Winston Churchill once said, “If Hitler invaded hell I would make at least a favourable reference to the devil in the House of Commons.”
This quote springs to mind when confronted with the ongoing legal tussle over the “revenge porn” site Pinkmeth.com. As vile as that business may be, the intrepid attorney battling to shut it down has an ally with a reprehensible past of his own — like fronting an organization recognized by the Southern Poverty Law Center as a bona fide hate group. It’s a legal conflagration that makes you want to cast a pox on both houses and curl up in the fetal position and pray for humanity.
But in the wake of the latest lawsuit filing, the two sides took to Twitter to lower the debate with public sniping.
Just like that, it’s the rest of us that win….
UPDATE (7/10/14 4:37 p.m.): The attorney involved in this suit, Jason Lee Van Dyke, has drafted a response to my post, which you can read on page 3. If you’ve already read this post, you can jump directly to page 3 here.
A recent study conducted by Maya Sen, a political scientist at the University of Rochester, and Adam Glynn, a government professor at Harvard, shows that judges who have at least one female child may be more likely to rule in favor of women in certain types of cases. The report “Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women’s Issues?” finds that having at least one daughter corresponds to a 7 percent increase in the proportion of cases in which a judge will vote in a feminist direction. The study further finds that having one daughter as opposed to one son is linked to a 16 percent increase in the proportion of “gender-related cases decided in a feminist direction.” The study found the “daughter effect” was more dramatic in judges appointed by Republican presidents than in those appointed by Democrats.
Sen told the New York Times in a recent interview, “By having at least one daughter, judges learn what it’s like to be a woman, perhaps a young woman, who might have to deal with issues like equity in terms of pay, university admissions or taking care of children.” Sen and Glynn consider other causal explanations for their findings, but conclude that learning is the mechanism at play. For example, they rule out the possibility that parents of daughters feel compelled to rule in ways that would protect their female children Sen and Glynn saw an effect only in gender-related civil cases, not a conservative shift among gender-related criminal cases like sexual assault.
The problem with the study is not that the data are wrong. The problem is that too often those who use data like these mean to either exempt the judgments from moral consequence altogether or to praise particular judicial motivations that they happen to like. In the first instance, they justify legal realism with data, omitting any reflection on whether the observed effects can or should be minimized. They gloss over too the overwhelming number of cases that are decided by mundane, less-subjective methods. In the second variation, they celebrate the phenomenon as “empathy” with some results, while condemning it as “bias” in others . . . .
University of Denver law professor Nancy Leong continues her quest to make the internet safe for female law professors who engage in questionable scholarship. When last we heard from Leong, she was getting called out by Paul Campos for “research” that involved putting up white versus Asian profiles on Ashley Madison.
But Leong is better known for her ongoing dispute with online commenter “dybbuk.” Dybbuk made a number of nasty, racist, and sexist comments about Leong. Leong says that the comments have made her fear for her safety. She’s figured out who Dybbuk really is and is now asking his state bar to launch an ethics inquiry into his online behavior.
If you don’t like people trying to make your life awful, you shouldn’t talk on the internet. I think that rule applies equally to Leong and Dybbuk…
[W]hat I found most interesting was that their lives were often far more complex than they had predicted. Even the greatest of expectations, it seems, eventually encounter reality.
– Florence Martin-Kessler, a journalist and documentary filmmaker, offering commentary on the lives of 21 women who were interviewed by New York Times Magazine 12 years ago. At the time, they were fresh out of law school, incredibly idealistic, and about to begin careers at Debevoise & Plimpton, where they planned to conquer the world. Today, “only a handful” of them are still with the firm.
We’ve just entered August, so you know what that means: the start of on-campus interviewing season. If you’re a law student researching firms or a lawyer involved in your firm’s recruiting efforts, check out Above the Law’s law firm directory, where law firms get letter grades in different categories. Law firms might look alike on the surface, but there are very real differences between them, as our grading system reflects.
For example, law firms diverge when it comes to diversity. While every firm gives lip service to diversity, some firms have the goods to back up their claims, while others do not.
Let’s check out the latest diversity rankings, from two different news outlets, to see which firms are truly diverse….
My expertise to address this topic may not be clear. For truth be told, I am ill-equipped to break out in song. My grade school music teacher labeled me a sparrow, not a robin, and instructed me to just mouth the words. Still, in my dreams I can be a great diva.
Friendly reminder: Mother’s Day is this Sunday. If you haven’t done so already, you should buy your cards or gifts — and make your brunch reservations — NOW.
In honor of this occasion, we bring you an interview with a working mother whose professional journey is nothing short of remarkable. She went from working as a law firm switchboard operator to becoming the first woman partner of Cravath, Swaine & Moore….
Mitt Romney’s unfortunate comment at the most recent presidential debate, in which he boasted about receiving “binders full of women” while trying to build a diverse cabinet as Governor or Massachusetts, has become a wildly popular internet meme. If you’re looking for some good laughs, check out this Tumblr or this slideshow.
Happily, there’s a Biglaw connection to all of this. At which leading law firm can you assemble your own “binder full of women”?
I recently met a young-ish female in-house counsel. She was a Biglaw refugee, married with an eye to starting a family, who had jumped at the chance to go in-house rather than submit to the particular pleasures of the partnership push. We got to talking, and while my instinct told me to go into sell mode, I decided to play things more coolly. A lot of active listening on my part ensued, as I was subjected to various and sundry complaints about life as a female Biglaw associate, followed by a discourse on how much better in-house life was. I kept the conversation light, injecting some shots at Biglaw (these met with laughter and approval), while letting her do most of the talking. I was consciously avoiding acting like a Biglaw partner, or showing any interest in her because of her status as potential client.
Things became interesting when she started discussing her dissatisfaction with her current outside counsel. Various and sundry became a litany, as she complained about the male partner’s inattention to her, the sloppy work of the female associate she was dealing with, and the size of the bills. Most importantly, she complained of feeling unappreciated by the Biglaw firm she was using — and suspected that the lawyers working for her actually hated her. She did not want to feel hated. I can’t blame her — nor would I be shocked if she switched firms in the near future.
We eventually parted ways, but like a good Biglaw partner, I followed up with an email and my contact info. The email differed from what I would send a male in-house counsel after an introductory meeting. My email to the in-house lawyer was much less formal, and was actually jokey — but I wanted to stick with what was apparently working in terms of getting her to open up to me. It worked, as she replied right away with a joke of her own, and warm acknowledgement of how it was good to meet. Looking good — until I decided to experiment with something….
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: email@example.com.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at firstname.lastname@example.org or email@example.com. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
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