Over the years, Judge Richard Posner (7th Cir.) has sent a number of his clerks to the chambers of Justice Antonin Scalia. Query whether Judge Posner’s record as a feeder judge to Justice Scalia will be impaired by the recent sniping between them (or by Judge Posner’s ideological drift; as he recently told NPR, he has grown less conservative “since the Republican Party started becoming goofy”).
Last month, Judge Posner expressed misgivings over Justice Scalia’s impassioned dissent in Arizona v. United States, a high-profile case about immigration. Judge Posner questioned the “famously outspoken” justice’s decision to include complaints about illegal immigrants in his dissent, suggesting that such discussion might be more appropriate for a campaign ad than a judicial opinion.
In a recent interview, Justice Scalia benchslapped back — hard. What did he have to say?
* Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]
* Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]
* In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]
* “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]
* We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]
* Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]
* And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]
* “I am not a racist. I am not a murderer.” George Zimmerman sat down for an interview with Sean Hannity to tell his side of the story. Prosecutors must be thanking Zimmerman’s attorney for this gift. [Orlando Sentinel]
* Duncan Law is appealing its accreditation appeal before the American Bar Association’s Section of Legal Education and Admissions to the Bar. This must be the three strikes approach to accreditation. [ABA Journal]
* Give this undocumented immigrant one of the documents he’s earned. Immigration law professors are lining up to support Sergio Garcia’s attempt to win admission to the California bar. [National Law Journal]
* California’s foie gras ban will remain in effect due to the lack of a “satisfactory explanation” as to why a TRO should be granted. Sorry, but wanting to eat classy French food isn’t a good enough reason. [Businessweek]
Thursday the Supreme Court will sit for its final session of October Term 2011. The Court will issue opinions in all the cases pending before it. For example, the Court will let the American people know whether they ever have a right to lie.
The Court will also rule on the case that, according to a sign I saw earlier, presents the question of whether we need to “Get The Feds Out of Medicare.” I’m not sure about the details of that case though, because it hasn’t gotten much press attention (I only read the Bicycle Times).
Today, however, the Court issued two opinions in argued cases. The fun in the courtroom was not in the opinions, but in the dissents….
This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.
In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….
* Dewey have some novel issues for our bankruptcy lawyers, or what? As we noted last night, now that D&L has filed for Chapter 11, they’ll have to deal with bank debt, and bondholders, and possible criminal proceedings, oh my! [New York Law Journal]
* And did we mention that Dewey’s defectors and their new firms might get screwed out of millions thanks to the recent Coudert decision? You really should’ve tried to finish up your business before the firm flopped. [WSJ Law Blog]
* Our SCOTUS justices’ summer plans don’t include debating the results of their landmark health care and immigration cases. They’ll be off to fabulous destinations to teach by the first week of July. [Associated Press]
* A federal judge in Brooklyn doesn’t like what seems to be happening in the “game of grams” when it comes to mandatory minimum drug sentencing. Perhaps the DOJ will heed his call for reform. [New York Times]
* Facebook’s IPO was an epic fail, but it’s been great business for plaintiffs lawyers. Twelve securities class action firms are gathering leads and getting ready to sue, and two have already sued. [National Law Journal]
* This wasn’t exactly well planned: if you’re involved in state politics, it’s probably not a good idea to fake a legal internship with a state representative so that you can graduate from law school. [Concord Monitor]
* In happier news, a New York Law School graduate walked across the stage to receive her diploma with the help of her seeing-eye dog. The pooch hasn’t lifted a leg on her law degree… yet. [New York Daily News]
... and so do folks down under.
* “Brothels are never going to be a vote winner.” But even so, if you’re looking to get it in down under, a plan to build Australia’s largest cathouse may soon gain approval if lawyers are able to do their work quick and dirty. [Bloomberg]
* Thanks to this case, stupid teenagers in New Jersey who send texts to others that they know are driving can now revel in the fact that they can’t be held liable for injuries that may occur thanks to careless driving. [New Jersey Law Journal]
The Supreme Court session starts at 10:00 a.m. At 9:55, a tall man with broad shoulders and little neck — a man with an ear piece running out of the back of his suit coat — tells everyone in the Courtroom to be quiet and stay in their seats until the session is over. The room quiets.
During this time, those who watch the Court are scanning for signs of either discord or harmony. Even a concert at the Court invites scrutiny of which Justice is chummier with which other Justice. The Supreme Court watching world is like a group of eight-year-olds in the week before Christmas, sniffing the presents under the tree and trying to hunt through their parents’ closets. It’s dignified.
The Courtroom is silent after the broad man quiets us. And then, growing louder, we hear voices. Male voices. And laughter, booming male laughter, as the Chief and Justice Scalia emerge through the parted curtains, and Court is called to order.
* What information Dewey know about the ongoing criminal investigation that’s being conducted by the Manhattan District Attorney’s office? From the sound of it, ex-chairman Steven Davis’s LeBoeuf may be cooked. [Am Law Daily (reg. req.)]
* Dewey know when to admit defeat? A spokesman for the failing firm has insisted that it’s “not formally closed.” Great, because that’ll certainly make it easier to prepare for the involuntary bankruptcy filing that’s in the works. [Reuters]
* Meanwhile, D&L amended its WARN notice with the New York State Department of Labor to raise its total employee count by 100, for a grand total of 533 — 433 of whom have been laid off thus far. [Bloomberg]
* “The defense wasn’t sexy, but the defense doesn’t want sexy. It wants an acquittal.” John Edwards’s legal team rested its case yesterday without calling any of the major players involved to testify. [Associated Press]
* Show me your papers: the California Supreme Court will be deciding whether a law license should be granted to an illegal immigrant who’s already been certified by the State Bar of California. [Los Angeles Times]
* Thank you, Jesus! Utah’s S.J. Quinney College of Law now has an additional $4M in its collection plate to put toward a new building thanks to the Church of Jesus Christ of Latter-day Saints. [National Law Journal]
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: