Despite all the recent controversy surrounding U.S. Supreme Court decisions on health care, immigration and other issues, nearly two-thirds of Americans can’t name even a single member of the Supreme Court.
* “I’ve been a restaurant waitress, a hotel hostess, a car parker, a nurse’s aide, a maid in a motel, a bookkeeper and a researcher.” This SCOTUS wife was well-prepared to give a graduation speech at New England Law. [Huffington Post]
* Sniffling over lost profits is the best way to get a court to take your side. Biglaw firms have asked the Second Circuit to consider reversing a decision in the Coudert Brothers “unfinished business” clawback case. [Legal Intelligencer]
* James Holmes, the alleged Aurora movie theater gunman, is being evicted from his apartment. Guess he didn’t know — or care — that booby-trapping the place with bombs would be against the terms of his lease. [Denver Post]
* The ABA has created a task force to study the future of legal education, and its work is expected to completed in 2014. ::rolleyes:: Oh, good thing they’re not in any kind of a hurry — there’s no need to rush. [ABA Journal]
* Indiana Tech, the little law school that nobody wants could, has hired its first faculty members. Thus far, the school has poached law professors from from West Virginia, Florida A&M, and Northern Illinois. [JD Journal]
* When divorces get weird: is this lawyer’s soon-to-be ex-wife hacking into his law firm email account and planning to publish privileged communications online? Yep, this is in Texas. [Unfair Park / Dallas Observer]
* Breast-feeding porn: yup, that’s a thing, so start Googling. A New Jersey mother is suing an Iowa production company after an instructional video she appeared in was spliced to create pornography. [Boston Globe]
* If someone from your school newspaper asks you for a quote about oral sex, and then you’re quoted in the subsequent article, you’re probably not going to win your invasion of privacy lawsuit. [National Law Journal]
* Chief Justice John Roberts, in his capacity as circuit justice for the Fourth Circuit, has given the green light — for the time being — to Maryland’s continued collection of DNA samples from people charged with violent felonies. [New York Times]
* Professor Dan Markel isn’t a fan of the practice, arguing that it “is yet another abuse of the presumption of innocence.” [PrawfsBlawg]
* The mother of a man who died during a police chase has sued the SFPD over her son’s accidentally shooting himself. Opines SFist: “It remains unclear to us why [Kenneth] Harding has been chosen to serve as a martyr, given his not-so-stellar record and the self-inflicted wound.” [SFist]
* Poor Professor Campos — does his self-loathing know no bounds? The prominent law professor, one of legal academia’s harshest (and most eloquent) critics, has now turned his powerful fire on baby boomers — of whom he is one. [Salon]
* Chief Justice John Roberts might “enjoy that he’s being criticized,” but that’s probably because he’ll get the chance to show his true conservative colors this fall when issues like affirmative action and same-sex marriage are before SCOTUS. [Reuters]
* Dewey know why this failed firm thinks a bankruptcy judge is going to allow it to hand out $700K in “morale” bonuses? You better believe that Judge Martin Glenn is going to tell D&L where it can (indicate). [Bankruptcy Beat / Wall Street Journal]
* It seems like attorneys at Freshfields may actually need to get some sleep, because it was the sole Magic Circle firm to report a decline in in revenue and profitability in its latest financial disclosure statements. [Financial Times (reg. req.)]
* Judge Kenneth Lester Jr. didn’t do George Zimmerman any favors when he set his bond at $1M. Watch how quickly the defense fund Zimmerman concealed from the court disappears as he struggles to post bail. [CNN]
* Whatever it takes (to count you as employed): 76% of law schools report that they’ve now changed their curriculum to include more practical skills courses in light of the dismal job market. [National Law Journal]
* Texas Christian University is expanding its graduate programs, but a law school isn’t necessarily in the works, because TCU is only interested in “programs that promote employability.” Well, sh*t, y’all. [TCU 360]
Ed. note: Your Above the Law editors are busy celebrating their freedom today (and we hope that you are, too). We will return to our regular publication schedule on Thursday, July 5.
