Minority Issues

The New Yorker recently published a profile of President Barack Obama, written by David Remnick. Eighteen pages and approximately 17,000 words long, it’s the sort of long-form journalism many of us yearn for in a blighted age of listicles and blurbs and click-bait articles the titles of which sound more like threats than topics of meaningful discussion.

In the piece, the President says:

“There is a historic connection between some of the arguments that we have politically and the history of race in our country, and sometimes it’s hard to disentangle those issues [ . . . ] You can be somebody who, for very legitimate reasons, worries about the power of the federal government—that it’s distant, that it’s bureaucratic, that it’s not accountable—and as a consequence you think that more power should reside in the hands of state governments. But what’s also true, obviously, is that philosophy is wrapped up in the history of states’ rights in the context of the civil-rights movement and the Civil War and Calhoun. There’s a pretty long history there. And so I think it’s important for progressives not to dismiss out of hand arguments against my Presidency or the Democratic Party or Bill Clinton or anybody just because there’s some overlap between those criticisms and the criticisms that traditionally were directed against those who were trying to bring about greater equality for African-Americans. The flip side is I think it’s important for conservatives to recognize and answer some of the problems that are posed by that history, so that they understand if I am concerned about leaving it up to states to expand Medicaid that it may not simply be because I am this power-hungry guy in Washington who wants to crush states’ rights but, rather, because we are one country and I think it is going to be important for the entire country to make sure that poor folks in Mississippi and not just Massachusetts are healthy.

When the President draws a connection between contemporary advocates of limited government and the vicious history of American apartheid, the public is wont to think that this connection is accepted truth. He sets a new starting point for discourse, a new baseline for measuring the claims of his political opponents. He leads the average citizen to think that there’s no argument needed for these conclusions . . . even though an actual argument is definitely called for to support accusations of this sort.

Nevertheless, he might be onto something. No. Seriously…

double red triangle arrows Continue reading “Obama Calls Out Federalism — Will Federalists Answer?”

Got a pedigree problem?

* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

* While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

* Hot on the heels of the SCOTUS stay, Utah has ordered its state agencies not to recognize any of the same-sex marriages that took place. Eww, Utah, you are being disgusting right now. [NBC News]

* The eminently quotable Chancellor Leo Strine of the Delaware Court of Chancery has been nominated to serve as chief justice of the state’s highest court. Best of luck with your confirmation! [Chicago Tribune]

* Law firm mergers rose by almost 50 percent after 88 firms joined forces throughout 2013 (a new record, according to Altman Weil). Let’s see if this year’s pace is as frenzied as last year’s. [Am Law Daily]

* The legal profession isn’t very good at diversity, especially in Texas. Here’s a not-so fun fact: just six percent of all equity partners at the largest law firms in Dallas are minorities. [Dallas Business Journal]

* “[I]t was the first time he had ever heard of someone being killed by a pair of underwear.” A man in Oklahoma was tragically killed after becoming the first-ever recipient of a fatal atomic wedgie. [News OK]


The Tiger Mother roars again.

That insecurity should be a critical lever of success is another anathema, flouting the entire orthodoxy of contemporary popular and therapeutic psychology…. Note that there’s a deep tension between insecurity and a superiority complex. It’s odd to think of people being simultaneously insecure but also convinced of their divine election or superiority.

– Professors Amy Chua and Jed Rubenfeld of Yale Law School, in their forthcoming book, The Triple Package: How Three Unlikely Traits Explain the Rise and Fall of Cultural Groups in America (affiliate link).

(The 8 superior ethnic cultural groups are listed below. Did yours make the cut?)

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Retiring to a stately manor in the countryside and spending your remaining days drinking scotch and smoking cigars. A quaint life away from it all, secluded from the hustle and bustle of all those people in the big city. That sounds like a lovely retirement plan. Or the ambition of an Austen protagonist. In any event, one young lawyer out there wants this retirement to become his reality, and he’s taken to the Internet seeking donations to fund his early retirement. He’s only seeking $5 million. That’s some expensive scotch.

