Alan Dershowitz (left) and Steven Molo of MoloLamken.
I recently had the pleasure of attending a talk by Alan Dershowitz, the legendary lawyer and law professor who recently “retired” after teaching at Harvard Law School after 50 years. I place “retired” in scare quotes because, as Dershowitz explained to the Boston Globe, “My retirement consists of reducing my schedule down to only about 10 things at any given time.”
Indeed, judging from the energy he displayed in his appearance at the Harvard Club of New York, the indefatigable attorney and public intellectual shows no signs of slowing down. The prolific author just published yet another book, a well-received memoir, Taking the Stand: My Life in the Law (affiliate link).
Here are some highlights from Professor Dershowitz’s remarks….
Edward Snowden returned to the news this week when NBC aired an hour-long interview with him, the first on American TV. Anchor Brian Williams met with Snowden in a Moscow hotel. The 30-year-old former computer systems administrator described his motives for releasing an unprecedented payload of classified information about NSA surveillance.
Snowden is vexing. As a person, he seems a mix of likeable and unlikeable traits. He appears earnest, convinced of the rectitude of his choices even if, as he told NBC, “Sometimes, to do the right thing you have to break the law.” Yet he bristles at Obama Administration characterizations of him as a low-level employee, a high-school dropout. (For example, the president told reporters last year, “No, I’m not going to be scrambling jets to get a 29-year-old hacker.”) Even if Snowden is right to resist the connotations of those labels, listening to him defend himself in the interview can be painful. He insists he was “trained as a spy” who lived under an assumed identity and was a powerful operator. He sounds like a young man with a bruised ego. The last thing one wants to have to worry about in a situation of this great national and international importance, though, is one young man’s ego.
Snowden’s case is more important and more vexing. NSA’s surveillance programs are deeply troubling….
In too many ways, 2013 was a year that vindicated the long-standing paranoia of many Americans, particularly the more conservative. A bewildering number of stories littered the news that seemed to confirm exactly the sort of gross government overreach that previously sounded like a delusion of someone whose eyes were scanning the skies for black helicopters. In spring 2013, for example, we learned that the IRS had been targeting the 501(c)(3) applications of conservative and libertarian organizations, apparently based solely on their political and philosophical affiliations. Nothing in 2013, though, fanned the flames of political paranoia quite like revelations of the National Security Agency’s mass surveillance programs.
In Clapper v. Amnesty International USA, decided in February, the U.S. Supreme Court dismissed Amnesty International’s constitutional challenge to a portion of the FISA Amendments Act of 2008. In its 5-4 opinion, the Court found that Amnesty lacked Article III standing, in part because the plaintiffs could not show that they had necessarily been targeted for surveillance. When Edward Snowden later disclosed details of the NSA’s PRISM surveillance program, civil libertarians experienced something of a Pyrrhic victory. Standing would not be a problem in many future lawsuits because the revelation of PRISM established that millions of Americans had been subject to some NSA spying. The only question was whether that surveillance amounted to a violation of the law.
As we leave 2013 and 2014 dawns, some new developments have emerged . . . .
* Judge Richard Leon’s decision in the NSA surveillance case is ripe for review by the D.C. Circuit, and given the court’s new make-up, we could see a very interesting result. Oh, to be an NSA agent listening in on those calls. [National Law Journal]
* With seven business days left until 2014, law firms all around the country are still desperately trying to get paid. Lawyers are working hard for the money — 83.5 cents to the dollar — so you better treat them right. [Wall Street Journal (sub. req.)]
