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….
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: