[T]he role of the district judge is not to gloss over serious issues for the sake of preventing additional work for the court. Rather, in a criminal trial, the judge is entrusted with the responsibility of ensuring that the constitutional rights of the accused are safeguarded from the whims of public opinion, prejudice, and expediency.
– Judge Martha Craig Daughtrey, in an opinion reprimanding Judge David Dudley Dowd Jr. for failing to remove a juror whose comments gave “some indication that he could not decide the case fairly and impartially” (due to its unsettling subject matter, child pornography).
A story that we thought couldn’t get uglier just did. Edward De Sear, a former partner at several top law firms who stood accused of child pornography distribution, pleaded guilty to four counts of distribution of child pornography and to sex trafficking of a child.
One could argue that federal sentences for mere possession or even distribution of child pornography are too high. As noted in a 2012 article in USA Today, in some cases “offenders who possess and distribute child pornography can go to prison for longer than those who actually rape or sexually abuse a child.”
But if you possess child pornography, distribute child pornography, and sexually abuse children in real life, you deserve to go away for a very long time. What kind of sentence did Edward De Sear receive?
* Justice Sonia Sotomayor thinks that the lack of diversity on the federal and state judiciaries poses a “huge danger,” one that might even be greater than her complete inability to dance. [Blog of Legal Times]
* Because “love [shouldn't be] relegated to a second-class status for any citizen in our country,” Illinois is now the 16th state in the U.S. to have legalized same-sex marriage. Congratulations and welcome! [CNN]
* “His discrimination claim was not about discrimination.” After only 2.5 hours deliberating, the jury reached a verdict in John Ray III v. Ropes & Gray, and the Biglaw firm came out on top. [National Law Journal]
* One thing’s for sure: big city bankruptcies ain’t cheap. Detroit has paid about $11 million to Jones Day, emergency manager Kevyn Orr’s former firm, since this whole process kicked off. [Detroit Free Press]
* Baylor Law is being overrun by a colony of feral cats. Someone please tell the administration these kitties can’t be used as therapy animals before finals — students will have their faces clawed off. [Baylor Lariat]
As many of our readers know, the job scene for recent law school graduates is more than a little rough around the edges. The employment rate is still way down for the “lost generation” of lawyers, and desperation and despair have started to rear their ugly heads. In times like these, you may have to do some crazy things just to get noticed by potential employers.
For example, back in July, we told you about a young man named Brian Zulberti. He emailed the entire Delaware Bar in an effort to procure a job, but he didn’t bother to include his résumé. Instead, he attached a picture of himself in a Villanova Law t-shirt, sleeves rolled up and guns blazing. After a quick search on Google, we found this poor young stud’s half-naked photos. His story went viral, and he has passionately (and perhaps foolishly) tried to extend his 15 minutes of fame ever since.
Even though he claims that he’s received several job offers as a result of this whole affair — and no, “not as a [sic] escort” — Zulberti is no longer in search of a legal job. Right now, he’s trying to bring justice to those who have been damned by the perils of social media in conservative professional spheres like the law. He wants these working stiffs to take back their social lives, and once again he’s emailed hundreds, if not thousands, of practicing attorneys, trying to spread the word about his movement.
And he thought the best way to inspire people to join his cause was to post pictures of his penis online…
You don’t often see federal courts striking down conditions of supervised release as violations of substantive due process. But you don’t often see the federal government wanting to hook up a device to a man’s penis, make the man watch pornography, and see what happens. It sounds a bit… 1984 (affiliate link).
I couldn’t help noticing this opinion, given its unusual nature and its focus on the peen. I’m sure you’re all dying to learn more about the procedure known as “penile plethysmography.” (The good news: it’s not as bad as a penile embolism or penile degloving.)
You know you want to see what those Second Circuit judges are hiding underneath their robes. Let’s dig a little deeper (into the opinion), shall we?
He may not look like much, but this little guy’s name is ‘John Holmes’ for a reason.
* A woman and her husband are charged with making dog porn, which is… well, it’s filming dogs having their way with the woman. So if you’re in North Carolina and get called for jury duty, that might be in your future. [Huffington Post Weird]
* Instead of a gun fight over getting cut off in traffic or someone dissing a sports team, this Russian guy opened fire with rubber bullets over an argument about Immanuel Kant. Much more cultured over there. [Critical-Theory]
* Gypsy family tries to pay bail with gold and the state judge cried foul, probably because he feared he was being… ugh. What followed was a thorough investigation of Romany culture. [New York Times]
* Judges in Chicago have to comply with a small sampling of the demeaning security procedures everyone else has had to deal with for the last 12 years and they deal with it graciously throw an absolute bitchfit. I mean, their complaints are sound, but still… [Chicago Sun-Times]
* Man held by authorities for peacefully protesting a photo enforced traffic light. Some things, like a guaranteed stream of city income, are too important to let free speech get in the way. [Autoblog]
* A judge has ordered a new trial for the cops convicted of the Danziger Bridge slayings in the aftermath of Hurricane Katrina. Among the reasons, the prosecutors were writing disparaging comments about the defendants on online comments sections. As if anyone takes internet commenters seriously. [The Times-Picayune]
* Only a few more hours to register for this event featuring Kathy Ruemmler, counsel to President Obama, talking about women in law, leadership, and government. [Ms. JD]
Circles around the water coolers in offices of the federal judiciary are very busy today. It seems that a rumor is circulating about a prominent conservative judge who allegedly posed for nude photographs before heading to law school. The photos, which made their way to badpuppy.com, one of the largest gay pornography sites on the worldwide web, depict a handsome young man staring into the camera, expressionless, his genitalia fully exposed.
