahill Gordon: the Third Circuit just revived a fraud case against the high-powered firm and one of its clients, a unit of BASF. [WSJ Law Blog]

* And badder news for BP: a federal judge just concluded that the oil giant was grossly negligent in connection with the 2010 Gulf of Mexico oil spill. [New York Times]

* Freshfields gets fresh talent, adding former Wachtell partner Mitchell Presser and former Skadden partner James Douglas to its ranks. [American Lawyer]

* The dean of Seton Hall Law, Patrick Hobbs, will step down from the deanship at the end of the current academic year. Congratulations to Dean Hobbs on a long and successful tenure. [South Orange Juice]

* And congratulations to John Grisham and Jason Bailey, winners of, respectively, the 2014 Harper Lee Prize for Legal Fiction and the 2014 ABA Journal/Ross Short Fiction Contest. [ABA Journal]

* Brittany McGrath, Brooklyn Law class of 2014, RIP. [TaxProf Blog]

* The Minnesota Republican party banned their own candidate for Supreme Court from the State Fair. I just feel bad that she’ll never know who won the prize pig competition. [Minneapolis Star-Tribune]

* Lawyers are narcissists and that’s not good for their careers. [Law and More]

* A writer figures out that American University’s Law School is a trap. [Washington City Paper]

* Disturbing video of a judge ordering the illegal assault and arrest of a disabled, indigent litigant. The fact that this is the second “judge assaults a litigant” incident I’ve written about in a week is terrifying. [Sacramento Family Court News]

* Steph Cha’s new tale of old school noir, Beware Beware (affiliate link), is now available. Its setting is “a picture of desolation, of crushed dreams dressed in grimy fourth-hand garments.” And yet, somehow she’s not talking about the last days of Dewey. [LA Times]

* If you’re doing some kind of charity, do us a favor and shut up about it. [What About Clients]

* A Connecticut lawyer was barred from ever representing women again for the rest of his career. Now he may be disbarred for breaking that simple condition. [ATL Redline]

Ed. note: This is the latest post by Above the Law’s guest conversationalist, Zach Abramowitz, of blogcasting platform ReplyAll. You can see some of his other conversations and musings here.

At 30 years old, Ben Shapiro is a Harvard-trained lawyer, founder of Truthrevolt.org, editor-at-large at Breitbart.com, host of the (aptly named) Ben Shapiro Show, and a New York Times bestselling author of five books. He regularly appears as a guest pundit on Fox News and CNN and, just in case that list of accomplishments failed to adequately damage your self-esteem, Ben is also an accomplished violinist. Seriously, that’s enough to make the Tiger Mom herself, Amy Chua, throw up in her mouth.

Ben’s most recent book, The People vs. Barack Obama: The Criminal Case Against the Obama Administration (affiliate link), has created quite a stir, something to which Ben has become accustomed. Over the next few days, we will catch up with Ben and find out more about the merits of the case against the POTUS and about Ben’s place within the legal community.

Now, on to the conversation….

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