Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers.
You probably saw this week’s topic coming. Until the folks at One First Street start tossing Elie and me some fresh meat to tussle over, my indignation — righteous as it is — must be directed elsewhere. Unless EM wants to argue that, when SCOTUS decided that Pelkey’s claim was not preempted by federal law in Dan’s City Used Cars, Inc. v. Pelkey, the Nine were, like, racist or something. (Query: what race is Dan? Where was the supplemental briefing?!)
So. The IRS’s targeting of conservative groups applying for 501(c)(4) status. I couldn’t not talk about this scandal, right?
Truly, I kept avoiding devoting this week’s column to the IRS abuses. Seriously.
For one thing, I was not initially so scandalized by this supposed scandal, though I was appropriately dismayed. Second, this story is still developing. So, I hereby reserve my right to be feverishly pissed off later….
Yesterday, with hours to spare, the Mississippi Supreme Court stayed the execution of Willie Manning by a vote of 8-1. The stay was granted based on letters from the Department of Justice casting doubt on the scientific value of testimony from FBI experts at the trial almost 20 years ago.
The lone dissenter, Justice Mike Randolph, outlined his interest in putting someone to death immediately over the objections of the Department of Justice and its FBI experts. The decision reads like satire, making the case for the stay stronger than any majority opinion could. Oh, and then there’s some conspiracy rantings about the Obama Administration because, you know, Mississippi…
In today’s increasingly interconnected world, economic opportunities present themselves at every turn. For example, you could leave the practice of law to start an import/export business. There’s money to be made, and satisfaction to be had, in taking great goods from one country and bringing them over to a new market. Free trade is a beautiful thing (unless you’re unskilled labor).
But how do you figure out what products to import or export? Today’s lawyer turned importer entered the business after buying the product for herself while on vacation. She checked it out with a friend and was blown away by the quality.
What kind of product are we talking about? Well, she started her legal career working for the U.S. Department of Justice, and now she’s a pot dealer….
This Thanksgiving, five brilliant young lawyers will have something special to give thanks for. Earlier this month, they learned of their selection as the 2013 Bristow Fellows.
Bristow Fellowships, one-year fellowships in the U.S. Solicitor General’s Office, go to recent law school graduates with outstanding academic records and top clerkships. They are generally regarded as second only to Supreme Court clerkships in prestige — and often lead to SCOTUS clerkships as well. You can read more about the Bristow Fellowship, including the job responsibilities and application process, on the Justice Department website.
One of the newest Bristow Fellows is an Above the Law celebrity, whom many of you will recognize. Yes, that’s right — you can appear in the pages of ATL and go on to enjoy great career success in the law….
I’m sure there will be other contenders for the honor teased in the title, but I’m having a hard time thinking of one. Last night, voters went to the polls throughout the country and made their voices heard through the time-honored practice of waiting six hours in line until 1:30 a.m. As the results trickled in, candidates, elected officials, and pundits tossed out a number of pithy reactions, but one takes the cake.
Governor John Hickenlooper of Colorado responded to the state’s passage of a ballot measure legalizing marijuana with this gem:
Don’t break out the Cheetos or Goldfish too quickly.
Now I think Hickenlooper is criminally underselling Bugles, but this is pretty amazing. That’s a sitting United States governor tossing out a rejected line from a Cheech and Chong movie. I love modernity.
But why does Hickenlooper think we should hold on to our munchies?
On any list of “scum of the Earth,” people who profiteer off of disaster victims have to make the list. Jesus, it’d be worth Hell existing just so there would be a place for people who take advantage of disasters to loot electronics or valuables (food, if you’re hungry and nobody is home, is fair game I guess). I think there are reasonable people on both sides of the New York City marathon debate, but the thought of any police not stopping a looter to deal with the marathon makes me think they should cancel this year’s event.
Of course, looters aren’t the only kinds of criminals trying to take advantage of the hurricane. The Department of Justice is warning people to be on the lookout for Sandy scams…
In the next few months, we’re going to see a lot of lawyers switching jobs in Washington, D.C. Regardless of who wins the election — my current prediction is that Barack Obama will prevail (sorry, Anonymous Partner) — many lawyers will move into and out of government in the weeks before and after Inauguration Day.
For those who joined the Obama Administration early, three or four years is long enough to make them nostalgic for private sector paychecks. What use is a punched ticket if you never redeem it?
In fact, the movement has already started. Today we bring you news of two notable moves from the nation’s capital. One of them involves a lawyer leaving a top government post, and the other concerns an in-house lawyer entering the firm world….
Eric Cuellar (left) and Justin Teixeira (right). Image via Gawker (click to enlarge).
Think of this as like the law school version of The Hangover — except that an animal apparently was harmed in the making of this movie.
Over the weekend, we covered the sad and disturbing story of two Boalt Hall law students who stand accused of killing a helmeted guinea fowl. This allegedly went down in a wildlife habitat at the (unfortunately named) Flamingo Hotel in Las Vegas.
As we noted in an update, the bird was exotic rather than endangered (well, at least not endangered outside the Flamingo Hotel). But killing such a bird can still be charged as a felony, thanks to a 2011 amendment to Nevada law. And the Berkeley law students in question, Eric Cuellar and Justin Teixeira, have in fact been charged with felonies — conspiracy and the willful, malicious torture or killing of wildlife.
Let’s take a closer at the two men at the center of this flap. We’ve heard from some Above the Law tipsters who know them….
Nothing pisses off a lawyer more than uncertainty. Uncertainty gives rise to the risk of undermining the facade of perfect knowledge that attorneys prefer to convey to their clients. Given this character trait, it’s no surprise that the collective white-collar and corporate counsel community is freaking the hell out about every scrap of information it can glean from the Justice Department about its new Foreign Corrupt Practices Act (FCPA) enforcement policy.
So what exactly has these observant lawyers in a tizzy?
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 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;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 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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