[R]eading the record with just a dash of common sense tells us that chefs who happen to be American citizens surely have the capacity to learn how to cook Brazilian steaks and perform the relevant related tasks. To maintain otherwise, as Fogo de Chao does, is to imply that Brazilian chefs are essentially born with (or somehow absorb during their formative years) a cooking skill that cannot be acquired through reasonable training, which seems an entirely untenable proposition.
The public learned this week that the Judicial Council of the D.C. Circuit dismissed a complaint of judicial misconduct against Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit. The order followed a year-long investigation by Special Counsel Jeffrey Bellin. The roughly 70-page Report of the Special Committee appears nonpartisan, thorough, and fair.
The complaint stemmed from a lecture Judge Jones gave to the University of Pennsylvania Federalist Society chapter in February 2013. Among the complainants’ claims was that, during her lecture, Judge Jones suggested she believed that members of certain races were predisposed to commit violent crimes. With no recording of the event, witnesses disagreed about exactly what she said. Was she talking about genetic determinism? Or was she only referring to the objective fact that, for whatever reason, our nation’s prisoners are disproportionately black and Latino? The subsequent independent investigation concluded that “whatever she said initially, it is clear that Judge Jones used the question-and-answer period to clarify that she did not adhere to such views,” rejecting the complaint’s version of her speech. The D.C. Circuit cleared her of all of the charges of misconduct, including this one.
Sexism is pervasive in the legal profession, and it’s highly unusual if a week passes and there isn’t something to decry about the way women are treated by their male colleagues. From pay inequities and being passed up for partnership to constant lectures about the way they ought to dress, act, and speak, women lawyers have been given the short end of the stick in what was once considered a noble calling.
Worse yet, when it comes to achieving any sense of work/life balance, each action a woman lawyer takes is scrutinized with intensity — there are always questions raised as to her true dedication to her work. Should a woman lawyer be so bold as to become pregnant and then take maternity leave, then all bets are off. Colleagues will sigh with exasperation and fault their pregnant coworker for putting more work on their shoulders while the lawyer with child goes off to enjoy her “vacation” from the job.
It seems that even judges are fed up with women attorneys and their pesky maternity leave….
Or at least between one group of plaintiffs and one group of defendants. A Missouri judge was hearing a challenge to the state’s ban on same-sex marriages. Then the plaintiffs filed for summary judgment and sought a permanent injunction directing county clerks to issue marriage licenses to same-sex couples. All pretty standard.
But then the Missouri Family Policy Council filed a brief in support of the defendants. Which was jarring for the Judge Ortrie D. Smith since the Missouri Family Policy Council was not a party to the case and had sought no permission to file anything with the court.
The latest batch of presidential papers from the Clinton Administration, recently released to the public, contain some fun nuggets for law nerds. We’ve mentioned a few of them already — e.g., the time that a pre-robescent Elena Kagan, then a White House staffer, dropped the f-bomb in a memo to White House counsel Jack Quinn. Another just came to light today: as reported by Tony Mauro, a pre-robescent John Roberts, then in private practice at Hogan & Hartson, came close to representing President Clinton in the U.S. Supreme Court in Clinton v. Jones.
The papers contain other interesting tidbits too — and some are sad rather than salacious. For example, there’s the story of how a brilliant and distinguished circuit judge came thisclose to landing a seat on the Supreme Court, until health problems derailed his nomination….
Would you like a touch of sugar with that, Your Honor?
Federal judges are… fruity! I once visited Chief Judge Alex Kozinski in chambers, where I witnessed the judge engage in a spirited argument with one of his law clerks over the proper way to peel and eat an orange. Everything is up for debate in the Kozinski chambers.
And it seems like Judge Kozinski isn’t the only judicial giant with a fruit fetish. In oral arguments yesterday for Integrity Staffing Solutions v. Busk, concerning whether Amazon warehouse workers can get paid overtime for going through an end-of-day security screening, Justice Elena Kagan raised this fun scenario: if a federal judge orders his clerks to come into chambers early, to cut up his grapefruit and make the rest of his breakfast, should the clerks get paid for that?
As it turns out, this “hypothetical” is based on real life. Which federal judge actually does this?
For a moment, I thought about probation. For a moment. I need to send a message that it isn’t who you are, how famous you are. If you do something wrong, there will be consequences to pay. Confinement is absolutely necessary in this case.
– Judge Esther Salas of the District of New Jersey, speaking during Real Housewives of New Jersey star Teresa Giudice’s sentencing yesterday afternoon. Giudice was sentenced to serve 15 months in prison, and her husband, Joe Giudice, was sentenced to serve 41 months in prison.
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.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: