* “It’s a fine line society walks in trying to be fair.” Justice Sonia Sotomayor spoke earlier this week on the perils of racial profiling with respect to the Chechen suspects in the Boston Marathon bombings. Were we fair here? [Associated Press]
* What keeps in-house counsel awake at night — aside from the tremendous piles of money they’re rolling around in? Apparently they’re expecting an “onslaught” of food labeling and data breach class actions. [WSJ Law Blog (sub. req.)]
* Susan Westerberg Prager, known for being the longest-serving dean ever at UCLA School of Law, will take up the deanship at another illustrious institution, Southwestern Law School. [National Law Journal]
* The February results for the New York bar exam are out, and with the highest number of test-takers ever, the pass rate was brutal. We may have more on this later. [Thomson Reuters News & Insight]
* Rhode Island just got a little more fabulous. The Ocean State legalized gay marriage yesterday, making it the tenth state to do so, and uniting New England in marriage equality for all. [Bloomberg]
* You’d think an intellectual property firm would know better than to commit copyright violations. [Law 360]
* Good news, law students! You can get a casebook for the low, low price of $200! [PrawfsBlawg]
* Rachel Ray sued for negligence in trying to help a teen lose weight. If the goal was weight loss, Rachel should have just forced the girl to exclusively eat from Rachel Ray’s cookbook. Nothing can turn someone off eating like that. [US Weekly]
This is the problem with allowing only one black person into your little club, be it your country club, your journalistic publication, or your Supreme Court. When you have only one black voice, the brilliant diversity of thought and opinion within the black community can be reduced to Samuel L. Jackson playing Steven, over-laughing and telling you exactly what you want to hear.
Or it can be reduced to one dude on a revenge jihad.
Regardless, if you are only going to let one black person in, it kind of matters who you let in. And that’s why so many people who believe in the advancement of civil rights have such a visceral, negative reaction to Clarence Thomas. It’s not because Thomas isn’t “black enough.” It’s not because he’s a “sell out.” Those are stupid terms that don’t really apply to Thomas anyway.
The problem with Thomas is that despite being the lone black voice in the institution of government that is best positioned to protect minority rights against the vagaries of majority rule, Thomas’s approach to racial justice can best be summed up as, “I got mine, screw the next generation.” The man is so unable to overcome the racism visited upon him that he holds the perverse view that laws that help minorities magically hobble them. Yet he’ll allow majority rule to hobble black people as they see fit. He thinks that the law singles out people as different, as opposed to the somewhat self-evident truth that people define others as different, and then use those distinctions to discriminate. He was hurt by white people thinking that he only got somewhere “because of affirmative action,” but instead of just dealing with it, he now seeks to block the path for others to follow in his footsteps.
Thomas might not want to be a “minority leader,” but he is by simple fact of his important position. Don’t take my word for it, take Justice Scalia’s. Personally, I think that Scalia is more than capable of coming up with his racist BS on his own, but the man just blamed praised Thomas for “leading” his thoughts down a more asinine path.
But it shows why it matters so much who you let in when you only let in one. And it shows why Thomas has been such a colossal failure as a successor to Thurgood Marshall….
* Awesome event last night in Houston. Met tons of great readers and am looking forward to another trip to visit you all. Thanks to Hearsay Gastro Lounge for hosting us! [Hearsay Gastro Lounge]
* And for those who weren’t there, we introduced our new sibling blog, Breaking Energy. So check it out if you’re interested in coverage of the energy sector. If you’re not following the energy sector, you are missing the future. [Breaking Energy]
* By the way, “Accidental Racist” was TOTALLY ON PURPOSE RACIST. [Thought Catalog]
* Should you take a document review job? My quibble with this post is the stance that some people don’t love contracting for document review. I know TONS of folks who have opted for these gigs so they can travel, raise a family, etc. [Constitutional Daily]
* “Vagueness in legal threats is the hallmark of meritless thuggery.” Y U Hate Biglaw? [Popehat]
* Really interesting follow-up on Reinvent Law. I have no joke here. It’s just interesting, so get off my back. [Adam Smith, Esq.]
* The fastest way to my heart is a compliment. And the best part of this job is that I can’t get a big head because the commenters keep me grounded by hurling invective at least two to one for each compliment. [Law and More]
This is a humdinger of an article. Harrison Barnes, the Malibu-based CEO of BCG Attorney Search (and its various affiliated companies like LawCrossing and EmploymentCrossing), has penned what can only be described as a diatribe in which he viciously mocks various employees he’s hired for their rank incompetence and embarrassing foibles.
He also elects to exhibit a panoply of racist, sexist, ageist, and ethnophobic attitudes along the way. It’s a stunning degree of openness for someone involved in the human resources business.
But the unintentional comedy throughout the piece is the realization that a recruiter is functionally admitting that he has no idea how hiring works.
If I ever go on a killing spree where I murder racist white people, I’m going to do it while wearing an expensive, tailored business suit. My racist victims will never see it coming. Because if there’s one thing I’ve learned about racist white people (as opposed to white people generally), it’s that they seem to be OBSESSED with how minority males dress. If you interviewed a casual, “don’t call me racist” racist, it’d go like this:
YOU: Do you think you can judge people based on the color of their skin?
RACIST: Just the skin?
RACIST: Well, like, probably not?
YOU: What about the clothes they wear?
RACIST: And their race? Clothes and race together??
RACIST: I mean [fidgeting] like [sweating] COME ON! If a WHITE GUY was dressed like one of those ni… urban youths, I’d judge him.
YOU: Yeah. And? So that makes it okay?
RACIST: EXACTLY! Just look at them. You can tell.
Sorry, I made that last line up. In the real world, when a judge is playing the role of “Don’t Call Me Racist,” the line is: “You can tell by their dress and attitude.” Truth is more prejudiced than fiction….
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….
* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR]
* Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times]
* Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters]
* Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily]
* Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain's Chicago Business]
* Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times]
* An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]
Maybe people in Mississippi should watch this to figure out why the Voting Rights Act is still important.
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….
* Above the Law promotes real-world change! Complaint filed against a Texas judge after we call him out for being RACEIST! [ABA Journal]
* 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]
* 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]
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