* Who you gonna call? Your local bankruptcy attorney. Alston & Bird, currently housed in Heller’s old digs in Silicon Valley, will head to a new office whose former occupants include Dewey, and Howrey, and Brobeck, oh my! [Am Law Daily]
* Four were arrested in the tragic murder of attorney Dustin Friedland, and each is being held on $2 million bond. One of the alleged assailants has a history of putting guns to other people’s heads. [NJ Star-Ledger]
* “I think it would be wise for the NCAA to settle this now.” Thanks to the Ed O’Bannon lawsuit, the world of college sports will be forever changed, so all those video games you’ve got are now antiques. [CNBC]
* Tom Cruise settled his defamation lawsuit against a tabloid publisher over claims that he’d abandoned his daughter during the pendency of his divorce proceedings. Xenu is pleased by this announcement. [CNN]
* Yesterday we posted our holiday tipping thread, heavily citing Corporette’s Kat Griffin. Now she’s posted her own guide and we’re linking to it. It’s like Inception up in here. [Corporette]
* Why fashion gets knocked off: delving into the world of design patents and trade dress. [Fashionista]
* Comparing the modern NSA to the intelligence-gathering techniques employed during the American Revolution. Interesting stuff, but a total cover-up job. Where’s the discussion of Ben Franklin’s “electric kite drones,” eh? You must think we’re pretty naïve, Logan Beirne. [Fox News]
* Incredibly sad, but also incredibly fascinating: if a child is rendered brain dead by a possible medical mistake, should the state honor the wishes of the family to keep the kid on life support even though every day on life support makes an investigation into the cause of death harder? [CNN]
* Loyola University Chicago introduces a new curriculum to give students an opportunity to get real-world experience with a judge or practicing lawyer before graduating. A law school focusing on training lawyers to be lawyers? This isn’t all that surprising when you look back at Dean Yellen’s previous work. [Loyola University Chicago]
* Congratulations to Therese Pritchard on her election as the first female chair of Bryan Cave. We’re big fans… until you fail to leak your bonus memo to us first. The ball’s in your court now Pritchard. [WSJ Law Blog]
* The venerable Green Bag is parting ways with GMU Law. Thankfully, it has already found a new home. [PrawfsBlawg]
* Former White House attorney John Michael Farren who we reported on a lot in the past about beating his wife nearly to death… was found liable for beating his wife nearly to death. So that happened. [News Times]
You get objectified and denied all control over your own sexuality. You’re welcome.
* Judge Brian Cogan has ruled that a group of New York Catholic institutions doesn’t have to provide health insurance plans that include birth control coverage to its employees because… insurance policies with provisions that other people may or may not ever invoke is a religious thing. Too bad no one told the Catholic Church in New York, which already pays for insurance that provides birth control coverage and has for years. [Jezebel]
* Judge Richard Leon’s decision ruling the NSA metadata gathering program unconstitutional makes a lot of good points, but perhaps the best is that even if you think there’s a compelling counter-terrorism concern that trumps constitutional safeguards, the NSA just can’t point to it. Of course we’ll all be singing another tune when the Moldovans take over. [Lawyers, Guns & Money]
* Here’s a tale of dealing with a Biglaw bully. I don’t get the concept — being locked in a locker is way better than spending the whole night conforming edits. [Big Law Rebel]
* Elie appeared on the Lawyer 2 Lawyer podcast to discuss drones. [Lawyer 2 Lawyer]
* Eyewitness testimony is often disastrously wrong. Suddenly that “Eyewitness News” title your awful local news channel uses seems really appropriate. [Slate]
* A guide for tech startups and software developers dealing with contracts. I’m looking in your direction, Winklevoss twins. [Alleywatch]
* An IP lawyer makes a rap video. His record may affirm that he knows IP, but I don’t think Death Row is going to be calling any time soon. Video embedded below…
* With a government shutdown looming, the Supreme Court will likely go about business as usual. In fact, Justice Alito is rolling his eyes at the mere concept of closing the Court’s doors as we speak. [SCOTUSblog]
