* The D.C. Circuit struck down a key component of Obamacare while a few miles away, the Fourth Circuit disagreed. This sets up an intriguing circuit split that will be resolved as soon as the D.C. Circuit takes it up en banc. Until then though, let the mainstream media talking heads freak out about what this all means. [NBC News]
* Professor Thane Rosenbaum writes in the Wall Street Journal (natch!) defending the deaths of civilian Palestinians using the same logic that Osama bin Laden used to justify 9/11. He probably should have done a little more research. [Slate]
* Amelia Boone, a Skadden Chicago bankruptcy associate, is a world champion Tough Mudder and Spartan Race runner. Because who says cruelly abusing yourself has to be limited to the work week? [Outside]
This week, Emad Abdullah Hassan, a Yemeni man held at Guantanamo Bay since 2002, renewed his legal effort to fight the policy of tube-feeding detainees on hunger strike in protest against their ongoing detention. Last month, the D.C. Circuit held that the federal courts have jurisdiction over cases where Gitmo detainees challenge the terms of their confinement, though the panel declined to enjoin the practice of forced feeding. (You can read the specific claims in Hassan’s case here.)
Nasogastric feeding, the method used with Gitmo hunger-strikers, is where medical staff deliver liquid nutrition directly to a patient’s stomach via a thin plastic tube inserted through the nose.
Last month, Grantland published a story that led to great harrumphing across much of the internet. Titled “Dr. V’s Magical Putter,” it profiled a golf-club inventor whose big secret — that she was transgender — was revealed slowly, teased until the end like a mystery novel. The eponymous inventor’s death was treated as a mere plot point, puzzled over like everything else about the woman’s life. If you haven’t read the piece yet, I heartily encourage you to do so. I’ll wait.
This weekend, the New York Times published a story that will likely lead to very little harrumphing. This story, the profile of a transgender attorney who represents terror suspects, was written not as thrill-packed pulp fiction, but rather as the sober account of a ballsy attorney who deserves our approbation. If you’ll excuse that last sentence’s shameful bit of wordplay clowning, I promise you the rest of this post will be wholly serious. Because the New York Times story is important both for what it says about a life lived honestly and for what it says about the progress we’ve made in accepting such honesty.
So now, let us name all the interesting things about attorney Zoë J. Dolan. I mean, besides the umlaut….
* I’ve never heard of a “copyist.” Apparently it’s what you call people who “steal” intellectual property that isn’t actually protected. I’d care, but I’m too busy trying to figure out how The Onion would write this blurb. [You Thought We Wouldn't Notice]
* And now time for your annoying “why do LAWYERS get money instead of PLAINTIFFS??????” post: The Stop-and-Frisk edition. While I wait for some of you to get off the turnip truck, I’ll note that I don’t begrudge the lawyers who helped bring to light the horrible NYPD tactics one cent. [New York Observer]
* Tom Cruise’s lawyer almost got Tom Cruise’s ass beat down by Mark Wahlberg’s fists. [Gawker]
* IED explodes in a district attorney’s office in Oregon. No one was injured. So jokes about Stanford blowing up Oregon’s BCS title chances remain totally appropriate and cool. [ABA Journal]
* Every year, people ask if the February LSAT is “too late” if you want to start law school the next fall. And every year, I want to say “How in the f*** can you not get your s*** together to take the LSAT earlier, but just have to start attending law school as soon as possible?” [LawSchooli.com]
* Dewey know which Biglaw firms and ex-partners were sued by the failed firm’s bankruptcy estate? Sadly, they must all be asking, “Howrey going to survive now that Allan Diamond is on the case?” [Am Law Daily]
* You’d probably love to work as an associate on a 9-5 schedule with billable requirements so low you’d get canned anywhere else. There’s just one catch: You’d have a “proportionately lower salary.” [Daily Report]
* “Law professors and law deans are paid too much,” so the ABA is reducing tenure requirements for law school accreditation, which will make it easier for them to be laid off. [Wall Street Journal (sub. req.)]
* The ABA also decided to cut law schools some slack in terms of graduates’ employment data, and it’s likely due to the U.S. News rankings reckoning. Say hello to the 10-months-after graduation jobs statistic. [National Law Journal]
* Following the Windsor ruling, the Social Security Administration is paying claims for married gay couples living in states where same-sex marriage is recognized. As for the rest, better luck next time. [BuzzFeed]
* Author John Grisham was so pissed his books were banned at Guantánamo Bay that he took up the cause of prisoners wrongfully accused, detained for years, and released without apology. [New York Times]
* Almost as if to add insult to injury, Bernie Madoff was allegedly involved in a love triangle with one of his employees who’s about to go to trial. Apparently having dirty money is a desirable trait in a man. [Reuters]
* Amanda Bynes is still in the psych ward on a 5150, and her mother was granted a temporary conservatorship over her cray cray kid’s financial affairs. Way to follow in Britney Spears’s footsteps. [CNN]
“What I said was terrible, mean and downright stupid…. I wasn’t trying to scare anyone, I was trying to be witty and sarcastic. I failed and I was arrested.”
