Today’s majority cannot resist taking potshots at Abood… but it ignores the petitioners’ invitation to depart from principles of stare decisis. And the essential work in the majority’s opinion comes from its extended (though mistaken) distinction of Abood… not from its gratuitous dicta critiquing Abood’s foundations. That is to the good — or at least better than it might be. The Abood rule is deeply entrenched, and is the foundation for not tens or hundreds, but thousands of contracts between unions and governments across the Nation. Our precedent about precedent, fairly understood and applied, makes it impossible for this Court to reverse that decision.
– Justice Elena Kagan, using her dissent in Harris v. Quinn to shore up the compelling case that Abood cannot be reversed. Which is going to be downright hilarious next term when the Court goes ahead and reverses it.
* You’d think a tax attorney would remember to file a tax return. You’d be wrong. [SF Gate]
* You think you have difficult clients? Try representing a sovereign hellbent on making political hay by contradicting every representation you make in court. [Reuters]
* Dov Charney out at American Apparel. And he seemed like such a nice guy… [Slate]
* The Central Park Five civil rights lawsuit has settled for $40 million — or roughly $1 million for each year the accused spent in prison. [New York Times]
* It’s a bad week for everyone affiliated with the Miami Heat. Now they’re losing to bloggers. [South Florida Lawyers]
* In an unfortunate follow-up, the effort to unionize some lawyers at Bloomberg has fizzled and the primary organizer has been fired with no severance and a baby on the way. Which is surely a complete coincidence and not related to his organizing activity at all. [Fortune]
* Former Delaware Supreme Court Justice Carolyn Berger has resigned and she is not bashful that it’s all to do with being passed over as chief justice in favor of Leo Strine. [Delaware Law Weekly]
* Yale Law grad and former Senior Counsel to the World Bank, Karen Hudes, wants you to understand that JFK was killed over the gold standard and that there’s a species of coneheads in control of the Vatican. We should do a Career Alternatives on her. Video after the jump… [Starship Earth: The Big Picture]
* The NCAA’s president thinks Northwestern’s sports union will be the first case of its kind to be heard by the Supreme Court, and his brain hasn’t even been scrambled by concussions. [Bloomberg]
* “If I’d come up with it, I’d probably be proud of it.” If this Georgia lawyer had used the “my client is too handsome for rape” defense, perhaps there wouldn’t have been a conviction. [Daily Report (reg. req.)]
* A few weeks ago, we wrote about the best law schools for making money. Since then, the rankings were revised due to error. Where does your school stand now? We’ll chat about this today. [Forbes]
* “[L]awyers aren’t retiring or dying nearly fast enough for us to fill their spots.” Perhaps statements like this about the job market wouldn’t be so prevalent if U.S. News told pre-law applicants the truth. [NPR]
* Law students will call you out for your behavior, even if you’re a police officer This one is suing the NYPD for false arrest after questioning their food truck tactics. We’ll have more on this later. [New York Post]
* The shaming of Professor Rene Reich-Graefe continues, with Steven Harper weighing in. Law professors… so many people are onto your game of creating rosy scenarios to dupe prospective law students. Maybe you could spend more time trying to fix the problem in legal education, and a little less time trying to hide it? [Belly of the Beast]
It’s a tough month for Mike Bloomberg. First his vaunted stop-and-frisk program is gutted and, despite his protestations that it was necessary, serious crime has dropped. And now a key component of his old company that he worked so hard to keep inhospitable to organized labor may be unionizing.
At least he has a few billion dollars to keep him from getting too sad.
But in the meantime, the process of setting up a union continues at Bloomberg Law. Can lawyers really unionize? What might this mean for the profession as a whole?
Ideally, prosecutors can afford a bed instead of just a park bench.
Did you hear the one about prosecutors going on strike? No? Me either, until now. A county DA’s office in the San Francisco suburbs announced this week they are considering striking to protest new, unpopular labor contract.
As David Lat said when I told him about the story, “Wow, that’s wild.” The idea of prosecutors going on strike struck Lat as comparable to the prospect of police officers going on strike.
Why exactly does the prosecutor’s office feel like a walkout might be justified? Maybe being “the most understaffed, overworked prosecutorial unit in the Bay Area” has something to do with it…
Both methods predict that Obamacare is going down.
The Post has not opined on a more reliable method to learn what the Court’s decision will be: chill out and wait for the Court to issue its decision next week. But they have pages to fill; one can forgive a bit of silliness.
The Court did, however, issue four opinions today, in some of the big cases on its docket.
Is Wisconsin experiencing the worst Super Bowl hangover ever?
Is there a huge difference between living in a North African country and living in the state of Wisconsin right now? Can somebody please send in Richard Engel to conduct an interview with a bearded lumberjack making a barricade out of cheese?
In case you haven’t been following along (and I understand that it’s not as exciting as the next Charlie Sheen interview), Wisconsin no longer has a functioning government. I’m not exaggerating. The Republican Governor, Scott Walker, and the Republican legislature basically want to take away the right of unions to collectively bargain.
In response, Democrats have fled the state. Again, I’m not exaggerating here. Instead of allowing democracy, however disagreeable the outcome, to play out, 14 Democratic legislators have simply decided not to play. They’ve fled, preventing the legislature from getting together a quorum to vote on Walker’s budget.
And man, are there protests. It’s getting to the point where if Wisconsin had a functioning government, it would probably declare martial law….
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.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.