There is a scene in the film Buffalo ’66 in which Christina Ricci’s character tap dances at a bowling alley. She’s wearing a very short lilac dress to go along with her tap shoes and she begins her dance slowly. She ends it slowly too. The whole thing is slow, a Thorazine shuffle committed to celluloid by one of this country’s truly weird film directors. The scene prompted Roger Ebert to remark, “What’s this scene doing in “Buffalo ’66″? Maybe Gallo didn’t have any other movie he could put it in.” What’s this paragraph doing on Above the Law?
This week, the Buffalo Bills managed to be at the center of the sporting universe for the first time since Frank Wycheck lofted that perfectly tight spiral into the arms of Kevin Dyson. Before that, it was the 4 Super Bowl defeats. The point here, if there ever is one, is that the Bills are destined to occupy our collective conscious every few years as the butt of some cosmic joke we have yet to divine the meaning of. This week, the Bills carry on their illustrious history as God’s punchline, closing one lawsuit and preparing for another.
The ongoing court battle over warrantless cell phone location tracking continues and the latest decision is another setback for the Fourth Amendment. The Fifth Circuit Court of Appeals held that individuals have no reasonable expectation of privacy over their location data. The decision states that location data is a “business record” created by private companies with the implicit consent of cell phone users and therefore are not subject to privacy protections.
* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]
* The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]
* The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]
* Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]
* The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]
* Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]
[UPDATE (9/5/2013, 11:30 p.m.): The charges discussed in this story have been expunged.]
If I may be so bold, I have an idea for a new class to be taught at UVA School of Law. It would be called “Use Your Words,” and it would go over the proper way for lawyers and law students to address police officers.
I’d teach the class at 2:00 a.m. That way the students could get in the habit of addressing people with respect even while they are intoxicated.
They could use the training. A couple of years ago, a UVA law student found herself accused of spitting on the police after a night of drinking (although the charges were ultimately dropped). More recently, a UVA Law alum and DLA Piper partner, Laura Flippin, did use her words about her own intoxication — she just allegedly didn’t use truthful ones, while under oath.
Today, we’ve got another UVA law student who allegedly didn’t use her words with the police; instead, she used her phone. No, not in the way you’re thinking….
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.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
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