I didn’t go to Eric Holder’s big speech at the ABA annual meeting on Monday. I kind of halfheartedly tried to go, but there were a lot of people who wanted to see Holder say something they could’ve read about online hours earlier.
If the ABA had invited Secretary of Education Arne Duncan over to speak about the horrendous abuse of federal funds by purveyors of higher education, I’d have smashed my way in. But in the crush of people trying to get a look at the Attorney General trying to dismantle a big part of the United States “War On Drugs,” I was reminded that regulating legal education is a small part of what the ABA does — and a part that isn’t of great institutional importance to the organization. The ABA wants a seat at the policy table when it comes to big sexy issues of justice and legal services. Preventing member institutions from price-gouging young people doesn’t get its logo splashed across all the major news networks.
So, Eric Holder delivered a big policy address. And later, by which point I was on a plane, Hillary Clinton spoke about how she’ll be speaking about other things as she doesn’t run for president just yet. Holder! Hillary! Marvel at the ABA’s relevance in national policy debates!
Except, they’re not relevant. Holder did make an important speech on Monday, and he couldn’t have found a more supportive group for his take-down of mandatory minimums had he been speaking to potheads in Golden Gate Park. But really, the ABA isn’t going to be any more helpful when it comes to actually convincing Congress than a meeting of the 4:20 club…
The committee voted 10-8 to approve Millett’s nomination. Take a guess what all the voters had in common? Yes, the 10 Democrats voted “Aye” and the 8 Republicans voted “Nay.” Yet even while voting her down, the Republicans went out of their way to note that Millett was qualified for the post, but opposed her on the bogus argument Senator Grassley has been pushing that the D.C. Circuit is “underworked.”
During the hearings, Senator Grassley cited two anonymous letters, presumably from D.C. Circuit judges, to support his stance. Sounding very “Secret Plan to End the Vietnam War,” the anonymous poll felt very unscientific and shady.
Now we’ve got a hold of the secret survey Grassley sent judges. It’s as entertaining as his Tweets…
Last month, we reported on the mounting evidence that NYU, both the university as a whole and the law school specifically, employed a number of charitable organizations to provide faculty and staff with what can be safely called sweetheart deals on real estate and loans.
The investigation is a little unfortunate, given that it arises from a political witch hunt directed by Senator Chuck Grassley against Treasury Secretary Jack Lew. But a Senate investigation is a Senate investigation and NYU needs to suck it up and comply.
But, according to Grassley, NYU has ever so politely given him the finger…
This site has a reputation for suggesting that law schools run students into debt and pocket the cash while providing less and less to their students. (I don’t have the time to find one story, but here’s every story Elie has ever written.) We have articles on increasing debt. We have features on the salaries of law school professors.
Some call the business model of law schools a scandal.
But you can’t really have a scandal without Senate investigations uncovering secret slush funds, right?
The appellate court facing the most complex workload in the country is also tiny and overworked. Only the First Circuit has fewer active slots, and with three vacancies, the D.C. Circuit has fewer judges than its sibling courts with 11 active judges.
So it should come as no surprise that some senators are actively trying to shrink the D.C. Circuit.
The crux of their beef is that actually filling the three vacancies on the court would constitute court packing, because no one on the Hill has bothered to pick up an AP U.S. History textbook and figure out what “court packing” means.
But when you strip away the partisan stupidity and actually look at the numbers, there’s a really good argument in favor of “court packing” because this Circuit could use an extra judge or two…
* On this episode of Supreme Court Retirement Watch, we learn that for whatever reason, Justice Breyer is “having the time of his life,” and so once again, all eyes are upon Justice Ginsburg. Maybe in 2015, folks. [The Hill]
* How unusual that a federal judge would see a confirmation in less than three months. If only Chuck Grassley owed favors to all of the nominees. Congratulations to Jane Kelly, now of the Eighth Circuit. [Legal Times]
* Thanks to an unprecedented ruling from Judge Dolly Gee, mentally disabled immigrants facing deportation will receive government-paid legal representation. New law school clinics, assemble! [New York Times]
* “Among the things the ABA is working on, this may be the most important.” Too bad the Task Force on the Future of Education seems to suffer from too many cooks in kitchen. [National Law Journal]
* Another one bites the dust: Team Strauss/Anziska’s lawsuit against Brooklyn Law School over its allegedly phony employment statistics has been dismissed. Sad trombone. [WSJ Law Blog (sub. req.)]
* Justin Teixeira, one of the Berkeley law students accused in the Las Vegas bird beheading, waived an evidentiary hearing so the media couldn’t squawk about video images they’d see. [Crimesider / CBS News]
Given the events of this week, it’s important for us to understand the gaps and loopholes in our immigration system. While we don’t yet know the immigration status of people who have terrorized the communities in Massachusetts, when we find out it will help shed light on the weaknesses of our system.
How can individuals evade authority and plan such attacks on our soil? How can we beef up security checks on people who wish to enter the United States? How do we ensure that people who wish to do us harm are not eligible for benefits under the immigration laws, including this new bill before us?
* Earlier this week, after some political wrangling, Senator Chuck Grassley proposed the Court Efficiency Act in the hope of paring down the D.C. Circuit. But really, come on, what are the odds of that happening… again? [National Law Journal]
* Biglaw partners, rejoice, for it seems that your legal secretaries will be unable to sue you for defamation over emails written to your wives. Spousal privilege, baby! (N.B. This doesn’t apply to your girlfriends.) [New York Law Journal]
* Which law schools placed the highest percentage of grads in federal clerkships? This info comes from the rankings guru himself. We may have more on this later. [Morse Code / U.S. News & World Report]
* The Rutgers basketball scandal claimed another scalp yesterday after the school’s former general counsel resigned. Rutgers Law dean John Farmer will be stepping in for a brief assist. [Star-Ledger]
* So, do you remember that environmental report Steven Donziger allegedly had made up in the Chevron case? Yeah, the consulting firm just disavowed all of the evidence in the report. Oops! [Businessweek]
* Say so long to your retirement money, sweetie: Junie Hoang, the actress who sued IMDb for revealing the fact that she was over the hill, received a less than favorable jury verdict. [Houston Chronicle]
Forget the vast right-wing conspiracy. Forget the secret Communists hiding out in America. Over the weekend, the New York Times unleashed a massive article blowing the lid off the scariest conspiracy of them all: the secret Food and Drug Administration surveillance conspiracy.
Apparently, the FDA has been spying on some of its scientists, seeking out “enemies” of the agency, reading scientists’ private correspondence with everyone from journalists to attorneys to Barack Obama, taking screenshots of their personal computers, and more. The agency is facing accusations of privacy and whistleblower violations, and the scandal is so absurd that one senator has called the FDA the Gestapo.
* It’s not just media groups that are urging the Supreme Court to allow live coverage of the announcement of the ACA decision. Senators Patrick Leahy and Chuck Grassley of the Senate Judiciary Committee have joined the club. [Blog of Legal Times]
* Dewey know whether this failed firm’s former partners will be settling their claims any time soon? Team Togut hopes to reach a deal in the next six weeks, and claims that cooperation will absolve D&L’s deserters of all future liability. [Am Law Daily (sub. req.)]
* From Biglaw to the big house: former Sullivan & Cromwell partner John O’Brien, who is serving time for tax evasion charges, has been suspended from practicing law in New York. [Thomson Reuters News & Insight]
* A Stradling Yocca partner and his wife, a Boalt Hall graduate, stand accused of planting drugs on a school volunteer who supervised their son. Looks like the only thing they’re straddling now is jail time. [OC Register]
* Dharun Ravi was released early from jail yesterday after completing a little more than half of his 30-day sentence. Funny how bad behavior got him into the slammer, but good behavior got him out of it. [CNN]
* “Why would somebody so smart do something so stupid?” Kenneth Kratz, the sexting DA from Wisconsin, claims that the answer to that question is an addiction to sex and prescription drugs. [Herald Times Reporter]
* Jay-Z’s got 99 problems and this bitch is one. He’s been accused by Patrick White of plagiarizing parts of his own best-selling memoir, “Decoded,” and slapped with a copyright infringement suit. [New York Daily News]
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: email@example.com.
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.