* The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]
* Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]
* Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]
* North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]
* If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]
* It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]
When it comes to paying for law school, most of us fill out paperwork to secure shiny loans that haunt us for years to come. But there are a few students who think outside the box. Law school tuition Kickstarter campaigns crop up from time to time. There was also a website set up to sell future income streams in exchange for debt payments. Generally, these efforts to outsource student debt are the work of narcissists unwilling to take personal responsibility and pay for their life decisions.
And then we see something like this:
God asked me to go to Law School for the good of the Kingdom of God. Help me raise $28,500 by 5/1/15!
Well, that’s a horse of another color! It’s not that you want a law degree without having to suffer the consequences of your actions, it’s that God wants it. Nothing reflects the model of Jesus Christ more than getting what you want without suffering at all.
Let’s check out this plea for a free law school education — complete with its own movie trailer!
* Per the latest Gallup study, Republican approval of SCOTUS is up, while Democratic approval is down. Gee, considering how the biggest cases of OT 2013 went down, no one should be terribly surprised by this news. [New York Times]
* Will our leader make the grade? Law profs wrote a strongly worded letter to President Obama, asking that he not include a religious exemption in his executive order prohibiting anti-gay bias in federal contractor hiring. [National Law Journal]
* Hey guys, there’s a new report out that contains some pretty shocking information about the realities of life after law school. Seriously, who knew that would-be lawyers were poor? Oh wait, we did. [CNN Money]
* “Fret for your latte, and fret for your lawsuit.” Tool hasn’t put out a new album in in almost a decade, and it’s all because of one pesky little lawsuit filed way back in 2007 that just won’t go away. [Rolling Stone]
* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]
* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]
* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]
* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]
* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]
* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]
* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]
* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]
Earlier this week, several prominent LGBT advocacy groups announced that they would no longer support the proposed Employment Non-Discrimination ACT, known as ENDA. If the U.S. House of Representatives passes ENDA, it would create legal safeguards in the workplace for gay, lesbian, and transgendered employees. The National Gay and Lesbian Task Force Action Fund led the move, with the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, Lambda Legal, the National Center for Lesbian Rights and Transgender Law Center later joining NGLTF’s initial statement. The groups fear that the Supreme Court’s recent decision in Hobby Lobby signals a move toward expansive religious exemptions. Consequently, the groups will now focus their efforts on securing rights for the LGBT community like those provided by Title VII of the Civil Rights Act of 1964 and the Constitution’s Equal Protection Clause.
A few months ago, I wrote about ENDA and why conservative Republicans in the House ought to pass the bill. I pointed to a novel D.C. district court ruling allowing a gay man to move forward with his Title VII employment discrimination claim, based on his status as a homosexual male. I described the differences between Title VII’s religious exemptions for employers and the much broader exemptions provided by ENDA. In my earlier piece, I wrote, “Republican Congress members should think twice about refusing to enact legislation that would provide ENDA’s key protection of religious freedom. If they fail to do so, and the push to expand the scope of Title VII in the courts continues, no such protection will exist.”
Instead of prioritizing religious freedom, social conservatives in Congress have held fast to a strident moral opposition to LGBT rights. Instead of pressing for new, democratically enacted statutory rights, many advocates of LGBT equality will increasingly double-down on judicial re-interpretation of Title VII and the Equal Protection Clause. As each side digs in, the other side digs in deeper. Workable compromises seem fewer….
* MoloLamken offers its comprehensive review of the Supreme Court’s recently concluded adventures from the perspective of businesses. Spoiler alert: businesses did really, really well. [MoloLamken]
* Former seminary dean lied about his religious background and then tried to sue the guy who called him out on it. Benchslapping ensued in a fee decision: “Plaintiff’s sparse trickle of written argument gave way at the hearing to an overflow of objectively unreasonable claims…. Plaintiff either cast unsupported aspersions or asserted boldfaced contradictions, adopting whatever narrative best served him at the time.” In fairness, those sound like they might be assets in organized religion. [Religion Posts]
* If you want to know what’s up in the energy sector, Breaking Energy now has a “Law Firms Perspective” feed. [Breaking Energy]
* Discretion is the better part of valor: gamblers turned down around $1.5 million payout to sue casino for illegal detention… and then lost. [ATL Redline]
* I’ve said before that I find the concept of legal tattoos fascinating. This one is incredibly meta….
The Supreme Court released its opinion in Burwell v. Hobby Lobby on Monday, holding that the HHS contraception mandate violates an employer’s rights under the Religious Freedom Restoration Act, even when the employer is a for-profit corporation closely held by individuals who object to the mandate on religious grounds. Following the decision in McCullen v. Coakley, the abortion clinic buffer zone case, Hobby Lobby is the second case in a week where the Court told us how much each side of a fundamentally divided issue can ask of the other, under the law. They are hard cases to talk about without questioning the good faith or good sense of the other side. Nearly everyone thinks either Hobby Lobby or McCullen was a bad decision.
The only thing more frustrating than a bad high-profile Supreme Court decision may be the public’s response to any high-profile Supreme Court decision. For proof, one need only look as far as some of the tweets on SCOTUSblog’s Twitter feed….
What is going on with the distinguished members of the Supreme Court of the United States? One of the justices recently got caught shopping at Costco. Another just confessed to riding the bus — no, not the Metro, the bus.
Earlier this week, Justice Scalia dissented from the Court’s denial of certiorari in a very interesting Establishment Clause case, Elmbrook School District v. Doe. His dissent garneredmediaattention for the way he curmudgeonly railed against rock music (and got in a dig at Stravinsky).
But what jumped out at me was a different line in the opinion….
On Wednesday, the EEOC filed an action against United Health Programs of America Inc. and Cost Containment Group, Inc. alleging that the companies infringed the civil rights of its employees by forcing them to be Onionheads. Did you even know that was a thing? It’s like Christianity, if the Bible were written in Comic Sans.
Well, apparently it is, and among the Onionhead religious practices that the EEOC describes are forcing employees “to thank God for their employment” and to tell their bosses “I love you.” This sounds like a typical day in Biglaw. Indeed, a typical Saturday night in Biglaw.
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: firstname.lastname@example.org.
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.