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.
Student members of the Union Council at University College London recently banned the “Nietzsche Club” from campus. Well, not really “banned,” as much as told the group it can no longer proclaim an affiliation with the school. The Council reasoned that the club was promoting a fascist ideology. Nietzsche fanboy Brian Leiter took a break from making up s**t from whole cloth to pen a stirring defense of the Nietzsche Club, pointing out that Nietzsche wasn’t really a fascist and noting that true Nietzsche scholars understand that he’s not the racist Nazi inspiration that everyone thinks he is.
Unfortunately for Professor Leiter, the student group in question totally digs Nietzsche for all the racist and fascist reasons.
Brian Leiter went off half-cocked on the internet? Wonders will truly never cease…
* We’ve discussed the troubling statistics showing that black people are by and large shut out of career advancement in Biglaw. Aric Press, editor-in-chief at ALM, discusses the study with Lee Pacchia below…. [Mimesis Law]
* The U.S. Patent and Trademark Office has been operating without a director for almost a year and a half, and Sen. Orrin Hatch is calling it “inexcusable.” Here’s his politely pissed off letter to President Barack Obama. [Corporate Counsel]
* Weed has been legal and free flowing in Colorado for months, but now the state is starting to see its dark side. It seems morons who get too high are accidentally killing themselves and others. [New York Times]
* InfiLaw’s bid to purchase Charleston Law reached the pages of the NYT, with a shout-out to one “scrappy website” that referred to the company by its one true name: “diploma mill.” [DealBook / New York Times]
* “Why would you bring black people into the world?” An ex-lover/employee of Donald Sterling is suing him for racial and sexual harassment over lovely comments like this. She’s repped by Gloria Allred. [CNN]
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.