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: 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.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.