Books

Non-Sequiturs: 03.01.13

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* Court rules that overlapping elements between romance novels do not amount to infringement. I mean, there’s only so many ways to phrase “throbbing member.” [Courthouse News Service]

* Pinellas County, Florida (Tampa Bay area) returns to using fluoridated water after a governmental sea change brought on by the issue. Don’t they understand the Communist plot to sap and impurify our precious bodily fluids? [Tampa Bay Times]

* In fairness, I think pro se litigants generally have a pretty good ineffective assistance claim. [Lowering the Bar]

* The D.C. Circuit managed to irritate both environmentalists and industry by affirming Fish and Wildlife’s designation of polar bears as “threatened.” It’s a nice middle ground. You know who else would appreciate some middle ground? A polar bear clinging to a shrinking ice floe. [Volokh Conspiracy]

* Former Justice Sandra Day O’Connor thinks kids need a healthier respect for the American democratic process. It would be unfortunate if the will of a democratic majority could get hijacked by five partisan hacks. [Courthouse News Service]

* Following up on yesterday’s profile of Lindsay Lohan’s attorney Mark Heller, the judge declared him “incompetent.” Fair enough. [TMZ]

* Oh, but trust him, he’s a doctor (of law). [The Economist]

* To quote the inimitable Spencer Hall, “Fine, here, cry.” [New York Times]

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The Georgetown University Law Center for Bagels and Lox?

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The first day I took up my place behind the counter was the last day I practiced law.

– Mark Russ Federman, a Georgetown Law graduate, commenting on his experience at his family business, Russ & Daughters, one of the last Jewish appetizing shops in New York. Federman is the author of a new book, Russ & Daughters: Reflections and Recipes from the House That Herring Built (affiliate link).

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Emily Bazelon Makes Stephen Colbert Cry

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So I’ve thought about this a lot….

–Emily Bazelon, senior editor at Slate and author of Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy (affiliate link), responding to Stephen Colbert’s query, “Do you think I’m a bully?” The exchange brought Colbert to tears.

(Full video of the interview, after the jump….)

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The ATL Interrogatories: 10 Questions with Theodore Boutrous of Gibson Dunn & Crutcher

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Ed. note: This is the second installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give a notable law firm partner an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Theodore Boutrous, Jr. is co-chair of Gibson Dunn‘s appellate and constitutional law groups. He is also a member of the firm’s executive and management committees.

1. What is the greatest challenge to the legal industry over the next five years?

For law firms to maintain strong, lasting bonds with clients and distinctive brands and cultures rather than transforming into large, largely fungible, faceless, bottom-line business enterprises.

2. What has been the biggest positive change to the legal profession since the start of your career?

Technology has revolutionized the legal profession, enhancing productivity, and improving the quality of work, life and client-service capabilities.

3. What has been the biggest negative change to the legal profession since the start of your career?

The demise of law libraries as special sanctuaries for thinking and contemplating and generating ideas.

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Calling All Law Firm Partners: The Future of Big Law Reception

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Our friend Bruce MacEwen has written a trenchant analysis of the predicament currently facing the large law firm business model: Growth is Dead: Now What? In the words of Paul Weiss chair Brad Karp, the book “is an extraordinary body of work that reflects enormous insight and ought be required reading by managing partners of law firms,” as well as “a much-needed wake up call for our profession.”

Originally a twelve-part series on Adam Smith Esq., Growth is Dead will soon be released as a paperback. Next Tuesday, February 26, ATL will host a salon-type event for law firm partners in celebration of this release, at a sleek new venue in a convenient area of Manhattan. Peter Kalis, global managing partner of K&L Gates and author of the foreword for Growth is Dead, will introduce Bruce, who will then (briefly) discuss his book and take a few questions. This will be followed by a free evening of cocktails and thought-provoking conversation. We’ve had a robust response so far, but limited spaces are still available. Law firm partners, please join us; you can RSVP here.

By way of preview, we spoke with Bruce about his book. How did it come about? What did he find out in the course of writing it that was most surprising? Encouraging? Discouraging?

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The ATL Interrogatories: 10 Questions with Peter Kalis of K&L Gates

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Ed. note: This is the first installment of The ATL Interrogatories, brought to you by David Carrie LLC. This recurring feature will give a notable law firm partner an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Peter Kalis is the chairman and global managing partner of K&L Gates.

1. What is the greatest challenge to the legal industry over the next five years?

Although I’m tempted to do a passable imitation of a legal consultant and talk about globalization, innovation and the New Normal, all of which are important, in fact the fundamental challenge facing our industry over the next five years and beyond is to preserve the Rule of Law in a world in which an increasing number of globally significant economies have no comparable tradition and in which some governments don’t respect rights of individuals and enterprises. The world, our industry and our profession would be much different if norms we associate with the Rule of Law were defined downward as a by-product of globalization. I know it’s a stretch for an audience focused during difficult times on real and immediate career challenges to shift gears and focus on a seemingly abstract concept such as the Rule of Law. The times tend to divert all of our gazes inward. But there is no one reading this who is more self-absorbed than the least self-absorbed law firm managing partner.

