Kathleen Sullivan

The fabulous Elizabeth Wurtzel — the bestselling and critically acclaimed writer, who graduated from Yale Law School and is now a litigatrix at the powerhouse known as Boies Schiller — has a bone to pick with the bar exam. In a recent post on the blog of the Brennan Center — an organization that we won’t try to describe, since some of you objected vigorously to our last attempt — Wurtzel questions the value of the bar exam as a gatekeeping mechanism for lawyers. (Those of you frantically cramming for the test right now might agree with her.)

Wurtzel begins by noting how Kathleen Sullivan — the noted constitutional law scholar, former dean of Stanford Law School, and current name partner at Quinn Emanuel Urquhart & Sullivan — didn’t pass the California bar.

Wurtzel then argues….

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Update: Check out Part 2: The Conservatives.

As we were planning Above the Law’s Elena Kagan confirmation coverage, we got to thinking (always a dangerous thing around these parts): What if Supreme Court nominees didn’t have to defend themselves to the American public? What if the U.S. Senate’s constitutional privilege of “advice and consent” was revoked? What would the Court look like if the nominees didn’t have to even pretend to be moderate?

It’s a thought experiment that we’re sure has been done countless times before. But we’ve never done it, so we’ll plunge ahead.

Here are the rules: (1) The nominee should be unconfirmable. (2) The nominees on the right should make Elie angry; the nominees on the left should make Lat uncomfortable. (3) Mealy-mouthed moderates need not apply.

We decided to keep the five-four ideological balance of the current Court. Sure, we know that some people think that without the Senate, Presidents would nominate apolitical justices who have no discernible political slant. Sadly, apolitical justices = yawn.

In this post, Elie picks four pinko commie scumbags. In a future post, Lat will select five right-wing fascist nutjobs. Should be fun…

So, who are the SCOTUS nominees in the administration of President Elie Mystal?

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anna nicole smith.jpgDespite her death back in February 2007, Anna Nicole Smith (aka Vickie Lynn Marshall) continues to make headlines. From the Ninth Circuit comes bad news for her former lawyer (and lover) Howard K. Stern, and her daughter, Daniellynn. From E! Online:

[A court] said today that the estate of Anna Nicole Smith is not entitled to the $300 million-plus judgment previously awarded from her late oil tycoon hubby’s billion-dollar estate.

The court battle over Texas oilman J. Howard Marshall II’s millions has been ongoing since 1995.

You can download the opinion from the Ninth Circuit here [PDF]. You’ll see a familiar name on the list of counsel.

Kathleen Sullivan, new name partner at Quinn Emanuel, filed an amicus brief in the case for the Washington Legal Foundation, arguing in support of the decision by the Texas probate court that originally denied Smith’s claim to Marshall’s $1.6 billion fortune.

This could make for an appropriate last act in the forthcoming Anna Nicole Smith opera.

UPDATE: Congratulations to Dechert partner G. Eric Brunstad, the veteran Supreme Court litigator who represented the victorious estate of Pierce Marshall in this case. (Brunstad was also Lat’s bankruptcy law professor at Yale.)

Remember All Those Millions? Anna Nicole’s Estate Can Kiss ‘Em Bye-Bye [E! Online]
SF Appeals Court Denies Anna Nicole Smith Estate’s Claim To Millions [KTVU]
In re: VICKIE LYNN MARSHALL, Debtor. ELAINE T. MARSHALL v. HOWARD K. STERN
[U.S. Court of Appeals for the Ninth Circuit]

Kathleen Sullivan.jpgA question started percolating around the ATL offices this morning (your ATL editors do work out of an office, at least since our moms kicked us out of the basement): Is Kathleen Sullivan the FIRST female named partner in the Am Law 100?

We figured that surely there was at least one other firm that had a female partner with her name in lights. But we’ve thought about it, conferred with the ABA Commission on Women in the Profession, and googled around a little, and so far we’ve come up empty.
According to a spokesperson from Quinn Emanuel, Kathleen Sullivan is the Alpha female of the Am Law 100:

We believe she is the first female partner to be a named partner in the Am Law 100.

Is this possible? Were all of the top 100 firms named after old white men until today? All of them?

If you know of an exception, send us an email or put it in the comments. Please tell us that we didn’t have to wait until 2010 to cross this threshold. Regardless, we’re always happy to see a woman on top.

Earlier: CHECK YOU FIRM NAME: Quinn Emanuel Adds Kathleen Sullivan to the Stationery

Kathleen Sullivan.jpgAn ATL favorite, Quinn Emanuel, is making a change to its firm name. From the Quinn press release:

John B. Quinn announced today that the firm he and Eric Emanuel founded 25 years ago will change its name, and henceforth be known as Quinn Emanuel Urquhart & Sullivan, LLP. The decision to add Kathleen M. Sullivan as a name partner was made in recognition of her extraordinary contributions to the firm and the profession. Sullivan is a partner in the firm’s New York City office and heads the firm’s national appellate practice.

Congratulations to former Stanford Law School dean Sullivan.
Of course, now that she’s a name partner, we are eagerly awaiting for the ATL community to honor Kathleen Sullivan with her own meme. John Quinn doesn’t use capital letters. Bill Urquhart … really likes capital letters. We can’t wait to see what Sullivan comes up with.
Read the full press release, plus an UPDATE with some observations from Lat, after the jump.

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New attorneys for the next administration.JPGNew lawyers to lead the nation are sending in their résumés. Already, UC Berkeley School of Law Dean Christopher Edley has received a choice position as part of Obama’s transition advisory board. (I wonder if he’s accepting resumes from his students?)

Here’s an interesting choice for Edley and the rest of the transition team that will be picking the next Solicitor General. According to the Legal Times:

No woman has ever served as solicitor general, but a number have been mentioned as candidates for the job in an Obama administration. Stanford Law School professors Kathleen Sullivan and Pamela Karlan and Harvard Law School Dean Elena Kagan are possibilities, as well as Morrison & Foerster partner Beth Brinkmann and MetLife litigation counsel Teresa Wynn Roseborough.

They could also be considered to lead of the Justice Department’s Office of Legal Counsel, which produces legal opinions on complex matters for the attorney general and the president. Lawyers who have held both positions have gone on to become Supreme Court justices. Chief Justice Charles Evans Hughes and Justices Stanley Reed and Thurgood Marshall were solicitors general. The late Chief Justice William Rehnquist and current Justice Antonin Scalia once headed the Office of Legal Counsel. That experience could come in handy should one or more Supreme Court justices step down in the next four years.

Speculation has also centered on prominent African-American attorneys who may be ready to step forward:

Valerie Jarrett (Stanford, Michigan Law): Jarrett is a longtime Obama adviser, who’s now one of three people heading his transition team. She told the WSJ that blacks won’t be pigeonholed into “historically conventional” roles, such as secretary of housing and urban development or assistant attorney general for civil rights.

Other high profile positions after the jump.

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bar exam failures famous failed bar exam Abovethelaw Above the Law blog.jpg
Yesterday we wrote about Paulina Bandy, that poor creature who failed the California bar exam thirteen times, before finally passing it on try #14. Her story seems to have freaked out some of you who are sitting for the bar exam later this month next week.

Relax. Take a deep breath. You won’t wind up in a 365-square-foot shack in your mom’s backyard. We think.

Chances are, you will pass. And even if you fail the bar once or twice, you’re still not on your way towards Paulina Bandy-dom.

As it turns out, a number of well-known individuals — some famous for their accomplishments in law, and others for different reasons — didn’t pass the bar on the first (or even second) try.

To get the ball rolling, here’s a short list of a few bar exam failures. Check it out, after the jump.

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