* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]
* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]
* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]
* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]
U.S. Attorney Preet Bharara
* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]
* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]
* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]
Justice Ginsburg: a full-service wedding provider.
Ed. note: We’ll return to our normal publication schedule on Monday, December 2. We hope to see you at our holiday happy hour on Thursday, December 5 — for details and to RSVP (to this free event with an open bar), click here.
Ed. note: Happy Thanksgiving! We will resume our normal publication schedule on Monday, December 2. We hope you have a wonderful holiday, and we thank you for your readership.
* O.J. Simpson is going to be staying in prison longer. The search for the real killers suffers another setback. [Fox News]
* Sriracha-gate continues. A federal judge has ordered a partial shutdown of the plant. [Slate]
* Lawyers are destroying American society. Because the Romans also had a glut of law school grads when the Republic fell. Or something. [Bloomberg BusinessWeek]
* A federal government lawyer who mastered the stock market and lived a frugal life has given some $56 million to the University of Washington School of Law. Go ahead and hold your breath for that Washington tuition decrease. [Seattle Times]
* UNC professors are questioning the motives of a public records request targeting the new director of the law school poverty center. Which isn’t naked intimidation at all. [Chronicle of Higher Education]
* A couple weeks ago Professors Alan Dershowitz and Sanford Levinson debated Professor Eugene Volokh and David Kopel. The former argued that the Second Amendment has outlived its usefulness. Based on minds changed, they won. The debate video is embedded past the jump… [Intelligence2 Debates]
A tried and true trope of conservatives faced with the grim outcomes of their cockamamie schemes is to attempt to shame everyone into ignoring the human cost of their policies — ironically — out of respect for the people hurt. Something horrible happened, but it’s unseemly to try to explore why it happened, just sit back and let the moment pass and enjoy some bread and circuses until you forget.
We’ve seen it countless times before. It’s rhetorical standard operating procedure. After Sandy Hook, the usual suspects from Senator Rand Paul to the Washington Times decried the “cruel” and “shameful” “exploitation” involved in pointing out that putting military assault rifles on the street makes it easy for someone to kill a lot of kids very quickly. The tactic worked as it always does and time passed, people forgot, and nothing happened. It was only a week ago that Senator Ted Cruz suggested it was disrespectful of Trayvon Martin’s mother to lobby for changes based on her son’s death. I guess it was disrespectful to… Cruz? One would have thought his mom would be the right barometer of how to honor her son.
Now this trope is the subject of Tamara Tabo’s criticism of my article yesterday regarding the recent shooting of Renisha McBride because I noted the uptick in the “shoot first” culture brought on by Stand Your Ground laws (regardless of the fact that the law isn’t technically at play here).
Let’s unpack this and also look at some other misdirection being flung my way, shall we?
As Joe wrote yesterday, a 19-year-old Detroit woman named Renisha McBride was fatally shot last weekend on the porch of a Dearborn Heights home. Her death has received national media attention because of the speculation that, as Joe put it, it follows “the same basic pattern of an African-American in a predominantly white neighborhood at night running afoul of a gun-toting homeowner.”
The family members of Renisha McBride issued a press statement last night asking for peace while they mourn and promising to meet with activist groups after Renisha’s funeral. The funeral is scheduled for today at 10 a.m.
Authorities have slowly released details related to the young woman’s death. Some of these details match the statements made by Renisha’s family. Some do not.
Before leapfrogging over the specifics of Renisha’s case and launching a politically motivated rant, let’s look at what we do and don’t know about the tragedy that occurred on that Dearborn Heights porch. If Renisha McBride is more than a political prop, she deserves at least that much . . . .
