On Wednesday, the United States Supreme Court heard oral arguments in McCullen v. Coakley, a constitutional challenge to a Massachusetts law creating buffer zones, sometimes called “zones of exclusion,” around abortion clinics. The law at issue, Mass. Gen. Laws ch. 266 § 120E ½ (2007), provides in part as follows: “No person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius of 35 feet of any portion of an entrance, exit or driveway of a reproductive health care facility.” Eleanor McCullen, one of the challengers of the law, is a 76-year-old grandmother who in the past has stood on public sidewalks near abortion clinics in order to initiate one-on-one, non-confrontational conversations with women seeking abortions. The petitioners claim that, over the years, hundreds of women have accepted offers of help from McCullen and the other petitioners. They argue that the new law violates their right to free speech.
The First Circuit opinion below characterizes the plaintiffs’ appeal as advancing “a salmagundi of arguments, old and new, some of which are couched in a creative recalibration of First Amendment principles.” That opinion finds that “[t]he Massachusetts statute at issue here is a content-neutral, narrowly tailored time-place-manner regulation that protects the rights of prospective patients and clinic employees without offending the First Amendment rights of others.”
Unfortunately, the First Circuit is wrong about each of those points. Even more unfortunately, this law does the exact opposite of what most of us would hope . . . .
Justice Scalia is kind of a troll sometimes. He routinely snarks out his fellow justices and is a total dick to legal luminaries like Judge Posner. His belligerence is drenched in sarcasm and usually arbitrary.
In a sense, Antonin Scalia is ATL’s spirit guide.
But when he went after an attorney appearing before him, he got immediately chastised by a fellow justice and raised the ire of even conservative commentators.
In this instance, I’m going out on a limb and say Justice Scalia was absolutely, positively, 100 percent right….
* The FBI announces that there will be no criminal charges over the “scandal” in which the IRS gave heightened scrutiny to conservative groups that planned to cynically game the law sought tax exemption for their entirely, in no way political activities. As another faux scandal bites the dust, here’s a good round up of butthurt right-wing editorials. [TaxProf Blog]
* SCOTUS Benchslaps! In a lengthy footnote in Daimler v. Bauman, Justice Ginsburg accuses Justice Sotomayor of misstating the record in the latter’s concurrence. In reading the competing interpretations, it seems as though Justice Sotomayor has the most fair reading, but then again the case is 62 years old, and Justice Ginsburg was probably there when it decided the first time. [Josh Blackman's Blog]
* Investment banks are seeing potential recruits running over to the tech industry. Law firms haven’t felt the same draw, mostly because you got a law degree because you suck at math and science. [Law and More]
* It’s about time Wile E. Coyote fought for his rights against Acme’s wanton disregard for customer safety. [Pentagram]
* An interview with Stephen Neal, the chairman of Cooley LLP, probing why Cooley is such a cool firm (evidenced by their #1 ranking in the ATL Insider Survey). [The Careerist]
* There’s a proposed law in Wisconsin designed to get dads out of child support payments. I know this may come as a shock, but it was written by a millionaire who doesn’t want to pay his court-ordered child support. [Jezebel]
* Well, we suggested the NFL concussion settlement was a bum deal the other day, and apparently Judge Anita Brody agrees, halting the deal. [Bleacher Report]
* The Supreme Court has been “surprising[ly] silent” when it comes to how to apply Obamacare’s contraception mandate to religious non-profits. We imagine at least one justice will raise hell about it during their first judicial conference of 2014. [Los Angeles Times]
* Contrary to what was apparently popular belief by some, Justice Sonia Sotomayor doesn’t wear dentures. She was very candid about her oral hygiene at a recent speaking event — her teeth are so great because she’s had a lot of work done on them. [Washington Post]
* In your face, Cravath! James Woolery is movin’ on up to officially taking the rein at Cadwalader Wickersham & Taft. Fun fact: Chuck Woolery of “Love Connection” is his distant cousin. [Am Law Daily]
* The U.S. Attorney’s office Chris Christie used to be in charge of will investigate Bridgegate. Word on the street is that the governor had just finished reading War and Peace when he heard the news. [Bloomberg]
* Sumner Redstone donated $10 million to Harvard Law School so that its graduates can pursue public interest careers — because otherwise they’d be too poor to “build a better world.” [National Law Journal]
