The other shoe has dropped: Senator Harry Reid went forward with the long-awaited “nuclear option” to end the Republican filibuster of Obama nominees, most notably the nominations of Judge Robert Wilkins, Georgetown Law Professor Nina Pillard, and Akin Gump partner Patricia Millett to three vacant seats on the D.C. Circuit.
By a 52-48 vote, Democrats killed off the filibuster for most of the president’s upcoming nominations, though kindly preserved the minority’s right to filibuster Supreme Court nominees. So they didn’t take away all of our fun.
But you probably already know that. You probably already have a militant opinion about it if social media is to be believed. But as we prepare to welcome three new judges to the D.C. Circuit, our friends, family, politicians, and media people are going to toss around some really hollow sound bytes both for and against this move. Let’s just get some of them out of the way now, so you don’t have to act surprised when you watch Meet the Press on Sunday.
A person expects that the area under their clothing is private and protected against hostile intrusion … but if a clothed person is out in public and reveals areas under their clothing, whether inadvertently or otherwise, to plain view, she or he no longer has an expectation of privacy.
* Airport security has forbidden joking about bombs and hijacking. Now TSA is cracking down on joking about TSA itself. In the interest of my next flight, “I love you, TSA!” [Daily Mail]
* A detailed analysis of the 14th Amendment’s role in the debt ceiling debate. President Obama should employ this solution now before the Supreme Court realizes there’s another part of the 14th Amendment they can overturn. [Main Street]
* Law school professors do not take kindly to your antics. [Law Prof Blog]
* The rules don’t apply to Yale or Harvard. Or at least the rules don’t apply to their law reviews. [Professor Bainbridge]
* Congress is still trying to decide how to regulate FM radio instead of looking at salient issues in modern copyright law. Given how brilliantly they keep the government open, maybe FM radio is the biggest issue we should give them right about now. [The Daily Caller]
* The lawyer as generalist is fading into obscurity. Let’s commemorate it in poetry, shall we? [Poetic Justice]
* A preview of some upcoming Supreme Court cases this week. Complete with cartoons! [The Spark File]
* Finally, here’s a little gem for Justice Ruth Bader Ginsburg fans that we got….
* “There are no magic bullets here.” Caught in a “trilemma,” President Obama is up against the wall and is running out of options. He soon might be forced to choose the least unconstitutional solution to the nation’s problems. [Bloomberg]
* During the government shutdown, it certainly wouldn’t be worth it for furloughed employees to hire lawyers to fight their “essential” versus “non-essential” determinations — please, like they’ll be able to afford legal representation right now. [National Law Journal]
* It seems some partners at both Dentons and McKenna Long & Aldridge aren’t fans of a possible tie-up, so they’re heading for the hills as fast as they can. Perhaps it simply wasn’t meant to be? [Am Law Daily]
* It’s time for our favorite show, As the Weil Turns! Partners from various offices are departing for other Biglaw firms, and we can now confirm that Steven Peck is a new face at Proskauer. [Law360 (sub. req.)]
* We told you last week that Matthew Martens of Fabulous Fab fame would be leaving the SEC, but now we know where he’s landing. Congrats on your new home at WilmerHale. [WSJ Law Blog (sub. req.)]
* Ohio is the latest state to offer “hazy” abortion restrictions that skirt the very edge of Supreme Court jurisprudence in order to make women feel guilty about their own right to choose. [New York Times]
* “Without makeup she looks like the Joker in Batman.” Joan Rivers is locked in a $15 million condo catfight with a Canadian socialite who isn’t afraid to pull punches. Meow! [New York Daily News]
Everyone’s talking right now about New York Magazine’s fascinating and fantastic interview with Justice Antonin Scalia. Some of what’s covered will be familiar to longstanding Scalia groupies, but some of it will be new. In a wide-ranging discussion with Jennifer Senior, Justice Scalia discusses everything from his pet peeves (like women cursing, or majority opinions that ignore the dissent); whether he has any gay friends; his tastes in television (hint: “No soup for you!”); and his desire to hire more law clerks from “lesser” law schools.
