On Friday, special prosecutor Michael McCrum secured an indictment of Texas Governor Rick Perry. Perry, whose 2012 campaign is the first abortion Republicans have celebrated in years, is accused of coercion and abusing his office when he threatened to, and subsequently did, revoke funding for the Public Integrity Unit. That unit is charged with rooting out government corruption, and Perry took away its budget because the district attorney in charge of the unit — a Texas Democrat — was convicted of drunk driving and wouldn’t step down. Perry thought she should leave her post because she had lost the public trust over her conviction and not at all because she had been investigating possible corruption related to Perry’s signature project, the Cancer Prevention and Research Institute of Texas.
If you don’t think this is shady and improper, you’re a hyperpartisan for Perry. Entirely obliterating the agency charged with protecting citizens from official corruption because you don’t like the person in charge — for whatever reason — smacks of overreach. Imagine Congress and the President zero-funding the Supreme Court because they wanted one justice to resign. It’s just cockroach hunting with a bazooka.
Still, is it criminal as opposed to just shady? That’s a different question. Law professors weigh in….
I would like to throw a brick at a cop in Ferguson. Any cop. All the cops. As a black male, I would like to fight back, violently, against the forces that have hunted me all my life, and will hunt my son all his life.
I’m not going to, but that is because history is not on my side. I no longer give a damn about the moral virtues of non-violence, but recorded history tells us that an oppressed minority population cannot succeed through violence. I don’t have a magic staff that can bring locusts and selectively drain or flood rivers, and without such a weapon, being peaceful out there is the only effective and reasonable option. I have just enough education to understand that, and just enough restraint to practice it. I believe in non-violence because it’s the only thing that works.
Thomas Jefferson has a famous quote about slavery. He was talking about the Missouri Compromise, which allowed Missouri to enter the union as a slave state (a fact way more relevant to the current situation than Mike Brown’s alleged shoplifting). On the slavery question, Jefferson offered: “We have the wolf by the ear, and we can neither hold him, nor safely let him go.” Everybody remembers that part, but here’s the next line: “Justice is in one scale, and self-preservation in the other.” Jefferson is talking about justice for the slave, and self-preservation for America.
What America has done since 1820 is to gain self-preservation for itself without granting justice to those it oppressed. It’s been a neat trick. Go ahead, name any “justice” statistic: incarceration rates, conviction rates, homicides, homicides by cop, death penalty rates, drug prosecutions, forced plea bargains, diversity in the police force, diversity on the bench, name ANY JUSTICE STAT YOU CARE ABOUT. You have just named a statistic that illustrates how African-Americans are denied equal justice as compared to white Americans.
* Robert Manfred Jr., formerly a partner of Morgan Lewis & Bockius, is now the commissioner of Major League Baseball, and he beat out another former Biglaw buddy from Kelley Drye & Warren to snag the job. [Am Law Daily]
* “My past is littered with the bones of men who were foolish enough to think I was someone they could sleep on.” Michele Roberts is the first lady to lead the NBAPU, and you don’t want to mess with her. [New York Times]
* In case you haven’t heard by now, Governor Rick Perry was indicted on Friday on felony charges of abusing his power in office. Aww, poor guy. Not for nothing, but we can’t wait to see his mug shot. [New York Times]
* Quinnipiac Law has a new building that cost $50 million, and it’s designed to hold between 400 and 500 students. With only 292 students currently enrolled, that’s a lot of wishful thinking. [New Haven Register]
* “This is a lawsuit against the lawyers for being lawyers, for doing what lawyers do.” It also seems to be a lawsuit that’s allegedly about sex, lies, illegal video tapes… and Waffle House. [Daily Report (reg. req.)]
This week, a Texas campaign ad and a Pennsylvania death penalty appeal each illustrate what happens when lawyers lose sight of for what — and whom — they claim to be working.
Wendy Davis, in the final throes of her Texas gubernatorial race against Attorney General Greg Abbott, launched a controversial campaign ad a few days ago. The ad accuses Abbott of “siding with a corporation over a rape victim,” spotlighting a 1998 Supreme Court of Texas case brought by a woman seeking damages from a vacuum manufacturer after a door-to-door salesman of the vacuums allegedly raped her in her home. A background check should have revealed that the man had a criminal history. Abbott was then a justice on the Texas court. He dissented from the majority’s decision in favor of the woman. Davis’s ad ignited heated debate, with even her supporters questioning the propriety of the ad. Abbott’s campaign called the ad “despicable.”
