The Jabot

Morning Docket

Morning Docket: 01.17.17

* “Every single racial slur you can think of for Asian Americans is a trademark right now. And almost any kind of slur you could think of for any group is a registered trademark right now. The law’s not working.” Asian-American rock band The Slants will make their debut before the Supreme Court this week, and when all is said and done, trademark law’s prohibition on the registration of disparaging marks may be forever changed thanks to their First Amendment argument. [Washington Post] * Zachary Warren, the low-level Dewey & LeBoeuf employee who wound up being criminally charged along with the failed firm’s head honchos, has been cleared of all charges. After completing 350 hours of community service in accordance with the requirements of a deferred prosecution agreement, Warren’s indictment has been sealed, and he’s now working as an associate at Williams & Connolly. [Big Law Business] * For all of their talk about wanting to prevent women from leaving the practice of law, many Biglaw firms that once made big promises about onsite day-care facilities have allowed those plans to fall to the wayside after being hamstrung by significant costs and liability issues. Today, about 10 law firms have set up day-care programs for attorneys’ children, and for those that have, it’s a real “distinguisher in recruiting.” [Am Law Daily] * According to the results of a new study performed by Justice Goodwin Liu of the California Supreme Court in conjunction with students at Yale Law School, while Asian-Americans are plentiful within our country’s attorney workforce, very few of them have managed to ascend to the most prestigious leadership roles in the legal profession. What could be causing this to occur? Implicit bias may be playing a role. [Washington Post] * “[I]t would be your word against mine and nobody will believe you.” A Republican politician in Connecticut who “love[s] this new world” because he “no longer [has] to be politically correct” currently stands accused of grabbing a town employee by the p*ssy pinching a town employee’s groin. He’s been charged with fourth-degree sexual assault, and he’s scheduled to appear in court at the end of the month. [Westport Daily Voice] * The University of Washington at Tacoma is rethinking its plans to create a law school that’s separately accredited from the one at the University’s Seattle campus. Before moving forward, UWT wants to build up its undergraduate pre-law program to make sure the demand will be there in the future. Unlike some schools, “[t]he last thing [UWT] want[s] to do is to start a law school and it not to be successful early.” [News Tribune]

By Staci Zaretsky
Morning Docket

Morning Docket: 01.06.17

* What’s it like to be the “tweetingest judge in America”? Justice Don Willett of the Texas Supreme Court tells us what it’s like to live a week in his life in this endearing column. From letting us know where he spends much of his time (the local Chick-fil-A) to revealing the reason he Tweets so much (to get reelected) to describing his love for his children, Justice Willett is a true gem of the judiciary. [Wall Street Journal] * Judge Timothy Parker of the Carroll County District Court in Arkansas has resigned from his post and agreed to never serve as a judge again to avoid being charged with ethical misconduct. Judge Parker was accused of arranging for defendants’ pretrial releases in exchange for sexual favors, but says he never contested the allegations on the record because he has kids and “[didn’t] want them exposed to that kind of crap.” [AP] * The Partnership for Civil Justice Fund has threatened to file suit against the National Park Service for “stonewalling and refusing to release permits that are vitally needed by organizers in order to plan and execute peaceful, lawful free-speech activities” — that is, protests and rallies — of Donald Trump’s presidential inauguration. Only three groups out of 26 have received permits, and the inauguration is in two weeks’ time. [Reuters] * “While it is encouraging to see small gains in most areas this year, the incredibly slow pace of change continues to be discouraging.” The most recent National Association for Law Placement report has revealed that as usual, women and minorities are just barely making progress at the nation’s largest law firms when it comes to their representation as a whole and their presence in firm partnerships. [DealBook / New York Times] * Per Altman Weil’s latest report on law firm mergers, there were six fewer mergers in 2016 than in 2015. Although just 85 deals were announced last year compared to 91 in 2015, they were “better” than those announced in years prior, and in fact, some of the biggest names in Biglaw agreed to combine, including the Eversheds and Sutherland Asbill merger and the Arnold & Porter and Kaye Scholer merger. [Big Law Business]

By Staci Zaretsky
Morning Docket

Morning Docket: 12.21.16

* “The Department’s actions violate law and are contrary to basic principles of fairness and deeply damaging to the critical public service missions of these plaintiffs and the ABA.” The American Bar Association has filed suit against the Department of Education, alleging that some public interest lawyers had been indiscriminately dropped from the federal government’s Public Service Loan Forgiveness program. We may have more on this later. [ABA Journal] * “The American Bar Association forces this young man to litigate all the way to the United States Supreme Court to prove that a blind person shouldn’t draw a picture.” After suing the ABA for discrimination for forcing him to take the LSAT — a test he can’t pass because he can’t draw the diagrams required for the logic games section — a blind Michigan man is hoping that SCOTUS will grant his petition. [Michigan Radio] * In what’s being viewed as one of President Obama’s last hurrahs before leaving office, he used the Outer Continental Shelf Act to restrict new oil and gas drilling in federal waters in the Atlantic and Arctic Oceans. The Trump administration will likely be forced to go to court to reverse the Obama administration’s pro-environment actions. [Reuters] * “I am proud to have played a part in the substantial progress the firm has made toward gender equality.” After years of litigation, Mintz Levin settled a gender discrimination case filed by former associate Kamee Verdrager, who was allegedly demoted for taking disability leave when she developed pregnancy complications. [Am Law Daily] * Baker McKenzie’s new chair has been with the firm for 30 years, and now that he’s in leadership, he’s sharing with the world why the firm decided to do away with the ampersand that once resided in the firm’s name. Apparently the ampersand’s untimely death was about “freshening up the brand” to appear “agile.” [Big Law Business]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 12.19.16

* North Carolina’s governor-elect announced legislators will meet tomorrow to repeal their terrible bathroom law. [LawNewz] * The first trailer for the legal television show The Good Fight, the CBS streaming spinoff of The Good Wife, is here, and piles on the sex. [Slate] * Ohio elector resigns from the electoral college in order to keep her day job. [Election Law Blog] * Women receive lower grades in large law school classes. [TaxProf Blog] * A difficult, but important read: a letter from a woman to the man that raped her. [Huffington Post] * Huma Abedin gets to be the scapegoat for some looking for a patsy for Hillary Clinton’s loss. [Law and More] * Nearly a thousand lawyers, policy experts, and activists are expected to attend a “counter-inaugural” conference in D.C. on Jan 21-22, 2017, featuring speakers like Sam Munger (SiX), Tom Goldstein (co-founder of SCOTUSblog), Nan Aron (Alliance for Justice), Jonathan Lowy (Brady Center to Prevent Gun Violence) and Rep. Jamie Raskin (D-MD). The conference will begin after the (free) Women’s March on Washington on Saturday morning. Learn more and register here. [Rise Above]

By Kathryn Rubino
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