Ed. note: Lawyer and journalist Michelle Olsen, a member of the U.S. Supreme Court bar, attended today’s oral arguments in Hollingsworth v. Perry, the constitutional challenge to the Proposition 8 ban on same-sex marriage in California.
Her write-up of the proceedings will appear shortly. In the meantime, check out the photographs she took while at the Court, after the jump.
* Illinois rules that young people’s tweets are not statements of fact. Are you suggesting people aren’t really rolling on the floor laughing? [IT-Lex]
* One Manhattan financial firm thinks Ally McBeal’s unisex bathroom is a good idea. Or they’re sexist dicks. One or the other. [Jezebel]
* The owner of the Boston Bruins is completely terrible, placing a small, but wealthy town in the middle of litigation costing hundreds of thousands of dollars… all so he can promote horse dancing. What is it with Massachusetts people and dressage? [SB Nation]
* Shoplifter busted with earrings swallows the evidence, but is ultimately foiled by Marie Curie. [Legal Juice]
* GULC students protest standards of review outside the Supreme Court, an important and overlooked issue. But it’s also throwing down the biggest legal dorks gauntlet to other law schools. [DCist]
* And as the legal world parses the transcripts of a big day for the Supreme Court, we also lament the loss of the man who basically created Supreme Court coverage. R.I.P. Anthony Lewis, sometimes called the “Tenth Justice.” [New Yorker]
Today, SCOTUS is all about the gays, and soon enough, it’ll be back to helping white people overcome affirmative action, but soon — very soon I imagine — some court is going to have to step up and reaffirm a woman’s right to choose. Or strike it down and rouse the overwhelming majority of people who support choice out of their complacency.
But quietly, abortion is under attack. And so we’re going to have to have this fight again.
And when we do, wherever we fall, we’re going to have to update Roe v. Wade to take account of the miracle (or madness) of modern science.
North Dakota just signed in the most restrictive abortion law in the nation, more restrictive than Arkansas’s new law that has received more publicity. But some of the new restrictions seem, almost, enlightened….
In August, we lamented the fact that nearly two-thirds of Americans couldn’t name a single member of the Supreme Court. At the time, we blamed it on the perceived stupidity of our nation’s population, calling for televised oral arguments in the hopes that they’d someday compete in the ratings with reality shows like Keeping Up With the Kardashians. Unfortunately, given the high court’s resistance to change and the burgeoning evidence that we live in a country that’s overflowing with Honey Boo Boos, neither is going to happen any time soon.
But that’s really beside the point, because even if SCOTUS arguments were televised, they’d likely appear on C-SPAN, a channel that some people have probably never heard of before. Another thing that some people have never heard of before is the Supreme Court itself. That was a serious statement….
* You know, in 20 years, Republicans are going to be telling us that the federal government’s pot taxes are too high. [Washington Post]
* DLA Piper might get in trouble from bragging about the size… of its bills. [Dealbook]
* Michele Bachmann is under investigation for being a demon spawn of the fifth circle from… oh, wait sorry, they’re just looking at her use of campaign funds. [ABC News]
* Is anybody else unreasonably excited to hear what offensive, homophobic remark Justice Scalia makes today? [National Review]
* With everybody looking at gays, I wonder if this will be the day for the Supreme Court to declare the end of racism against white people while doing nothing about racism against black people with a 5-3 (Kagan recusing) decision on Fisher. [SCOTUSblog]
* So, this BlackBerry thing doesn’t seem to be going very well. [Forbes]
Today, the National Law Journal released its list of the 100 most influential lawyers in America. The NLJ releases a similar list once every few years, and each time, the nation’s top lawyers — some from Biglaw, some from legal academia, some from the in-house world, and some from the trial and appellate bars — celebrate their success in creating real change in the industry. That said, the people named to this list are relatively well-known to the general Above the Law readership, but they won’t exactly be household names to laypeople.
Which legal eagles soared into the NLJ’s list this time around? Well, the NLJ selected their influential lawyers based on their political clout, legal results, media penetration, business credibility, and thought leadership. We’ve whittled the impressive list of 100 down to our own top 10.
We all remember Schenck v. United States, the 1919 decision written by Justice Oliver Wendell Holmes that established the “clear and present danger” test and coined the oft-misquoted line “free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”
Eloquent and well-reasoned.
You know what Oliver Wendell Holmes didn’t say? “Free speech would not protect a man in falsely shouting ‘BINGO!’ in a seniors home.”
‘You may take our false hopes for employment, but you will never take our right to sue!’
* Many have compared the possible outcome of the gay marriage cases to the Roe v. Wade decision, saying that constitutionalizing the right to gay marriage will create a similar culture war. Relax, bro, your bigotry is showing. You won’t be any less married if everyone has equal rights, promise. [New York Times]
* Everyone thought Justice Kennedy was going to be the deciding voice in the Obamacare case, and that didn’t happen, but when it comes to the future of gay marriage, in the words of RuPaul, Kennedy’s got the right amount of “charisma, uniqueness, nerve, and talent” to save the day (at least as far as California’s Proposition 8 is concerned). [Sacramento Bee]
* Meanwhile, people waiting in line outside of the Supreme Court in the hopes of grabbing one of the 50 seats reserved for the public like it’s a Black Friday sale outside of Walmart. Unemployed law grads, just think, you could be getting paid to sleep outside in a tent right now! [The Caucus / New York Times]
* Modern-day legal education is a “failure” in the eyes of this Supreme Court justice. Now don’t get it twisted, Scalia wasn’t referring to the post-graduate employment crisis that we’ve all come know and loathe — he just thinks we need fewer “law and [insert bullsh*t here]“ classes. [Portsmouth Herald]
* Dewey know when we’ll be able to retire this punny phrasing? Unfortunately, there doesn’t seem to be an end in sight because more than a dozen former partners (including John Altorelli of spy-shagging fame) are still clinging to their claims that the failed firm’s estate owes them money. [Am Law Daily]
* Seeing as Widener’s motion to dismiss as to its allegedly deceptive job statistics was denied, it looks like there’s still time to rally behind the law school litigation cause. Someone on Team Strauss/Anziska needs to go all William Wallace and inspire more would-be plaintiffs to sue. [Law 360 (sub. req.)]
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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.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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