* “It’s a fine line society walks in trying to be fair.” Justice Sonia Sotomayor spoke earlier this week on the perils of racial profiling with respect to the Chechen suspects in the Boston Marathon bombings. Were we fair here? [Associated Press]
* What keeps in-house counsel awake at night — aside from the tremendous piles of money they’re rolling around in? Apparently they’re expecting an “onslaught” of food labeling and data breach class actions. [WSJ Law Blog (sub. req.)]
* Susan Westerberg Prager, known for being the longest-serving dean ever at UCLA School of Law, will take up the deanship at another illustrious institution, Southwestern Law School. [National Law Journal]
* The February results for the New York bar exam are out, and with the highest number of test-takers ever, the pass rate was brutal. We may have more on this later. [Thomson Reuters News & Insight]
* Rhode Island just got a little more fabulous. The Ocean State legalized gay marriage yesterday, making it the tenth state to do so, and uniting New England in marriage equality for all. [Bloomberg]
* Underneath this jurist’s robe you’ll find a sling. Justice Stephen Breyer had to have shoulder replacement surgery this weekend thanks to his latest bike accident, but he’s expected to make a full recovery. [Associated Press]
* A Ninth Circuit judge has ruled that an assistant federal public defender and her wife are entitled to federal health benefits. Take that, DOMA. [Courthouse News Service]
* Judy Clarke, one of the nation’s best capital defense lawyers, will be joining Dzhokhar Tsarnaev’s legal team. She’s pretty good at keeping people alive, but we’ll see how this one goes for her. [Bloomberg]
* The ABA may do away with faculty tenure requirements for accreditation. No security of position? It looks like there’s a storm coming, law professors, so go get your bread and milk! [National Law Journal]
* “Gay marriage? Hell no, let’s make all marriages civil unions.” Minnesota senators want to put couples on an even playing field — one that isn’t recognized by the government. [WSJ Law Blog (sub. req.)]
The Supreme Court seems divided over same sex marriage. The liberal justices favor it, while the conservatives oppose any lifelong sacred union between two men — unless, of course, it’s Antonin Scalia and Clarence Thomas.
Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!
* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]
* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]
* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]
* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]
* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]
* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]
In the light of the evolving standards of decency, somehow we at the Supreme Court, we Harvard and Yale lawyers, we somehow can perceive these evolving standards of decency because we learned all this stuff at Harvard Law School.
* The Obama administration asked the Supreme Court to wade into the constitutional contretemps of recess appointments, but if the high court refuses to take up the case, it may be back to the drawing board for the NLRB. [National Law Journal]
* The Am Law 100 law firm rankings are out, and it looks like there’s a new leader of the pack in terms of gross revenue. But which firm could it be? Not Skadden or Baker & McKenzie. We’ll likely have coverage on this later. [American Lawyer]
* Apparently the FBI wanted to continue questioning Dzhokhar Tsarnaev under Miranda’s public-safety exception, but a judge read the accused bomber his rights anyway. [Wall Street Journal (sub. req.)]
* “This case is over. Someone should put it out of its misery.” Be that as it may, New York’s attorney general is desperate to get AIG’s Maurice Greenberg on the stand at trial. [DealBook / New York Times]
* “I have had it with these motherf**king snakes in my motherf**king files!” This spring, clerks in this old Mississippi courthouse are finding more and more snakes filed under “Ssssssss.” [Associated Press]
* On this episode of Supreme Court Retirement Watch, we learn that for whatever reason, Justice Breyer is “having the time of his life,” and so once again, all eyes are upon Justice Ginsburg. Maybe in 2015, folks. [The Hill]
* How unusual that a federal judge would see a confirmation in less than three months. If only Chuck Grassley owed favors to all of the nominees. Congratulations to Jane Kelly, now of the Eighth Circuit. [Legal Times]
* Thanks to an unprecedented ruling from Judge Dolly Gee, mentally disabled immigrants facing deportation will receive government-paid legal representation. New law school clinics, assemble! [New York Times]
* “Among the things the ABA is working on, this may be the most important.” Too bad the Task Force on the Future of Education seems to suffer from too many cooks in kitchen. [National Law Journal]
* Another one bites the dust: Team Strauss/Anziska’s lawsuit against Brooklyn Law School over its allegedly phony employment statistics has been dismissed. Sad trombone. [WSJ Law Blog (sub. req.)]
* Justin Teixeira, one of the Berkeley law students accused in the Las Vegas bird beheading, waived an evidentiary hearing so the media couldn’t squawk about video images they’d see. [Washington Post]
Justice Sonia Sotomayor is a Wise Latina who seems to have a history with drugs. In her memoir, My Beloved World (affiliate link), she recounts the time her ex-husband tried to make her pop pills on their wedding night. She also tells the tale of unknowingly driving her cousin to a drug den (where he apparently did heroin) while she was working as a prosecutor. Later in her career, she asked about cocaine from the bench — specifically, if it could be made into a rock form without using a base.
From pills, to heroin, to crack cocaine, it seems like Sotomayor’s got all of her bases covered when it comes to drugs, but she claims not to have used any of them. Well, what about marijuana?
Come on, it’s just a little pot. Everyone smokes pot. Hell, 47 percent of our readers admitted to smoking it habitually. Some would wager that even Supreme Court justices smoke weed in the privacy of their own homes (they don’t sniff glue, though; ask AMK about that one). But no, not Sonia Sotomayor — that goody two-shoes doesn’t puff, puff, or pass, and she even quit her 3½-pack-a-day cigarette habit.
So then how does this woman know so freakin’ much about joints?
Sequestration has government lawyers going on mandatory furloughs and facing ethical dilemmas. But the federal bench has cause to bust out the bubbly.
On Monday, the Supreme Court took a pass on an appeal from the Federal Circuit that ordered the government to pay cost-of-living adjustments to six federal judges that the feds routinely stiffed over the last 20 years or so.
Sure, right now this only applies to the six judges who sued, but it’s only a matter of time before a huge swath of the federal judiciary takes the government to court.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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