Did the agents who were conducting my interview already know all about my daughter, the surveillance and the warning? While I suspect they did, to this day, I am not certain. Was I really obligated to “rat her out” to prove my bona fides? I have no idea, but I sure felt sh**ty for having done so.
– Judge Richard G. Kopf, writing on his delightful blog about the deeply intrusive process for vetting federal judicial nominees — which required him to reveal to the FBI his daughter’s brush with allegedly unsavory characters.
(See also Richard Posner — citing Above the Law and Elie Mystal, by the way — after the jump.)
This week, the Senate blocked the nomination of Robert Wilkins to the U.S. Court of Appeals for the D.C. Circuit. President Obama nominated Wilkins to fill Judge David Sentelle’s seat. Failing to get the 60 votes needed to overcome a Republican filibuster, Wilkins won’t move forward to an up-or-down, simple-majority vote by the Senate.
Senate Republicans insist that the D.C. Circuit does not need any more judges in order to properly carry its current caseload. While Wilkins might be well-qualified to be a circuit judge, the Senate just isn’t hiring. President Obama said in a written statement, “When it comes to judicial nominations, I am fulfilling my constitutional responsibility, but Congress is not. Instead, Senate Republicans are standing in the way of a fully-functioning judiciary that serves the American people.” Democrats in the Senate, led by Senator Patrick Leahy (D-Vt.), threaten to alter the rules governing judicial nominations to prevent filibustering.
Democrats’ and Republicans’ reasons for fixating on the D.C. vacancies are political and obvious. It’s an unusually influential court, issuing rulings on administrative and regulatory matters with nationwide implications. What about the rest of the country, though? While politicians in Washington fuss over the D.C. Circuit, what is being neglected elsewhere?
[F]ederal trial judges know their place. We are the TTT of the federal judiciary. When the Circuit tells us to jump, we do so even if we don’t much like it. But, in return, we expect only one thing: no cheap shots.
* Thanks to the Electronic Frontier Foundation, the Department of Justice will be declassifying some secret opinions from the FISA Court. We wonder who’ll be hosting the giant redaction party. [Associated Press]
* Morgan Lewis paid out a $1.15 million settlement over unfinished business claims to this defunct firm. Great work, Mr. Diamond, but Howrey going to get the rest to do the same? [Am Law Daily (sub. req.)]
* “[Shon] Hopwood proves that my sentencing instincts suck.” Now that this former bank robber has a clerkship with the D.C. Circuit, the judge who sentenced him is having second thoughts. [The Two-Way / NPR]
* Laptops are useful tools for students in law school classrooms, but they’re also great for checking Above the Law and buying shoes while professors are droning on and on. Apparently we needed a study to confirm this. [National Law Journal (sub. req.)]
* George Zimmerman’s wife filed for divorce, citing “disappointment” as one of her reasons for ending the marriage. Don’t worry, Shellie, half of the nation was disappointed with the verdict too. [Washington Post]
* DOJ busts giant fortune telling ring. You’d think they would have seen that coming. [Lowering the Bar]
* Today’s New York Times points out that Judge Kopf penned an eloquent post regarding his reaction to the news that Shon Hopwood — a man Kopf sentenced to a lengthy prison term — is poised to clerk for Judge Janice Rogers Brown of the D.C. Circuit. Funny, it seems like I read that news before… [New York Times]
* The government just doesn’t know what documents Edward Snowden stole. That’s part of the reason British authorities stopped David Miranda. That and the Brits love irony. [The Volokh Conspiracy]
* The message here is not bad per se, but to all the law school apologists spreading it around based on the quote, “Yeah, I know, the legal market sucks, blah blah blah. But you don’t need thousands of jobs. You just need one,” well, that’s not a sustainable model. For students that is. [Medium]
* In the midst of cracking down on the NYPD, Judge Scheindlin also issued a new opinion on e-Discovery. IT-Lex provides an in-depth review. [IT-Lex]
* Another sign of the discrimination against women in business — women lag far behind in the commission of high-level corporate fraud. [Law and More]
* BP has taken out a full-page ad in the New York Times, Washington Post, and Wall Street Journal to complain about how much money they’ve had to spend cleaning up that one time they catastrophically devastated an ecosystem through their own recklessness. It’s the most recent curious PR move on BP’s part…
* This gem of a listing just showed up in the “legal/paralegal jobs” section of Craigslist. Be sure to send a “nude picture” with your résumé! Perhaps someone has been watching too many Maggie Gyllenhaal films. If it gets taken down a screenshot is here, and the klassy alternative picture in the listing is here. [Craigslist]
* From the “no good deed goes unpunished” department, Georgetown Law has figured out how to bilk taxpayers into covering the costs of increasing tuition. The federal government forgives law school debt for those in the public sector if they agree to make an income-based payment. Georgetown is covering those costs, passing it on to future students (who also won’t be paying it back), and then encouraging students to shelter income to guarantee the school comes out ahead. This is why we can’t have nice things. [Wonkblog / Washington Post]
* The always outspoken Judge Kopf shares his thoughts on Shon Hopwood’s selection as a clerk for Judge Janice Rogers Brown. Judge Kopf sentenced Hopwood to 147 months in the 90s. [Hercules and the Umpire]
* A delightful “man bites dog” story: a bank didn’t read a customer’s amendments to a credit card application before issuing him a card and went to court whining about how hard it is to pay attention to the fine print. Boo hoo hoo. [The Telegraph]
* How to deal with your mistakes. This only applies to associates, though. Partners have two steps: (1) find an associate; (2) blame the associate. [Associate's Mind]
* Everything’s bigger in Texas, including their misreading of the Supreme Court’s precedent. [Election Law Blog]
* China is way serious about prosecuting corruption. [Legal Juice]
* The Mets muscle man whose comic inability to open a water bottle went viral on YouTube is actually a lawyer from White Plains. If you haven’t seen the clip yet, it’s after the jump. Watching the water bottle battle is the only excuse for subjecting yourself to a Royals-Mets game…
Burn anything that Bryan Garner has written. He really knows his stuff, but Strunk and White’s The Elements of Style said it all. Besides, Garner, Scalia, and Posner pissed me off when they got into a juvenile cat fight over a book about rules. Not to put too fine a point on it, but I am the only one who is permitted to act like a spoiled brat.
* In the Western District of Arkansas, judges have to forfeit judicial immunity to go to the bathroom. So if you want to sue a judge, you need to catch them when their pants are literally down. [Hercules and the Umpire]
* Cooley boy makes good! President Obama nominated Christopher Thomas, a Cooley Law School grad and professor, to the Presidential Commission on Election Administration. [White House]
* A judge threw out the fine against a New York artist as unconstitutionally harsh. The artist took an antenna from the trash and cops impounded his car and fined him $2,000. [Thompson Reuters News & Insight]
* The Ninth Circuit struck down Arizona’s “Fetal Pain” Abortion Ban. Sounds like a viable decision. [PrawfsBlawg]
* Work/life balance is when lawyers with kids throw their childless colleagues under a bus. [Slate]
* If you’re reading transcripts of old trials and think the lawyers of yesteryear were smarter, you’re probably right. Western civilization has gotten dumber since the nineteenth century. The reason is summarized by the video after the jump….
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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