The Employment Non-Discrimination Act (“ENDA”) is proposed legislation that would prohibit most employers from discriminating on the basis of actual or perceived sexual orientation or gender identity. The Senate passed the bill in November, but the proposal is currently languishing in the House.
President Obama supports ENDA. Recently, though, LGBT activists have criticized him for not pushing the proposed legislation harder and for not creating an executive order that would create ENDA-like protections for employees of federal contractors.
Republican lawmakers, though, are the ones who will ultimately rue not enacting ENDA while they have the chance. Here’s why….
Ed. note: This is the first installment of Righteous Indignation, one of Above the Law’s new columns for conservative-minded lawyers.
In this new column, I’ll occasionally be weighing in on legal issues from a conservative, right-of-center political perspective. My aim for my contributions is to balance the liberal heft that regularly gets thrown around on the pages of Above the Law. (That’s got to be a metaphorical scale we’re using to do the balancing, if Elie’s on one end and I’m on the other.)
Where am I coming from that I might alter the usual ATL ideological balance?
* Happy Administrative Professionals’ Day! While we focus a lot on lawyers, judges, and law students, I’d like to take this opportunity to appreciate our legal staff audience — the secretaries, paralegals, clerks, recruiters, office managers, word processors, receptionists, and everyone else affiliated with the legal practice other than the J.D. crowd. Not only do you do great work, but you help keep this site running with your anonymous tips. Keep ‘em coming! [Above the Law]
* A mega-retailer with a reputation for ruthlessly destroying its competitors makes life difficult for anyone who has to subpoena them? No! [Associate's Mind]
* UVA College Republicans see a massive infringement of student rights in the administration’s decision that fraternities conclude pledging early as an anti-hazing measure. Republicans: Protecting your God-given right to create a naked pyramid since Abu Ghraib. [Cavalier Daily]
* “The Blogger as Public Intellectual.” See, we’re a lot more than dick jokes about law firms, people. [PrawfsBlawg]
* Of all the reasons to lock your cell phone, “To Avoid Arrest” is one of them. [Legal Juice]
* Biglaw explained: Clinical depression is contagious. [Law and More]
* SJL Attorney Search has acquired The Shannon Group, a Washington, D.C.-based career transition, coaching and talent development firm. [Wall Street Journal (press release)]
* Arrested Development is coming back soon! Check out this infographic that tells you which Arrested Development character you are. To the surprise of no one, I’m Lucille. Unfortunately, Barry Zuckercorn, Maggie Lizer, and Bob Loblaw aren’t options. [OK Gorgeous]
* Save for an unintelligible joke made last month, it’s been seven years since Clarence Thomas has spoken during oral arguments, much less asked a question, but with no offense to his colleagues, he’d rather “allow the advocates to advocate.” [Washington Post]
* Sorry, members of the American public, but something like 95 percent of you are too stupid to understand what’s going on during Supreme Court hearings, so there’s no point in having cameras in the courtroom to film them. (Sotomayor, J.) [New York Times]
* “Having an empty bench means people don’t get their cases heard,” but it seems like Senate Republicans could not care less. Obama’s facelift for the federal judiciary is going to have to wait a little while longer. [San Francisco Chronicle]
* A lawgasm for prestige nerds: the Harvard Law Review received federal trademark protection, and with that, the number three law school in the country gained some bragging rights over Yale. [Daily Report (reg. req.)]
* Oh my God, you guys, law school applications are down, no one can find jobs, and recent graduates are in debt up to their eyeballs. This is totally new information that no one’s heard before. [Pittsburgh Post-Gazette]
* Turning to your parents for law school advice is perhaps the worst idea in the world — after all, they’re the cause of your “special little snowflake” syndrome in the first place. [Law Admissions Lowdown / U.S. News]
From buying their family’s love to buying luxurious lawyerly lairs, attorneys at the nation’s largest firms do a lot of things with their wallets — and now they’re voting with them, too. Earlier this month, we brought you a story about Obama v. Romney in terms of which presidential candidate was leading in the race to collect campaign contributions from the wonderful world of Biglaw.
At present, Obama has an advantage over Romney, with $1.9 million pouring in from America’s 20 biggest firms, as opposed to just over $1 million for his opponent. When we last wrote about this important issue, lawyers from DLA Piper proved to be Obama’s greatest supporters, while Kirkland & Ellis showed up strong for Romney. But what we really want to know is which other firms are opening their hearts wallets for these political adversaries.
With only a little more than a month until Election 2012, let’s take a look at the firms that are making some of the largest (and smallest) political donations….
