The media has toppled a barrel of digital ink on the issue of Justice Ginsburg’s insistence on retaining her seat on the Supreme Court. Above the Law has even mentioned it once or twice or thrice. Like any other conventional wisdom story emanating from inside the Beltway, someone raised the issue, Justice Ginsburg said “no,” and then scores of pages were written explaining how she was wrong. And now, as that’s played itself out, scores of pages are going to be written taking the stance that maybe Justice Ginsburg… isn’t wrong?
Well, she is wrong, and bucking the trend of conventional wisdom makes for fun thought experiments, but isn’t as helpful when it comes to discrete, short-term decision-making. The thinking is all too clever by half and should be heaved onto the bonfire of civil liberties Scalia has cooking in his mind….
Last month, the U.S. Supreme Court issued two eagerly anticipated rulings in major gay marriage cases. In United States v. Windsor, the challenge to the Defense of Marriage Act, the Court struck down Section 3 of DOMA. In Hollingsworth v. Perry, the challenge to California’s Proposition 8 ban on gay marriage, the Court held that the petitioners lacked standing to appeal, vacated the decision of the Ninth Circuit, and remanded with instructions to dismiss the appeal for lack of jurisdiction. This left the district court’s ruling intact and had the effect of allowing same-sex marriages to take place in California (although there’s some litigation winding its way through the courts on this matter).
Now that we have the decisions, let’s take a deeper dive into them. What do they reflect about the Court’s role in society? And what can we expect from future SCOTUS rulings in this area?
* Is the D.C. Circuit is okay with TSA screeners touching your junk? Professor Orin Kerr discusses an opinion handed down today. [Volokh Conspiracy]
* According to his mother, Mercer Law grad Stephen McDaniel — a “person of interest” in the investigation of the death of Lauren Giddings — would like to serve on the Supreme Court someday. He might want to get a haircut first. [Macon.com]
* Johnson & Johnson will have to fix several factories after an agreement with the FDA prompted by massive product recalls. This still doesn’t explain why my bottle of Tylenol may contain tree nuts. [Bloomberg]
* Charlie Sheen hammered out a custody agreement With Brooke Mueller. That’s nice. [People Magazine]
* Texas may consider a law that would make losers pay attorneys’ fees. Easy, New York Mets. Not all losers. Just those who lose lawsuits. [New York Times]
* A discussion of the legal complaints lodged against the Wisconsin Legislature for Wednesday night’s votes. You know who’s not complaining? This guy. [Wisconsin State Journal]
* A former assistant attorney general from Maine was sentenced yesterday in a child porn case. This is definitely the year of the assistant AG. [ABA Journal]
Happy Birthday Nino
* Not all people living in Idaho are racists, duh. Some are gangsters from Boston. [New York Times]
* Law firm profits and productivity were up in 2010, while demand was flat and revenue was modestly up. Someone named Dan DiPietro and someone named Gretta Rusanow tag-teamed a report all about it. [Am Law Daily]
* A former McGuireWoods partner pleaded guilty to falsifying a tax document. [ABA Journal]
That’s the question posed by Linda Greenhouse, former Supreme Court correspondent for the New York Times, in an extremely interesting post on the Opinionator blog. In attempting to address “why other countries [don't] suffer from the same toxic confirmation battles that we do,” she first notes that other nations don’t give their judges life tenure:
High-court judges [in other countries] typically serve for a single nonrenewable term of 9 to 12 years — a period during which Supreme Court justices in the United States are just getting warmed up. These shorter terms ensure frequent turnover and allay fears about a party in power being able to lock up the court for decades through the fortuity of a large number of vacancies; each vacancy naturally carries less weight.
But we’re guessing that Greenhouse, whose politics tend to fall on the left side of the aisle, actually likes having life-tenured judges who are completely unaccountable insulated from the political process. So she tosses out another idea….
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.
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: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
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.