It’s a worthy endeavor for a former justice to examine the Constitution and propose the changes that judicial interpretation alone cannot reach (or at least are not reaching for political reasons). However, if his solutions to the other five amendments are as dumb as his answer to the Second Amendment, we’re all in trouble….
* In his year-end report, Chief Justice Roberts politely asked Congress to make it rain on the federal judiciary in fiscal year 2014, because “[t]he future would be bleak” without additional funding. [Reuters]
* Utah finally asked for Supreme Court intervention in its quest to stop gay couples from marrying, but Justice Sotomayor wants a response from the other side before she weighs in. WWSSD? [BuzzFeed]
* Perhaps Justice Sotomayor saw the humor in this: she just gave a group of nuns a temporary reprieve from having to give out birth control to a bunch of women who have taken vows of chastity. [Bloomberg]
* Where in the world is Carmen Sandiego Steven Davis? Oh boy, Dewey have some news for you! The failed firm’s former chairman is now the chief legal representative for Ras al Khaimah in the United Arab Emirates. [WSJ Law Blog]
* “The Second Amendment does not preclude reasonable regulation.” A judge upheld the majority of New York’s new gun laws as constitutional. Opponents are ready to lock and load on appeal. [New York Times]
* Just because your law school isn’t ranked, it doesn’t mean you can’t dream big. Case in point: one of this year’s Skadden Fellows will graduate from John Marshall (Chicago) this spring. [National Law Journal]
The United States stands alone in its permissive laws regarding gun ownership among major industrialized powers. But the United States is also one of the most heterogeneous countries on the planet. Are those two factors related? Could it be that our fear of each other inspires pro-gun laws that one doesn’t see in less diverse cultures?
There’s an argument that the Second Amendment itself was adopted to defend slavery. Please note: I don’t agree with this argument. I think the Second Amendment was adopted because we’d just fought a war that we couldn’t have won without the martial powers of citizens militias. That’s why “A well regulated Militia” is right in the text of the Amendment (a phrase modern gun nuts are quick to gloss over). But it’s clear that widespread gun ownership helped white plantation owners keep control of their slaves. And the right to bear arms was certainly useful when it came time to “settle” additional territory away from the people who were already living there. Gun rights, who has them, and who does not, are inextricably tied to our history of racial oppression.
Do these “race-war” justifications for gun ownership still apply to our modern understanding of the right? A new study suggests that they could…
Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers.
In Houston last weekend, the National Rifle Association held its 2013 national convention. Although Houston is my once (and future) home, I did not attend the convention. I did, however, watch videos of several of the Leadership Forum speakers, including Texas Senator Ted Cruz, Louisiana Governor Bobby Jindal, Texas Governor Rick Perry, former UN Ambassador John Bolton, Glenn Beck, and Sarah Palin. You can watch them online too if you (a) care to hear the NRA’s platform articulated by people with very nice hair, (b) wish to entertain your morbid liberal curiosity, or (c) want to see Glenn Beck get choked with emotion about freedom — again.
Also in the last few days, the website Neighborhood Scout released a list of “the most dangerous neighborhoods in America.” The rankings relied on the violent crime rate per 1,000 residents, 2011 census tracts and population data from the U.S. Census Bureau, and violent crime statistics from the FBI, U.S. Department of Justice, and local law enforcement agencies. They defined “violent crimes” as murder, aggravated assault, armed robbery, and forcible rape. (You know, the legitimate kind of rape.)
Two of the neighborhoods in the top 15 on that list are areas where I have lived, worked, or studied. In one of those neighborhoods, the 2011 violent crime rate was 91.27 per 1,000 residents. A resident there has a one in 11 chance per year of becoming the victim of violent crime.
I was never the victim of violent crime in those parts of town, though I experienced several thefts and one burglary while living nearby. Even so, taking advantage of Texas’s option of a concealed carry permit and a manageably small-caliber handgun seemed like a sensible option to at least consider. Why should I be the only one who thinks a responsible, safety-conscious response to a high-crime urban neighborhood is to purchase and carry a firearm?
