Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!
* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]
* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]
* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]
* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]
* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]
* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]
* You know, in 20 years, Republicans are going to be telling us that the federal government’s pot taxes are too high. [Washington Post]
* DLA Piper might get in trouble from bragging about the size… of its bills. [Dealbook]
* Michele Bachmann is under investigation for being a demon spawn of the fifth circle from… oh, wait sorry, they’re just looking at her use of campaign funds. [ABC News]
* Is anybody else unreasonably excited to hear what offensive, homophobic remark Justice Scalia makes today? [National Review]
* With everybody looking at gays, I wonder if this will be the day for the Supreme Court to declare the end of racism against white people while doing nothing about racism against black people with a 5-3 (Kagan recusing) decision on Fisher. [SCOTUSblog]
* So, this BlackBerry thing doesn’t seem to be going very well. [Forbes]
* Who will represent General David Petraeus as he continues to battle the fallout from his scandalous affair with Paula Broadwell? None other than Williams & Connolly partner Robert Barnett, a lawyer for Washington, D.C.’s most elite. [Blog of Legal Times]
* Just in case you weren’t somehow aware, it costs quite a pretty penny to make bankrupt Biglaw firms go away. For example, more than 40 firms have paid off Brobeck, Coudert, Heller, Howrey, and Thelen with settlements of more than $35.5M. [Am Law Daily]
* Hostess and the striking Bakers’ Union have agreed to go to mediation to prevent the company’s wind down. Judge Drain should force feed them delicious Ding Dongs to make them see the error of their ways. [Wall Street Journal]
* “Even without a so-called affirmative-action ban, law schools aren’t doing great in terms of diversity.” That’s probably why admissions officers are so worried about the verdict in Fisher v. Texas. [National Law Journal]
* Sometimes, when people from LSAC deny you extra time on the LSAT, you sit back and deal with it. Other times, you sue their pants off because your dad is a power litigator — and then you settle. [New York Post]
Given the intense public interest, we will continue to cover this flap. Keep reading for Berkeley Law’s reaction to the charges, tidbits about Teixeira and Cuellar from people who know them, and details from the arrest report — including mention of a mysterious third man….
Is there anything more American than an argument at the Supreme Court about affirmative action?
It combines so many things unique to our country: an obsession with elite institutions (including both the Supreme Court and the University of Texas, one of our best public schools); passionate arguments about our nation’s long and complicated relationship with race; the relentless striving for success and attainment familiar to so many of us who want to be a named plaintiff in a Supreme Court case (or get into college, depending); and, of course, protests outside a government building.
My fellow lawyers, Alexis de Tocqueville was right — “[s]carcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.” Surely this form of American exceptionalism should be the most celebrated by the noble readers of Above the Law.
If there is any advantage to the way some in our nation attempt to affect the presence of minorities in elite colleges — through litigation rather than, say, appropriations — it’s that it leads to an awesome spectacle at One First Street NE.
* Dewey know whether Judge Martin Glenn approved this failed firm’s $71.5 million partner contribution plan? We certainly do, and D&L’s chief restructuring officer, Joff Mitchell of Zolfo Cooper, is simply “delighted” about it. [Wall Street Journal (sub. req.)]
* Bitch better have my money? The United States is suing Wells Fargo under the little known Financial Institutions Reform, Recover, and Enforcement Act for allegedly screwing it out of approximately eleventy billion dollars. [DealBook / New York Times]
* “Flat is the new up for the legal sector,” except in Cleveland, because law firms there have been on hiring sprees throughout 2012. But unfortunately, there is a down side — it’s Cleveland. [Cleveland Plain-Dealer]
* Diversity: no longer just an old wooden ship. Almost every law school-related amicus brief filed in Fisher v. University of Texas has backed the consideration of race in admissions decisions. [National Law Journal]
* There’s officially at least one benefit in attending Thomas M. Cooley Law — the school collects so much money from students that it’s able to attract big-name speakers, like ex-rocker Henry Rollins. [Michigan Live]
* Happy Blogiversary to… us. Above the Law turned six years old last week. In blog years, that’s like 100. I think we should put that on the masthead: Above the Law, Established circa 1912. In any event, thanks to all of our loyal readers who have been here from the beginning. Click on the link to take a look at how it all began. [Above the Law]
* Family claims they were kicked off a flight because the airline didn’t want their child with Down Syndrome sitting in first class. If they win, I think they are going to be able to afford a lot of first class flights in the future. [The Consumerist]
* Obama is going to have more judicial vacancies after his first term than he inherited from Bush. Part of the problem is that conservatives know how important the courts are and move to obstruct the President at every opportunity. Part of the problem is that progressives don’t seem to understand how important this issue is. [Boston Review]
* I hope many of you spent your Labor Day not feeling bad about having no paid labor. [The Onion]
* I do not rule out the possibility that the who pretend to be concerned that affirmative-action “hurts” minorities are the biggest goddamn hypocrites on the face of the Earth. [Accuracy in Academia]
* Don’t get me wrong, affirmative-action is so going down this upcoming term. There might be suitable alternatives in its place. I’m just finding it funny how some people are so outraged by this one program that allows colleges to “consider” race while developing their class. I can’t imagine how people would react if there was an inherent racial preference in American society for four hundred years. [SCOTUSblog]
We believe in offering a wide range of perspectives here at Above the Law. That’s one thing that’s nice about having four full-time writer/editors — myself, Elie, Staci Zaretsky, Chris Danzig — and about a dozen outside columnists.
Today we bring you a different viewpoint on the Baylor law admissions data. Prominent lawyer and blogger Ted Frank, previously profiled in these pages for his work in the class-action area, uses the same data to argue against affirmative action.
On Wednesday, we reported on Baylor Law School accidentally releasing personal academic information for its entire admitted class. It was a massive screw-up, and on Wednesday, we showed you the GPA and LSAT scores for Baylor’s admitted students (with the students’ names redacted, of course).
But there were other fields available in the accidentally released spreadsheet, including racial categorizations for each student and scholarship information. I didn’t include the race field earlier this week because, frankly, I didn’t want the entire news story (of the screw-up) to be overrun by a discussion about race and affirmative action.
But, look, I ain’t afraid of you people. Getting a complete racial breakdown of the class to go along with their grades and LSAT scores is a look inside the law school admissions process that we don’t often get to see.
So, let’s play our game. Looking at the Baylor numbers, you can see the affirmative action “bump” in LSAT scores, and to my eyes, it really shows how foolish the opponents of affirmative action really are….
* Wow. David Brock, head of the liberal watchdog group Media Matters, “paid a former domestic partner $850,000 after being threatened with damaging information involving the organization’s donors and the IRS,” according to allegations in a lawsuit. [Instapundit]
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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: email@example.com.
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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