At this point, stuff like this doesn’t even make me mad. I’m just impressed. In a few years, I swear Ashton Kutcher will come out and that he’s been secretly working with the Transportation Security Administration on a new airport-themed reboot of Punk’d.
They dump grandpa’s ashes all over the floor. They accuse some guy of carrying a weapon, when it’s just his massive package. And now they apparently believe the massively overpriced, burnt Starbucks coffee you bought after getting ambiguously naked x-ray photos taken of you is SOMEHOW worth screening too.
[Stops to breathe]
OK. Let’s take a look. And, yes, OF COURSE we have video….
Left to right: Bryan Garner, Antonin Scalia, and Richard Posner
The jurisprudential wrestling match between Justice Antonin Scalia and Judge Richard Posner is quickly turning into a WWE tag team battle royal. Tagging in to help Justice Scalia: Bryan Garner, one of the foremost authorities on legal writing and legal language. Professor Garner, of course, is Justice Scalia’s co-author on Reading Law (affiliate link).
Professor Garner is not happy with Judge Posner’s treatment of the book. Let’s hear what he has to say — and also speculate on how the Posner/Scalia tiff might affect Posner’s feeding of law clerks to Scalia….
In case you missed it, you should check out Judge Richard Posner’s recent review of the new book by Justice Antonin Scalia and Bryan Garner, Reading Law (affiliate link). The review is deeply thoughtful and elegantly written, but a bit… harsh. It’s a definite reverse benchslap.
And it’s just the latest blow in an ongoing slugfest between Judge Posner and Justice Scalia, which we’ve chronicled in our pages. In June, Judge Posner criticized Justice Scalia’s dissent in Arizona v. United States. In July, Scalia saucily responded by saying of Posner, “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”
Ouch. These exchanges got me (and others) wondering: What’s going on between these two eminent jurists?
I reached out to both Justice Scalia and Judge Posner with this question: Is it personal?
* Apparently spring bonuses don’t make the Biglaw world go ’round after all. The annual Am Law midlevel survey is out, and satisfaction levels are up across the board. Maybe they’re happy to still be employed. [American Lawyer]
* When Dewey get to retire this used up, old D&L pun? Probably around the same time as that Howrey joke — never. Oh, and the firm asked a bankruptcy judge to approve its $70M partner “clawback” plan. [WSJ Law Blog]
* Oh mon dieu, it’s time for some law firm merger mania! DLA Piper, the second-largest Biglaw behemoth, proposed to French firm Frieh Bouhenic, and of course, the corporate boutique said “oui.” [Legal Week]
* Judicial efficiency: Judge Robert Hinkle says he’ll block Florida’s regulations on voter registration groups just as soon as an appeals court boots the state’s arguments. [Bloomberg]
* Judge Kenneth Lester Jr. will step down as judge in the George Zimmerman case after using “disparaging” language in a bail order. Zimmerman’s probably hoping that the third judge will be the charm for him. [CNN]
* Kim Kardashian settled her suit against The Gap over the company’s use of a look-alike actress in an Old Navy commercial. Sigh. She’ll keep getting paid, no matter what we do. [Hollywood, Esq. / Hollywood Reporter]
This morning, Pennsylvania Commonwealth Court Judge Robert Simpson declined to issue an injunction that would halt implementation of Pennsylvania’s new and controversial voter ID law. The law requires Pennsylvania voters to show a photo ID in order to vote. According to Pennsylvania House Republican Leader Mike Turazi, the new law will deliver the Pennsylvania election to Mitt Romney.
But that doesn’t mean it’s unconstitutional. Judge Simpson determined that an injunction would be inappropriate, and decided to give everybody a lesson on the difference between facial challenges versus “as applied” challenges to boot. He ruled that the plaintiffs, which included the ACLU, didn’t establish that “disenfranchisement was immediate or inevitable.”
