Ed. note: This is the first installment of “On Remand,” a legal-history column by new writer Samantha Beckett. You can read her full bio at the end of this post.
The statute of limitations never expires on an interesting legal story, so each week “On Remand” will report on legal aspects of a story from the past using a “this day in history” theme. First up, Beatlemania!
Five years before John, Paul, George, and Ringo crossed Abbey Road, they crossed the pond and invaded U.S. living rooms. Fifty years ago last night, the Beatles appeared on The Ed Sullivan Show for the first time. The floppy-haired Fab Four were warmly welcomed by shrieking fans and America’s version of royalty – the King himself, Elvis Presley. As Ed Sullivan explained before the Beatles took the stage: “You know something very nice happened and the Beatles got a great kick out of it. We just received a wire – they did – from Elvis Presley . . . wishing them a tremendous success in our country.”
It’s safe to say that Elvis’ wish came true. The Beatles won an Oscar, racked up enough Grammys to collapse a shelf, and were inducted into the Rock and Roll Hall of Fame.
By 1978, both the Beatles and the British Invasion were ancient history. Beatles fans consoled themselves with the music of Wings and the solo careers of John, Ringo, and George. And one Beatles fan in particular, Steve Jobs, was busy with his two-year-old computer company, Apple Computer. But that year, Apple Computer would experience a British invasion of its own when the Beatles’ company, Apple Corps (thank Paul McCartney for that pun), sued Apple Computer in Britain’s High Court. The dispute concerned the companies’ similar apple logos: a Granny Smith for Apple Corps, and an icon of an apple with a byte bite removed for Apple Computer….
* A lawyer who sold 2200 pounds of marijuana can’t practice in Minnesota any more. That’s a metric tonne, by the way. Jeez, now I sound like Thomas Corwin Mendenhall. [Minneapolis Star-Tribune]
* If you can use Craigslist to commit crime, you can use it to solve crime. Awesome. Now, if you can use Craigslist to spark a race to the bottom in legal wages, can you use it to reverse that trend. No. [Legal Juice]
* And if you think it’s tough for young lawyers to find a job here, then was a U.K. firm really asking prospective lawyers to invest money in the firm in exchange for a job? [Legal Cheek]
* McGruff the Crime Dog wanted to take a bite out of crime… with a grenade launcher. [CBS Houston]
* How to keep yourself productive. I’m very intrigued by this browser add-on she mentions… [Corporette]
* This may come as a shock, but Glenn Greenwald is troubled by the Obama administration’s legal justification for killing American citizens overseas via drone. [The Guardian]
* The Careerist’s Vivia Chen interviewed David during LegalTech. You can watch it at this link. [Law Technology News]
* Did you see The Daily Show take on a recent trend in election law? Professor Rick Hasen did. And the video is embedded below… [Election Law Blog]
If every jury heard cases like this, it would almost be worth it to blow a week sitting on a trial. Speaking of blowing, a 61-year-old man allegedly tried to get some gentle cows to show him a good time back in September. I say “tried” because apparently the cows didn’t go for either the carrot or stick and rejected the man’s overtures.
Shut down in the barnyard, eh? Talk about failing to find love in a hopeless place.
Anyway, getting jilted by a cow was only the beginning of his alleged real-life game of FarmVille, and the man’s trial has provided non-stop entertainment for the jury as everything from the testimony to the judge’s instructions have elicited laughter from the jury box.
* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]
* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]
* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]
* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]
* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]
* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]
* Downton Abbey has inspired a new bill making its way through the House of Lords, who apparently watched the show and figured out for the first time that women get screwed by the law of entail. Now if they can just pass a law that would keep Bates out of prison in the first place. [The Atlantic]
* Ben Adlin reminisces about the era when the Supreme Court actually cared about oral arguments. [Summary Judgments]
* An interesting infographic on where Superlawyers went to school. Finally a ranking where NYU can top Yale. [Online Paralegal Programs]
* Another installment of classic ads ruined by lawyers. [Vice]
* Fifth Circuit judges aren’t the only ones to tell their colleagues to shut up; here’s some fun news from the Philippines. [Manila Times]
* French cities have banned performances of a comedian with a history of racking up hate speech fines. I mean, since when has anti-Semitism been a problem in Europe? [Al Jazeera]
* If you think conservative arguments against the Affordable Care Act are dumb, check out liberal columnists arguing that Obama screwed up by not pushing for single-payer. [Lawyers, Guns & Money]
* Chris Gossage, the London solicitor who spilled the beans on J.K. Rowling’s pseudonym for The Cuckoo’s Calling (affiliate link), was fined for breaking a client confidence — making him the first person in 2014 to meet his resolution and lose a significant number of pounds. [Perez Hilton]
* How awful are student loan companies? This woman tried to discharge a student loan and was told she spent too much income dining out — referencing a $12 McDonald’s Value Meal for her and her husband. You stay klassy, loan sharks! [New York Times]
* Border agents really have something against musical instruments. It all dates back to that one time at band camp when a flute stood them up. [Overlawyered]
* ATMs aren’t all that secure. At least not in Brooklyn. Maybe it was opening ironically…. [Legal Juice]
