* The triple-dog dare: a technique employed to show off how just efficient American democracy is, or something that’s just so ridiculous it might work in the Senate when it comes to judicial filibusters for appeals court nominees. [New York Times]
* If the Supreme Court were to strike down Section 5 of the Voting Rights Act, the Obama administration has a plan in the works from the last time they thought the Supreme Court was going to strike down the very same section. [Huffington Post]
* It takes more than one legal memo to justify the killing of an American overseas — just ask the guys from the DOJ’s Office of Legal Counsel who rationalized the drone strike against Anwar al-Awlaki. [New York Times]
* Remember the Winston & Strawn stealth associate layoffs of 2012? Those weren’t layoffs, silly. They just left “because of reduced demand for junior lawyers.” Also, we have a bridge to sell you in Brooklyn. [Am Law Daily]
* If you’re not satisfied with your law degree after failing the bar exam, don’t worry, we’ve got a money-back guarantee. We’ll give you back 8.9% of your three-year tuition. It’s better than nothing! [National Law Journal]
* Meanwhile, if law school were only two years long instead of three, then perhaps a money-back guarantee would actually mean something. For now, it’s just one big public relations stunt. [Pittsburgh Post-Gazette]
* Joseph Kelner, plaintiffs’ attorney in the Kent State suit and lawyer for Bernie Goetz, RIP. [New York Times]
This morning the Supreme Court heard oral argument in the challenge brought by Shelby County, Alabama, to the Voting Rights Act. I’m not really concerned with the particulars of the argument as articulated by the attorneys (U.S. Solicitor General Don Verrilli for the government, Bert Rein arguing for Shelby County), or the substance of the justices’ questions. The Court has been jonesing to strike down Section Five of the Voting Rights Act, which requires certain jurisdictions to “preclear” changes to their election laws with the federal government to be sure that they aren’t racially discriminating against minorities.
Chief Justice John Roberts seems to subscribe to the butthurt view that after 400 years of the enslavement and oppression of African-Americans in this country, now the only way to protect the rights of minorities is to make sure white people don’t feel discriminated against. Justice Anthony Kennedy seems to think he can make policy for the rest of the country, even though Citizens United should have shown him that he has no idea how the real world works. And the other three conservatives on the Court, Justices Scalia, Thomas, and Alito, think that racial equality involves keeping your mouth shut while majorities do whatever they want.
The conservatives have the votes to overturn one of the most successful weapons against racism in this country, and I can’t say I’m really surprised that conservatives are eager to take this away.
But is anybody else getting a little sick and tired of Justice Antonin Scalia’s constant grandstanding? I don’t know if it was getting passed over for Chief Justice or if he’s really pissed he didn’t get to decide who won the 2008 presidential election, but isn’t his whole “conservative intellectual hero” act starting to interfere with his job as “impartial member of the judiciary”?
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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: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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