If true, this would not be the first time that a respected jurist has inadvertently revealed what lies underneath their robes. Judge Wade McCree of Michigan bared it all when one of his sext messages was leaked to the public. Madam Justice A. Lori Douglas blushed red as a Canadian maple leaf when nude photographs of Her Honor engaging in bondage acts surfaced online.
On the other hand, if the gossip that is making the rounds is true, it would likely be the first time that a federal judge seated on one of the United States circuit courts has been caught with his pants around his ankles — or in this case, with no pants at all…
* The NFL has reached a $765 million settlement with the over 4,500 retired concussion victims whose injuries paved the way for the league’s success. [Sports Illustrated]
* Dennis Rodman confidante Kim Jong-un had his ex-girlfriend executed on pornography charges. Kind of puts the whole “revenge porn” thing in perspective. [The Telegraph]
* A lawsuit against Curt Schilling, based on allegations that he deceived the state into giving his company $75 million, will go forward. Like most conservative Republicans, Schilling saw no problem with taking millions in handouts from the government so long as poor people don’t get $4.50 a day for food. [Comcast SportsNet]
* Judge Mark Bennett (N.D. Iowa) ripped the Department of Justice for creating massive drug sentencing disparities because the DOJ went years without a policy for when prosecutors should double the prison time for repeat offenders. In Northern Iowa, that’s a LOT of meth heads in prison. [Des Moines Register]
* Attorneys for the Governor of Pennsylvania equate gay marriage to letting 12-year-olds marry. Just because a demographic calls everything “gay” doesn’t make them gay. [ABA Journal]
* Study shows academics use lots of adjectives and adverbs. This is really a very terrific and awesome study. [TaxProf Blog]
* REMINDER: OK NYU, Columbia, Fordham, Cardozo, and NYLS students! It’s time to send nominations to us for where you want us to go on the Great Above the Law/Kaplan Bar Review Bar Crawl. Send bar nominations to email@example.com, subject: “Bar Crawl.” See you on September 18th! [Above the Law]
* President Obama says he’s not changing his mind on the legality of marijuana “at this time.” I guess we need Biden to go on Face the Nation this time around to get some movement on the drug war. [Volokh Conspiracy]
* California lawmakers are looking to retool its “revenge porn” — the act of posting embarrassing sex pics/videos of a significant other who screwed you over — bill. Now California won’t be able to post all those amateur vids of the organizers behind Prop 13. [WSJ Law Blog (sub. req.)]
* New York just boasted the largest seizure of illegal guns in NYC history because a rapper used Instagram to show the world a whole mess of illegal guns. Sometimes you have to avoid that “pics or it didn’t happen” tweet. [ABA Journal]
* Michael Jackson’s estate is battling the IRS. The article coyly suggests that the estate has told the IRS to “Beat It.” What they don’t understand is the IRS, as a general rule “Don’t Stop ‘Til [They] Get Enough.” [TaxProf Blog]
* Justice Ruth Bader Ginsburg is definitely one of our favorite judicial divas. When asked if she thought the Supreme Court’s work was art or theater, she mused, “It’s both, with a healthy dose of real life mixed in.” [New York Times]
* According to the Citi Private Bank’s Law Firm Group report on the first half of the year, the legal industry should count itself lucky if it manages to meet last year’s single-digit profit growth. This “new normal” thing sucks. [Am Law Daily]
* Howrey going to celebrate these “monumental” settlements with Baker & Hostetler and Citibank? The failed firm’s trustee might throw a party when he’s finally able to file a liquidation plan. [Am Law Daily]
* Uncommon law marriage? A man stuck in an inheritance battle who lived with his late partner since 1995 now asks the District of Columbia to declare him common-law husband. [Wall Street Journal (sub. req.)]
* The ABA’s Section of Legal Education and Admissions to the Bar proposed a major overhaul to its accreditation standards. Action, of course, likely won’t be taken until next year. [National Law Journal]
* Despite the fact that these measures could help struggling graduates, law deans are at odds over the ABA’s proposed changes to tenure requirements for professors. [Capital Business / Washington Post]
* “Sooner or later you’ve got to make a choice, because you need enough revenue to cover what your expenses are.” Cooley will weather the storm by introducing a massive tuition hike. [Lansing State Journal]
* “How would you feel if you spent well over $100,000 on law school, only to have to spend an extra couple of thousand dollars on a course to get you to pass the bar?” You’d probably feel like everyone else. [CNBC]
* Requiring porn stars to wear condoms might not be sexy, but a federal judge says it’s constitutional. Don’t worry, unlike its actresses, the adult film industry won’t go down without a fight. [Los Angeles Times]
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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: