Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
In a criminal case in federal court, if you are acquitted at trial of almost all of the charges against you, you can still be sentenced as though you were convicted of all of the charges against you, when the judge disagrees with the jury’s decision. That is off-the-rails crazy.
The point of a trial, of course, is to figure out if someone is going to go to prison for doing something. The jury’s decision about what a person did should be what controls what crime the person is sentenced for committing. Yet that’s not what judges do.
But that’s a judge using her power to set a sentence while respecting the decision of a jury. She accepts what the jury decided, then takes that into account — in addition to other things — when imposing sentence.
When a judge gives someone more time in prison based on something that a jury already decided the person wasn’t guilty of, it’s very different. That’s an insult to the jury and is really hard to square with how the law of federal sentencing has been developing lately.
This week, the Supreme Court had a chance to fix that. It didn’t.
Do you want to prove that you know more about the Supreme Court than anybody else? Do you just like money? Do you want to humiliate Above the Law editors?
If your answer to any of these questions was yes — and I suspect your answer to ALL of these questions was yes — then sign up at FantasySCOTUS and play against us predicting all the outcomes of the October 2014 Term.
* A blistering dissent from that usual suspects: Ruth Bader Ginsburg, Antonin Scalia, and Clarence Thomas. [The Atlantic]
* Same-sex marriage opponents in Nevada suggest liberal bias in the selection of the Ninth Circuit panels hearing gay rights cases. They demand en banc review after noting that “two of the Ninth Circuit’s more liberal judges wind up most often on panels deciding cases involving gay rights.” Let me peruse that roster of Ninth Circuit judges… yeah, good luck with that en banc review, guys. [SCOTUS Blog]
* A Toledo Law student was arrested on a child sex charge. [NBC24]
* Kesha is suing producer Dr. Luke for sexual assault and battery. [TMZ]
* Can you guess which states lead the way on transgender rights? The answer will… actually not surprise you much at all. [Vocativ]
* The travails of Albany Law School continue. President and Dean Penny Andrews announces that she is stepping down. [Albany Law School]
* As if police departments weren’t militarized enough, they’re using cash seizures to fuel even more ridiculous spending. [Washington Post]
* Staci profiled some legal cosplayers, and when I saw the Judge Dredd costumes, all I could think about is one of the greatest Onion videos about SCOTUS ever. “I am the law!” [The Onion]
* Katie Couric sits down with Susan Mellen, who was wrongfully imprisoned for 17 years. [Yahoo! News]
The latest batch of presidential papers from the Clinton Administration, recently released to the public, contain some fun nuggets for law nerds. We’ve mentioned a few of them already — e.g., the time that a pre-robescent Elena Kagan, then a White House staffer, dropped the f-bomb in a memo to White House counsel Jack Quinn. Another just came to light today: as reported by Tony Mauro, a pre-robescent John Roberts, then in private practice at Hogan & Hartson, came close to representing President Clinton in the U.S. Supreme Court in Clinton v. Jones.
The papers contain other interesting tidbits too — and some are sad rather than salacious. For example, there’s the story of how a brilliant and distinguished circuit judge came thisclose to landing a seat on the Supreme Court, until health problems derailed his nomination….
Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow.
* The Supreme Court’s new Term is off to a great start: Thanks to a copy machine’s error, we almost missed the surprise cert denials in the gay marriage cases. What kind of screw-ups will this week bring us? [National Law Journal]
* On the other hand, in what’s considered an unsurprising move following its cert denials en masse, the Supreme Court allowed same-sex marriage to begin in Idaho. Congrats to the Gem State. [WSJ Law Blog]
* Jenner & Block’s data privacy practice is making waves in an “uncharted but lucrative field,” and its leader thinks that the “Internet of Things” will help heat up her work soon. [Capital Business / Washington Post]
* A future Law & Order: SVU episode? Sanford Rubenstein, a personal injury and civil rights lawyer who’s been described as “[f]lashy, brash and always camera-ready,” is now being accused of rape. [ABC News]
* Yale Law’s most interesting student goes to all of his classes, but never has to study or take any of his finals. It’s not because he’s lucky — it’s because he’s a 93-year-old course auditor. [New Haven Register]
After the U.S. Supreme Court denied the petitions for certiorari in several leading same-sex marriage cases this week, media coverage exploded with headlines like “Legal Argument Over Gay Marriage Is All But Over.” Advocates of LGBT rights seemed to view all future court action as a mere victory lap. Sarah Warbelow, the legal director for the Human Rights Campaign, told the press, “It’s really hard to imagine the Supreme Court would have allowed thousands of same-sex couples to get married, including in some very conservative areas like Utah, and then turn around and say, ‘Just kidding, there’s nothing wrong with state bans.'”
Warbelow deserves some slack for her sanguine interpretation of this week’s news. After all, she has a cause to promote. And as a general rule, when SCOTUS declines to hear a case on a particular question, one might reasonably assume that they aren’t concerned with correcting the lower court’s treatment of the issue. But this is hardly a routine legal matter. Nothing emanating from First Street this week made the fate of same-sex marriage in America certain. So, why are so many other observers acting as though the Court just handed the LGBT community a gift box of equal rights, neatly wrapped in denied cert petitions? Why is there so much denial about what these cert denials mean?
* This just in: Now that the Fifth Circuit has refused to hear the Texas abortion case en banc, it looks like we may see a viable case about a major social issue being brought to Term before SCOTUS after all. [National Law Journal]
* Skadden came out on top of the Bloomberg, Thomson Reuters, and Mergermarket league tables for the highest transactional value of its mergers and acquisitions deals in 2014. Congrats on kicking the competition’s ass. [Am Law Daily]
* Per HBR Consulting, clients are winning the war when it comes to getting legal services on the cheap. Consider this a “call to action for law firms to reconsider the way they do business.” [WSJ Law Blog]
* The Elon University School of Law is completely revamping its academic offerings in order to offer a law degree that can be earned in 2.5 years, and for about $14,000 less. Nice work! [Triad Business Journal]
* Lindsay Lohan’s attorneys filed an amended complaint in her case against Grand Theft Auto’s publisher, this time going so far as to spell their client’s name correctly. [Hollywood, Esq. / Hollywood Reporter]
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
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