* Killing me softly with taxes, killing me softly, with taxes, taking my whole life, with levies, killing me softly, with these taxes. [Going Concern]
* Texas GOP Platform says that they oppose teaching critical thinking skills to children. The party says it was a typo, but given how many people can’t think themselves above 150 on the LSAT, I don’t think they have anything to worry about. [Talking Points Memo]
* So, does this mean that Republicans don’t think the government can mandate ultrasounds, or what? [Huffington Post]
Only two things are certain in life: death and taxes.
The Supreme Court has upheld the Affordable Care Act (aka Obamacare). Chief Justice John Roberts has upheld the individual mandate. But not under the Commerce Clause. Instead, Roberts has said that the law can proceed under Congress’s ability to tax.
It’s a tax. That thing that Democrats were trying so hard not to do so Republicans couldn’t call Obama a “tax and spend” Democrat is now called a tax by the Supreme Court. And now it’s a victory. Until the GOP starts saying that Obama “raised your taxes.”
I LOVE AMERICA. It’s so funny sometimes.
Oh, we’re going to have more coverage after the jump, including the vote breakdown (and other updates)….
* Today’s court session is business as usual for SCOTUS, because the justices always seem to save the “best” for last. And now I’ll have that stupid Vanessa Williams song stuck in my head all day. Sorry if I got it stuck in yours, too. [National Law Journal (reg. req.)]
* Meanwhile, over at the White House, the air was thick with the sound of silence on the eve of the Supreme Court’s ruling on the Affordable Care Act. More than willing to bet that President Obama probably didn’t sleep too well last night. [Los Angeles Times]
* “If she dies and Romney wins, the Supreme Court will be the most conservative in history.” Oh, please. Stop giving Ruth Bader Ginsburg flak for being too old, and learn to respect your elders — she’ll quit (or she’ll croak) when she damn well feels like it. [New York Times]
* Peter Madoff will plead guilty to two federal charges at the end of the week. He’ll probably serve ten years in prison. In the long run, that’s nothing compared to big brother Bernie’s 150-year sentence. [Bloomberg]
* Reason #11ty-billion why we <3 Flori-duh: a judge rejected the DOJ's request to block Florida's voter purge, and Governor Rick Scott, of course, was pleased as punch, calling it a "common-sense decision." [POLITICO]
* Megaupload wins again: a New Zealand court ruled that the search warrants used to raid Kim Dotcom’s mansion were illegal because they failed to “adequately describe the offenses to which they related.” [Reuters]
* Loan debt will allegedly make you do some pretty crazy sh*t. Jason Bohn, the law school grad featured in an NYT article about the perils of law school, now stands accused of murdering his girlfriend. [New York Post]
* The ABA Journal wants to know if you think your law school’s name and reputation affected your career path. Well, the first comment on my first post was “the what what school of where now,” so you tell me. [ABA Journal]
Thursday the Supreme Court will sit for its final session of October Term 2011. The Court will issue opinions in all the cases pending before it. For example, the Court will let the American people know whether they ever have a right to lie.
The Court will also rule on the case that, according to a sign I saw earlier, presents the question of whether we need to “Get The Feds Out of Medicare.” I’m not sure about the details of that case though, because it hasn’t gotten much press attention (I only read the Bicycle Times).
Today, however, the Court issued two opinions in argued cases. The fun in the courtroom was not in the opinions, but in the dissents….
It's their world and we're all just playing in it.
* This is a great article on why the Supreme Court doesn’t leak, while more important institutions, like our national security apparatus, leak like a freaking sieve. [New Republic]
* Most law professors think the Affordable Care Act is constitutional. Most law professors think the Supreme Court will overturn the ACA anyway. ARE YOU NOT ENTERTAINED? [Bloomberg]
* And now for some SCOTUS thoughts from the amazingly amorphous Mitt Romney. Look at his works in equivocation, ye mighty, and despair. [Washington Post]
* You know, I don’t know how they afford this stuff, but having an inalienable right to “paid vacation” really feels like the kind of European invention we should be emulating. Good ideas can come from anywhere, folks. [Legal Blog Watch]
* Letting students sit for the bar exam after their second year but then making them come back to school for an even more obviously useless third year is a great way to make somebody have a total mental dissociative break. Just imagine calculating how much money you’re being forced to waste while you sit there in a 3L seminar called “Law and Ceramics.” [Faculty Lounge]
* Oh, I like this. The little Democrat in me can’t help but like this: a “global” financial transaction tax. Mmm… there’s nothing like the smell of global redistributive fairness. [Overlawyered]
* Jonathan Turley seems hurt that Ann Althouse and other conservative academics acted in a way that shows “we have lost the tradition of civil discourse in this country.” Yeah, umm, Professor Turley, perhaps you didn’t read the footnotes, but here on the internet we don’t have a tradition of civil discourse. We do have a tradition of ad hominem attacks, hyperbole, and pictures of cats. [Jonathan Turley]
This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.
In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….
Both methods predict that Obamacare is going down.
The Post has not opined on a more reliable method to learn what the Court’s decision will be: chill out and wait for the Court to issue its decision next week. But they have pages to fill; one can forgive a bit of silliness.
The Court did, however, issue four opinions today, in some of the big cases on its docket.
* “At the Supreme Court, those who know, don’t talk. And those who talk, don’t know.” If that’s the case, then there must be a lot of people who “don’t know” — it’s rumored that the Court’s decision on Obamacare will be released today. [CNN]
* Dewey know what kind of news this week’s conference call will bring for the failed firm’s former partners? On Tuesday afternoon, we might get some information on the status of a global partner contribution plan. [WSJ Law Blog]
* Guys in my high school ambassadorial nominations pool used to have extramarital affairs with WSJ reporters all the time, it was no big deal. Obama still supports Brett McGurk, despite his racy emails. [Reuters]
* The $64,000 question in the Jerry Sandusky case: will the allegedly histrionic former football coach take the stand to testify in his own defense? He should, because apparently it’s his “only shot.” [Legal Intelligencer]
* Looks like Facebook decided to initiate the use of a proverbial “dislike” button when the company pointed the finger at NASDAQ in defense against dozens of lawsuits over its incredibly glitchy IPO. [New York Daily News]
* It’s actually possible to have an “offensive personality” as a matter of law: former prosecutor Kenneth “I Am the Prize” Kratz will plead no contest to six ethics violations for his sordid sexting scandal. [Associated Press]
* “Careful … that is a Lewis [sic] Vuitton.” It seems that at least one federal judge in Manhattan holds comedic value to a higher standard than our favorite fashion house’s trademark infringement claims. [Chicago Tribune]
* Loose lips may sometimes sink ships, but not all gossip is bad. After all, without gossip, your ATL editors wouldn’t be able to bring you some of the juiciest stories out there in the legal world. [New York Times]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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