* “There’s no future in working for Dewey & LeBoeuf,” but maybe if the firm’s few remaining employees can hold on for a little while longer, then perhaps they’ll be able to take home some bonus cash. [Am Law Daily]
* Doctors in Arizona are trying to block part of a new law that makes it a crime for physicians to perform abortions after 20 weeks of pregnancy. Well, somebody wasn’t paying attention in Con Law. [Bloomberg]
* All it took was an investigation by the Michigan Judicial Tenure Commission to get this judge to change his tune and apologize for throwing a lawyer in jail for the crime of representing his client. [WZZM]
* What do recent law school grads think about Yale Law’s new Ph.D. program? Most aren’t willing to spend the time or money to “resolve [their] next career crisis by going back to school.” [U.S. News & World Report]
* Come on, you’re not the 99 percent. Clinic members from NYU Law and Fordham Law wrote a report criticizing the NYPD’s response to the Occupy Wall Street movement. [Thomson Reuters News & Insight]
* Wait, law schools are slow to adopt something that may benefit their students? What else is new? Corporate compliance classes are few and far between, even though they could get you a job. [WSJ Law Blog]
* Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]
* Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]
* In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]
* “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]
* We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]
* Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]
* And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]
Yesterday, we brought you news of a rather lengthy lawsuit that was filed by professional cyclist Lance Armstrong against the U.S. Anti-Doping Agency (USADA). The sports agency had accused Armstrong of doping during his time as a record-setting Tour de France champion, despite the fact that the athlete claimed to have been drug tested more than 500 times in his career, never once yielding a positive result.
Alas, it seems that Armstrong’s dreams of vilifying the USADA were quickly crushed, less than seven hours after his suit was filed. As we sarcastically noted in Morning Docket, perhaps we ought to look into judicial doping, because the suit was dismissed with a quickness we’ve never seen before. But in all seriousness, while a land speed record for benchslapping may have been achieved, it can only be attributed to Judge Sam Sparks’s incredibly quick wit and low tolerance for bullsh*t.
Let’s take a look at the Benchslap King’s Order in a case that managed to grab national media attention just as swiftly as Judge Sparks slapped it down….
Lance Armstrong has done many regrettable things in his career as a professional cyclist (e.g., dumping Kate Hudson, breaking up with Sheryl Crow, hooking up with an Olsen twin), but he remains consistent in his claims that he has never used performance-enhancing drugs.
That’s why Armstrong was absolutely enraged when the U.S. Anti-Doping Agency (USADA) decided to formally charge him with doping at the end of June. If found guilty, the Livestrong legend could be stripped of all seven of his Tour de France titles, forced to turn over all of the money he won from 1999-2005, and banned from Olympic sports for life.
In response, Armstrong took to Twitter to criticize the USADA by linking to an Above the Law story, revealing the identity of Calvin Clark Griffith, one of the formerly anonymous members of his Review Board. If you recall, Griffith was accused of exposing himself to a law student, and entered an Alford plea in mid-June.
Today, Armstrong continued his assault upon the USADA by suing in federal court, with claims of the Agency’s various violations of his constitutional rights. Let’s take a look at the allegations….
* Who needs a Declaration of Internet Freedom when the government supports protesting citizens who go buckwild in the streets? The European Union voted against ratification of the Anti-Counterfeiting Trade Agreement. [Associated Press]
* Kenneth Schneider, the former Debevoise & Plimpton associate serving a 15-year sentence for forcing a Russian teenager to be his sex slave, was suspended from practice pending further disciplinary proceedings. [New York Law Journal]
* Glenn Mulcaire, the investigator who intercepted voicemail messages on behalf of News of the World, lost a bid to remain silent about who commissioned his services. Rupert’s gonna be sooo pissed. [New York Times]
* Congratulations to the team from the University of Chicago Law School that won the United States Supreme Court Prediction Competition. They won $5K for betting on their Con Law nerd-dom. [SCOTUS Competition]
* Judge Kenneth Lester Jr. is expected to rule on George Zimmerman’s motion for bond today, and perhaps he won’t be so quick to forget that the defendant already lied to the court to get out of jail. [Orlando Sentinel]
* “You can’t just arbitrarily add anything you want to a sentence.” Well, it looks like you can, because in addition to jail time, a judge in South Carolina tacked on a Biblical book report to this woman’s sentence. [Daily Mail]
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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 six years. You can reach them by email: asia@kinneyrecruiting.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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