We all need to do a better job when it comes to talking about and vindicating the Rule of Law in our day to day lives. I know that I do. With all of the misguided talk about vocationalism in legal education, moreover, I also worry that our law schools are not pounding away sufficiently at the foundational importance of the Rule of Law or the role of U.S. lawyers, among others, as its missionaries.

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It’s Justice Sotomayor’s Beloved World; The Rest Of Us Are Just Living In It (Plus Tales From Her Honor’s Neighbors)

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Justice Sotomayor can be seen everywhere — from First Street to U Street to Sesame Street.

I had the pleasure and honor of meeting then-Judge Sonia Sotomayor, at the time a member of the U.S. Court of Appeals for the Second Circuit, at a friend’s wedding in the spring of 2005. I wrote a quick story about it for my first blog, Underneath Their Robes. I praised Her Honor as “striking,” “glamorous,” and stylishly attired: “Based on her fashion sense, it sounds like she’d be more at home on a Paris runway!”

But what really struck me about Judge Sotomayor was how friendly and down-to-earth she was. She chatted amiably with everyone, just like an ordinary guest; she put on no Article III airs. And when the time came to cut the rug, she and Judge Barbara Jones — then of the S.D.N.Y., now of Zuckerman Spaeder — dominated the ballroom like it was their courtroom.

Now the rest of the nation is seeing the Sonia Sotomayor that I briefly glimpsed almost eight year ago. As reflected in recent media coverage, the Wise Latina is truly America’s judicial sweetheart. And super-nice to the neighbors in her U Street condo building — who have all sorts of fun dish on the justice….

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Non-Sequiturs: 02.04.13

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* Dear professors, please try to understand that most people who experience normal, human emotions are more concerned with the future of American law students than they are with whether or not American law schools can survive by bilking the hell out of foreigners. [PrawfsBlawg]

* In Canada, they raided somebody’s Super Bowl party to bust up an illegal gambling ring. They never would have done this during the Grey Cup. [CTV News]

* Apparently some kind of law something happened on Downton Abbey last night? I missed it, because staring at a dark stadium is literally more interesting than that freaking show. [Law and More]

* Thomson Reuters is getting out of the academic book publishing business. If only law professors would do the same thing. [TaxProf Blog]

* Is Washington & Lee’s “experiential” curriculum working? [The Volokh Conspiracy]

* Just to be clear, torturing people only works in the movies and television. [Politics USA]

* Cleary might become an ATL feeder firm. [Legal Cheek]

* Here’s an excerpt from a fun interview with David Lat, in which he talks about asking Richard Posner out on a date. [California Lawyer]

And there’s video, which you can watch for CLE credit, after the jump….

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Morning Docket: 01.30.13

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* Justice Sotomayor’s memoir made the NYT’s best-seller list, and in terms of sales, she’s officially beating the pants off other Supreme Court justices who’ve released books of a similar nature. [WSJ Law Blog (sub. req.)]

* In case you were sleeping under a rock yesterday when this happened, John Kerry was confirmed by the Senate as secretary of state. Don’t think we’ll be getting a Texts From John Tumblr, though. [New York Times]

* Despite having a “pretty spectacular” year, Blank Rome’s legal secretaries may soon find themselves blankly roaming in search of new employment. Better hurry up, the buyout offer expires on Friday! [Legal Intelligencer]

* Straight up now tell me, do you really wanna sue me forever? Corey Clark once claimed he had an affair with American Idol judge Paula Abdul, and now he claims MoFo and Gibson Dunn defamed him. [Am Law Daily]

* In this round of musical chairs, we learn that Orrick hoovered up three energy and project finance partners from Bingham, one of whom will co-chair the firm’s U.S. energy group. [Thomson Reuters News & Insight]

* Remember the Zumba prostitution ring? Now we know you can’t be prosecuted for secretly filming Johns in the act in Maine, because there’s no expectation of privacy in “bordellos, whorehouses, and the like.” [Wired]

* Energy drink makers are facing class action suits over claims made about their products. Fine, Red Bull may not give you wings, but it tastes like piss, and that’s gotta count for something, dammit. [National Law Journal]

* Much like herpes, Lindsay Lohan’s legal drama is the gift that just keeps on giving. Her longtime lawyer Shawn Holley wants out, and her new lawyer, Mark Heller, isn’t even licensed to practice in California. [CNN]

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Morning Docket: 01.24.13

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* The revised transcript from the day Justice Thomas spoke during oral arguments has arrived, and it seems his record for not having asked a single question from the bench is still intact. [WSJ Law Blog (sub. req.)]

* The Seventh Circuit ruled on Indiana’s social media ban for sex offenders, and the internet’s filth will be pleased to know they can tweet about underage girls to their heart’s content. [National Law Journal]

* Propaganda from the dean of a state law school: lawyers from private schools are forcing taxpayers to bear the brunt of their higher debt loads with higher fees associated with their services. [Spokesman-Review]

* Rhode Island is now the only state in New England where same-sex couples can’t get married, but that may change as soon as the state Senate gets its act together, sooo… we may be waiting a while. [New York Times]

* It’ll be hard to document every suit filed against Lance Armstrong, but this one was amusing. Now people want their money back after buying his autobiography because they say it’s a work of fiction. [Bloomberg]

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