In a stunning attempt to redefine the concept of “imminent,” a leaked white paper from the Department of Justice outlines circumstances where America can assassinate terrorists, Americans living abroad, pretty much anybody important enough that the President wants to have him killed.
Oh, you think I’m engaging in a bit of hyperbole? Read the 16-page white paper for yourself. You’ll think Brutus and Cassius wrote it before stabbing Caesar.
According to the paper, the U.S. can undertake “self-defense” assassinations without any evidence of an actual specific threat…
I write about law school debt, often and passionately, because at the end of the day there are real productive people who are getting ruined by taking out more money than they can reasonably pay back. Not all of these people are “deadbeats,” and not all of these people are too stupid to understand a loan agreement. Many of them are people who simply thought that in America education was the path to upward mobility.
But unfortunately, in America today, education is also the path towards financial instability, or even disaster. People who take the shot at bettering themselves through education can easily find themselves with bad jobs and a mountain of debt that will take decades to pay off.
It’s not just happening to kids. The New York Times had a big article yesterday that highlighted all of the parents who have taken loans out for their children’s education and now can’t pay off the loans. And since we’re talking about parents, we’re dealing with people who maybe don’t have decades to get their financial houses back in order.
In one shocking case, a man took his own life; in the suicide note, he said: “I can’t even answer the phone in my own home no more. I can’t live like this no more.”…
– The introductory line to Chief Judge Alex Kozinski’s recent separate opinion in Garfias-Rodriguez v. Holder (9th Cir. Oct. 19, 2012). As noted by the WSJ Law Blog, the other opinions of the highly fragmented en banc court had more traditional designations, like “concurrence” and “dissent.” Howard Bashman was amused.
(Additional news out of the Ninth Circuit, of a serious and sad nature, after the jump.)
* Bank of America agreed to pay $2.43 billion, one of the biggest securities class-action settlements in history, to put the Merrill Lynch mess behind it. According to Professors Peter Henning and Steven Davidoff, B of A “is probably quite happy with the settlement given that it could have potentially faced billions of dollars more in liability in the case.” [DealBook / New York Times]
* “Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting.” Here is Robert Barnes’s take on the SCOTUS Term that starts today. [Washington Post]
* And here is Professor Garrett Epps’s review of Jeffrey Toobin’s new book on the Supreme Court, The Oath (affiliate link). [New York Times]
* How Dewey justify paying a big bonus to a member of the management team “when it has been widely pointed out that excessive compensation to the firm’s upper management significantly contributed to the firm’s collapse in the first place?” [Bankruptcy Beat via WSJ Law Blog]
* A high-profile Vatican trial raises these questions: “‘Did the butler do it?’ Or rather, ‘was it only the butler who did it?’” [Christian Science Monitor]
* Ben Ogden, an Allen & Overy associate who was killed in a Nepalese plane crash, R.I.P. [Am Law Daily]
Maybe law schools should be more like strip clubs?
There’s been an interesting lawsuit filed in Florida. The father of a woman killed by an allegedly drunk driving law student (who also died in the crash) is suing the driver’s law school for allowing the kid to get liquored up at the school’s “Barrister’s Ball.”
We’ve done a fair amount of stories about drunken shenanigans taking place at these Barrister’s Balls (or law school proms) at law schools across the country. It really makes for a perfect Above the Law story: take booze, add law students, mix with camera phones, and the thing writes itself.
But usually people don’t end up dead. The only thing a Barrister’s Ball is supposed to kill is your Google footprint. Then again, usually there isn’t a (cough, cough) intervening cause between the Ball and the ride home…
Last week, we told you that not much seemed to happen during the administration of the New York bar exam. In truth, in New York (and New Jersey), shenanigans usually don’t start until after the state boards of law examiners get their hands on the exams.
Still, things did seem quiet in the tri-state area this bar season. They were more dead than the proverbial curious cat.
But if we move upstate to Albany, there was an actual dead cat. Or perhaps we should say “horrifically murdered” cat? Try not to eat lunch (or take a bar exam) directly after reading this story…
One of McDaniel’s lawyers, Franklin J. Hogue, argued that the bond was “excessive,” claiming that the McDaniel family couldn’t afford more than $150,000. The prosecution countered that the family’s financial picture might have changed since the passing of McDaniel’s grandfather, Hollis Browning, back in April. According to Floyd Buford, another lawyer working for McDaniel, Browning’s will remains to be executed. In the end, the judge left bail as is — meaning McDaniel will remain in jail for the foreseeable future.
Now let’s hear the good news for the defendant. It relates to that disturbing internet posting that the prosecution attributed to Hacksaw McDaniel back in April….
We’ve aimed for even-handedness in our coverage of Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. We’ve written about the lurid allegations against him, and we’ve shared with you the reminiscences of a former roommate who found McDaniel a bit creepy. But we’ve also raised the possibility that some of the evidence against him might be fake, and we’ve even discussed whether perhaps McDaniel has been framed for the Giddings murder.
In our continuing quest to tell both sides of this story, today we bring you supportive words from a college classmate and friend of Stephen McDaniel. This individual believes that McDaniel is being treated unfairly in the court of public opinion — and he’d like to set the record straight….
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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: firstname.lastname@example.org.
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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