It’s spring, and lovers everywhere are flocking to the altar (or huppah, etc.). Not even the federal judiciary is immune to wedding fever! Last month, Lat wrote about the marriage epidemic breaking out among Seventh Circuit judges. (Note the multiple updates added to the story after publication, which contain details about the two new judicial spouses and the one judicial fiancée.)
We’ll pray nightly for the Easterbrook wedding be featured in the Times, but meanwhile, let’s get caught up on a few of the notable weddings from the chillier months. Here are a few that caught our eye:
* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy]
* Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar]
* Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal]
* The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex]
* Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions]
* Chief Judge Easterbrook allows a $25K student-loan discharge for a “destitute” paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal]
* Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter]
No, not to each other. In the states covered by the Seventh Circuit, marriage is still between one man and one woman — at least for now.
(By the way, there is precedent for judges from the same circuit court marrying each other. Back in 2004, then-Chief Judge Carolyn Dineen King and Judge Thomas M. Reavley, both of the Fifth Circuit, tied the knot.)
So yes, judges get married, just like us. But it’s noteworthy to have so many judicial nuptials in such a short span of time.
Two Seventh Circuit judges just got married, and a third — one who I never expected to get married — is engaged. Who are the jurists in question?
Please note the multiple UPDATES added after the jump.
The rejection letter is a lost art. Heck, in this day and age, most “rejection letters” are simply the cold silence of an empty inbox. That’s how I roll. It’s so much easier to just not respond to a request than to go through the whole, “Thank you for your interest in replacing Elie at Above the Law. Unfortunately, I’m not dead yet.”
Nowadays, you have to feel lucky to even receive a perfunctory rejection letter. Whether it’s “the position has been filled” or “we’ll keep your résumé on file” or “you should have included a picture of your breasts,” few people bother to let applicants know even fake reasons for why they didn’t get hired.
Apparently, the only people who still take the time to send meaningful rejection letters are federal judges. Over the past few weeks, tipsters have sent in a few from judges that at least try to give rejected applicants some sense of what happened.
Maybe we shouldn’t be surprised about our judiciary’s attention to such details. After all, we’re talking about people who will write long-ass arguments about issues even when their analysis has been “rejected”….
As Brian Tannebaum wrote earlier today, many lawyers (and their cases) live and die by the ticking of the clock. Any attorney — or anyone who’s ever talked with an attorney — has heard about late nights struggling to file a brief by deadline.
So what happens when a litigant files a motion for appeal at 3 a.m. instead of the 12 a.m. deadline, and the judge allows the late filing anyway, then dismisses it on the merits… leading to yet another appeal?
In our Benchslap of the Day, Judge Frank Easterbrook writes, “it does not take a reference to Cinderella to show that midnight marks the end of one day and the start of another.” But maybe the plaintiff in the case does need to remember that he turns into a pumpkin at midnight, not 3 a.m….
At a breakfast last week, the Seventh Circuit Bar Association learned the true meaning of going “from the sublime to the ridiculous”: As Judge Frank Easterbrook took his seat, I approached the lectern.
I won’t burden you with the subject of my remarks (regular readers of this column could probably guess), but I’ll share the sublime. Judge Easterbrook said one thing, and he failed to mention another topic that he often raises.
Judge Easterbrook explained that, as a young lawyer, he had sent a brief to the Third Circuit for filing. The clerk rejected the brief and mailed it back. Easterbrook called, and the clerk’s office explained that it had rejected the brief because the back cover was the wrong shade of blue — a shade specified by an unwritten local rule. Easterbrook asked if there were any other unwritten rules, and the clerk said he wasn’t sure. Easterbrook mailed a revised version of the brief, which the clerk’s office again rejected — this time for violating a different unwritten local rule. On the third try, the clerk’s office finally accepted the brief. Easterbrook swore that, if he were ever the chief judge of a circuit, all of the rules would be in writing. Easterbrook then told the assembled crowd that (1) the Seventh Circuit’s written rules are fairly comprehensive and (2) the clerk’s office is extremely helpful if you call for advice, so there’s no longer an excuse for not complying with appellate local rules.
Judge Easterbrook last week chose not to discuss a different subject. One of the other folks who attended the breakfast meeting told me that the judge often raises this in his talks . . .
Lately the Seventh Circuit has been laying down its pimp hand. Last Friday, for example, Chief Judge Frank Easterbrook declared one Bridget Boyle-Saxton, who allegedly blew deadlines and ignored multiple orders to show cause, “unfit to practice law in this court.” Ouch.
Now, snobs might think, “Sure, Boyle-Saxton might be a well-known Milwaukee lawyer — but she works at a small law firm, apparently with two relatives of hers. What can you expect from such an outfit? This is why people hire the large white-shoe law firms. You pay through the nose, but you expect (and receive) perfection.”
If that’s your attitude, think again. Biglaw just got a big benchslap — from none other than Chief Judge Easterbrook.
Which firm incurred His Honor’s wrath, and for what alleged infraction?
Here’s my thesis: We create rules to hedge against ineptitude, and we thus institutionalize mediocrity.
Here are the examples. First, someone — the Administrative Office of the Courts? God? — creates rules to hedge against incomprehensible judicial opinions, and we thus discourage judges from writing exceptional opinions.
When new federal appellate judges attend what is affectionately called “baby judges’ school,” the judges are told how to write opinions. An opinion should have five parts, the judges are told: An introduction (which does not have to be preceded by a separate heading); a statement of facts; the standard of review; the legal discussion; and a conclusion.
Do we impose these rules because every judicial idea is best expressed in this format? Of course not. These rules impose a basic organizational structure on decisions, so that even the worst appellate decisions will be marginally comprehensible. The rules hedge against ineptitude.
Most judges follow the rules, and society generally benefits; we understand most of what’s written. I suspect that many judges who would be capable of writing better opinions if they were not bound by the rules nonetheless choose to constrain themselves, opting to do as instructed. Society may suffer in those situations, because the opinions are not as well-crafted as they might otherwise be.
A few judges ignore the rules. Whatever your politics, for example, you probably agree that Judge Frank Easterbrook often writes great opinions; he regularly ignores the mandatory structure. (This isn’t a high crime or misdemeanor, so he’s safe.) We don’t complain when Judge Easterbrook strikes out on his own, because readers understand what he’s saying and often delight in how he expresses himself.
On the other hand, if Judge Nobody were to strike out on his own, the law might become a muddle. We try to control that judge by imposing a structure. Bureaucratic rules discourage greatness, but they hedge against ineptitude.
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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: asia@kinneyrecruiting.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.
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It’s spring, and lovers everywhere are flocking to the altar (or huppah, etc.). Not even the federal judiciary is immune to wedding fever! Last month, Lat wrote about the marriage epidemic breaking out among Seventh Circuit judges. (Note the multiple updates added to the story after publication, which contain details about the two new judicial spouses and the one judicial fiancée.)
