Jed Rakoff

* Fatwa against Fat. Wha? Saudi cleric issues Fatwa against all you can eat buffets. Old Country Buffet reeling from the blow to expansion plans. [International Business Times]

* Legislature close to disbanding speed trap town. [Lowering the Bar]

* Federal district judge who thought he was one of the Hardy Boys gets a benchslap from Judge Rakoff. [Josh Blackman's Blog]

* The dean of the DePaul College of Law, Gregory Mark, is stepping down at the end of the academic year. Administration issues are never fun, but this is better than another story about Augustus Sol Invictus. [Chicago Sun-Times]

* Respect is a two-way street. That’s why you don’t disrespectfully interrupt judges and judges shouldn’t berate lawyers for doing nothing wrong. [Katz Justice]

* The most overrated and underrated law schools. Go Ducks! [TaxProf Blog]

Probably the most interesting question in white-collar crime these days is why there were no prosecutions arising out of the financial meltdown a few years ago.

As with most interesting questions, there are two polarized sides — one side wants to take up pitchforks and torches and head to Wall Street now, and the other side thinks that perhaps we should be a bit more circumspect about throwing people in prison (from that description, you can probably guess which side I’m on).

Judge Rakoff — a man we should all listen to one almost any subject — has weighed in with a thoughtful piece in the New York Review of Books called “The Financial Crisis: Why Have No High-Level Executives Been Prosecuted?

How does Judge Rakoff answer the question?

double red triangle arrows Continue reading “Judge Rakoff On Prosecutors’ Motives, DOJ’s Explanations, And The Lack Of High-Level Prosecutions Following The Financial Meltdown”

Remember the 80s? Big hair, Dynasty, Huey Lewis was popular for some reason. Well, Judge Jed Rakoff remembers the 80s, and he also remembers the way the federal government used to actually investigate and prosecute people who committed massive financial crimes — Mike Milken, Ivan Boesky, Charles Keating, a bevy of other savings and loans kingpins. Good times.

And Judge Rakoff wants to know what happened to prosecuting financial crimes, specifically the sort of fraud that crippled the economy. So he took to the pages of the New York Review of Books to ponder all the financial prosecutions that could have been. And he has some theories about what happened and how prosecutors could do a better job in the future.

It’s a fascinating look at a bunch of ideas that the government is going to totally ignore…

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Three cheers for “cultural capital.”

* Despite his hatred of 3L classes like “Law and Unicorns,” Justice Scalia believes that the third year of law school is necessary — perhaps a necessary evil, but still necessary. [Memphis Daily News]

* “[T]his excuse — sometimes labeled the ‘too big to jail’ excuse — is disturbing, frankly….” The eminently quotable Judge Rakoff is at it again, this time with harsh words for the DOJ. [New York Times]

* According to the latest survey from Citi Private Bank’s Law Firm Group, managing partners think that 2014 will be better than 2013. This means bonuses will be the same next year. [Am Law Daily]

* Attorneys from Wiley Rein are fighting for $2 million in fees in the wake of their SCOTUS win in the Shelby County Voting Rights Act case. The firm’s quest has been called “absurd.” [National Law Journal]

* “The record is utterly devoid of any evidence of criminal intent or intentional misconduct.” It turns out the attorneys accused of malpractice by the Miccosukee Indians weren’t bad after all. [Daily Business Review]

* Rather than pegging its value at $1 million, a professor from a fourth-tier law school is promoting the “non-economic value” of a law degree. Can “cultural capital” repay your loans? [WSJ Law Blog (sub. req.)]

* “[N]o law school in Canada should be allowed to weed out gay students.” Too bad. Trinity Western University, the law school that bans gay “sexual intimacy,” received preliminary approval. [Globe and Mail]

* Law school specialization and you: follow these three simple steps to help you decide which niche you’ll be unable to find a job in after you graduate. [Law Admissions Lowdown / U.S. News & World Report]

* How low can the legal market go? Manhattan firm lists full-time associate opening for $10/hr. “NY to 10.” (Screenshot here if the ad is removed). [Craigslist]

* Iowa is giving out gun permits to the blind. Sadly this is not a new phenomenon as David Sedaris explained years ago. [FindLaw]

