Fisher v. University of Texas
The concept of “critical mass” highlights a weakness in most college admissions policies.
* The Insane Clown Posse is appealing their loss in the “Juggalos aren’t gang members” case. F**king lawsuits, how do they work? [Lowering the Bar]
* After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]
* Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]
* The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]
* “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]
* Maybe it’s time lawyers started looking out for each other. This is a theme we’ve touched on before. [Law and More]
* The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]
* CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]
* Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]
Bar exam results from around the country are beginning to trickle in and the results are far from encouraging. The results from July 2014 were the lowest in recent memory, but many had hoped that the drop would prove to be only an aberration. This does not appear to be the case.
So now the real question is: How much longer will law students continue to stick with the major bar review companies that can’t seem to get them to pass?
My this was a busy week. Here’s a list of the big-ticket stories that struck my fancy this week.
Anthony Kennedy, Antonin Scalia, Clarence Thomas, Elena Kagan, Federal Judges, John Roberts, Politics, Reader Polls, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Sonia Sotomayor, Stephen Breyer, Supreme Court
How will history look upon the nine current members of the Supreme Court? And who is your favorite justice?
The Supreme Court just handed down its opinion in Fisher v. University of Texas at Austin, a landmark affirmative action case. What did the Court rule?
* Today is most likely going to be a banner decision day for the Supreme Court, so in wild anticipation, SCOTUS expert Nina Totenberg was on call to answer some need-to-know questions for the people about the innermost workings of the Court. [NPR]
* One of the opinions we hope will drop at the Supreme Court today is that of the Fisher v. Texas affirmative action case. If you want some hints on how the three justices who attended Princeton (not counting Kagan) might rule, check this out. [Daily Princetonian]
* Justice Samuel Alito is out in Texas where he threw the first pitch — “a bit wide of the plate” — in last night’s Rangers game. Will SCOTUS unleash anything important in his absence? [Washington Post]
* Meanwhile, while we eagerly await decisions in the gay marriage cases next week, consider for a moment the possibility that this is all just but a gigantic train wreck waiting to happen. [New Republic]
* Things are heating up in North Dakota where the battle over abortion regulations continues to rage on. What a shame, especially since we supposedly took care of this stuff in the early 70s. [ABC News]
* “If this is what these women signed up for, who is anybody to tell them differently?” Two pimps were acquitted of sex trafficking after prostitutes testified on their behalf. [Thomson Reuters News & Insight]
* Crafty trial tactics out of C-Town. A Cuyahoga County prosecutor was fired after he admitted to posing as a woman in a Facebook chat with an accused killer’s alibi witnesses in an attempt to persuade them to change their testimony. [Cleveland Plain Dealer]
* If you post on Facebook asking your employer to fire you, you can’t get mad when they, you know, fire you. [IT-Lex]
* Yeah. Where the hell is Fisher? [PrawfsBlawg]
* It’s a week late, but congratulations to whatever genius is behind UChiLawGo on graduating. [UChiLawGo]
* Once again, you can’t pay your bill with pennies just to get revenge. [Legal Juice]
* Some tips on turning your basketcaseness into eustress, which apparently means “good stress.” [Associate’s Mind]
* New York eyes raising the retirement age for judges to 80. [New York Times]
We at Kinney are running the search for a fantastic in-house opening in Singapore, at the leading and largest tech company in Southeast Asia. The spot will be filled by a US associate with at least three years experience in M&A, from a top Wall Street or equivalent US firm. Compensation will be competitive with what the new hire is earning at their top tier law firm.
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]
* Amanda Knox is free, but could be retried. Can’t wait to see her Craigslist roommate ad. [New York Times] * The budget deal still screws over the courts. [National Law Journal] * You know, in 20 years, Republicans are going to be telling us that the federal government’s pot taxes are too high. [Washington […]
Affirmative Action, Bankruptcy, Biglaw, Brobeck Phleger & Harrison, Heller Ehrman, Howrey LLP, Law Schools, LSAT, Morning Docket, SCOTUS, Sex, Sex Scandals, Supreme Court, Thelen Reid Brown Raysman & Steiner, Williams & Connolly
* 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]
* For the last time, going to law school isn’t the solution for having no idea what you want to do with your life after college. And you don’t need a JD/MBA, either. [Law Admissions Lowdown / U.S. News & World Report]
* 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]
Continuing coverage of the two Berkeley law students accused of beheading an exotic bird — including comment from Boalt Hall’s dean, Christopher Edley, and the full Las Vegas police report, which has all sorts of interesting details.
* 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 Down syndrome child sitting in first class. If they win I think there are going to be able to afford a lot of first class flights in their 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]