* The Kardashians are suing their father’s widow for allegedly trying to exploit his diary — because the Kardashians object to anything exploitative. [Courthouse News Service]
* Judge Edward Korman ruled that the FDA must stop requiring those under 17 years old to present a prescription for the morning after pill. MTV’s programming executives plan to appeal. [Huffington Post]
* Wow. A partner at Alston & Bird decided to take to Facebook to troll a solo practitioner. Because that’s not douchey at all. [Rowland Legal]
* Do litigators really need instruction not to scream at witnesses? [Roll on Friday]
* A school in Massachusetts privatized school lunches, and then that company told its workers to dump the food of students who were in default on their lunch tickets. America! F**k Yeah! [Lawyers, Guns and Money]
* Illegalities sums up the malaise of being a Biglaw associate with this reblog. [Illegalities]
* Target learns the value of editing after labeling plus-sized dresses with the word “Manatee.” [Forbes]
* After the jump, watch Elie discuss his take on Democrats just coming around to supporting gay rights. Maybe McKayla Maroney rubbed off on Elie during their interview, because in this segment, he’s not impressed….
It’s hard out here for authors of judicial memoirs who are not named Sonia Sotomayor. Just ask Judge Frederic Block (E.D.N.Y.), a federal trial judge in Brooklyn since 1994 and the author of an appealing new book, Disrobed: An Inside Look at the Life and Work of a Federal Trial Judge (affiliate link). In Disrobed, Judge Block describes his surprising rise from small-town Long Island lawyer to Article III aristocracy, where he has presided over cases involving the Crown Heights riots, Kitty Genovese, mob boss Peter Gotti, and other headline-making subjects.
The book has received several favorable notices. Writing in the New York Times, Sam Roberts described Disrobed as an “engaging” book that provides “a rare look behind decision-making on the federal bench.” Over at Simple Justice, Scott Greenfield called the memoir a “well-written,” “easy and quick read,” by a “quite well-regarded” judge. I’ve read the book myself, and I concur with Roberts and Greenfield.
But even though the book has sold well, exceeding the expectations of its publisher, Thomson Reuters, Disrobed hasn’t attained the bestselling status of Justice Sotomayor’s My Beloved World (affiliate link). And this makes Judge Block a little sad, as he confessed to me when I recently visited him in chambers.
Especially because Judge Block came painfully close to what would have been a big, big break….
Imagine you’re in a negotiation to buy a used car. You use the Blue Book — the Kelley Blue Book, not the legal Bluebook — to set the starting point on the price. You do your research at home based on the blue book that’s online, which says the starting point for the car you want is $10,000.
Then, when you get to the used car dealer, you find out that they have a new blue book, one that just came out that day. It says that the starting point for the car you want is really $12,000.
You’d probably be annoyed, maybe angry. The whole starting point for your conversation about the price of the car changed.
Yet, the dealer could tell you, and you could still agree with him to pay any amount you’d like for the car. The starting point doesn’t necessarily set the ending point.
This was, basically, the situation the Supreme Court was called in to referee in this morning’s oral argument in Peugh v. United States….
* Charles Fried is pretty sure Senator Ted Cruz is crazy for saying there was only one Republican on the Harvard Law faculty. But the joke’s on Fried… no one considers a Reagan appointee a Republican anymore, you silly goose! [New Yorker]
* Brian Leiter and Paul Campos had a little dispute. This article sums it up and has some interesting thoughts on just how little law professors care now about their own teaching methods. Don’t read this if you’re averse to honesty. [The Faculty Lounge]
* Fisticuffs erupt over messing with the thermostat. This is an official warning to the other ATL editors if that office is too hot next week… [LegalJuice]
When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call “Mary,” would negotiate over the phone with Ninth Circuit judges over how particular cases should come out — a responsibility well beyond the legal research and opinion drafting done by most clerks.
On one occasion, a vote on whether to rehear a case en banc emanated not from the judge’s chambers account, but from Mary’s personal email account. Even more embarrassingly, it was written not on behalf of the judge or the chambers, but in the first person: “I vote YES to rehearing en banc.” A law school classmate of mine who was also clerking for the Ninth that year remarked, “I thought only judges did that. When did Mary get her presidential commission?”
Some of us jokingly referred to that chambers as Weekend at Judgie’s. What appeared to be going on over there reminded us of Justice Thurgood Marshall’s famous quip to his clerks: “If I die, prop me up and keep voting!”
We joked about this delegation of Article III authority to a newly minted law school graduate. But as Joseph Goldstein suggests, in a very interesting article just published by Slate and ProPublica, the issue of superannuated jurists is no laughing matter….
Being a federal prosecutor is a great legal job, but it has its downsides. One of them, at least for me, was the anonymity. In your work as an assistant U.S. attorney, it’s not about you; it’s about the merits of the cases, and seeing that justice is done. That’s public-spirited and all, but it’s not very fabulous (at least not to a shameless attention-seeker like myself).
Given the relative anonymity of being an AUSA, it’s not normal for the New York Post to cover the hiring of any single one. But Tali Farhadian, who’s joining the U.S. Attorney’s Office in the Eastern District of New York (Brooklyn), isn’t your normal AUSA.
How many federal prosecutors are as brilliant, as beautiful, and as filthy rich as Farhadian? And how many are as controversial?
Let’s learn why this lush Persian beauty is so celebrated in some quarters, and so loathed in others. And see some photos, too…
This must be the most profanity-laced piece of transcript since Aaron Wider’s deposition. It’s the transcript of the sentencing hearing before Judge Frederic Block (E.D.N.Y.) at which Assistant U.S. Attorney Carolyn Pokorny was attacked by the defendant, before the court reporter and defense counsel tackled the assailant.
The transcript was prepared by Ron Tolkin, the court reporter involved in the incident, from an audio recording. Even the heroic Mr. Tolkin can’t simultaneously (1) kick the a** of a kid decades his junior and (2) transcribe the proceedings for posterity.
Excerpts appear below. For the full transcript, see the link at the end of this post.
UPDATE: Another choice excerpt, pointed out by several of you in the comments:
To read the full transcript, click here (PDF). If you do, the “press it in” discussion might be confusing (and sound completely filthy). An E.D.N.Y. source clarifies:
["Pressing it in" refers] to the CSO, Marshalls and Deputy discussing how to activate the panic button. In the old E.D.N.Y. courthouse, you push in, but in the new one, you pull out.
The Empire State is sending all sorts of craziness our way lately. From the New York — no, not the Washington — Post:
A female federal prosecutor was viciously attacked by a hulking, razor-wielding drug dealer in a Brooklyn courtroom yesterday – and was saved when the thug’s 72-year-old lawyer and others tackled him.
“He was going to slash her throat,” said defense lawyer Harry Batchelder, who, along with a court reporter and two marshals, slammed Victor Wright, 27 [or 37?], to the ground and grabbed an inch-long razor blade from him.
Criminal defense lawyers are badass — even the septuagenarians. And don’t forget the court reporter:
“Why don’t you try me instead of her?” stenographer Ron Tolkin shouted at the cowardly criminal as he leaped on Wright, before the group fell to the ground in a heap.
Both the elderly lawyer and Tolkin, 60, are former military men who served in Vietnam.
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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.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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