Theodore Boutrous Jr.

Won’t somebody please think of the children?

That quote comes from the contemptible Helen Lovejoy and probably a bunch of other sanctimonious folks trying to dupe the public into backing some BS agenda armed with the logical fallacy of an emotional appeal. The devil of it is these empty emotional pleas are so convincing to a lot of people. Sadly, lawyers aren’t above pulling this card to snowjob judges and the media.[1]

After the Vergara v. California decision there was a brief volley of commentary before everyone moved on to the next big event. The decision struck California’s teacher tenure law as unconstitutional because granting tenure to experienced teachers could possibly, maybe mean that a “bad” teacher couldn’t be fired fast enough. The decision earned the praise of a bi-partisan peanut gallery from the dwindling posse of Republicans in California to Secretary of Education and NBA Celebrity All-Star MVP Arne Duncan.

Everyone seems to want in on the “education would be peachy if it weren’t for the teachers” movement — including a metric s**t ton of Biglaw bigwigs. Gibson Dunn’s Ted Boutrous and Randy Mastro spearheaded the Vergara case. Ted Olson advised. David Boies is the chair of the Partnership for Educational Justice, a group fronted by former CNN anchor Campbell Brown bringing a similar lawsuit in New York fronted by Kirkland’s Jay Lefkowitzpro bono, of course. Now even Professor Larry Tribe is in the mix.

Stop the sanctimonious love-in. They aren’t championing children, they’re either starstruck or shilling or both. I mean, the Republicans have always wanted to kill unions because it’s easier to gut public schools for fun and profit. Democrats have jumped on board more recently because they want to suck up to tech billionaires like Bill Gates who preach that fixing the public education system that they never really participated in themselves is as simple as building an internet browser (which it is, if you want Internet Explorer).[2]

And all these legal luminaries throwing their reputations behind this effort just highlights how flimsy it is, as a matter of law and policy….

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Next time, brown bag it.

* The makeup of the Foreign Intelligence Surveillance Court is very homogeneous. Out of 14 judges who served this year, 12 are Republican and half are former prosecutors. Some diversity please? [Reuters]

* Dewey know how much Judge Martin Glenn shaved off of Togut Segal & Segal’s $8.8M fees and expenses in the latest D&L payout approval? Just $167.76 for subway fare and meal overages. [Am Law Daily]

* Ted Boutrous of Gibson Dunn is a very busy man, but he’s been categorized as a “Twitter freak.” The man is a self-professed news junkie, and he follows @atlblog, so you know he’s cool. #winning [Bloomberg]

* Facebook has named a new general counsel. We wish a very warm welcome to Colin Stretch, a man who’s a Harvard Law graduate, a former Kellogg Huber partner, and a former Supreme Court clerk to Justice Breyer to boot. [Facebook]

* If you’re waiting for your check to come for the BARBRI class action suit that was settled back in 2007, then keep waiting. But hey, at least the law firms are starting to get paid. [National Law Journal]

* Ariel Castro, a man you might’ve eaten ribs with, is looking at additional indictments in the kidnapping case against him. Thus far, he’s pleaded not guilty to all of the 329 charges he currently faces. [CNN]

Today, the National Law Journal released its list of the 100 most influential lawyers in America. The NLJ releases a similar list once every few years, and each time, the nation’s top lawyers — some from Biglaw, some from legal academia, some from the in-house world, and some from the trial and appellate bars — celebrate their success in creating real change in the industry. That said, the people named to this list are relatively well-known to the general Above the Law readership, but they won’t exactly be household names to laypeople.

Which legal eagles soared into the NLJ’s list this time around? Well, the NLJ selected their influential lawyers based on their political clout, legal results, media penetration, business credibility, and thought leadership. We’ve whittled the impressive list of 100 down to our own top 10.

So who made our cut?

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Ed. note: This is the second installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give a notable law firm partner an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Theodore Boutrous, Jr. is co-chair of Gibson Dunn‘s appellate and constitutional law groups. He is also a member of the firm’s executive and management committees.

1. What is the greatest challenge to the legal industry over the next five years?

For law firms to maintain strong, lasting bonds with clients and distinctive brands and cultures rather than transforming into large, largely fungible, faceless, bottom-line business enterprises.

2. What has been the biggest positive change to the legal profession since the start of your career?

Technology has revolutionized the legal profession, enhancing productivity, and improving the quality of work, life and client-service capabilities.

3. What has been the biggest negative change to the legal profession since the start of your career?

The demise of law libraries as special sanctuaries for thinking and contemplating and generating ideas.

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