* Donald Looper, the founder of 120-lawyer Looper Reed & McGraw, has stepped away from the firm. Probably to head back in time to prevent the firm from ever existing, because that’s what good Loopers do. [ABA Journal]
* A human rights lawyer was kidnapped in Syria and the rebel groups seem to not care even a little bit. [Al-Monitor]
* Judge William Pauley ruled that the NSA’s warrantless spying program is legal, noting that — if it had existed — the government could have predicted the 9/11 attacks. Good point, because intelligence agencies were in no position to figure out that there was an attack brewing without a Big Brother initiative. Oh… wait. [Huffington Post]
* On a related note, a cartoon from 1994 that predicted the NSA’s controversial programs. It’s really kind of scary…. [Slate]
* Britain’s clowns are furious that people are dressing up as clowns and trying to scare people. For their sake, let’s make sure they never hear about Pennywise. [Lowering the Bar]
* The Wolf of Wall Street is about a criminal ripping off poor people. Bankers cheered at a recent showing. There is a lesson to be had there about what bankers would do if given an opportunity. [Business Insider]
* “Knockout,” a game where young boys cold-cock unsuspecting victims, is a serious issue. Nah, just kidding, it’s a crypto-racist overreaction. But at least one kid was stupid enough to try it and then tell a cop about it. Seriously. [Gawker]
Earlier this year, partner bonuses at Hogan Lovells generated some controversy across the pond. Certain partners in London questioned the process by which payments were determined and wondered whether partners in management received too much relative to rank-and-file partners. Squabbles over partner pay are something the firm’s incoming CEO, D.C.-based Stephen Immelt, can look forward to addressing when he takes over next summer.
Let’s now turn from partner pay in London to associate pay in New York. The NYC office of Ho-Love recently showed its associates some love, in the form of year-end bonuses. Were they as controversial as the London partner payouts?
Earlier this week, the United Kingdom’s Queen Elizabeth II posthumously pardoned Alan Turing. Turing, a mathematician and early computer scientist, is perhaps best known for two contributions. He proposed what has come to be called the “Turing Test” in artificial intelligence theory, used to test a machine’s ability to exhibit intelligent behavior indistinguishable from that of a human. Turing also spearheaded the cryptography team at Bletchley Park in England that cracked the Nazi’s Enigma Code. His work contributed mightily to the Allies’ eventual victory in World War II.
Turing, one of the best minds of his generation or most others, was also openly gay. He was convicted of the crime of “gross indecency” in 1952, for admitting to a consensual sexual relationship with another adult man. With the conviction, the British authorities rescinded Turing’s security clearance and subjected him to ongoing monitoring, fearing that his homosexuality increased the risk of blackmail by the Soviets and enemies of the Crown. They also offered Turing a deal: he could avoid prison for his crime if he agreed to hormone treatments that would severely lower his testosterone levels, effectively eliminating his sex drive and rendering him impotent. Alan Turing chose chemical castration, answering one of the worst “which would you rather?” questions most men of any sexual orientation can imagine. Two years later, in 1954, Turing’s housekeeper found him dead, after he apparently ate a cyanide-laced apple. British authorities ruled his death a suicide.
Turing was prosecuted under Section 11 of the Criminal Law Amendment Act of 1885, commonly referred to as the Labouchere Amendment, which provided that “[a]ny male person who, in public or private, commits [ . . . ] any act of gross indecency with an other male person [ . . . ] shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years, with or without hard labour.” Convictions under the Labouchere Amendment carried sentences much lighter than for the UK’s actual sodomy law — death until 1861, then life imprisonment in later years — but were much easier to obtain in practice. The Sexual Offences Act of 1967 partially repealed the Labouchere Amendment, though some of the provisions remained officially in place until the passage of the Sexual Offences Act of 2003.
Turing’s pardon this week arrived after a public campaign seeking redress for the maligned genius, whose cause was bolstered by the high-profile support of physicist Stephen Hawking and other public intellectuals. A pardon, while ostensibly a recognition of the good deeds of a man whose mind was largely responsible for saving the free world as we know it, seems to me altogether the wrong thing….
* “No one calls me Justice Sotomayor and no one calls Justice Kagan Justice Ginsberg. It’s an exhilarating change.” Back in the day, people used to mistake the Notorious RBG for Justice Sandra Day O’Connor. How rude. [WSJ Law Blog (sub. req.)]
* Eversheds, the national U.K. law firm that sounds like it’s an outdoor storage emporium, has elected a new chairman. Congrats to Paul Smith, who specializes in environmental law, and will begin his four-year term on May 1. [Am Law Daily]
* In his last year of service, California Treasurer Bill Lockyer will moonlight in Brown Rudnick’s Irvine office. Critics think this move “looks and smells bad.” If it’s brown, flush it down? [Bloomberg]
* Down 11 percent from last year, this fall, law schools enrolled the fewest amount of students since 1975, when there were only 163 ABA-accredited schools. Too bad tuition’s still so high. [National Law Journal]
* George Zimmerman is an artiste extraordinaire, and one of his paintings is currently for sale on eBay where the price has been bid up to $110,100. The guy’s almost as talented as George W. Bush. [CNN]
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: email@example.com.
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.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
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