* A proposal to raise the retirement age for judges in New York was crushed by voters, but Chief Judge Jonathan Lippman has vowed to continue fighting the requirement — just like a stubborn old man. [New York Law Journal]
* Which law schools have the highest percentage of graduates working as corporate directors or executive officers of companies? You might be surprised by some of the results. Or you might not. [National Law Journal]
* Dean Lawrence Mitchell of Case Western Reserve Law wants parts of the retaliation suit that’s been filed against him tossed for being “scandalous” and “salacious.” But those are the best parts. [Cleveland Plain Dealer]
* Thanks to a $25 million donation from an alumnus and his wife, Yale Law School is going to be getting dormitories for law students in the very near future. The thought of all of those coed nerdgasms between future SCOTUS clerks is a thing of beauty. [Fox News]
* Clark Calvin Griffith, the former adjunct professor at William Mitchell Law, has been suspended from practicing law for 90 days after exposing his penis to a law student. Stiff punishment. [Pioneer Press]
* If you were thinking of giving away guns on Facebook, then you should think again. The only way to stop a bad guy with a gun on the internet is with slideshows of the 572 best kitty cat gifs. [Corporate Counsel]
* A police officer in Arkansas ordered a woman to flash him her boobs while she was at work, and when she refused, he allegedly Tasered her repeatedly. She’s obviously suing now. [New York Daily News]
So it’s happened again. Another state, another neighborhood, another young black person shot to death by someone based on a loose, subjective “fear.” This time it’s Michigan, and it’s a young woman instead of a teenage boy, but otherwise it’s the same basic pattern of an African-American in a predominately white neighborhood at night running afoul of a gun-toting homeowner.
There will be a lot of wailing and gnashing of teeth over the prevalence of “Stand Your Ground” laws (which Michigan boasts), followed by the equal and opposite reaction loudly pointing out that Stand Your Ground doesn’t apply to this particular case (which it doesn’t).
However, while what happened in Michigan may not invoke the state’s Stand Your Ground law, the existence and high-profile nature of laws that lower the standard for legally forgivable gunplay has everything to do with what happened in Michigan…
The United States stands alone in its permissive laws regarding gun ownership among major industrialized powers. But the United States is also one of the most heterogeneous countries on the planet. Are those two factors related? Could it be that our fear of each other inspires pro-gun laws that one doesn’t see in less diverse cultures?
There’s an argument that the Second Amendment itself was adopted to defend slavery. Please note: I don’t agree with this argument. I think the Second Amendment was adopted because we’d just fought a war that we couldn’t have won without the martial powers of citizens militias. That’s why “A well regulated Militia” is right in the text of the Amendment (a phrase modern gun nuts are quick to gloss over). But it’s clear that widespread gun ownership helped white plantation owners keep control of their slaves. And the right to bear arms was certainly useful when it came time to “settle” additional territory away from the people who were already living there. Gun rights, who has them, and who does not, are inextricably tied to our history of racial oppression.
Do these “race-war” justifications for gun ownership still apply to our modern understanding of the right? A new study suggests that they could…
* A prosecutor managed to shoot out the window of the D.A.’s office while playing with another prosecutor’s gun. The boss is mad, but really, what’s the point of having guns if you can’t treat them like toys? [Waco Tribune]
* Typical traffic stop turns into anal cavity search because clenching your buttocks during a pat down is probable cause for a prostate exam. [KOB 4]
* Lawyer informed by judges that “not everything on the internet is reliable.” [IT-Lex]
* Texas has hired Texas Law grad Steve Patterson as its new athletic director, poaching him from the same position at Arizona State. I wonder if Todd Graham will slimily bail on another school and join his old boss at Texas when Mack Brown is unceremoniously fired. [CBS Sports]
* Michelle Mumford, the former Milbank associate who went public with her negative experience of being pregnant working in the firm’s litigation department, is now the admissions dean at BYU Law. If any institution is sympathetic to pregnancy, it would be the Mormon Church. [The Careerist]
* Professor Pamela Karlan explains how political gridlock is the result of the Framers’ failure. I refuse to believe a gathering of slaveholding farmers didn’t construct a perfect system. [Boston Review]
* Judge tells lawyers they can’t withhold their fee structure as confidential when he can look it up in other cases. Was their theory that the judge was stupid? [South Florida Lawyers]
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.