From the Above the Law mailbag: “Is ATL ever going to call out Judge Posner for being so needlessly nasty to litigants?”
Ummm, no. I’m a big fan of Judge Richard Posner, who is brilliant and hilarious. (Yes, hilarious — if you doubt that, check out the awesome podcast that he and I did together, which you can download and listen to during your commute or at the gym.)
But in the interest of fairness, I will make this reader’s case. This correspondent cited the recent oral argument in Notre Dame v. Sebelius, which we alluded to yesterday, in which Judge Posner dispensed some benchslaps to Matthew Kairis, head of litigation in the Columbus office of Jones Day. The reader also mentioned the argument on remand in the Conrad Black case, alleging that Posner “was particularly nasty to Miguel Estrada, seemingly piqued that Estrada got him reversed by SCOTUS.”
Let’s focus on the Notre Dame v. Sebelius argument, since it just happened. How bad was it?
Nothing illustrates the way religion can warp the normal function of rational thought quite like the National Jurist’s “most devout law schools” rankings. If you are a person of faith, that’s fine. Mazel tov. And if you want to find new and exciting ways to mingle your religious beliefs with our secular laws, that’s fine too. I mean, I’ll do what I can to oppose you, but in America we must be comfortable with difference.
But picking a law school based on its piety seems pretty dumb. For one thing, law schools should be teaching, you know, laws and stuff. What you do with that knowledge is your own choice, but it seems to me that people should want the best education they can get, and then apply that education to the causes and issues that move them. Why go to Regent Law if you can go to Vanderbilt Law and then advocate for your theocracy from a position of greater strength?
The second problem is that picking a law school because it has some kind of “mission” beyond helping you become a good and employed lawyer seems like a path to pain. But that will become obvious as we actually look at the National Jurist’s list.
Summer associate programs will be wrapping up soon. May the offer rates be ever in your favor.
As programs finish, we hope to hear some interesting tales of summer associate fun. This year, as in previous post-recession years, it seems that summers are playing it pretty close to the vest. Programs are smaller, and people are more terrified about not getting an offer thanks to the bleak 3L hiring market.
To prime the pump a little bit, we have a summer associate story from a good firm in flyover country that shall remain nameless. It’s more humorous than scandalous, particularly as it involves summer-on-summer inappropriateness.
I don’t know what Gloria Allred does, exactly. I know she’s nominally an attorney because it says so on her Wikipedia page and also under her head when her head appears on my television screen. It says, “Attorney.” But, despite three years of law school, I have no idea what service she provides her clients. It’s always some weirdo at the periphery of a scandal she’s representing. A woman who bedded Tiger Woods, for instance. Or it’s a minor scandal that in years past would have been relegated to the Odd Stories column in your local newspaper. Like the time Roger McDowell got his gay slur on in front of some baseball fans. What connects these things is their apparent distance from anything resembling a legal issue.
Gloria Allred holds press conferences, as far as I can tell. And she talks sternly and forcefully, admonishing those bad actors who did her clients wrong. And after the microphones are turned off and the cameramen have all fled… well, I don’t know what it is she does. You can do anything with a law degree!
Which brings me to the latest in the Manti Te’o saga. The man behind Lennay has lawyered up, which thankfully allows me to write about Manti’s man in this here column.
I’m trying to figure out whether Lance Armstrong is relieved that Manti Te’o upstaged him this week. On one hand, all of the mean, finger-wagging columns on Lance’s lying, like this typically flatulent effort by Rick Reilly, have been pushed to the second page of the Internet by Te’o's (I’m not entirely sure I’m using the apostrophe correctly here) fake dead girlfriend. Although the internet defies all attempts to ascribe a finite supply of oxygen to any news story, there is a finite amount of attention that can be paid. And even though every news organization has dutifully assigned a writer (or moron) to cover the Lance debacle, no one much cares about it anymore. What happens to a scandal deferred? Does it dry up, like a craisin in this pun?
I think the overshadowing of the Lance Armstrong saga probably doesn’t help Armstrong at all. The vast majority of people who will have opinions about him have already formed them and those who may be swayed by a teary confession in front of Oprah now may not even be paying attention. But that’s all public opinion, which is the least of Lance’s worries at this point. And yet, public opinion is almost exclusively Manti Te’o's (seriously, these apostrophes are bothering me) worry at this point. Almost.
Well, the election is over, and a gaggle of new Congressfolks and Senators are coming to Washington in January. Of this population, 43 percent are lawyers, reversing the decline in lawyer politicians. So let’s review the incoming class and you can not-so-quietly judge our new legislators for their education and experience in the comments.
Ten new members attended Harvard Law School, so congratulations Crimson for continuing your tradition as the shadowy institution ruling our lives. There are also some inspiring stories among the new members. Like Joseph P. Kennedy, who lifted himself up by the bootstraps and managed to get into Harvard without any connections whatsoever. Everyone’s education info and any interesting career tidbits are provided below.
The power to thwart God's will is at your local drugstore.
Who’d have thunk it? These days, contraception is a hot-button issue. On the campaign trail, presidential candidate Rick Santorum thinks that Griswold was wrongly decided. Inside academia, students are challenging the refusal of one Catholic university (including its law school) to let its health centers prescribe birth control.
Getting upset over inadequate access to contraception is one thing. What about getting upset — at a Catholic law school, mind you — over a discussion of birth control? Can you imagine what kind of comments about contraception could cause a law school community to get all riled up?
Let’s look at — and argue about — the email that caused students at one top-ranked Catholic law school to get their diaphragms all scrunched up proverbial panties in a wad. Even the dean had to get involved….
Perhaps this is part of some elaborate research project into the workings of the criminal justice system. Professor Stephen F. Smith, who teaches criminal law and criminal procedure at Notre Dame Law School, stands accused of a serious crime.
According to the South Bend Tribune, Professor Smith faces one count of domestic battery, a class D felony. He’s accused of striking and kicking his wife at their home, in an incident that allegedly took place back in June.
Professor Smith doesn’t fit the profile of the typical defendant in a domestic violence case. How many DV defendants have clerked on the U.S. Supreme Court? How many have graduated from Dartmouth College, where Smith served as a trustee, and the University of Virginia School of Law, where he once taught?
After graduating from Dartmouth and UVA Law, Smith clerked on the D.C. Circuit (for Judge David Sentelle) and SCOTUS (for Justice Clarence Thomas). He practiced at Sidley Austin before joining the UVA Law faculty, where he served as John V. Ray Research Professor before moving to Notre Dame. (Query: What prompted Professor Smith to move from UVA to ND?)
Legal pedigrees don’t get much better than this. But enough of Professor Smith’s dazzling résumé. Let’s learn about the lurid allegations against him — and hear from ND law students about a campus controversy he created….
UPDATE: Please note the updates added to the end of this story. Thanks.
There’s been a lot of buzz coming out of Notre Dame Law. No, the students are not being being pressed into service to defend the university from Declan Sullivan lawsuits. Instead, ND Law dean Nell Newton held a town hall meeting with the students to discuss the future of the university.
After the public meeting, Dean Newton met with some students, and they got into a discussion about the future of tuition at the law school. Depending on whom you talk to (and we’ve now talked to a bunch of people), Dean Newton suggested during this private meeting that there would be either (1) a significant, “dear God, what are you doing” tuition increase at the private law school, or (2) a modest tuition hike. We’ll let you decide whom to believe.
But one thing is for sure: tuition is going up. Notre Dame will not be holding the line with tuition, so current and prospective law students should be prepared to pay more, despite the weakness in the legal economy…
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
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:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.