The whole thing is worth reading, but here are ten highlights to whet your appetite:
I nearly did not write this post this week. (I’ll pause while some of you wish that ‘nearly’ weren’t a part of that sentence.) I started the week with a mild toothache. By the time I reached my dentist on Tuesday morning, that niggling pain had bloomed into an infection that spread from my tooth to my jaw bone to the soft tissue of my face. Despite oral penicillin (and Vicodin!), I developed a high fever, the left side of my face swelled to grotesque proportions, and my jaw seized shut. I ended up in an ER on IV antibiotics.
While portions of the federal government ground to a halt due to insufficient funds, I held ice packs to my head and prayed quiet prayers about septicemia and the relative impermeability of the blood-brain barrier. Vaguely, in the background, I knew Congress and the president were arguing about health care. About funding the PPACA. Obamacare.
My heart goes out to folks harmed by the federal government shut-down this week. I also agree with those who are dismayed that Capitol Hill can’t reach a consensus sufficient to end the current crisis. It’s their job to find workable agreements, after all. That much, I hope most of us can agree on. Since we’re not here to agree, let’s talk a bit about Obamacare, the source of this week’s trouble in Washington . . . .
* “We’re in uncharted territory right now.” The federal courts made it through the first week of the shutdown, but they’re approaching “here be dragons” land in terms of funding. [National Law Journal]
* “It would be the most interesting case in decades.” Legal experts debate whether President Obama can ignore the debt ceiling for much longer. [New York Times]
* People are getting out of Biglaw while the getting’s good. Reed Smith’s global managing partner is leaving the firm for a general counsel gig after 13 years at the helm. [WSJ Law Blog (sub. req.)]
* Law firm leaders met to discuss how to empower women attorneys, and agreed it’s wise to parade them around in front of clients. Getting to work on those clients’ cases is another question. [Blog of Legal Times]
* Dzhokhar Tsarnaev’s lawyers want their client’s prison restrictions to be lifted and are raising a slew of constitutional claims. We think the members of his fan club are the only ones feeling sorry for him. [CNN]
* If the government shuts down and then defaults on its debt, Wall Street worries that it would “shake the foundations of the global financial system.” Hooray for political asshattery! [DealBook / New York Times]
* At least six of the Supreme Court’s judicial precedents are up for reconsideration in the upcoming Term, and high court commentators think the resulting decisions could be a mixed bag. [National Law Journal]
* Apparently low-income New Yorkers’ legal problems are “not worthy of a ‘real lawyer,'” or at least that’s the message that will be given if non-lawyers are allowed to provide legal services. [New York Law Journal]
* Sorry, lady, not enough prestige. A Brazilian journalist was allegedly on the receiving end of some “extremely violent” police behavior at Yale Law School after attempting to interview Justice Joaquim Barbosa at a private event. [The Guardian]
* Mark Cuban’s insider trading case is heading to trial today, but we genuinely wonder how he’ll be able to convince a jury that he’s “humble and affable,” rather than the “master of the universe.” [Boston Herald]
* The death toll of the latest mass shooting at the Navy Yard is 13 (including the gunman, military contractor Aaron Alexis), and people are rallying for stricter gun control laws before we’ve even had time to mourn. When will we ever learn? [New York Times]
* Today is Constitution Day, and Justice Antonin Scalia would like to remind you to celebrate — except if you think it’s a living document. If that’s the case, you can just “[f]ugget about the Constitution,” because that thing is dead, baby. [Blog of Legal Times]
* Please sir, we want some more! The Judiciary Conference has been forced to plea poverty to President Barack Obama due to its teeny tiny itsy bitsy post-sequestration budget. [National Law Journal (sub. req.)]
* Congrats to Kimberley Leach Johnson, the first woman to climb to the very top of the ladder at Quarles & Brady. That makes her the only eighth woman currently leading a Biglaw firm. [WSJ Law Blog (sub. req.)]
* And congrats to Matt Johnson, outgoing chief counsel to Senator John Cornyn (R-Texas), on his return to the private sector. He’ll be taking his talents to the lobbying firm, McBee Strategic Consulting. [The Hill]
* From second career choices to no career choices: if you want to go to law school after working in another field, you should consider if it will help or hinder your applications. [Law Admissions Lowdown / U.S. News]
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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.