* If you’re looking for an easy résumé line, then consider joining the Supreme Court bar, an elite organization that doesn’t check to see if its members are still alive. All you need is three years of practice, two signatures, and $200. [Associated Press]
* Stanley Chesley, the master of disaster himself, was disbarred for his “shocking and reprehensible” conduct in a fen-phen case. His wife, U.S. District Court Judge Susan Dlott of the Southern District of Ohio, must be oh so pleased. [Courier-Journal]
* Howrey like dem apples now? Some of Howrey’s former partners, including ex-chairman Robert Ryuak, all lined up to make deals to delay lawsuits from the firm’s bankruptcy trustee, Allan Diamond. [WSJ Law Blog (sub. req.)]
* This Biglaw firm’s future was just a little bit dimmer in 2012, with a 4.9 percent dip in profits per equity partner. This is unexpected from Milbank, a number 3 seed in our March Madness competition. [Am Law Daily]
* The NRA’s New York affiliate filed suit challenging the state’s new gun laws, claiming that a ban on assault weapons violates the Second Amendment — because this is clearly what the founders intended. [Reuters]
* Raj Rajaratnam’s younger brother, Rengan Rajaratnam, was indicted yesterday in a federal insider-trading scheme tied to the Galleon case. You can’t fault the guy, he was just trying to keep it in the family. [Bloomberg]
* Sorry, Dean Boland, but you’re not going anywhere. A judge denied the attorney’s request to withdraw from Paul Ceglia’s Facebook case. He must be wishing there were a dislike button now. [Law 360 (sub. req.)]
I think I’m supposed to like this story: A man was walking along the street, enjoying a legal activity. He was stopped and harrassed by a police officer, and instead of giving in, he used his legal training to argue with the officer and defend his rights. Truly one of the best uses of a law degree is intellectually defending yourself “when they come for you” as it were.
Normally, I’m a fan of this kind of thing.
But the “legal” activity this guy was “enjoying” was walking around with a firearm. And his way of talking to the police officer sounded less like Atticus Finch and more like a punk bitch.
And I can’t shake the feeling that if this guy were black, if this was an African-American male strutting around with a firearm who then got mouthy with the police and refused to show ID, he be sitting in The Tombs right now.
* A Charleston School of Law student leader was arrested for stalking. I’m not sure how else Charleston Law students are supposed to get jobs. [Fitsnews]
* I think this is a very poor reading of the history of the Second Amendment that is making the rounds. Sure, having weapons really helped slaveholders, but that’s not “the reason” the Second Amendment was ratified. The founders had better reasons… reasons that have nothing at all to do with the time we live in, but that’s a different story. [Truthout]
* By the way, you saw that Obama nominated a black lawyer for something, right? Since the Republicans in Congress are so concerned about Obama’s record on diverse appointments, I’m sure Todd Jones will be confirmed super quickly. [Daily Beast]
* Should pet owners be allowed to recover for “sentimental value”? A Texas case might answer that question. I’m looking forward to the companion case in Arkansas where pet owners try to recover from loss of consortium. [Adjunct Law Prof Blog]
* I’d be shocked if this Manti Te’o thing doesn’t end up with somebody suing someone for something. [New York Daily News]
* There’s going to be a law and robots conference at Stanford in April. Because we all know how much robots love law. [The Volokh Conspiracy]
* “Without the formation of character, the rest is futile.” An Article III judge’s take on the law school crisis. [Simple Justice]
* Because nobody likes sloppy seconds, the merger talks between Pillsbury Winthrop and Dickstein Shapiro are now off the table. [Thomson Reuters News & Insight]
* David Tresch, an ex-Biglaw CIO, was indicted last week on wire fraud charges. “Bitch better give me back my money,” said Mayer Brown. [ABA Journal]
* Does Jeffrey Toobin understand the Voting Rights Act? This law professor seems skeptical. [PrawfsBlog]
* Praise the Lord and pass the ammunition, because this Saturday is Gun Appreciation Day. Go celebrate your Second Amendment rights — but do it responsibly, please! [Volokh Conspiracy]
* Remember Ryan Chenevert, the young lawyer who took home the title of Cosmo’s Bachelor of the Year for 2012? Check out the very tongue-in-cheek interview this hottie did with 225 Magazine, after the jump….
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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.