But you need to stay on her good side; if you tick her off, woe unto you. Let’s check out the Beloved World (affiliate link) — of pain — that Her Honor just inflicted on a federal prosecutor down in Texas….
- Attorney Misconduct, Benchslaps, Drugs, Minority Issues, Racism, SCOTUS, Screw-Ups, Sonia Sotomayor, Stephen Breyer, Texas, Trials, U.S. Attorneys Offices
My mother was born in 1950 in Mississippi. I’ve been to Mississippi. There are still brothers trying to escape to freedom from Mississippi.
Today the big story (at least in liberal circles) is that Mississippi finally officially ratified the Thirteenth Amendment, after two Ole Miss employees saw the movie Lincoln and decided to look into why their state hadn’t officially ratified the amendment. You can’t make that up: Mississippi needed a Spielberg movie to remind them to ratify the amendment banning slavery. I can’t wait till Mississippi sends an expedition to Isla Nublar to check into this whole
“dinosaur situation” “Jesus Horse situation.”
You can see why liberals love this story. It’s the perfect deep south story: a tradition of holding people in bondage, slow response times, and incompetence.
And I’d leave it at that.
Except that as the Supreme Court gears up to eviscerate the pre-clearance requirements of the Voting Rights Act, it’s important to remember that not all states are created equal….
- 2nd Circuit, Cyberlaw, DealBreaker, Free Speech, Kellogg Huber, Racism, SCOTUS, Sentencing Law, Supreme Court
* If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]
* If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]
* Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]
* Federal District Judge John Lungstrum calls out a couple trial teams for terrible trial work. Biglaw litigators may not be the best trial attorneys? You don’t say. [New York Personal Injury Attorney Blog]
* Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]
* Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]
* SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]
How does a federal judge know when it’s time to retire (not just senior status, but complete and total retirement)? Well, how about when he starts making bizarre, offensive, and racially charged comments — on the record?
We now have judicial notice that making jokes about the president and fried chicken is probably racist.
Granted, “all these years, I thought I liked chicken because it was delicious.” But living up north, it’s pretty well-established that suggesting black people have a predisposition for eating chicken is prima facie racist and likely to start a fight. That’s not because I’m “sensitive” or “playing the race card.” It’s because generalizing about the foods black people eat has been used as a tool for racial stigmatization for a long time in this country.
That history somehow escaped Judge Lynn Hughes.
We’ve written about Hughes before. He’s a guy who can throw a benchslap. He’s also a guy who has been described as “[u]nquestionably the single worst judge in the Southern District of Texas” on The Robing Room (where lawyers can post anonymously about judges).
But one of his flippant remarks to an African-American plaintiff drew the ire of the Fifth Circuit, even as they were affirming his ultimate result.
You know that you have strayed a little too far from the flock when the Fifth Circuit (Texas, Louisiana, and Mississippi) is schooling you on racial sensitivity….
* Look, I’m only one man, I can’t refute it every time the New York Times advertises going to law school using terrible arguments. I mean, Dealbook just let a law professor tell people that this is a good time to apply to law school… because all the smart people aren’t taking the LSAT. I just don’t know what to tell people who are persuaded by that. [Dealbook / New York Times]
* Should kidnapping somebody and forcing them to repair your house after a dispute about the quality of their work be illegal? Or should we just call this “specific performance”? [Gawker]
* Florida legislators throw down with the governor over early voting. Will Florida governor Rick Scott relent? Or is he going to double down on suppressing the vote? [Think Progress]
* What constitutes a sham Senate session exactly? [Huffington Post]
* Are you a lawyer on a deferral or a fellowship looking for an interesting project to pick up? If so, check this out. [Idealist]
* Are you looking for something fun to do in New York City tomorrow night? If so, check this out. [Above the Law]
I must confess to having a tin ear when it comes to issues of race. My view on racial issues is like my view on sports: What’s the big deal? Why does everyone care so much?
Perhaps it’s because I’m Asian; we tend to be bystanders as African-Americans and whites yell at each other. Perhaps it’s because I’m Filipino-American; we are
total mutts a very hybrid people. Not to go all Fauxcahontas on you, but according to my (not genealogically verified) family lore, I have Malay, Chinese, Spanish, British, and Czech ancestry.
And thanks to the rise of intermarriage in the United States, my kind of ethnic hybridity is the wave of the future. In fifty or 100 or 150 years, more people will have my blasé attitude about race because “race” as a concept will be so much less salient. To tweak the famous words of Chief Justice John Roberts, “The way to stop discrimination on the basis of race is to intermarry so much so that nobody knows what race anybody else is.”
In the meantime, though, there’s plenty of racial tension to go around. Today we bring you allegations of racism at a law school, countered by allegations of playing the race card (i.e., crying racism in bad faith or without sufficient proof).
Let’s take a look at the latest heated controversy, taking place at a top law school….
Now it appears that the decision on Dean Berman’s replacement is also steeped in controversy. Today, GW Law named Professor Gregory Maggs as its interim dean. In so doing, the school passed over their Senior Associate Dean, Christopher Bracey. Instead of promoting Bracey into the interim dean position, he’ll stay on at GW, under Maggs.
This seems like a good time to point out that Maggs is white and Bracey is black.
And so let’s play our game, because a member of the GW Law Faculty, who is also black, had a real problem with the decision to pass over Bracey. She called it “not the law school’s finest hour” in a message to the entire faculty. And then she subtly told another faculty member to go jump in a lake.