– Justin Carter, in a letter to District Judge Jack Robison
On February 14, in New Braunfels, Texas, Justin Carter was arrested on terroristic threat charges. Carter, then age 18, had been posting on a Facebook page for the game League of Legends. When a friend called Carter crazy, Carter allegedly volleyed back that, yeah, he was messed up in the head and that he was going to “shoot up a kindergarten, watch the blood rain down and eat the beating heart out of one of them.” A Canadian woman who viewed the comment reported Carter to law enforcement officials.
Carter’s father insists that his son immediately followed his first Facebook comment with “LOL” and “JK,” clear indications that Carter was . . . laughing out loud and joking when he wrote. Lest you think that explicitly stating that you are joking is enough to insulate your comments from criminal liability, Justin Carter was arrested, then charged by the Comal County Criminal District Attorney. In Comal County, txtspk cannot save you….
* Thanks to the slow transactional markets in Western Europe, Magic Circle firms like Allen & Overy, Linklaters, and Clifford Chance are struggling to pull a rabbit out of a hat in terms of gross revenue and profits. [Am Law Daily]
* If at first you don’t succeed because of John Ashcroft, try, try again. Former Missouri Supreme Court Judge Ronnie White is once again being considered for the federal bench in St. Louis. Good luck! [Missouri Lawyers Weekly]
* In case you’ve been sleeping under a rock, Boston bombing suspect Dzhokhar Tsarnaev pleaded not guilty to murder charges. He’s looking at life in prison or the death penalty. [Bloomberg]
* Target, if you’re wondering why you’re getting sued, it’s because of this alleged memo explaining that not all Hispanic employees eat tacos, dance to salsa, and wear sombreros. [Huffington Post]
* “Please don’t be hung” is a solemn prayer that’s only useful to a woman whose case is on re-trial. Ex-Bengals cheerleader Sarah Jones’s defamation suit was sent to the jury. [Associated Press]
* This year, like every year before it, SCOTUS is saving the best cases (read: most controversial) for last. We’ll likely see opinions on voting rights, affirmative action, and gay marriage in June. [WSJ Law Blog]
* We know of at least one Biglaw firm that will be putting its increase in gross revenue to work. Boies Schiller is planning to open its first office outside of the United States in the “near-term.” [Am Law Daily]
* If you’d like to get paid under a terrorism insurance policy for your damages in the Boston bombings, you’ll have to wait; the bombings haven’t been certified as acts of terror yet. [National Law Journal]
* Mandatory pro bono work is now required for bar admission in New York, but it’s still not enough to close the justice gap. Now Chief Judge Lippman wants to give non-lawyers a chance to provide legal services. [New York Law Journal]
* Arizona Law recently made the announcement that interim dean Marc Miller has been instated as the school’s permanent dean. What’s not to like about a “new” dean and new tuition cuts? [UANews]
* As many of our readers know, the job market is rough, but apparently if you take some compliance classes in law school, you’ll magically become employable. Great success! [Corporate Counsel]
* Brooklyn Law, do you remember what your old dorm looked like? It’s different now that it’s been transformed into an apartment complex that’s no longer stained with the tears of law students. [Curbed]
The only thing surprising about the revelation yesterday that the Justice Department seized the phone records of AP reporters, is that anyone still cared enough to express outrage.
In a world where both parties (with the implicit support of almost everyone in the country) gladly support the PATRIOT Act and sternly denounce intelligence leaks as the worst breach of security ever, how can anyone be shocked or dismayed that the Justice Department used its broad investigative powers in an effort to stop a leak?
Conservatives, liberals, and reporters alike have little room to seriously complain…
Earlier this week, President Barack Obama reiterated his interest in shutting down the prison at Guantanamo Bay: “I’ve asked my team to review everything that’s currently being done in Guantanamo, everything that we can do administratively, and I’m going to reengage with Congress to try to make the case that this is not in the best interests of the American people.”
President Obama isn’t alone in being troubled by goings-on at Guantanamo. This morning I attended an interesting panel discussion where a retired admiral, the former Judge Advocate General of the Navy, spoke out in favor of closing Gitmo….
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.