* Business Insider has fired its CTO because… he’s a jerk. An important lesson in what free speech does and doesn’t mean. [Popehat]

* A UNC professor pulled over for a DWI has sparked a Fourth Amendment battle because she was arrested by a fire truck. [Fox News]

* Banks facing SEC enforcement actions are basically just spinning a roulette wheel and praying it doesn’t land on “Rakoff.” [Ramblings on Appeal]

* On a related note, Senator Elizabeth Warren spoke at the AFL-CIO conference and discussed the corporate capture of the federal courts (at 1:23:45 after the jump)…

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These are trying times for clerkship applicants. The Law Clerk Hiring Plan is pretty much dead, at least in its strictest version, and it seems like every judge is going his or her own way.

The best applicants can hope for, in the absence of any standardized approach to law clerk hiring, is transparency. Ideally judges should provide clear and comprehensive information about their own particular approaches to hiring clerks. Thanks to this nifty thing called the internet, it’s not that hard.

As in many things, the Southern District of New York provides a model for other courts to follow….

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Judge Jed Rakoff

The trustee… having for more than three years issued empty threats to seek a halt to the attorney general’s suit, has lost his right to complain. Even on the merits, moreover, his bluster proves to be without substance.

– Judge Jed Rakoff (S.D.N.Y.), issuing a harsh benchslap to Irving Picard, the trustee involved in the Bernie Madoff case, for trying to block a settlement he wasn’t involved in between J. Ezra Merkin and New York Attorney General Eric Schneiderman.

* “I don’t believe judges should be filibustered.” Tell that to the rest of your Republican pals, Senator Hatch. D.C. Circuit nom Sri Srinivasan faced little drama at the Senate Judiciary Committee yesterday. [Bloomberg]

* A bipartisan gun regulation deal has been reached in the Senate, and of course the NRA is opposing it — well, except for the parts that expand gun rights. The group really likes those parts. [Washington Post]

* Trolling for patent partners? Bingham recently snagged five IP partners from DLA Piper’s Los Angeles office, including the former co-chair of DLA patent litigation department. [Thomson Reuters News & Insight]

* Time well spent: while Detroit hangs on the precipice of bankruptcy, local politicians are worrying about whether retaining Jones Day poses a conflict of interest for their emergency manager (Kevyn Orr, formerly of Jones Day). [Am Law Daily]

* NYLS — or should we say “New York’s law school” — is revamping its clinical program to kill two birds with one stone (e.g., fulfilling pro bono hours and boosting job prospects). [National Law Journal]

* For all the talk of his being a hard ass, Judge Rakoff is a nice guy after all! The judge gave an ex-SAC trader permission to go on a honeymoon after his release from prison. [DealBook / New York Times]

* If you’ve ever wondered how Lat spends his free time, sometimes he’s off writing book reviews for distinguished publications. Check out his review of Mistrial (affiliate link) here. [Wall Street Journal]

* “Lindsay Lohan is the victim.” What the Heller you talking about? LiLo’s lawyer thinks there’s a conspiracy among the prosecutors on her case that’s resulted in leaks of information to TMZ. [CNN]

In her bestselling memoir, My Beloved World (affiliate link), Justice Sonia Sotomayor recounts her journey from the projects of the South Bronx to the bench of the United States Supreme Court. Given that background, one would expect Justice Sotomayor to have a weak spot for young women who make it to One First Street from improbable places.

So it makes perfect sense that Justice Sotomayor has hired the first-ever Brooklyn Law School graduate to serve as a Supreme Court law clerk: Sparkle Sooknanan, a 2010 graduate of BLS who is currently an appellate attorney at the Justice Department. We’ve heard Sooknanan described as “an awesome human being” and “brilliant” — and with a name like “Sparkle,” the brilliance must be literal.

Sparkle isn’t the only bright young lawyer to claim a shiny new credential for the résumé. Read on for additional news of Supreme Court clerk hiring….

double red triangle arrows Continue reading “Supreme Court Clerk Hiring Watch: Sparkle Bright Like A Diamond”

* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]

* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]

* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]

* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]

* Remember the lawyer who sued Westlaw and Lexis for copyright infringement? Judge Jed Rakoff dismissed it for reasons yet to be disclosed, but probably for legal dumbassery. [Thomson Reuters News & Insight]

* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]

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