The first rule of state court is: you do not talk about state court.
* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]
* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]
* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]
Give this man a federal judgeship.’ That sounded as if I were desperate, which I was . . . .
– Judge Leslie Southwick, in response to a Washington Post headline during his confirmation struggle.
In The Nominee: A Political and Spiritual Journey, Judge Leslie H. Southwick chronicles the long path to his current seat on the United States Court of Appeals for the Fifth Circuit. Southwick is a former Mississippi Court of Appeals judge, former deputy assistant attorney general in the first Bush Administration, and Iraq war veteran. He was recommended by Mississippi senators for a Fifth Circuit vacancy in 1991 and 2004, for a district judgeship in 2004 and 2006, before his final nomination in 2007. He initially appeared to be an uncontroversial nominee. However, a fierce partisan battle in the Senate threatened his eventual success. The Nominee follows Southwick’s tortuous path, relying on the judge’s day-by-day personal notes.
Southwick’s account is fascinating on its face. He drops names on every page, and it’s exciting to trace the earlier steps of those who would become legal luminaries in later years. For those only generally familiar with the way that federal judges get made — a process resembling in unsettling ways how sausage gets made, Southwick notes — the book provides an education in both the official and the unofficial processes. The book will certainly satisfy in excruciating detail the curiosity of anyone who wonders exactly how stubbornly political the judicial confirmation process has become.
Notably, the book shows just how long the process can be. Before he clears the Senate Judiciary Committee vote, before his nomination even reaches the Senate floor, Southwick writes that the day “was a double anniversary of my seeking a position on the Fifth Circuit. In my diary, I wrote, ‘Tuesday, 10 July. Sixteen years today since this started,’ meaning that I learned on July 10, 1991, that Judge Charles Clark was retiring. In addition, the 1991 date was exactly sixteen years after I wrote my July 10, 1975, letter applying to clerk for Judge Clark.” Judges, whether made the right way or not, are not made overnight.
None of this is what makes the book most worth reading, though — and it certainly is worth reading . . . .
The terror you experienced when Senator Harry Reid crafted his clumsily constructed nuclear solution to the logjam over judicial nominations can marginally subside. Brave Americans like Senator Marco *pauses… takes sip of water* Rubio have managed to single-handedly stand up for your right to not allow a qualified black, gay guy to preside over federal trials.
Huzzah! Just what the Framers never intended. Well, actually keeping blacks and gays off the bench is probably exactly what the Framers intended, but I mean they never intended a Senator to be unilaterally blocking judicial nominees. Enjoy one more arcane senatorial rule that has no basis in the Constitution, but nonetheless hamstrings our nation….
* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]
* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]
* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]
* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]
U.S. Attorney Preet Bharara
* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]
* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]
* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]
I remember riding home one evening with Justice Lewis Powell, whom I was serving as a law clerk. I was pumped over a vote he had cast that day, and I expected him to share my excitement. He responded that he considered himself fortunate if only 48 percent of the legitimate points to be made were on the other side.
Did the agents who were conducting my interview already know all about my daughter, the surveillance and the warning? While I suspect they did, to this day, I am not certain. Was I really obligated to “rat her out” to prove my bona fides? I have no idea, but I sure felt sh**ty for having done so.
– Judge Richard G. Kopf, writing on his delightful blog about the deeply intrusive process for vetting federal judicial nominees — which required him to reveal to the FBI his daughter’s brush with allegedly unsavory characters.
(See also Richard Posner — citing Above the Law and Elie Mystal, by the way — after the jump.)
This week, the Senate blocked the nomination of Robert Wilkins to the U.S. Court of Appeals for the D.C. Circuit. President Obama nominated Wilkins to fill Judge David Sentelle’s seat. Failing to get the 60 votes needed to overcome a Republican filibuster, Wilkins won’t move forward to an up-or-down, simple-majority vote by the Senate.
Senate Republicans insist that the D.C. Circuit does not need any more judges in order to properly carry its current caseload. While Wilkins might be well-qualified to be a circuit judge, the Senate just isn’t hiring. President Obama said in a written statement, “When it comes to judicial nominations, I am fulfilling my constitutional responsibility, but Congress is not. Instead, Senate Republicans are standing in the way of a fully-functioning judiciary that serves the American people.” Democrats in the Senate, led by Senator Patrick Leahy (D-Vt.), threaten to alter the rules governing judicial nominations to prevent filibustering.
Democrats’ and Republicans’ reasons for fixating on the D.C. vacancies are political and obvious. It’s an unusually influential court, issuing rulings on administrative and regulatory matters with nationwide implications. What about the rest of the country, though? While politicians in Washington fuss over the D.C. Circuit, what is being neglected elsewhere?
* Say what you will about Justice Scalia, but the man is hilarious — more funny than his four liberal colleagues combined, according to a statistical analysis of oral argument recordings. [New York Times]
It’s surprising that Watford’s nomination was so contentious, given that he has a number of backers from the right side of the aisle. As noted by the San Francisco Chronicle, “[h]is supporters included conservative UCLA law Professor Eugene Volokh, who has described Watford as brilliant and ideologically moderate, and attorney Jeremy Rosen, former president of the Los Angeles chapter of the conservative Federalist Society” (and a noted appellate lawyer, who has appeared before in these pages).
That’s not all. Watford clerked for Chief Judge Alex Kozinski, one of a handful of prominent conservative or libertarian judges on the (generally liberal) Ninth Circuit. If you look at the ranks of former Kozinski clerks, you’ll see many members in good standing of the vast right-wing conspiracy (and some who are not, like Paul Watford — who went on to clerk for Justice Ruth Bader Ginsburg, and was nominated to the Ninth Circuit by a Democratic president).
Now that the handsome Watford has joined his superhottie boss on the bench, we have a trivia question: Who is the circuit judge with the most former law clerks to join him on the Court of Appeals during his lifetime?
* Building bridges instead of burning them: a new Republican strategy that just might work. Thanks to this Senate deal, 14 federal judicial nominees will get confirmation votes before summer. [Legal Times]
* According to this survey, Biglaw firm leaders are wearing rose-colored glasses when it comes to the economy and current business conditions. That said, where are the spring bonuses? [Am Law Daily]
* A jury found Virginia Tech negligent in its handling of the school’s 2007 massacre. The administration will probably appeal, but it’d be nicer if they just appeased the victims’ families. [Wall Street Journal]
* Want a tenure-track teaching position? Just sue. Nicholas Spaeth’s age discrimination suit against Georgetown Law will proceed, much to the school’s chagrin. [Thomson Reuters News & Insight]
* Kim Kardashian + boobs + lawsuit = water cooler fodder for lawyers. [New York Post]
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.