Meanwhile, on the other side of the country, the United States Supreme Court on Monday issued a highly unusual order in a Pennsylvania death penalty case. The Court asked the Pennsylvania Supreme Court Disciplinary Board to investigate and take appropriate actions against Marc Bookman, an attorney who filed a petition for review of Michael Eric Ballard’s death sentence. Ballard slaughtered four people in 2010: his former girlfriend, her father, her grandfather, and a neighbor who tried to help the family when he heard screams coming from the home. Ballard was sentenced to death in 2011. In November 2013, the Pennsylvania Supreme Court upheld the sentence. On June 23 of this year, SCOTUS denied Bookman’s petition to review Ballard’s case, but the Court then ordered Bookman to file additional responses about his relationship to Ballard. Apparently not satisfied by Bookman’s replies, the Court referred the case to the state disciplinary authority.
So, what’s the problem in either of these situations? Why the controversy? And what do they have in common?
Make fun of the University of Chicago Law School’s law-and-economics focus all you want. Their graduates make good use of the training, enjoying tremendous success in the business world. Some of them go on to become billionaires — and then make eight-figure gifts to their alma mater.
The legal eagle featured in today’s Lawyerly Lairs coverage isn’t a billionaire, but he has done very, very well for himself, in both business and politics. And real estate: he just sold his urban mansion for more than $11 million.
You’ll feel pangs of envy when you find out how little he paid for it — and when you see what a beautiful property it is….
* Maybe you weren’t excited about Hofstra Law School, but did you hear they now have bean bag chairs in the library? Well, that changes everything! [Virtual Library Cat's Eye View]
* An interview with Peter Kalis on the future of Biglaw, in which he states, “I cross bridges and burn them behind me.” Flame on! [Forbes]
* This essay sums up so much about the state of America through the lens of the killing of Michael Brown. [The Concourse]
* While we focused on the tale of Judge Mark Fuller, who spent some time in jail on a domestic violence accusation, he may be part of a trend — Judge Lance Mason was charged with felonious assault after allegedly punching and biting his wife while they were driving. Biting? [Cleveland Plain Dealer]
* Have you ever wondered how every law school can give its students “excellent” educations? [The Legal Watchdog]
* Failed Mississippi candidate Chris McDaniel is challenging a bunch of votes. Including his own lawyer’s. [Wonkette]
* Tim Corcoran, President of the Legal Marketing Association, chides state bar associations for meddling with the evolution of the legal profession. Video after the jump…. [Mimesis Law]
Ed. note: This is the latest post by Above the Law’s guest conversationalist, Zach Abramowitz, of blogcasting platform ReplyAll. You can see some of his other conversations and musings here.
At 30 years old, Ben Shapiro is a Harvard-trained lawyer, founder of Truthrevolt.org, editor-at-large at Breitbart.com, host of the (aptly named) Ben Shapiro Show, and a New York Times bestselling author of five books. He regularly appears as a guest pundit on Fox News and CNN and, just in case that list of accomplishments failed to adequately damage your self-esteem, Ben is also an accomplished violinist. Seriously, that’s enough to make the Tiger Mom herself, Amy Chua, throw up in her mouth.
The Wisconsin Supreme Court recently issued two rulings upholding 2011 Wisconsin Act 23, a state law requiring voters to present photo identification at polling places. The court ruled that mandating ID does not place a substantial burden on voters, nor does it create an unreasonable regulation on elections. The Seventh Circuit is still considering a challenge to the same law, however. In April, Judge Lynn Adelman of the U.S. District Court for the Eastern District of Wisconsin ruled that the law unduly burdens some voters, particularly low-income ones, and violates the Voting Rights Act. This week, Wisconsin Attorney General J.B. Van Hollen filed motion to lift the injunction created by Judge Adelman’s earlier ruling.
Wisconsin’s court battles reflect the nationwide debate about voter ID laws. Proponents of the laws argue that abuse is rampant, ID laws make a clear statement that corruption is intolerable, and requiring photo identification is a minimal burden.
Opponents of voter ID laws contend that voter fraud is rare, but voter suppression is likely. At the Washington Post, Justin Levitt argues that his extensive, nationwide research of election fraud reveals only 31 incidents since 2000. Levitt points out that more than 1 billion ballots have been cast in that time. Allegations of voter intimidation or suppression are common, though what counts as a criminal offense or civil rights violation may be hard to define. Physical threats obviously count. Jim Crow’s shameful legacy of literacy tests and poll taxes obviously do. Willful disinformation campaigns do. Whether insisting on photo identification, which may be more difficult for people in some communities to provide, counts as voter suppression is a much closer call.
Both sides offer up horror stories. True the Vote trumpets allegations of misconduct on one side, while the NAACP insists that election officials continue to suppress minority votes on the other. Mostly the discourse drops to the level of anecdote. Too often, the deciding factor reduces to which seems more plausible to you personally — that people who shouldn’t vote do, or that people who should don’t?
But some of you will still go to law school for the wrong reasons and pay rip-off prices. Ego, familial expectations, and peer pressure may play a role in your decision. So I want to finish the law-school-themed posts by issuing a warning to students and their parents about the consequences of graduating without a meaningful job and with six figure, nearly nondischargeable student loan debt….
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.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: