The Employment Non-Discrimination Act (“ENDA”) is proposed legislation that would prohibit most employers from discriminating on the basis of actual or perceived sexual orientation or gender identity. The Senate passed the bill in November, but the proposal is currently languishing in the House.
President Obama supports ENDA. Recently, though, LGBT activists have criticized him for not pushing the proposed legislation harder and for not creating an executive order that would create ENDA-like protections for employees of federal contractors.
Republican lawmakers, though, are the ones who will ultimately rue not enacting ENDA while they have the chance. Here’s why….
Ed. note: This is the first installment of Righteous Indignation, one of Above the Law’s new columns for conservative-minded lawyers.
In this new column, I’ll occasionally be weighing in on legal issues from a conservative, right-of-center political perspective. My aim for my contributions is to balance the liberal heft that regularly gets thrown around on the pages of Above the Law. (That’s got to be a metaphorical scale we’re using to do the balancing, if Elie’s on one end and I’m on the other.)
Where am I coming from that I might alter the usual ATL ideological balance?
As we mentioned in Morning Docket, the trial of Teresa Wagner — the would-be Iowa Law professor who claims she was denied a position because of her conservative views — ended in a mistrial. The jury found that Wagner’s First Amendment rights were not violated, but they couldn’t come to an agreement on whether her Fourteenth Amendment rights were violated by the University of Iowa College of Law.
The Wagner case was a pretty big deal. Conservatives who have long felt “under-represented,” “discriminated against,” and “disrespected” at our nation’s colleges and universities felt like Wagner had a really strong case for unconstitutional liberal bias. They really felt that Wagner was a “victim” here whose “qualifications” were questioned just because the faculty at Iowa Law irrationally “hated” her.
Man, that kind of prejudice must suck. I can’t imagine what that would feel like. Luckily, conservative pundits have showed me what to do when somebody goes to court with a claim that they’ve been unfairly discriminated against: pretend it never happened and denigrate the victim and those who defend her!
Grind up some brilliant legal theories, spice liberally with Bluebook-compliant citations, and voilà — law review articles!
Have you ever wondered how the law review sausage factory works? Perhaps you’re a law professor or practitioner who regularly submits pieces to law journals for possible publication. If you are, and if you’d like to know more about how the process works — or, more to the point, what law review editors say about you behind your back — you’ve come to the right place.
Thanks to the wonders of technology, collaborating with far-flung colleagues has never been easier. Here at Above the Law, for example, your four full-time editors — myself, Elie, Staci, and Chris — keep in touch throughout the day using Gchat.
But what if, due to inadequate security, your organization’s internal deliberations were accessible to the public? And, in some cases, even crawled by search engines?
What if you were, say, law students at a highly ranked law school, where you served as editors of a high-profile law review? And what if your, er, candid and colorful comments about the articles pending before you were to become publicly available?
Conservative law professors need help. They don’t want to admit it because conservative orthodoxy holds that the only people who can ask for help in this country are small businessmen and the institution of marriage, but make no mistake, conservatives who want to get a tenure-track job in legal academia need a leg up. That’s because they’ve been discriminated against, both currently and historically. Law school faculties are thought to be a bastion of liberalism, and the problem has gotten so bad that conservative law profs probably need a “plus-factor” in order to overcome this ingrained systemic bias.
Diversity is important in law schools, and if we’re going to have an intellectually diverse faculty, we need to find a way to integrate more conservatives into teaching positions, even if that means a qualified, liberal law professor loses his or her “spot” on the tenure track for a colleague that leans a little harder to the right.
I’d be all for that. But conservatives can’t admit that they made need a diversity program to combat generations of systemic selection bias. So instead, they’re just going to bitch about the fundamental unfairness. Or fire off employment discrimination lawsuits….
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
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.
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.