* Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks]
* Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,’” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog]
* Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9]
* The most important Supreme Court decision you’ve never heard of! Well, except I have heard of it. In fact, there was a year-long college debate topic about it. But it’s still important. [Washington Post]
* What’s the appropriate sentence for having a dog off a leash? Confining the guy to a seven-county area? [LA Weekly]
* Things to do in Denver when you’re a lawyer: allegedly scam a few million off a client. [Denver Post]
* Meet the lawyer who came up with the quirky reading that got the D.C. Circuit to temporarily derail Obamacare. [Wall Street Journal]
* Meanwhile, this title says it all about Halbig: “Well, Conjecture, Tendentious Misreadings, and Cherry Picking Are Kinds of Evidence.” Pour a little out for Lionel Hutz. [Lawyers, Guns & Money]
* Mayer Brown wants you to think the Supreme Court wasn’t tilted toward business interests this Term. Yes, we all know how Homer City turned out, but maybe it’s worth evaluating this based on how important the cases were. Is Petrella really equivalent to Noel Canning? [Mayer Brown]
* Not one, but two former Utah Attorneys General charged with corruption. [Deseret News]
* The CFPB brought suit against a debt collection lawsuit mill. A working CFPB. One more great thing we used to get from recess appointments. Thanks Breyer. [CFPB]
* Oh no. A law school tuition Kickstarter. [Kickstarter]
* New York tried to help homeowners facing foreclosure. Unfortunately, the law didn’t create a remedy if the banks refused to follow the law. Well, it was our fault for thinking Albany could do something right. [WiseLaw NY]
The world of specialty license plates is a complicated intersection of private douchebaggery and governmental robbery. Why do we even have to pay for a license and registration? The government shouldn’t be jacking people with a hidden tax — a hidden regressive tax that hits poor people harder than the rich — for the “privilege” of complying with the government’s own requirements.
Meanwhile, if the car is an outward, rolling expression of your inner self, then the vanity license plate is the part of yourself that is an ass. The level of narcissism it takes to tell people stuck behind you on the Major Deegan that you “LVB00B$” is astounding.
The government should either get out of the charge-for-plates business, OR they should give everybody the same freedom you get when you sign up for Gmail. If Nigerian princes can find me over email easily enough, then surely the state trooper can run “em1@NYS” when he pulls me over.
Winston Churchill once said, “If Hitler invaded hell I would make at least a favourable reference to the devil in the House of Commons.”
This quote springs to mind when confronted with the ongoing legal tussle over the “revenge porn” site Pinkmeth.com. As vile as that business may be, the intrepid attorney battling to shut it down has an ally with a reprehensible past of his own — like fronting an organization recognized by the Southern Poverty Law Center as a bona fide hate group. It’s a legal conflagration that makes you want to cast a pox on both houses and curl up in the fetal position and pray for humanity.
But in the wake of the latest lawsuit filing, the two sides took to Twitter to lower the debate with public sniping.
Just like that, it’s the rest of us that win….
UPDATE (7/10/14 4:37 p.m.): The attorney involved in this suit, Jason Lee Van Dyke, has drafted a response to my post, which you can read on page 3. If you’ve already read this post, you can jump directly to page 3 here.
“Power concedes nothing without a demand.”
– Frederick Douglass
Washington & Lee has displayed Confederate flags in the chapel dedicated to Robert E. Lee since the 1930s… and now they won’t. All because 14 black Washington & Lee law students demanded that the university stop. Those students risked the consequence of potential employers who could and probably still will label them as agitators. They risked disapprobation from those in the dominant culture who still expect black people to “just get over” slavery, racial oppression, and continued racism. They risked time, energy, and stress that could have been devoted to finals or networking or just finding a good microbrew.
You remember that movie Ghost World? Me neither. It starred that girl from American Beauty and that girl from Lost in Translation and Steve Buscemi Eyes and the kid from The Client (R.I.P.). But none of that matters! What matters for our purposes today is that the plot involved signs from something called Coon Chicken Inn. Spoiler alert: that place actually existed! It was a chain of three fried chicken restaurants that trafficked in succulent breast meat and crazy f**king racism. According to its wiki entry, Coon Chicken Inn even possessed trademarks. Real, valid, honest-to-God trademarks.
This week, the Washington Redskins were adjudged to be more racist than Coon Chicken Inn. Well, not exactly. Specifically, the Redskins trademark was cancelled on the grounds that it was “disparaging to Native Americans.” You can read Elie’s take and the actual decision itself here.
But what if I told you that Coon Chicken Inn was just the tip of the racist iceberg? What if I told you that same iceberg is racist sexist, and homophobic? Is that an iceberg you would be interested in investigating?
Let’s muck around in the fever swamps of America’s offensive trademarks and the shaky legal edifice that has been erected around them, shall we?
* 17 bizarre lawsuits. I don’t know, I view the people making sure I get every delicious inch of my meatball sub as heroes. [Crime Wire]
* Dallas just threw its support behind reparations for slavery. Because obviously they didn’t bother to read the resolution. Democracy in action! [Gawker]
* J. Christian Adams misunderstands an election law. This shocks me not at all. In the past, he complained to me that Pam Karlan didn’t understand voting rights based on a panel I covered. She’s now the Deputy Assistant Attorney General for Voting Rights and Adams is still spouting off (affiliate link) about how the DOJ is bending over to service the Black Panthers. [Election Law Blog]
* Did you know the history of drones in America dates back to the Civil War? Well, now you do. And knowing is some proportion of the battle. Infographic below…. [Criminal Justice Degree Hub]
This image constitutes fair use. Not that Washington can do much about it now anyway.
‘The Court concludes that the [Board’s] finding that the marks at issue ‘may disparage’ Native Americans is unsupported by substantial evidence, is logically flawed, and fails to apply the correct legal standard to its own findings of fact.’ Those aren’t my words. That was the court’s conclusion. We are confident that when a district court reviews today’s split decision, it will reach a similar conclusion.
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
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