In August, we lamented the fact that nearly two-thirds of Americans couldn’t name a single member of the Supreme Court. At the time, we blamed it on the perceived stupidity of our nation’s population, calling for televised oral arguments in the hopes that they’d someday compete in the ratings with reality shows like Keeping Up With the Kardashians. Unfortunately, given the high court’s resistance to change and the burgeoning evidence that we live in a country that’s overflowing with Honey Boo Boos, neither is going to happen any time soon.
But that’s really beside the point, because even if SCOTUS arguments were televised, they’d likely appear on C-SPAN, a channel that some people have probably never heard of before. Another thing that some people have never heard of before is the Supreme Court itself. That was a serious statement….
Last week, Chief Judge Alex Kozinski paid a visit to Yale Law School, where he made two public appearances. He had a Charlie Rose-style conversation with Noah Messing, YLS’s Lecturer in the Practice of Law and Legal Writing, and then he did an event with the Federalist Society, moderated by a current student, Jon Fougner.
Let’s hear what His Honor had to say, about a wide range of topics — his favorite opinion of his, tips for getting ahead in the legal profession, advocates who have impressed him over the years, why you shouldn’t take your mother to your oral argument, and why you should read Playboy (hint: it’s not for the articles)….
This past Wednesday, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit delivered the Madison Lecture on Judicial Engagement at Columbia Law School. The lecture series, sponsored by the CLS chapter of the Federalist Society, brings distinguished jurists to Columbia to discuss topics relevant to the federal judiciary and the administration of justice.
(Perhaps we should put “at” Columbia Law in quotation marks; Judge Posner actually appeared via video conference. That shouldn’t surprise, coming from a judge who lists The Matrix as one of his favorite films.)
In his talk, entitled “How I Interpret Statutes and the Constitution,” Judge Posner was his usual candid self. He offered commentary on two recent books about statutory and constitutional interpretation — books that he’s not a fan of.
* What happens if a Supreme Court clerk violates the Code of Conduct and leaks information to the press at the behest of a justice? At worst, he’d probably be forced to wash dirty socks from the SCOTUS morning exercise class. [National Law Journal]
* “[T]he great expectations when he was elected have not come to fruition.” Making judicial nominations wasn’t a high political priority, so President Barack Obama will be ending his term with just 125 lower-court appointments in the federal judiciary. [New York Times]
* If there’s anything that Paul Ryan’s good at, it’s soliciting money from lawyers and Biglaw firms. Alston & Bird tops the list of legal campaign contributors, with Patton Boggs in a close second. [Am Law Daily (sub. req.)]
* Apparently the female reproduction system shuts down to prevent conception upon rape. This improbable tidbit from a man who sits on the House Committee on Science, Space, and Technology. [Wall Street Journal]
* But a great way to take some of the heat off of the “legitimate rape” dude is to break news about another Congressman’s nude swim in the Sea of Galilee while in Israel. Excellent work on this distraction. [POLITICO]
* What crisis? Despite a steep decline in applicants, the average law school’s tuition will climb by more than double the rate of inflation this fall. It’s really heartwarming how they put students first. [National Law Journal]
* Customs agents in Los Angeles seized 20,457 pairs of faux Christian Louboutins that would’ve been worth approximately $18M. For this heinous crime of fashion, the offending shoes will undergo a trial by fire. [CNN]
* Karma sure is a Blitsch. Matthew Couloute, the alleged lawyerly Lothario who got slammed by his exes on LiarsCheatersRUs.com, is now being slammed by someone else: his soon-to-be ex-wife. [New York Post]
* Beauty school dropout, no pube hair trimming days for you! Seventeen female plaintiffs have alleged that a cosmetology instructor subjected them to less-than-sanitary lessons in a federal suit. [New York Daily News]
Now another top law school — a top, top law school, one that sends many of its graduates into clerkships — has joined Georgetown in departing from the Plan. And the school’s dean has offered a full-throated defense of the decision to diverge.
Which school are we talking about? And is its argument persuasive?
Over the past few days, we’ve received numerous emails from our readers asking about the fate of the Clerkship Scramble. This website, a popular read among the clerkship-crazed (we count ourselves in this camp), went offline sometime last week, on or about July 4. If you go to its former address, you’ll encounter this message: “Sorry, the blog at clerkshipscramble.blogspot.com has been removed. This address is not available for new blogs.” The site archives are gone, and they don’t seem to be available via Google Cache either (at least not on a comprehensive basis).
The Clerkship Scramble has been gone for just about a week, and readers already miss it. Fans have described it to us as “very useful,” “a promising site that filled a much-needed information gap,” “the best unofficial resource for law students applying to clerkships,” and “so good!” The site maintained data about clerkship placement rates by law school, compiled rankings of Supreme Court feeder judges, offered advice about the application process, and broke clerkship-related news (such as Georgetown Law’s decision to abandon the Law Clerk Hiring Plan).
Last year, the law clerk application process was chaotic — perhaps even more chaotic than usual. The disarray even made the pages of the New York Times.
One of the driving factors behind the chaos was the growing number of judges who do not follow the Law Clerk Hiring Plan (hereinafter “the Plan”). Of course, the Plan is entirely voluntary, as certain judges like to emphasize. But following it — at least by a critical mass of judges, especially feeder judges on the Second Circuit and the D.C. Circuit — can provide some measure of order to an otherwise shambolic process.
This year, look for the disorder to grow. At least two top law schools are not following the Plan….
Well, this is a fun day. Rick Santorum is taking his turn as the non-Romney Republican choice. Rick Santorum. Yeah, thatRick Santorum — the self-same Rick Santorum who thinks Griswold was wrongly decided and wants to ban birth control — is now the “real conservative” alternate to Mitt Romney.
Ladies and gentlemen, I present your 2012 Republican Party.
This morning, the Wall Street Journal took a closer look at Rick Santorum’s thoughts on the Constitution and the judiciary. For those who haven’t been following the stellar career of Santorum (last seen getting absolutely waxed out of his Pennsylvanian Senate seat), let’s give him a look-see…
* If the mainstream media is afraid of speaking out against the TSA, it’s only because they’ve gotten used to simply regurgitating the spin fed to them by their precious government sources. [Popehat]
Congrats to Ronan Farrow and all the other members of the Forbes 30 Under 30 list.
* If this is what Forbes is publishing for its “30 Under 30 in Law & Policy,” then Above the Law should publish “20 Legal Leaders Under 20.” Look, here’s a college freshman who takes color-coded notes, keeps an extra raised hand in her purse, and has no womb — she’s a future SCOTUS justice! [Forbes]
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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