* But in the meantime, both the Department of Justice and the federal judiciary are hunkering down and waiting for the collapse of law and order thanks to all of our petulant politicians in Washington, D.C. [Blog of Legal Times]
* Justice Scalia thinks the NSA’s surveillance programs may come before SCOTUS for an examination of a “right of privacy that comes from penumbras and emanations, blah blah blah, garbage.” [Associated Press]
* Perhaps it’s due to the “hangover from the collapse of the markets in 2008,” but white-collar defense practices are on the rise in Biglaw, and the firms’ leaders could not be happier. [Philadelphia Inquirer]
* Another law school ranking just means there’s another way for Yale to whoop Harvard’s ass. Now we know that Lat’s alma mater is slightly better at producing law deans than Elie’s. [National Law Journal]
* A motion to dismiss has been filed, and now Jill Kelley, the Florida socialite who assisted in bringing about the end of General David Petraeus’s career in the CIA, is watching her legal case unravel. [CNN]
* Apple gave the iPhone 5 fingerprint database to the NSA. This would be a gross invasion of privacy but Tim Cook masterminded this, so the NSA got the Ecce Homo of fingerprint image captures. [Hackers News Bulletin]
* Charlie Sheen got dismissed from jury duty after only one day. #winning [TMZ]
* Gordon from Sesame Street lost his palimony case. That’s because he was trying to duck out on the woman who mothered his “1… 2… 3… 4 kids! [thunderclap] Ah… ah… ah!” [Jezebel]
* Remember the early days of Twitter? Legal Cheek went back and found some of the earliest Tweets from British legal luminaries. It’s just funnier when you imagine an English accent saying, “I appear to be on Twitter… why, I have no idea.” [Legal Cheek]
* If you saw last week’s post on crazy people who claim that no court can try them because of maritime law, check out this epic opinion from Canada. Identifying those folks, like the maritime gang from last week, as Organized Pseudolegal Commercial Argument (“OPCA”) litigants, the opinion is 180 pages seeking “to uncover, expose, collate, and publish the tactics employed by the OPCA community.” [Alberta Courts]
* Police crack down on a motorized bar stool. That’s fair, because if there’s one motor vehicle that you’re likely to fall off… [Lowering the Bar]
* An HLS grad working for the World Bank was rescued from the Kenyan mall hostage crisis. We wish her the best. [Daily Mail]
* Senator Elizabeth Warren and Professor Lawrence Lessig are going to be speaking at an event called “The Founders v. The Roberts Court: Corruption, Campaign Finance, and McCutcheon v. FEC” tomorrow at noon Eastern. The event will be livestreamed at the link. [Constitutional Accountability Center]
* Craigslist is suing Craigstruck, a company that specializes in delivering items ordered off of Craigslist. It’s how all those $5/hour attorneys get from place to place. Anyway, the owner of Craigstruck proposed to settle the legal dispute via football wager with Craigslist. If only all disputes could be settled this way. Video wager after the jump…
* Overrated: Government surveillance is out of control. Underrated: Government spending massive amounts of money making the Army’s Intelligence and Security Command look like the set of Star Trek: The Next Generation is out of control. [Lowering the Bar]
* Helen Wan explains “The 5 Rules Every New Associate Must Know.” Not included: learning all the technical details required to convincingly say your smartphone failed to get that 1 a.m. message. [The Careerist]
* Another post in the fascinating series about creating visual maps of Supreme Court doctrine. It’s like a nerdier version of the The Atlas of Middle-Earth (affiliate link). [PrawfsBlawg]
* Ilya Somin reviews the Supreme Court’s most recent Takings Clause jurisprudence. It’s a lot harder for the government to take your property away. But don’t worry, it’s still really easy to lose all your property to unregulated markets. [The Volokh Conspiracy]
* The Office of the Solicitor General may have inadvertently helped out Frederick Oberlander and Richard Lerner, the two lawyers charged with criminal contempt for talking about a cooperator’s sentence (if you can call a $25,000 fine for admitting to a $40 million fraud a “sentence”) that the feds claim was sealed. [Wise Law NY]
* A somewhat sad art show based on requests from prisoners in solitary. Some beautiful stuff here. Though I’d have expected more “Rita Hayworth” photo requests. [Gawker]
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.