* At this point, the Supreme Court’s dramatic deliberations on the Affordable Care Act are like a leaking sieve. Now we’ve got dueling narratives on Chief Justice Roberts’s behind-the-scenes flip-flopping. [WSJ Law Blog]
* Life, liberty, and the pursuit of fabulosity! The Department of Justice has asked the Supreme Court to grant cert on two DOMA cases, contending that Section 3 of the statute is unconstitutional. [Poliglot / Metro Weekly]
* A famous fabulist: according to California’s State Bar, disgraced journalist Stephen Glass is a “pervasive and documented liar,” but that’s not stopping him from trying to get his license to practice law. [Los Angeles Times]
* Clayton Osbon, the JetBlue pilot who had an epic mid-flight nutty and started ranting about religion and terrorists, was found not guilty by reason of insanity by a federal judge during a bench trial. [New York Post]
* After a month of bizarre legal filings, Charles Carreon has dropped his lawsuit against Matthew Inman of The Oatmeal. We’re hoping that there will be an awesome victory cartoon drawn up soon. [Digital Life / Today]
* Northwestern Law is the only American law school to have joined a 17-member global justice league geared toward legal teaching and research collaborations. But do they get cool costumes? [National Law Journal]
* UNC Law received two charitable gifts totaling $2.7M that will be used to fund tuition scholarships for current and future students. Maybe their students won’t have to create tuition donation sites anymore. [Herald-Sun]
* This law is for the birds (literally and figuratively). California’s ban on the sale of foie gras had only been in effect for one day before the first lawsuit was filed to overturn it as unconstitutional. [San Francisco Chronicle]
* The National Oceanic and Atmospheric Administration of the Department of Commerce recently announced that mermaids do not exist. Not to worry — it’s still legal to believe that Ariel is a babe. [New York Daily News]
* Obama’s win for health care reform didn’t result in a polling bump for him, but it did result in an even higher disapproval rating for SCOTUS, at least as far as Republicans are concerned… [POLITCO; CBS News]
* … which may be why Chief Justice John Roberts escaped to “an impregnable island fortress” to avoid the Right’s fury, criticism, and scorn as soon as he could after the ACA opinion dropped. [New York Times]
* “[W]e have learned from the mistakes that were made.” That lesson only cost a few billion dollars. GlaxoSmithKline will pay $3B in the largest health-care fraud settlement in U.S. history. [Wall Street Journal]
* After losing a bid to quash a subpoena, Twitter has to turn over info about an #OWS protester’s tweets. OMG, please respond to that thing in 140 characters or less. [Bloomberg]
* Unlike most recent law school grads, Yale Law’s Vanessa Selbst hasn’t been hedging her bets in bar prep classes. Instead, she went all in, played her cards right, and won $244K at the World Series of Poker. [ESPN]
* Divorce really does bring out the best in people. Alec Baldwin says that if given the chance, he would murder his ex-wife Kim Basinger’s lawyer “with a baseball bat.” Gee, tell us how you really feel. [New York Post]
Conservatives, just shut up about this guy. You'll all love him again when he strikes down Affirmative-Action this fall.
* I think there is an interesting question on why Republican Presidents seem to have difficulty getting their Supreme Court justices to vote the party line, but this opinion writer handles the discussion in a stupid, butthurt way. [Washington Post]
* Your Tweets can be subpoenaed. #Biglawdiscoverytactics. [Atlantic Wire]
* If you spend over $100K for a J.D. and then end up working at Axiom, you’ve probably lost. [Law Technology News]
* Here’s a nice little chart made with Chambers numbers to tell us which firms seem to be staffing up. The takeaway is that in addition to your studies, you should be spending enough time in the gym so you look pretty enough to work at Davis Polk. [WSJ Law Blog]
* A Blawg Review that pays homage to Lyndon Baines Johnson. I read that LBJ used to take meetings while he was on the crapper. You probably couldn’t do that today without somebody suing you. [The Defense Rests via Blawg Review]
* As it’s told, the Supreme Court never leaks, but two sources who were close to the Affordable Care Act deliberations thought this tidbit was worth sharing with the public. Perhaps Chief Justice Roberts isn’t so noble after all, because he was originally batting for the conservatives. [CBS News]
* The Department of Justice will not be filing a criminal contempt case against Attorney General Eric Holder, despite Congress’s seal of approval. Alas, if looks like you need to do a little bit more than piss off a few legislators to get prosecuted for a criminal offense. [Blog of Legal Times]
* Is fear of accidental spittle from a close talker enough to warrant slapping a Biglaw partner in the face? Yup, and it seems it’s even cause to file a lawsuit with allegations of slander and assault. [Am Law Daily (reg. req.)]
* A judge has temporarily blocked enforcement of a new law that could have shut down the only abortion clinic in Mississippi. It’s refreshing to know the judicial system is willing to bring out the kid in you. [Washington Post]
* “It was an accident, it was an accident, it was an accident.” That may be the case, but much like your law school loan debt, you can’t take it back. Jason Bohn was arraigned for murder. [New York Post]
* You don’t necessarily have to agree with what Chief Justice John Roberts did with respect to his health care opinion, but you’ve got to admit that it was an act of statesmanship that will forever define his legacy on the Court. [New York Times]
* CNN, one of the world’s most reliable news networks, reports that no many legal scholars were surprised unsurprised by yesterday’s Supreme Court decision to strike down uphold the Individual Broccoli Mandate Affordable Care Act. [CNN]
* Word to the wise: don’t get cocky over in the Eighth Circuit, because apparently boosting the length of a prison term based on whether or not a defendant is smiling at sentencing is not considered an abuse of discretion. [National Law Journal]
* Dewey know why the number of law firm mergers and acquisitions in the United States dropped during the second quarter? Truth be told, they’re all scared, because “[n]obody wants to wind up with a lemon.” [Thomson Reuters News & Insight]
* George Zimmerman, the man charged in Trayvon Martin’s death, is returning to court today to try to get himself released on bond… again. Let’s give him some credit, because he sure is tenacious. [ABC News]
* Listen, it’s not an easy thing to perform an exorcism these days. Sometimes a priest really just needs to kiss and caress the demon out of your body — a sexorcism, if you will. Nothing to sue over, nothing at all. [MSNBC]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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