* Hot on the heels of the SCOTUS stay, Utah has ordered its state agencies not to recognize any of the same-sex marriages that took place. Eww, Utah, you are being disgusting right now. [NBC News]
* The eminently quotable Chancellor Leo Strine of the Delaware Court of Chancery has been nominated to serve as chief justice of the state’s highest court. Best of luck with your confirmation! [Chicago Tribune]
* Law firm mergers rose by almost 50 percent after 88 firms joined forces throughout 2013 (a new record, according to Altman Weil). Let’s see if this year’s pace is as frenzied as last year’s. [Am Law Daily]
* The legal profession isn’t very good at diversity, especially in Texas. Here’s a not-so fun fact: just six percent of all equity partners at the largest law firms in Dallas are minorities. [Dallas Business Journal]
* “[I]t was the first time he had ever heard of someone being killed by a pair of underwear.” A man in Oklahoma was tragically killed after becoming the first-ever recipient of a fatal atomic wedgie. [News OK]
* Kanye West sent out a cease and desist letter to the makers of Coinye, a Bitcoin alternative with a mocking, parody image of Kanye. This whole Bitcoin thing may be incredibly stupid, but these poor entrepreneurs are going to have to junk all their work just because they shamelessly stole the artist’s image. I guess it’s back to their electronic currency based on a busted-up parody of Kim Kardashian, which they call “Khloe.” [Ars Technica]“>Ars Technica]
* Justice Kagan once again performed her civic duty and showed up for jury duty today. Unfortunately, this report doesn’t explain what book she brought with her to kill time, which is the best part of people-watching at jury duty. [Washington Post]
* For those that think we always focus on the negative, here’s a nice narrative about lawyers who really help people. [XO Jane]
* How do you deal with a blazer that just won’t button? Advice from our occasional contributor. [Corporette]
* A group of Vietnamese fishermen sued a Texas lawyer alleging that he falsely claimed to represent thousands of deckhands to get rich serving on the committee of attorneys representing victims of the BP oil spill. BP’s just happy someone might come out of this looking worse than they do. [Miami Herald]
The law firm of Seyfarth Shaw, known for its labor and employment expertise, just released its tenth annual Workplace Class Action Litigation Report. The report details the important trends in workplace litigation going into 2014 and analyzes “1,123 class action rulings on a circuit-by-circuit and state-by-state basis.”
The verdict, in a nutshell, is that the Supreme Court has bent over backward to protect businesses from these suits, but they still come up… and one category of workplace suit is even growing exponentially. Any guesses?
So what are businesses going to face out there this year?
* A Supreme Court whose members are still afraid of using email will most likely have the final say on the NSA case, one of the biggest technology and privacy rulings in ages. Well, that’s comforting. [Talking Points Memo]
* Pittsburgh firm Buchanan Ingersoll & Rooney is reportedly in merger talks with Tampa firm Fowler White Boggs. Boy, a merger between two firms from lackluster cities sure sounds promising. [Daily Business Review]
* Law professors are completely outraged by the ABA’s proposal to cut tenure from its law school accreditation requirements. Quick, somebody write a law review article no one will read about it! [National Law Journal]
* Downton Abbey has inspired a new bill making its way through the House of Lords, who apparently watched the show and figured out for the first time that women get screwed by the law of entail. Now if they can just pass a law that would keep Bates out of prison in the first place. [The Atlantic]
* Ben Adlin reminisces about the era when the Supreme Court actually cared about oral arguments. [Summary Judgments]
* An interesting infographic on where Superlawyers went to school. Finally a ranking where NYU can top Yale. [Online Paralegal Programs]
* Another installment of classic ads ruined by lawyers. [Vice]
* Fifth Circuit judges aren’t the only ones to tell their colleagues to shut up; here’s some fun news from the Philippines. [Manila Times]
* French cities have banned performances of a comedian with a history of racking up hate speech fines. I mean, since when has anti-Semitism been a problem in Europe? [Al Jazeera]
* If you think conservative arguments against the Affordable Care Act are dumb, check out liberal columnists arguing that Obama screwed up by not pushing for single-payer. [Lawyers, Guns & Money]
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
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