A minor scandal is brewing in Las Vegas. In a city known for its impeccable ethics and strictly above-board dealings, the legal community is astir over suggestions that a nominee to the federal bench earned her nomination by engineering a windfall for her political sponsor, Senator Harry Reid, with conveniently-timed donations from her law partners.
At what point does sucking up to politicians cross into the appearance of impropriety for prospective federal judges, and how much should the rest of us care?
* Even though Obama wants to “make sure that [he's] not interjecting [himself] too much into this process,” the DOJ may still suggest that the Supreme Court overturn Proposition 8, California’s ban on gay marriage. [Associated Press]
* Anheuser-Busch InBev and the Department of Justice are cracking open a couple of cold ones to settle their differences over antitrust concerns with regard to the company’s planned purchase of Grupo Modelo. [DealBook / New York Times]
* It looks like Steve DiCarmine is being forced to take a break from his rigorous class schedule at Parsons to testify at a Dewey bankruptcy hearing next week. He’ll be happy to hear orange is in this spring. [Am Law Daily]
* Represented by Steptoe & Johnson, Jesse Jackson Jr. pleaded guilty to misusing $750,000 of his campaign funds for personal use. Most interesting purchase: Michael Jackson memorabilia. [Blog of Legal Times]
* When it comes to recruiting new talent, the ability to maintain a “collegial culture” is apparently a selling point for midsize law firms. And here we thought douchebaggery was the way to go. Sigh. [National Law Journal]
* Protip: do not flash your prosecutor’s badge to bypass cover charges and lap dance surcharges at the local strip club. You’re going to get fired. We’ll probably have more on this later. [Riptide 2.0 / Miami New Times]
* Don’t worry ladies, if you’re about to be raped, just pee or puke all over your attacker — or better yet, tell him that you’re on your period. Yeah, that’ll work. These tips are almost as good as “don’t dress like a slut.” [CNN]
* “[T]his is a ridiculous sideshow that’s horribly unbecoming to the parties involved.” The NCAA is now suing over a new Pennsylvania law designed to keep PSU’s Sandusky fines in the state. [San Francisco Chronicle]
Take the words “all contributors.” Now close your eyes and contemplate what those words mean in plain English. This exercise serves two purposes, by both focusing your mind on the definition and simulating exactly how much the D.C. Circuit thinks you should know about the political process. How did they come to their decision, you might ask? By twisting, turning, and bending the words of the English language in a way that’s still illegal in nine states.
I mean, what more can you say about an opinion that calls dictionaries an “optical illusion?” Seriously…
I’m always amazed by the ability of the American public to contradict themselves. People hate Congress, but consistently reelect their Congressmen. People want more government services, but don’t support tax increases. The say they hate negative ads, but allow them to be incredibly effective.
Today is Constitution Day, and the Associated Press has a new poll that’s giving Americans a chance to express their contradictory views about our beloved organizing document.
One “headline” from the poll: nearly 70% of Americans believe the Constitution is an “enduring” document that doesn’t need to be “modernized.” Although that number is going down.
So it’s perfect the way it is, except for the parts that people don’t like….
Between now and the election, there are going to be a ton of stories about who is up and who is down. Barack Obama is enjoying a modest convention bounce, and with daily tracing polls, the media will have plenty of opportunities to tell us who’s winning while we wait for America to actually vote.
But there are other ways to pick winners and losers. Taking a look at fundraising is a good way to look at who is going to be able to “blitz” the airwaves with a mind-numbing array of ads. Money raised also gives us a way to look at the “enthusiasm” the candidates enjoy among their key constituents. And as we all know, “blitzing” airwaves makes people “enthusiastic” about “moving to Canada.”
I mean, I find it hard to believe that there are people who haven’t yet made up their mind as to who they are going to vote for. Mitt Romney has been running for president for eight years. Obama has been the president for four. The two parties support wildlydifferent platforms. If last minute ads are going to influence your vote, you’ve got the mental capacity of a goldfish.
Of course, there are a few Biglaw firms who have contributed a lot of money to the candidates, they probably know just how stupid the American public can be….
* Sorry, I don’t like bike dudes; so many cyclists are rude, irresponsible, and annoying, to both pedestrians and drivers. If I were king, they’d go to prison; but I’m not, so we’ll have to settle for reeducation. [New York Times]
* What does Bruce Springsteen think of Obamacare? [Althouse]
* A few jurisdictions have laws against “attractiveness discrimination.” Try to guess which ones, then click on the link to see if you’re right. [What About Clients?]
* Larry Lessig and Ilya Shapiro debate the value of disclosure requirements in the campaign finance context. [Lean Forward / MSNBC]
Thursday the Supreme Court will sit for its final session of October Term 2011. The Court will issue opinions in all the cases pending before it. For example, the Court will let the American people know whether they ever have a right to lie.
The Court will also rule on the case that, according to a sign I saw earlier, presents the question of whether we need to “Get The Feds Out of Medicare.” I’m not sure about the details of that case though, because it hasn’t gotten much press attention (I only read the Bicycle Times).
Today, however, the Court issued two opinions in argued cases. The fun in the courtroom was not in the opinions, but in the dissents….
This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.
In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….
* “Our assets went home every night, until one night, they went home and never came back.” Aww, Dewey shed a tear for this bankrupt law firm? Nah. [Thomson Reuters News & Insight]
* It looks like SCOTUS Justice Clarence Thomas decided to kiss and make up with his alma mater, Yale Law School. He’ll be the keynote speaker at an alumni dinner in D.C. this summer. [Reuters]
* And the marriage equality battle has finally arrived in Obama’s former stomping grounds. Lambda Legal and the ACLU are challenging the ban on gay marriage in Illinois. [Associated Press]
* The biggest news out of the John Edwards trial yesterday was that Judge Eagles told the alternate jurors they didn’t have to show up anymore. OMG, boring. Give us a verdict already. [ABC News]
* Kim Dotcom and his company’s defense against the DOJ’s charges is coming together piece by piece. If only Megaupload were a torrent site, this would be a much better nerd joke. [Media Decoder / New York Times]
* The ABA Journal wants to know if you curse in the workplace, and if so, in what situations. We bet that a fair share of Biglaw associates were dropping f-bombs left and right over this year’s bonuses. [ABA Journal]
* Dewey have any cash to pay the people helping to wind down our firm’s business? Nope! Even though JPMorgan backed D&L’s $8.6M motion to fund the firm’s ongoing operations, Judge Glenn insisted that the bank “[r]oll [its] truck up and start collecting accounts receivable.” [Am Law Daily (reg. req.)]
* “The jury has sent a note that they’ve reached… [dramatic pause] … a good stopping point.” Judicial humor lightened the mood after the seventh day of deliberations without a verdict in the John Edwards trial. [ABC News]
* Dharun Ravi finally issued an apology for his “stupid and childish” behavior, and he’ll be heading off to serve his 30-day jail sentence on Thursday. And you know, that jail sentence is joke enough for this blurb. [CNN]
* “Dumb Blonde” isn’t a name that Elizabeth Warren takes too kindly to being called. She much prefers the name that her Native American ancestors bestowed upon her: “Running Joke.” [San Francisco Chronicle]
* Four of the alleged victims in the Jerry Sandusky case have asked the court to protect their identities. It’s kind of like the Michael Jackson case, but everyone cares more because this one involves football. [Bloomberg]
* Hundreds of lawyers, notaries, and other legal professionals took to the streets in Montreal earlier this week to publicly protest Bill 78, a law that limits public protests. That’s so meta, eh Canadians? [Montreal Gazette]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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