When a top cop is mildly inconvenienced, threats of prosecution aren’t far behind.
With its critical impact on the world economy and global trade, privacy legislation in Asia has been extremely active in the last several years. A recently released report, Privacy Laws in Asia, written by Cynthia Rich of Morrison & Foerster LLP for Bloomberg BNA, analyzes commonalities and differences in the privacy and data security requirements in countries including Australia, India, Hong Kong and more.
This report gives you at-a-glance access to a side-by-side chart comparing four key compliance areas, a country-by-country review of the differences and special characteristics in the law, and explanations of the common elements of the privacy laws in 11 jurisdictions.
Columnist Tamara Tabo takes a look at an interesting controversy rocking a prominent liberal-arts college.
If there isn’t a “true threat” of violence, what do you consider the “true threat” of these students’ rants? In other words, does the punishment fit the crime?
Was the SAE lynching song a true threat?
* As we mentioned, U.S. News is giving law schools less credit for hiring their own grads. Rumor has it that a few schools would’ve done better in the rankings but for their high percentage of school-funded jobs. Which ones? [WSJ Law Blog]
* Two students in the Sigma Alpha Epsilon fraternity from Oklahoma University were expelled after a video of their racist chanting was leaked online. Lawyers want to know: was their expulsion a First Amendment violation? [Volokh Conspiracy / Washington Post]
* UC Irvine Law debuted on the 2016 U.S. News law school rankings at No. 30, missing Dean Erwin Chemerinsky’s goal of starting out as a Top 20 school. Not to worry, Dean, there are still ways to game the rankings. Keep your head up! [National Law Journal]
* Don’t bother delaying your law school education just because the economy’s bad. The professors who told us that a law degree is worth $1 million think that its value will only drop by about $30K in times when unemployment is high. Yeah, okay. [ABA Journal]
* The grisly murder of DLA Piper associate David Messerschmitt, who was found stabbed to death in a Washington, D.C., hotel, remains unsolved. Police are still searching for the “person of interest” who was seen on video from the hotel’s security camera. [Legal Times]
* Analyzing the Supreme Court on style over substance. Probably for the best because the substance has been pretty shoddy for a lot of the last few years. [SCOTUSblog]
* “Constitutional oriented” judge has some issues with the First Amendment. I guess he’s a “pre-Amendment Originalist.” [Popehat]
* Lawyers should find a niche in connected devices. It’s true. But since the partners I used to work with still printed out all their emails, good luck with that. [Law and More]
* The psychic toll of bankruptcy work. [The Docket]
* Ninth Circuit overrules lower court, holding that an arbitrator is not inherently plaintiff-biased because he or she has participated in litigation financing. [LFC 360]
* Congratulations to Loretta Lynch, who cleared a divided Senate Judiciary yesterday. And now secret Kenyan Muslim Barack Obama is one step closer to whatever conservatives think he’s planning in their fever dreams. [National Law Journal]
* Police made an arrest in the bizarre hatchet attack upon a lawyer in Massachusetts. The motive, according to authorities, stemmed from the lawyer representing one of the suspect’s family members in probate court. [The Patriot Ledger]
* Nice rundown from Elizabeth Wydra of the Constitutional Accountability Center: 5 myths about King v. Burwell. [Washington Post]
* Prosecutors lodge a number of additional charges against Supreme Court protestors because there’s a surprisingly high number of distinct federal crimes for “standing up and chanting in protest.” [Legal Times]
The prosecution of a prominent activist and journalist raises very real and serious First Amendment concerns.
It has long been the case in Hong Kong that most UK law firms and a very small minority of US law firms have three month notice periods for their US associates built into their employment contracts. But until about 18 months ago it was not common for any firm to enforce a three month notice period when a US associate left solo[…]
* A representative for Amal and George Clooney has denied the rumors of an impending divorce plastered all over the newsstands this week. “This story is totally made up in order to sell their magazines.” Now we can go back to wondering when Amal is planning to sue President Obama. [Aceshowbiz]
* Roe v. Wade is 42 years old (or 126 trimesters) today. How much of the original holding is left? Not that much actually. [TBT Legal]
* Some 1st or 2nd year in D.C. is banging another associate and felt obliged to give us an anonymous blow-by-blow account. Think of it as a Penthouse Letter to the ABA Journal. [Reddit]
* Speaking of Penthouse, the affidavit from the Prince Andrew/Alan Dershowitz sex scandal is just bats**t amazeballs. Check out the full document on the next page. [South Florida Lawyers]
* “Jews in the U.K. never won a reported discrimination case against non-Jewish defendants.” I mean, who’d have thought the country that brought us The Merchant of Venice would have issues with Jews? [Tablet]
* Americans decry European laws prohibiting certain kinds of hate speech. But Professor Faisal Kutty explains that liberal societies have their own secular sacred cows even if they don’t want to admit it. [Al Jazeera]
* If you presume the clientele for litigation financing services are helpless, you’re selling them short. [LFC 360]
* The latest threat to unsuspecting Americans: zombie debt! [Public Justice]