If you want to help out this lawyer with a small donation, I guess there’s just one more tidbit of pertinent information you should know:

He has kinda run a designated hate group before….

double red triangle arrows Continue reading “Lawyer Seeks Handouts To Help Him Retire. There’s Just One Teensy Thing From His Past You Might Want To Know.”

We are not talking about all white people, or you white people in general. We are talking about whiteness as a system of oppression.

– Professor Shannon Gibney, an English professor at Minneapolis Community and Technical College, during an in-class discussion about white privilege. Issues involving Professor Gibney have given rise to student complaints, faculty reprimands, and litigation….)

double red triangle arrows Continue reading “Stuff White People (Don’t) Like: Being Accused Of RACEISM™”

It’s December, a big month for movies. This is the time of year when studios trot out some of their most prestigious pictures, hunting for Oscar gold, and when they release their holiday blockbusters, in the hunt for cold hard cash. With Christmas and New Year’s falling on Wednesdays this year (yay!), there should be ample time for moviegoing.

But some lawyers want to do more than just watch movies; they want to make them. Over the years, many lawyers have entered the film world, some on the business side and some on the creative side.

Interested in having some adventures in the screen trade? Let’s meet a Harvard Law School graduate who is now an award-winning writer and filmmaker….

double red triangle arrows Continue reading “From Harvard Law School To A Career In Film”

Over the holiday weekend, there’s been a lot of activity surrounding the racist law firm advertisement we wrote about on Wednesday. First, the firm’s Facebook page declared that the firm was the victim of hacking and that they absolutely did not sanction the ad for their firm posted on YouTube.

Then the head of the production company who posted the ad — and who employs the stereotypical character in multiple ads — wrote a missive swearing that it was hired by the firm and that they provided the script. The production company is also butthurt that Above the Law labeled the ad racist, even though the YouTube post openly trolls viewers to lighten up about its content. I wonder why they’d expect people to be up in arms over their content. Certainly not because they expect people to think it’s racist.

Now the law firm has sent us a direct statement, and this whole tale is super-crazy…

double red triangle arrows Continue reading “The Racist Law Firm Ad Update — The Maligned Law Firm Speaks”

Justice Ginsburg: a full-service wedding provider.

Ed. note: We’ll return to our normal publication schedule on Monday, December 2. We hope to see you at our holiday happy hour on Thursday, December 5 — for details and to RSVP (to this free event with an open bar), click here.

* Even in a post-nuclear world, Republicans can still block certain judicial nominees. [New York Times]

* A prominent Toronto lawyer has gone missing — and so, allegedly, has $3 million in client trust funds. [Toronto Star]

* Dewey see legal fees in the future for Stephen DiCarmine and Joel Sanders? Well, multimillion-dollar lawsuits won’t dismiss themselves. [Wall Street Journal (sub. req.); Law360 (sub. req.)]

* Congratulations to Matthew Layton, the new managing partner of Clifford Chance. [The Lawyer]

* And congratulations to Ralph Pellecchio and Jim Wernz, who were married by none other than Justice Ruth Bader Ginsburg — who even helped them write their vows. [Talking Points Memo]

Harry Potter: guilty!

* Sure, let’s have the whole “is now a good time to go to law school?” debate again. [WSJ Law Blog]

* Especially if you’re a minority, since white people are losing interest in law school. [Am Law Daily]

* Congress can’t even get its act together about real guns, so perhaps it’s no surprise that limits on fake guns are set to expire soon. [New York Times]

* Harry Potter was convicted of obstruction of justice. Just because you’re a wizard doesn’t mean you’re above the law. [Daily Utah Chronicle]

What the hell is this?

Well, I’ll tell you what it purports to be. It purports to be an advertisement for a personal injury law firm. Therefore, you’d expect it to have a bunch of testimonials from downtrodden people whose suffering is slightly eased by the BIG CASH AWARD that the law firm helped them secure. Then we’d see a pair of attorneys sitting on a desk in front of a bunch of law reporters swearing that they “will fight for you” with all the inflection and passion that Stephen Hawking would give that line read. It’s a pretty simple formula. The ads are always terrible, but they’re safe. And if you’re going to take a risk, try to make an awesome ad like this one.

Or you could just hurl racist imagery at us with the production values of a public access program….

(Please note the UPDATES added below.)

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