And it’s not over yet. What do Professors Richard Epstein and John Yoo — two of legal academia’s most colorful characters, rock stars in Federalist Society circles — think of the current state of law schools here in the United States?
When Berkeley Law professor John Yoo is able to come to the defense of President Obama’s secret legal justification for the assassination of American citizens, it’s time for progressives to pack it up and find a new candidate. Mike Bloomberg? Cory Booker? There are a bunch of other political figures out there who will gladly champion some liberal ideals until it becomes politically expedient for them to sell out the left in exchange for the warm embrace of the military-industrial complex.
Progressives will need to find somebody else because this Obama guy is done as a progressive leader. Many of you have been following the story of Anwar al-Awlaki. He’s the American-born radical cleric who was targeted and killed by a U.S. drone strike in Yemen. Many have questioned Obama’s authority to assassinate an American without due process of the law.
Today’s news is that President Obama did seek and receive legal justification for this strike from the Department of Justice. But you won’t get to see it. That’s because the DOJ issued Obama a secret memo that purportedly explains why Obama is allowed to kill Americans now….
Imagine what would have happened if the Obama administration had been running things immediately following 9/11. After their “arrest,” we would have read [Khalid Sheikh Mohammed] and [Abu Faraj al-Libi] their Miranda rights, provided them legal counsel, sent them to the U.S. for detention, and granted them all the rights provided a U.S. citizen in criminal proceedings.
If this had happened, the CIA could not have built the intelligence mosaic that pinpointed bin Laden’s location. Without the intelligence produced by Bush policies, the SEAL helicopters would be idling their engines at their Afghanistan base even now. In the war on terror, it is easy to pull the trigger — it is hard to figure out where to aim.
– Professor John Yoo, in an opinion piece in today’s Wall Street Journal. While serving as a Justice Department official in the Bush Administration, Professor Yoo provided legal analysis supporting the application of enhanced interrogation techniques to terror detainees — techniques that may have yielded information used in locating Osama bin Laden.
(A counterpoint to Professor Yoo — we believe in presenting both sides here at Above the Law — appears after the jump.)
* Khalid Sheikh Mohammed will be tried by a military commission at Guantanamo, but John Yoo is still not satisfied. He wants to capture people and hold them indefinitely without trial proof that the Obama Administration can conduct terror trials successfully. Obviously, the elegant solution is to make KSM live in Yoo’s basement until one of them begs for an impartial arbiter. [Ricochet]
* If you ever read the warnings on your prescriptions, I think this is what you’ll see (by Jeremy Blachman). [McSweeney]
* Over the weekend, while I was at the gym, I listened to this engaging and entertaining podcast, with Professors Richard Epstein and John Yoo. They discuss Libya, Obamacare, and — perhaps most interesting for ATL readers — the U.S. News law school rankings (around the 13-minute mark). [Ricochet (subscription); accessible for free for ATL readers over here (mp3)]
* Speaking of law professors and Libya, my friend and former co-clerk, Professor William Birdthistle, is writing an interesting series of posts about his childhood in that now war-torn land. The first appears here. [The Conglomerate]
* Joining the ranks of law professors: former Supreme Court shortlister Larry Thompson, who’s retiring as general counsel of PepsiCo and entering legal academia. [Corporate Counsel]
* Hey Raj Rajaratnam, look on the bright side: at least you’re not Barry Bonds. [Dealbreaker]
* A close and critical look at the PayScale salary data used by Forbes in its recent analysis of law school graduate salaries (as well as its ranking of “best law schools for getting rich”). [Constitutional Daily]
Ken Kratz wins 'The Prize' of no criminal charges.
Critics of the legal-education industrial complex would probably like to see some radical changes in the U.S. law school system. They’d probably want a few dozen law schools to shut down entirely, to reduce the glut of lawyers in this country. Barring that, they might want to see law schools reduce tuition dramatically — not just freeze tuition, which some schools are already doing, but make an outright cut in the sticker price of a J.D.
Alas, expecting such changes isn’t terribly realistic. Law school deans and law professors aren’t going to willingly reduce their salaries or send themselves into unemployment — and why should they? Despite all the warnings about the risk involved in taking on six figures of debt to acquire a law degree, demand for the product they’re selling, legal education, remains robust (even if it’s showing signs of abating).
Interestingly enough, however, we’re seeing some law schools cutting their production (of graduates, of J.D. degrees)….
Virginia Seitz: The Finishing School for the Elect's new headmistress?
* How much would you need to be paid to spend 40 hours in prison? Does $200,000 sound about right? [Maryland Daily Record]
* C’mon, libs, John Yoo isn’t heartless — he opposes slavery, for crying out loud. Meanwhile, Richard Epstein agrees with Yoo that the original Constitution was far from perfect. [Ricochet (Yoo); Ricochet (Epstein)]
* Sidley Austin partner Virginia Seitz — a member of The Elect (Brennan / OT 1986), and descended from Article III aristocracy, as the daughter of the late Judge Collins Seitz (3d Cir.) — is looking like President Obama’s pick for the powerful and prestigious Office of Legal Counsel (OLC). [Main Justice]
* Congratulations to the six lawyers selected by incoming New York Attorney General Eric Schneiderman for his front office (including Nancy Hoppock, my fantastic former colleague from the U.S. Attorney’s office). [WSJ Law Blog]
* At some point, all the injuries arising out of the ill-fated Spider-Man Broadway musical have to generate at least one lawsuit, right? [Gothamist]
Now that you’ve figured out what to give your secretary this holiday season, what about the lawyers in your life? Many of you have friends or family members who are lawyers or law students, and if you haven’t done so already, you need to get them — forgive the expression — Christmas presents (or holiday gifts, if you prefer).
Lawyerly types can be tough to shop for. As we’ve previously discussed, lawyers aren’t great about giving gratitude, and they’re often very critical — so your gifts might not be warmly received. Also, many lawyers earn good incomes, meaning that when they actually need or want something, they often just go out and buy it themselves (or let their firm to buy it for them — e.g., the iPad).
So what should you get for the lawyers in your life this holiday season? We have some suggestions….
[T]he imperatives of law enforcement distract soldiers and intelligence agents from their primary war-fighting mission. We don’t want our soldiers pausing on hostile battlefields to read detainees Miranda warnings, take down witness statements, and collect evidence in plastic baggies. They should remain focused on finding and killing al Qaeda terrorists.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
Watch to find out what some of our subscribers received in their May box!
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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.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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