Are porn stars’ rights deserving of strict scrutiny?
[W]hat I ask for is simple. I, like all other sex workers, want to be treated with dignity and respect. I want equal representation under the law and within societal institutions. I want people to acknowledge our humanity.
– Lauren A., a freshman at Duke University, defending her decision to perform in pornography to fund her education. In her personal manifesto, posted on xoJane, she rejects her categorization as a “bimbo” and a “whore,” and envisions a world in which sex workers will enjoy the equal protection of the laws.
* Airport security has forbidden joking about bombs and hijacking. Now TSA is cracking down on joking about TSA itself. In the interest of my next flight, “I love you, TSA!” [Daily Mail]
* A detailed analysis of the 14th Amendment’s role in the debt ceiling debate. President Obama should employ this solution now before the Supreme Court realizes there’s another part of the 14th Amendment they can overturn. [Main Street]
* Law school professors do not take kindly to your antics. [Law Prof Blog]
* The rules don’t apply to Yale or Harvard. Or at least the rules don’t apply to their law reviews. [Professor Bainbridge]
* Congress is still trying to decide how to regulate FM radio instead of looking at salient issues in modern copyright law. Given how brilliantly they keep the government open, maybe FM radio is the biggest issue we should give them right about now. [The Daily Caller]
* The lawyer as generalist is fading into obscurity. Let’s commemorate it in poetry, shall we? [Poetic Justice]
* A preview of some upcoming Supreme Court cases this week. Complete with cartoons! [The Spark File]
* Finally, here’s a little gem for Justice Ruth Bader Ginsburg fans that we got….
* “There are no magic bullets here.” Caught in a “trilemma,” President Obama is up against the wall and is running out of options. He soon might be forced to choose the least unconstitutional solution to the nation’s problems. [Bloomberg]
* During the government shutdown, it certainly wouldn’t be worth it for furloughed employees to hire lawyers to fight their “essential” versus “non-essential” determinations — please, like they’ll be able to afford legal representation right now. [National Law Journal]
* It seems some partners at both Dentons and McKenna Long & Aldridge aren’t fans of a possible tie-up, so they’re heading for the hills as fast as they can. Perhaps it simply wasn’t meant to be? [Am Law Daily]
* It’s time for our favorite show, As the Weil Turns! Partners from various offices are departing for other Biglaw firms, and we can now confirm that Steven Peck is a new face at Proskauer. [Law360 (sub. req.)]
* We told you last week that Matthew Martens of Fabulous Fab fame would be leaving the SEC, but now we know where he’s landing. Congrats on your new home at WilmerHale. [WSJ Law Blog (sub. req.)]
* Ohio is the latest state to offer “hazy” abortion restrictions that skirt the very edge of Supreme Court jurisprudence in order to make women feel guilty about their own right to choose. [New York Times]
* “Without makeup she looks like the Joker in Batman.” Joan Rivers is locked in a $15 million condo catfight with a Canadian socialite who isn’t afraid to pull punches. Meow! [New York Daily News]
[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.
They’re wearing a ridiculous piece of fashion because they do not care about your opinion. Remember Gordon Gee? Bill Nye? Donald Duck?
And this universal truism was reaffirmed when the 93-year-old former justice took the stage before a giant gathering of liberal lawyers, jurists, academics, and law students, and patiently told them how wrong they are about DNA and the Fourth Amendment.
This is what happens when you invite Republicans to speak…
* Let me just say that societies that fully utilize the talents of women have an inherent advantage over the ones that don’t. With one rules change, we now have twice as many potential combat soldiers. Glory. [Daily Beast]
* A “Good Samaritan” gun owner defended a little boy from pit bulls by shooting at the dogs who were mauling the little boy. Look, as a dad, can I just say that if you see some pit bulls attacking my son, please help… by running at the pit bulls and saying, “Git, git away from that boy,” not by shooting a freaking hand cannon towards my child! [Cato @ Liberty / Cato Institute]
* Okay, who has standing to sue for a violation of the 27th Amendment? Who? I want this to happen. Come on, constitutional scholars. Make it happen. Let’s see who really cares about “all” the amendments, not just the ones that allow people to shoot each other. [The Note / ABC News]
* I’m flying this weekend for the first time in over a year (it couldn’t be avoided). I’ll need to brush up on what rights I still retain during air travel. As long as I acknowledge TSA’s droit du seigneur to my wife, I’m allowed to carry an unopened water bottle on board, right? [Legal Blog Watch]
* Lat imagined a future legal career for Casey Anthony that starts with a Anthony getting a GED (before clerking on the Supreme Court and becoming a law partner of Jose Baez). But doesn’t Hustler seem like something more in her wheelhouse? [Gawker]
* Have we done irreparable damage to our credit rating, unless we can prove we have a legal “fail-safe” in case a vocal Tea Party minority hijacks the entire freaking nation again? [Blackbook Legal]
As Republicans continue to play chicken with the nation’s solvency, the idea that the president doesn’t need congressional approval to raise the debt ceiling is gaining traction. The thought bubble suggests that President Obama can raise the debt ceiling because of language in the Fourteenth Amendment stating that the nation’s debt “shall not be questioned.”
The idea has been trumpeted by none other than former president Bill Clinton. Clinton said that he would unilaterally raise the debt ceiling and “force the courts to stop me.”
Of course, President Clinton had what the scientists call “balls.” He knew how to handle a group of intractable Republicans more concerned with scoring political points than governing.
President Obama? The New York Times has his response: “I have talked to my lawyers. They are not persuaded that that is a winning argument.”
Can Aaron Sorkin please write a “Let Obama Be Obama” episode? Because sometimes Barack Obama really likes to dangle his feet in the water of whatever the hell it is he dangles his feet in, when he wants to make it look like he’s trying without pissing too many people off.
In any event, is invoking Section 4 of the Fourteenth Amendment a “winning” argument that could solve this debt crisis?
I’m not a constitutional scholar, and I didn’t stay at a Holiday Inn last night. But I really struggle to find the ambiguity in this line from the Fourteenth Amendment: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
That statement seems very, very clear to me.
Of course, I’m not an unabashed racist. Maybe if I was I’d be able to be as intellectually dishonest and willfully ignorant as State Legislators for Legal Immigration, and have the gall to argue that this section of the 14th Amendment has been misinterpreted for 150 years.
Actually, check that. Even if I woke up in the middle of the night terrified that dirty foreigners were stealing my country, I’d grab a shovel and start digging a moat around this country before I fixed my mouth to argue utter tripe like what we’re hearing from the State Legislators for Legal Immigration.
In a world full of spurious legal arguments, theirs is truly one of the stupidest things you’re ever going to hear…
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.