It’s often noted that the United States is governed by the world’s oldest written constitution that is still in use. This is usually stated as praise, though most other products of the eighteenth century, like horse-borne travel and leech-based medical treatment, have been replaced by improved models.
– Jeffrey Toobin, writing in the New Yorker about whether the current dysfunction of the federal government might be due, at least in part, to the Constitution.
(Additional notable quotes from his interesting article, after the jump.)
* A DWI attorney shows up to court drunk. Kicker? He was in the wrong courtroom. Still, the best way to defend a client is to stumble a mile in their shoes. [KRQE]
* A sitting appellate judge shares his poetic stylings. [Law Poetry]
* Here’s a brutally honest letter from a hypothetical senior Biglaw partner to a new associate. Since this week established that we need to point this out, this is a satirical letter. [Associate's Mind]
[T]he dislike [for legal academics] is a result of law professors being too much in the world. You see, law professors — and I should disclose here that I am one — very nearly run the world, or at least certain parts of the U.S. government. When you include Justice Anthony Kennedy, who taught nights, they make up the majority of the Supreme Court.
In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)
In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….
* The Southern District of New York: gay bench, or the gayest bench? Like fellow S.D.N.Y. nominee Paul Oetken, Alison Nathan is an openly gay lawyer who clerked for SCOTUS and served as an associate White House counsel. [Poliglot / Metro Weekly; Main Justice]
The justices are human — and the more we let them be human, the better job they will do. Let the unthinkable be said! If the medieval vestments are making people think the justices should be monks, then maybe, just maybe, we should to do away with those robes.
— Noah Feldman — professor at Harvard Law School, one-half of celebrity couple Feldsuk, and author of a new book about the Supreme Court — in a very interesting New York Times op-edpiece, criticizing the view that the justices can (or should) be completely divorced from politics.
Now that you’ve figured out what to give your secretary this holiday season, what about the lawyers in your life? Many of you have friends or family members who are lawyers or law students, and if you haven’t done so already, you need to get them — forgive the expression — Christmas presents (or holiday gifts, if you prefer).
Lawyerly types can be tough to shop for. As we’ve previously discussed, lawyers aren’t great about giving gratitude, and they’re often very critical — so your gifts might not be warmly received. Also, many lawyers earn good incomes, meaning that when they actually need or want something, they often just go out and buy it themselves (or let their firm to buy it for them — e.g., the iPad).
So what should you get for the lawyers in your life this holiday season? We have some suggestions….
Whatcha doin’ for New Year’s? Unless your plans include the words “Diddy” and “yacht,” they’re not as fabulous as this fête:
Some explanation is in order. This party is being brought to you by one of America’s brightest legal minds: celebrity law professor Tim Wu, of Columbia Law School. (We don’t know who this “Sue” character is.)
If you haven’t read ATL’s fawning past coverage of Professor Wu, here’s one detail that says it all: Richard Posner calls him “the Genius Wu.” Need we say more?
The invite list is equally spectacular. It includes these legal luminaries:
(1) Noah Feldman, the hottie-cum-public-intellectual that Harvard just lured away from NYU;
Memorably described as a “lush Persian beauty,” Farhadian belongs on a Milan runway, a top-five law school faculty, or both.
All of these celebs — like their host, Tim Wu (Breyer/OT 1999) — are members of the Elect. Professors Feldman and Roosevelt clerked for Justice Souter (in October Terms 1998 and 1999, respectively). Farhadian clerked for Justice O’Connor (in October Term 2004).
But Feldman, Roosevelt and Farhadian, in all of their blinding brightness, might be eclipsed if a single invitee makes an appearance at the festivities.
Allow us to paraphrase JFK’s famous words about Thomas Jefferson:
“I think this will be the most extraordinary collection of young legal celebrity and fabulosity that has ever been gathered together at a party — with the possible exception of when Aquagirl swam alone.”
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
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