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.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.