That’s not the way we do business. We’re not Republicans or Democrats.
– Chief Justice John Roberts, speaking at the University of Nebraska-Lincoln College of Law. The Chief Justice has made dispelling the impression of partisanship the cornerstone of his public relations efforts, pointing to a steady stream of 9-0 decisions. It’s a talking point that Dahlia Lithwick has termed faux-nanimity. Still, the Chief Justice soldiers on, hoping that no one looks into what Virginia Thomas is up to or where Justice Scalia goes hunting.
For lawyers who enjoy thinking and writing, but don’t have much taste for the hand-to-hand combat of discovery, appellate practices are pure joy. Appellate advocates bask in the intelligence and majesty of the law, without having to do daily battle with psychopaths.
For big firms, appellate practices are the crown jewels of the litigation side of the shop: “We’ve argued cases in the Supreme Court!” “We participated (either on the merits or as amici) in ten percent of the Supreme Court’s docket last year!” Shout it to the heavens! What’s the implicit message?
“We’re doing these cases for free!”
Oh, Herrmann, you’re such a cynic. Surely the implicit message is: “We’re God’s gift to advocacy!”
It’s a marketer’s dream.
But one leading appellate lawyer recently told me that the Great Recession has hurt his practice in ways you wouldn’t expect. And I’m here to tell you that, although appellate practices done right can help a firm, appellate practices done wrong are dangerous things . . . .
It’s Constitution Day, or technically Constitution Day and Citizenship Day, because it’s a holiday so nice Congress named it twice. And Congress doesn’t mess around with this event: by law, all publicly funded educational institutions and all federal agencies must provide educational programming on the history of the American Constitution today. So if you see someone dressed up as a Founder today, they’re probably a teacher. Or an incompetent lawyer.
In the spirit of teaching constitutional law, and generally making learning fun, I wanted to focus on the professorial stylings of Professor Josh Blackman. A couple weeks ago, I noticed Professor Josh Blackman tweeting out memes he’d created to describe Youngstown v. Sawyer. If you can inspire a chuckle (or frankly anything) over seizing steel mills, then you’ve accomplished something. He told me that he often employs memes to hammer home his lessons. And when you think about it, memes are the perfect medium for teaching constitutional jurisprudence: you take something established and scribble new stuff all over it.
Let’s look at some of his work. Maybe readers can come up with some other clever entries….
* If you want to know why Justice Sonia Sotomayor’s summer was “really not fun,” it’s because she spent it reading a book about Justice Antonin Scalia and a book written by Justice John Paul Stevens. [Washington Whispers / U.S. News & World Report]
* “There is less money to pay everybody.” Corporations are shifting more and more of their legal work to their in-house lawyers, and some law firms — especially smaller ones — are feeling the financial squeeze. [WSJ Law Blog]
* If you’ve wanted to know what federal judges discuss during their bathroom breaks, stop wondering, because it’s not that exciting. All they talk about is their “stupid little trials,” and get overheard by jurors and forced into disclosures. [New York Daily News]
* Dewey know why the former leaders of this failed firm want their criminal indictment dismissed? It’s because the case is allegedly based on a “flagrant misunderstanding of the law.” [New York Law Journal]
* If you want to own a “piece of history,” Jodi Arias is auctioning off the glasses she wore during the first phase of her murder trial. She intends to donate the proceeds of the sale to (her own?) charity. [Daily Mail]
Two hundred years ago yesterday, on September 14, 1814, a Washington, D.C. lawyer penned the words to what would become the United States’ national anthem. Today that man, Francis Scott Key, is better known as a lyricist than a lawyer. But at the time, the judge’s son, born to a wealthy slave-owning family in Maryland,was well respected in Washington’s legal and political circles.This week, On Remand looks back at Francis Scott Key’s legal career and some laws and lawsuits featuring Key’s composition, The Star-Spangled Banner.
By 1814, the thirty-five-year-old Key had already argued several cases in front of the Supreme Court. The most famous case, Mills v. Duryee, was the first time the Supreme Court construed the Constitution’s Full Faith and Credit Clause. Key argued that a judgment from one state, when presented in another state, was merely one piece of evidence to be weighed with all other evidence. Justice Story, delivering the majority opinion, thought little of Key’s argument, writing that it would render the Full Faith and Credit Clause “utterly unimportant and illusory.”
Key’s power of persuasion didn’t lead to victory at the Supreme Court. But, a year later, Key’s advocacy for a prisoner of war brought him near the frontline of the War of 1812. What he watched “o’er the ramparts,” then observed afterwards at “dawn’s early light” from a ship in Baltimore Harbor, became the inspiration for our national anthem….
She doesn’t needed to be educated about rap music.
* “Operas can get pretty gory. I should have put that in my brief.” In the upcoming Supreme Court term, it looks like law clerks will have to educate their justices about the intricacies of rap music’s sometimes violent lyrics. [National Law Journal]
* The pay gap between equity and non-equity Biglaw partners is growing wider and wider. According to recent survey, on average, equity partners are bringing home $633K more than non-equity partners each year. [Am Law Daily]
* Hackers are targeting Biglaw firms to acquire their clients’ important secrets. Unfortunately, no one is brave enough to step up to the plate and say their firm’s been hit — admitting that “could be an extinction-level event.” [Tribune-Review]
* Which Biglaw firms had the most satisfied summer associates this year? There was a big rankings shake-up at the top of the list this time around, and we’ll have more on this later today. [Am Law Daily]
* In the wake of the Ray Rice scandal, Adrian Peterson screwed up many of your fantasy football teams after he was indicted for hurting his child “with criminal negligence.” He’s now out on $15,000 bail. [CNN]
* Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today]
* Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king. [DealBook / New York Times]
* Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat]
* After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics like a boss before returning to her class at Fordham Law to teach property. [New York Times]
* Try as he might, the Blade Runner just can’t outrun the law: Oscar Pistorius might have been cleared on the murder charge he was facing, but now he’s been found guilty on a culpable homicide charge. [CNN]
* The justices of Supreme Court of the United States will discuss gay marriage cases from five states during their “long conference” at the end of the month. Which ones will they decide to take? Help us, Justice AMK! [National Law Journal]
* This law school is having some troubles adjusting to the “new normal.” Not only is its administration planning back-to-back tuition hikes, but it’s asking the state for help with its deficits. Yikes, that’s not good. [The Republic]
* This Gonzaga Law professor thinks that playing poker is part of having a balanced life. He might not come home with much after his games, but “it’s better than a kick in the head.” [Spokesman-Review]
* Following a “marathon trial marked by screams, tears, vomit, anger,” Oscar Pistorius has been found negligent, but not guilty of premeditated murder. Expect a final verdict tomorrow, perhaps. [USA Today]
The start of the new Term of the Supreme Court of the United States is about a month away. So now is a good time to do a new round-up for Supreme Court clerk hiring. As it turns out, there are more than enough unreported hires for a fresh story.
And there’s other SCOTUS clerk news to share as well. Remember last year, when law firm signing bonuses for SCOTUS clerks hit a new high of $300,000? Well, try to stop yourself from turning green with envy, but some firms are now offering even more than that.
How much are these kids — and yes, many of them are kids, in their mid-twenties — taking home in signing bonuses? Yes, signing bonuses, on top of their usual six-figure associate salaries….
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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.