When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call “Mary,” would negotiate over the phone with Ninth Circuit judges over how particular cases should come out — a responsibility well beyond the legal research and opinion drafting done by most clerks.
On one occasion, a vote on whether to rehear a case en banc emanated not from the judge’s chambers account, but from Mary’s personal email account. Even more embarrassingly, it was written not on behalf of the judge or the chambers, but in the first person: “I vote YES to rehearing en banc.” A law school classmate of mine who was also clerking for the Ninth that year remarked, “I thought only judges did that. When did Mary get her presidential commission?”
Some of us jokingly referred to that chambers as Weekend at Judgie’s. What appeared to be going on over there reminded us of Justice Thurgood Marshall’s famous quip to his clerks: “If I die, prop me up and keep voting!”
We joked about this delegation of Article III authority to a newly minted law school graduate. But as Joseph Goldstein suggests, in a very interesting article just published by Slate and ProPublica, the issue of superannuated jurists is no laughing matter….
Few are going to stand up in support of kiddie porn, even when it’s art. Last year, the Tate Modern proposed displaying a nude portrait of Brooke Shields at age 10. It caved on those plans after objections from the “obscene publications unit” of the London Metropolitan Police, according to Caveat Viator.
Caveat Viator offers a link to the portrait, but we’d advise against checking it out. (Go watch The Blue Lagoon instead.) Cyberlaw professor Eric Goldman calls child porn “toxic,” noting that “there is no easy way to legally cure even a single download of child porn.”
Even if it’s part of your “academic research.” A New York professor considering writing a book on how to define child porn is now serving a prison sentence because of images he downloaded in the course of his research, and images left in his cached folder from Web-browsing kiddie porn sites.
Sentences range. That professor got a one-to-three year sentence, while an Alabama man with an underage porno video discovered on his computer by the Geek Squad got 10 years, as we mentioned last week. That’s for hitting download and play, not for firing up a camera and hitting record. Is that a fair sentence, or are the penalties for kiddie porn possession too exxxtreme?
It’s another amazingly beautiful day here in New York, and we’re blogging from Bryant Park. The temperature is in the low 70′s, there’s not a cloud in the sky, and a slight breeze is blowing. Life is good.
We don’t have much time — we’re about to run off to another New Yorker Festival event — but after sleeping on it, and reviewing our notes (’cause that’s what they’re for), we’d like to revise our earlier assessment of Justice Breyer’s interview with Jeffrey Toobin yesterday.
Although it could have been more fun, if Justice Breyer had been more forthcoming, there were actually quite a number of interesting stories and humorous moments — more than we remembered. Yesterday’s take may have been influenced by the fact that the interview’s highlights were clustered toward the beginning of the talk, and more of the bland civics-lecture material was near the end. So immediately after leaving the talk, it was the dry stuff that stuck in our mind. We’ll have more to say later about the best parts of the interview.
David Lat gets antsy when an interview with Justice Breyer is insufficiently confessional. Why can’t he be more like Justice Scalia (or Judge Posner or Judge Kozinski)? Is there some reason the conservative judicial stars are more fun? Do liberals always have to demonstrate their circumspection?
It’s a fascinating inquiry, and one that we’ve entertained often ourselves. Do you have thoughts on why today’s leading judicial “rock stars” tend to be conservative? If so, please place them in the comments. (We’d like to see more robust debates in the comments here at ATL, like at other blogs.)
Three thoughts that we’d like to offer, before you accuse us (and Professor Althouse) of being biased in favor of conservatives:
1. There are a number of charismatic, colorful, outspoken federal judges who are quite liberal. Four examples, off the top of our head: Judge Stephen Reinhardt (9th Cir.), Judge Guido Calabresi (2d Cir.), Judge Jack Weinstein (E.D.N.Y.), and Judge Nancy Gertner (D. Mass.). So, in fairness to the left wing, let’s admit that they too have their icons.
2. Today the top judicial celebrities tend to be conservative. Is this just because the Republicans have been in power for quite some time — and because the most recent Supreme Court nominees, as well as any SCOTUS nominees in the near future, will probably be conservatives?
(Or maybe not. Judge Kozinski or Judge Posner are both brilliant, but they are unlikely Supreme Court nominees, perhaps because they are so outspoken and larger-than-life.)
3. It wasn’t always like this. Two of the most enjoyable and entertaining Supreme Court justices of the twentieth century were Justice Douglas and Justice Brennan — and they don’t come more liberal than that. (So don’t accuse us of refusing to recognize fascinating figures of the judicial left. We just feel that the best ones aren’t around today.)
Okay, gotta run. Apologies for typos or sloppy (or sloppier than usual) writing; we haven’t proofread this. Hasta luego.
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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 firstname.lastname@example.org 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:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
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• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
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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