Nine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.
And then all manner of shock and hand-wringing commenced.
It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?
– Justice Antonin Scalia, when asked to compare his judicial philosophy to that of Justice Clarence Thomas. The story comes to us from an anecdote told by Jeffrey Toobin a couple years ago that is now available on video.
(Do you want to see the video? Of course you do. It’s beyond the jump…)
* Utah is appealing its gay marriage case directly to the Supreme Court, presumably because the state’s attorney general doesn’t even want to bother with an en banc hearing before the Tenth Circuit. This should be good. [Salt Lake Tribune]
* Perkins Coie recently appointed its first ever Washington, D.C.-based managing partner in its 102-year history. Congrats to John Devaney, who will lead a “true national firm” beginning in January 2015. [Capital Business / Washington Post]
* When your career goes awry in Biglaw through no one’s fault but your own, you can end up living your life in shame or in jail. We’re going venture a guess and say the former is nicer than the latter. [Am Law Daily]
* How can law school graduates obtain law work experience? Simple. Get on your knees and learn how to please. Just kidding. Take some advice from this “poorly written” article instead. [CollegeRecruiter.com]
* Everything about Lacey Jonas from Grand Theft Auto V is so Lindsay Lohan-esque that she should totally win her lawsuit. Just take it from someone who’s “no legal expert, but know[s] [her] tabloid stars.” [TIME]
* Need a break from bar exam studying? Searching for something to do as a summer associate? Are you an attorney in need of fun? Come to tonight’s trivia event! All are welcome, sign up here. [Above the Law]
As the Supreme Court’s October Term 2013 fades into memory, and the bickering over Hobby Lobby subsides, let’s look ahead to October Term 2014 — and beyond. We know now the identities of all the OT 2014 SCOTUS clerks, as well as a growing number of the clerks for October Term 2015.
The clerk hiring contains some bad news for Dean Erwin Chemerinsky and other liberals who want Justice Ruth Bader Ginsburg to retire before it’s too late. The Notorious RBG has picked her posse for OT 2015, suggesting that she won’t be leaving the Court anytime soon.
But let’s not get ahead of ourselves. First let’s look at the official list of Supreme Court law clerks for October Term 2014, starting up in just a few months….
* The criminal codes violated in Transformers: Age of Extinction. Violations of the code of good filmmaking not included. [The Legal Geeks]
* Remember the guy who turned Justice Ginsburg’s Hobby Lobby dissent into a song? It turns out he’s been recording a song a day since 2009 and that was his first hit. Congrats! Hopefully next Term Justice Alito can declare suffocating orphans constitutional so this guy can have a follow-up. [Music.mic]
* How to end an internship? The key is drunkenly denouncing all your bosses in public. Oh, how to end an internship positively? Well, then I’m going to need some advice. [Corporette]
* Fracking interests have a new plan to promote the well-being of those living in affected areas: pay them $50,000 to grant universal releases. This doesn’t make fracking sound dangerous at all. [Pro Publica]
* Hey folks taking the New York bar exam at the Javits Center! Order your lunch. [Custom Gourmet]
* Insurance companies are asking American customers to go to Tijuana for medical care. “I know you need heart surgery, but have you considered how awesome it would be to take in a donkey show after your release?” [New Republic]
* Mitchell Epner, who is basically our Donald Sterling beat reporter, has a recap of the first day of the proceedings. [mitchellepner]
* Conviction for multiple sexual assaults “can be the basis of an interim suspension of his law license.” Seems like that should be a little more definite. [Legal Profession Blog]
* One of the underappreciated challenges in state and local governance is the inability to permalink statutes. [Government Executive]
* Squire Patton Boggs has announced the new leadership structure of its lobbying and public policy practice. It’s really no surprise that the head honchos of the group hail from the Patton Boggs side of the recent merger. [Politico]
