* 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]
* 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]
Recently, the Kentucky Supreme Court rejected a registered sex offender’s application to sit for the Kentucky bar exam. Guy Padraic Hamilton-Smith pled guilty in 2007 to a single charge involving the “possessing or viewing of matter portraying a sexual performance by a minor.” He received a five-year suspended sentence but was ordered to register as a sex offender for the following twenty years. Hamilton-Smith graduated from the University of Kentucky College of Law in 2011. Since graduating, he has been working in a non-lawyer position for the Lexington firm of Baldani, Rowland, and Richardson.
The Kentucky Office of Bar Admissions denied Hamilton-Smith’s application to sit for the bar exam, citing character and fitness concerns. The Office also asked the Kentucky Supreme Court to create a rule that would have kept all registered sex offenders from joining the state’s bar, but the court opted against that suggestion. Instead, the court wants the Office of Bar Admissions to consider bar applicants with sex-offender registration on a case-by-case basis.
What were the particular circumstances in Hamilton-Smith’s case that led the Kentucky Supreme Court to deny his application, despite not creating a blanket rule? Was it the right outcome?
[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]
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
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.