No, Professor Jacobson, you won’t be getting her scalp.
Yesterday we mentioned the latest issue to arise in the contentious Massachusetts Senate race between incumbent Scott Brown and Elizabeth Warren, the Harvard law professor turned political candidate and national celebrity. On his blog, Legal Insurrection, Professor William Jacobson of Cornell Law School effectively accused Warren of engaging in the unauthorized practice of law in Massachusetts.
Are the accusations valid? Let’s hear from some experts — and from you, through a pair of reader polls….
You didn’t bill that — unless you have a valid law license, right?
One of the most exciting U.S. Senate races this fall is the battle taking place in Massachusetts between Scott Brown and Elizabeth Warren. Even though my personal politics are closer to those of Brown — a moderate, socially liberal Republican — I must admit to a weakness for Warren.
How could I not love Liz Warren? She’s a Harvard Law School professor, a brilliant legal mind. She’s a fabulous, fierce female; even her critics concede that she’s a formidable foe. And thanks to her viral video and her star turn at the DNC, she’s a national celebrity. The Brown campaign has tried to use this against her, but not very effectively. After watching this Scott Brown ad, I just wanted to vote for Warren even more.
According to the latest polling data, Warren holds a slight lead. But could that edge be eroded by the latest controversy, concerning whether Warren has engaged in the unauthorized practice of law?
Let’s check out the allegations, which are being leveled against Brown by a Cornell law professor….
* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]
* Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]
* Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]
* Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]
* Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]
* Dewey have any cash to pay the people helping to wind down our firm’s business? Nope! Even though JPMorgan backed D&L’s $8.6M motion to fund the firm’s ongoing operations, Judge Glenn insisted that the bank “[r]oll [its] truck up and start collecting accounts receivable.” [Am Law Daily (reg. req.)]
* “The jury has sent a note that they’ve reached… [dramatic pause] … a good stopping point.” Judicial humor lightened the mood after the seventh day of deliberations without a verdict in the John Edwards trial. [ABC News]
* Dharun Ravi finally issued an apology for his “stupid and childish” behavior, and he’ll be heading off to serve his 30-day jail sentence on Thursday. And you know, that jail sentence is joke enough for this blurb. [CNN]
* “Dumb Blonde” isn’t a name that Elizabeth Warren takes too kindly to being called. She much prefers the name that her Native American ancestors bestowed upon her: “Running Joke.” [San Francisco Chronicle]
* Four of the alleged victims in the Jerry Sandusky case have asked the court to protect their identities. It’s kind of like the Michael Jackson case, but everyone cares more because this one involves football. [Bloomberg]
* Hundreds of lawyers, notaries, and other legal professionals took to the streets in Montreal earlier this week to publicly protest Bill 78, a law that limits public protests. That’s so meta, eh Canadians? [Montreal Gazette]
* Dewey need to declare bankruptcy yet? While the delusional firm has “no plans to file bankruptcy,” partner defectors and retirees are being advised to contact personal bankruptcy lawyers ASAP. [New York Times]
* When Dewey become a part of the great unwashed? When you’re being sued for $300K in unpaid janitors’ bills. But that claim’s going to be nickel and dimed, just like the firm’s partner guarantees. [Businessweek]
* Maybe Greenberg Traurig ditched its merger talks with D&L because they had problems of their own. The firm apparently laid off staff to achieve a 4-to-1 attorney-secretary ratio. [Daily Business Review (sub. req.)]
* The judge presiding over the John Edwards campaign finance trial denied a motion to dismiss the charges against the former presidential candidate. Like all the rest of us, Judge Eagles probably just wants to see if he and his baby mama, Rielle Hunter, will take the stand. [MSNBC]
* In the wake of the Elizabeth Warren controversy, many have wondered what goes into law school hiring decisions. Generally, they look for good teachers, but being 1/32 Native American certainly helps. [ABC News]
* Try to bring up ethics charges on the Wisconsin justice who allegedly choked a bitch in chambers, and you might find your career as Chairman of the state’s Judicial Commission in a stranglehold. [Telegraph Herald]
* Dewey seriously have one chairman again? Good Lord, this law firm is literally falling apart! Martin Bienenstock had “no plans to file bankruptcy” because he knew he was taking the first life raft off this sinking ship. [WSJ Law Blog]
* When Dewey WARN people? When it’s already too late. In case you missed it last night, the firm was served with its first suit following its en-masse layoffs. The more the merrier, because it’s a class action. [Bloomberg; WSJ Law Blog]
* Elizabeth Warren can’t decide whether she’s white or Native American. Apparently it depends on her geographic location, because she was white at UT Law, but a minority while at Penn Law. [Boston Globe]
* Racial profiling still ain’t easy, but Arizona Sheriff Joe Arpaio “will fight this to the bitter end.” The Department of Justice has filed a civil rights suit against the no-nonsense Sheriff and his department. [Associated Press]
* New Jersey Governor Chris Christie must be gearing up for his inevitable 2016 presidential run, because yesterday he vetoed an online insurance marketplace required by the Affordable Care Act. [New York Times]
* Syracuse Law recently broke ground on a $90M building that will serve as its new home. May political plagiarizers continue to grace the law school’s halls for years and years to come. [National Law Journal]
* Dewey get the chance to reap revenge against all of the partners who defected? Only in bankruptcy clawback suits. Many are keeping an eye on the Coudert and Thelen Chapter 11 cases to see if they’ll have to pay up. [Thomson Reuters News & Insight]
* “People have bigger concerns on their mind than whether Elizabeth Warren is 1/32 Cherokee.” Well, Scott Brown isn’t most people. He wants all of her job records from her career as a law professor. [Washington Wire / Wall Street Journal]
* “We are not anti-gay, we are pro-marriage.” I don’t think “pro-marriage” means what you think it means. Last night, North Carolina voters passed a constitutional amendment banning same-sex marriage in the state. [CNN]
* Mike McQueary is filing a whistleblower lawsuit against Penn State. Hate to say it, but that’s definitely not the first time Penn State’s seen a lawsuit over something being blown in the locker room. [Centre Daily Times]
* Washington University in St. Louis Law is launching an online LL.M. program for foreign lawyers for the low, low price of $48K. The exchange rate surely can’t be good enough for that to be worth it. [New York Times]
* Joran van der Sloot will likely be extradited to the United States from Peru this summer. His lawyer, Maximo Altez, isn’t a fan, because he thinks that we’ll charge his client with murder. America, f**k yeah! [ABC News]
* Oh, of course a member of the Village People’s claim just had to be the test case for 35-year copyright transfer termination. Well, kudos to you, Mr. Motorcycle Cop. You’re a real “Macho Man.” [Bloomberg]
* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]
* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]
* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]
* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]
* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend the second-best school in the nation. [MLive]
* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]
* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]
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.
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