* “It’s funny how the Supreme Court reaches down and picks this case.” The most important digital privacy case of our time just happened to be filed by Stanford Law’s SCOTUS Litigation Clinic. Awesome. [San Jose Mercury News]
* If you’re caught on camera sleeping during a Yankees/Red Sox game, you can probably expect abuse from ESPN announcers. If you call someone an “unintelligent fatty” as an announcer, you can probably expect a $10M defamation suit. [New York Post]
* MoloLamken offers its comprehensive review of the Supreme Court’s recently concluded adventures from the perspective of businesses. Spoiler alert: businesses did really, really well. [MoloLamken]
* Former seminary dean lied about his religious background and then tried to sue the guy who called him out on it. Benchslapping ensued in a fee decision: “Plaintiff’s sparse trickle of written argument gave way at the hearing to an overflow of objectively unreasonable claims…. Plaintiff either cast unsupported aspersions or asserted boldfaced contradictions, adopting whatever narrative best served him at the time.” In fairness, those sound like they might be assets in organized religion. [Religion Posts]
* If you want to know what’s up in the energy sector, Breaking Energy now has a “Law Firms Perspective” feed. [Breaking Energy]
* Discretion is the better part of valor: gamblers turned down around $1.5 million payout to sue casino for illegal detention… and then lost. [ATL Redline]
* I’ve said before that I find the concept of legal tattoos fascinating. This one is incredibly meta….
* If you’ve been dying to know what the partner compensation spread looks like at your firm, then we’ve got your fix. Check out the insane 23 to 1 spread over at Perkins Coie. [Am Law Daily]
* “It’s a complete structural change, and it’s not going away. The end result is fewer graduates, and fewer law schools.” With enrollment still dropping, the end seems near. [Boston Globe]
* “I predicted the collapse of legal education, but I didn’t quite predict how bad it would be.” Dean Frank Wu of UC Hastings Law is fighting his way out of a rankings slump. Good luck. [The Recorder]
* Widener is the latest law school to roll out a solo / small firm incubator. Only grads from the class of 2014 may apply. Earlier grads are ineligible because they presumably have jobs… maybe. [PennLive.com]
* You may think Chief Justice Roberts and Justice Scalia are “stuck in the past” and “disconnected from the real world,” but you may be wrong. You can read Uncertain Justice (affiliate link), by Laurence Tribe and Joshua Matz, to find out why. [New York Times]
* A judge has denied bail for the Georgia man accused of sending sext messages during his seven-hour work day while his 22-month-old son was left to die in his hot car. Ugh, this is terribly sad news. [CNN]
Everyone is complaining about the Supreme Court. Whether you’re reading constitutional scholars or Facebook rants the consensus is that Hobby Lobby was a disaster. Except for the song.
So why not create your own Supreme Court?
Consider this an invitation to build a fantasy Supreme Court. Here’s a list of all the justices in history to choose from (or argue the merits of some deserving luminary who never — or hasn’t yet — made the Court). Choose a full complement of 9 or just pick one — we’re just playing around here.
Ed. note: Above the Law will have a reduced publishing schedule on Friday, July 4, in observance of the day when Will Smith beat those aliens.
* Two state supreme courts rejected the bids of guns rights advocates to give felons the right to own guns. But if you outlaw guns, only outlaws… wait, that slogan doesn’t work here. [The Volokh Conspiracy / Washington Post]
* Hobby Lobby fallout. Religious groups are asking President Obama to accommodate their “sincerely held belief” that gay people don’t deserve jobs. [Talking Points Memo]
* On the other hand, Hobby Lobby opens the door to student loan forgiveness. [Tyler Coulson]
* People hated talking to Steve Jobs about their work. Was it because kids these days don’t understand the value of hard work? Or was it because computer geeks are notoriously introverted? [What About Paris?]
* Don’t discriminate against people getting divorces — they’ve got enough to worry about. [Adjunct Law Prof Blog]
* Some legal academics think bank executives should be paid in bonds. Here are some arguments against that. [Fortune]
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
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