* There are only 56 days until Election 2012. Does anyone actually think that’s enough time to resolve all of the state election law battles? Even if it is, we could still be looking at a “potential disaster” in terms of post-election litigation. [New York Times]
* “It’s a horrible feeling when you keep waiting for the phone to ring and slowly realize that it isn’t…” Second-year law students are learning that waiting to see if you’re getting a summer associate position is a lot like dating — but worse. [Wall Street Journal]
* Meanwhile, law school graduates are trying to figure out what to do because the call never came. Per the BLS, the legal sector lost 1,400 jobs in August. Must be encouraging if you’re looking for a job. [Am Law Daily]
* Seventeen years after the conclusion of O.J. Simpson’s murder trial, the lead prosecutor on the case accused the late Johnnie Cochran of tampering with the infamous glove. Um, better late than never? [Reuters]
* “If you wouldn’t have been there that night, none of this would have happened to you.” Because being groped by a cop wasn’t traumatic enough, this judge wants you to know that it was all your fault. [New York Daily News]
* If you allegedly tell a judge’s clerk that his boss should “get the f**k off all [your] cases,” and then follow up by allegedly telling the judge to “straighten the f**k up,” then your next stop is probably jail. [National Law Journal]
* Fashion law goes to Fashion Week and makes it work: Fordham’s Fashion Law Institute celebrated its clinics with a presentation at Lincoln Center. Papa Gunn would be so proud. [Crain's New York Business]
While liberals and the “lamestream media” are fixated on the planks dealing with “abortion” and “gay marriage,” the platform includes some lower-profile planks worth checking out. Here are five that stuck out to me as a lawyer….
* Patton Boggs partner Benjamin Ginsberg serves as the Mitt Romney campaign’s top lawyer, and he’s taking flak for GOP rules revisions that have been likened to “killing a fly with a sledgehammer.” [Am Law Daily]
* “I am still shocked that I did everything right and find myself on the brink of destitution.” This just in from the Things Everyone Already Knew Desk: even law firms have been hit hard by the recession. [Washington Times]
* The lead lawyer in the inquisition against Madam Justice Lori Douglas turned in a resignation letter. Perhaps he grew tired of being part of judicial farce that’s spread wider than Her Honor’s legs. [Canadian Press]
* A would-be law student wants to know if he has a good chance of getting into a top 20 school with a low 150s LSAT and an average GPA. You’ll get in everywhere you apply! [Law Admissions Lowdown / U.S. News]
* Roger Fisher, Harvard Law School professor and co-author of “Getting to Yes,” RIP. [WSJ Law Blog]
* Unhappy with eleventy billion dollars in damages due to Apple, Samsung will begin its appeals, perhaps even to the Supreme Court (because you know that SCOTUS wants a bite at the proverbial literal patent apple). [Wall Street Journal]
* And speaking of that jury award, jury foreman Velvin Hogan had this to say about it: “We wanted to make sure it was sufficiently high to be painful, but not unreasonable.” Yeah, because a billion dollars in damages isn’t unreasonable at all. [Reuters]
* Do judges with lawyerly license plates avoid traffic infractions instead of getting tickets? The New York Commission on Judicial Conduct is investigating this issue of epic importance. [New York Law Journal]
* If bill collectors are threatening to sue you over your credit-card debts, you better pray that your case lands on Judge Noach Dear’s docket, because in his courtroom, “it’s dismiss, dismiss, dismiss.” [New York Post]
* Hippies can file lawsuits, too: Burning Man starts today, but the event’s organizers claim that its Nevada venue is pursuing a new theme in view of a “drastic increase in fees” — burning money. [All Things Digital]
* Protestors should be allowed to act however they want when carrying prohibited machetes in Republican National Convention event zones. This was the first, and definitely the coolest, RNC arrest made. [ABC News]
* That’s one hell of a “rainy day fund.” Greenberg Traurig is asking for $24M over the next two years, and has no plans to do it again in the near future. [Daily Business Review]
* Lots of law firms have been listening to that Petula Clark song about how great things are downtown, because that’s where their offices are headed. [WSJ Law Blog]
* Republicans are begging Todd “Legitimate Rape” Akin to quit, but he’s vowed to stay the course. “[A]bortion is never an option,” not even for his campaign. [New York Times]
* Dipping and squeezing is serious business in the condiment world, and that’s why there’s a patent lawsuit over this innovative ketchup packet. [Huffington Post]
* Career alternatives for attorneys: sci-fi salvaging savior? This entertainment lawyer is taking out-of-print fantasy novels and turning them into e-books. Sometimes being a nerd is pretty cool. [New York Daily News]
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.