* NYU admits it probably should have told the police when a student allegedly lit a classmate on fire and videotaped it. Ugh. NYU’s gone soft. In my day, we set each other on fire all the time and we liked it dammit! [Chronicle of Higher Education]
* From the “Why the hell didn’t you settle this?” file: Now that Alexandra Marchuk’s case against Faruqi & Faruqi and Juan Monteverde has gone to trial, it seems the firm is getting all sorts of publicity — mostly negative. [New York Post]
* Supreme Court justices are really just like us… they show up late to work, too. Because Justice Antonin Scalia was stuck in traffic this morning, Chief Justice John Roberts had to summarize two of Scalia’s opinions from the bench. Oops! [NPR]
* Speaking of Justice Scalia, the Supreme jurist managed to sneak in a citation to Jane Austen’s Pride and Prejudice in his opinion in Whitfield v. United States to show the common usage of the word “accompany.” [Volokh Conspiracy / Washington Post]
* Remember Dennis Doyle, the lawyer who lost his job and dropped $25K to see every single Knicks game this season? He said this of his tragic endeavor: “I can’t shut it down. I’m in too deep. … I’ll see it through—if it doesn’t kill me first.” [Bleacher Report]
* An Idaho prosecutor is having regrets over the fact that he chose to issue an arrest warrant for a 9-year-old boy on gum-stealing charges, calling it “a mistake under the circumstances.” That kid must be the coolest on the playground. [ABA Journal]
* “Trying to suppress [the value of parody] with violence is a fool’s errand.” In the wake of the horror of the Charlie Hebdo shootings, it’s worth recognizing that here in the U.S., we owe much to rappers who have capitalized on free speech. [LinkedIn]
* With fewer and fewer students applying to law school, acceptance rates have skyrocketed. Some, like GW Law, have even been accused of “laundering [their] credentials” by padding their enrollment numbers with transfers. [GW Hatchet]
* “People don’t graduate from law school understanding the business of law.” That’s just one of the reasons recent grads are having such a tough time getting jobs as associates. Suffolk Law thinks it can help change that. [Boston Business Journal]
* “This is an example of the system working as intended”: Hundreds of thousands of dollars are due to successful plaintiffs in same-sex marriage cases, and millions of dollars in attorneys’ fees for that work is racking up interest. [National Law Journal]
* James Risen, the New York Times reporter who refused to out his source as part of a CIA investigation, has won the right to keep his journalistic integrity intact after a long legal battle. Prosecutors have officially dropped him as a witness. [Bloomberg]
* After much talk about partners heading for the exits before, during, and after the Patton Boggs and Squire Sanders merger, and Bob Luskin has finally left the building for Paul Hastings. We hope his parting wasn’t “painful” for him. [WSJ Law Blog]
* Ted Cruz Goes To Jury Duty is the Ernest Goes To Camp of a new generation. [NBC News]
* Former Judge Mike Maggio has graced our pages with his disgrace before when he admitted to making racist and sexist remarks about Charlize Theron’s adoption. Well, he just pleaded guilty to federal bribery charges. Looks like he’ll Geaux to prison. [Arkansas Times]
* Faced with allegations that it discriminated against a trans woman, Saks takes the curious legal stance that it had the legal right to discriminate. I’d say that takes balls, but… [Slate]
* A hearing board in Illinois just recommended a one-year suspension of former Sidley Austin and present DLA Piper attorney Lee Smolen. Maybe he could spend that time with his kids. [Legal Profession Blog]
* Fourth Circuit rules that you can’t set up unconstitutional barriers to abortion. Nothing to do with the woman’s rights of course, but because it might impact the doctor’s free speech. [Dorf on Law]
* Fired for wife-swapping. [Lowering the Bar]
* Technology and outsourcing have totally jacked the careers of Biglaw associates. You already knew this, but now there’s a paper! [TaxProf Blog]
It’s one thing for Oklahoma lawmakers to be stupid, but must they also be dangerous?
* “I guess if I had to change one thing, it would have been to go to law school after college. But I didn’t know what I wanted to be when I grew up until I actually grew up, and by then it was a little too late for those goals.” [XX Factor / Slate]
* Speaking of Charlie Hebdo, Professor Ann Althouse isn’t a fan of slobbery kisses. [Althouse]
Ed. note: Above the Law will be dark on Thanksgiving and on a reduced publishing schedule on Friday, November 28, while we recover from turkey-induced comas.
* Holy backfire Batman! Florida desperately wanted to display a nativity scene in the State Capitol because it’s more important than making real laws. Now they’re probably going to be forced to display a scene from the Satanic Temple. [Slate]
* Researchers assert that college prestige has no bearing on the quality of the teaching. Would this carry over to law schools? [TaxProf Blog]
* The National Bar Association, representing predominantly African-American attorneys and judges, has issued a response to the grand jury’s decision in the Michael Brown shooting. [The National Bar Association]
* Speaking of Ferguson, apparently the investigator listed Darren Wilson as the “victim.” If you needed any more evidence of the power of semantics. [Lowering the Bar]
* The CATO Institute talks about the First Amendment and One, Inc. v. Olesen. It’s an hour-and-a-half panel discussion. Pretty impressive for a 24-word (plus one citation) decision. [C-SPAN]
* Is it a lie? Well, that depends on what your definition of “lie” is? [Dorf on Law]
* Are over the knee boots appropriate office attire? [Corporette]
* 8 women who left the law to follow their passions. [One 400]