Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on our website) to avoid uncommon acronyms. Since the brief was signed by a faculty member at Columbia Law School, that was rather dismaying both because of ignorance of our standards and because the practice constitutes lousy brief writing.
– Judge Laurence Silberman of the D.C. Circuit, condemning a brief for an abundance of acronyms.
(More information — including the identity of the offending professor, and the full opinion — after the jump.)
Take the words “all contributors.” Now close your eyes and contemplate what those words mean in plain English. This exercise serves two purposes, by both focusing your mind on the definition and simulating exactly how much the D.C. Circuit thinks you should know about the political process. How did they come to their decision, you might ask? By twisting, turning, and bending the words of the English language in a way that’s still illegal in nine states.
I mean, what more can you say about an opinion that calls dictionaries an “optical illusion?” Seriously…
Many prominent people, including Chief Justice John Roberts and Judge Harry Edwards, have raised their voices about the increasing irrelevance of academic writing to practicing lawyers and judges. Yet, despite railing at the academy, those judges — and law firms, and sophisticated purchasers of legal services — all rely on the academics to identify talented lawyers. Law schools brand the beef, and purchasers buy based on the brand. What do I mean, and why is that process natural and appropriate?
Let’s start with an example for people coming right out of law school: How should judges pick law clerks? One way — perhaps even the “fair” way — would be for judges to assume that each of the 45,000 people graduating from law school is equally likely to make a fine clerk. Judges would solicit applications from all 45,000 and then start the process of sorting the good from the bad.
That cannot work, of course. Judges don’t have the resources (or, necessarily, the ability) to study transcripts, read writing samples, conduct interviews, and do the other spadework needed to assess all of those candidates comprehensively. And judges can’t externalize the cost of the screening process; there’s no person or institution that would play that role for an acceptable price.
What are judges to do? They rely on law schools to brand the beef.
Rant as they may about scholars producing unhelpful scholarship, most judges rely essentially unthinkingly on those same scholars to have separated the potentially gifted lawyers from the crowd. Judges assume that the best students went to the best law schools; that, after arriving, the more talented law students outperformed the less talented ones; and thus that the best performers at the best law schools will make the best clerks. Judges typically pick their clerks from among the top graduates of the elite schools. Judges may think that professors are insane when they’re selecting topics for their scholarship and then devoting months to researching and writing on those subjects, but those same judges rely on the same professors to brand the beef astutely. Whatever criteria law schools are using within the asylum to rank their students, the outside world seems quite happy with it.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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