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Scalitogate

The best news controversy of the week, for my money, is the alleged falling out between Scalia and Alito. During Alito's Senate confirmation hearing, it was predicted that Alito would be Baby Scalia, following in the arch conservative jurist's footsteps.

But it seems a rift has emerged. The media has made a bigger deal out of it than need be, most likely. But in an age when Jessica Simpson vs. Lindsay Lohan and Nicole Ritchie vs. Paris Hilton pass as celebrity feuds, its nice to see one of substance.

Earlier this week, Alito wrote the court's unanimous opinion in Zedner v. United States, which involved a dispute regarding the Speedy Trial Act. Alito cited legislative history, much to Scalia's chagrin. Scalia had spoken out against interpreting Congressional acts in decisions previously, and he rebuked Alito for it in his concurrence.

"Because the use of legislative history is illegitimate and ill advised in the interpretation of any statute -- and especially a statute that is clear on its face -- I do not join this portion of the Court's opinion."
- Scalia

Alito had the chance to appease Scalia by removing the offending paragraph but opted not to do so. Some are saying that this may be evidence that Alito will not wind up being the conservative extremist many predicted him to be.

06-07-2006

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Law blog takes administration to task

Woah. Marty Schwimmer of the Trademark Blog (http://www.schwimmerlegal.com/2006/06/blawg_re view_36.html) was tapped by the Blawg Review (http://blawgreview.blogspot.com/) to write this week's summary of notable law blog activity. He chose to instead author a scathing indictment of the illegality of American domestic and international activities.

Schwimmer touches on everything from Guantanamo Bay, Bush's State of the Union announcement that Saddam had attempted to buy yellow cake enriched uranium from Niger, the NSA wiretaps, the Valerie Plame leak, torture in Iraq...

In the end, we're not left with any answers, just more questions.

06-06-2006

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Vinson & Elkins takes on jury dodgers

Leading Texas law firm Vinson & Elkins LLP is proposing a carrot-and-stick approach to absenteeism among jurors. It has made the pay package for jurors in Texas more attractive by successfully proposing that juror pay be raised from $6 per day to $40.

Now the firm is proposing stiffer action against absent jurors including harsher fines and revoking driver’s licenses.

What does driving have to do with jury duty? Why not revoke their right to party?

06-06-2006

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The best and the worst

This week, Ropes & Grey topped our law firm rankings, displacing last week's top firm Nutter, McClellan & Fish. Ropes & Grey received an overall score of 9.11 out of 10, while Nutter slipped to 8.68.

The lowest ranked firm this week is Chadbourne & Park, which had previously scraped the top 20. What accounts for Chadbourne's fall from grace? Associates in Chadbourne's New York office responded that Chadbourne's attempts to keep up in the salary wars produced some unwanted results. The firm's billable hour demands have become stricter and more closely tied to bonuses. Associates also mentioned poor training and a lack of attention to professional development as contributing factors to the firm's low score.

At Ropes & Grey, there was some complaining about the firm's lack of diversity and conservative culture, but the pay and level of respect they receive from the partners earned the firm high marks.

06-05-2006

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Dead judges deciding cases

From the “Things That Go Bump in the Night� files comes this tidbit from How Appealing (http://howappealing.law.com/). Blogger Howard Bashman penned an extensive assessment of dead judges voting. Dead men may not wear plaid, but dead judges still retain the power to issue decisions from beyond the grave.

Bashman began writing on the subject in February, initially for Law.com (www.law.com) then later for How Appealing (http://howappealing.law.com/052406.html#014771 ). Senior Circuit Judge Max Rosenn passed away before the 3rd U.S. Circuit Court of Appeals rendered a decision in Monteiro v. City of Elizabeth. The court’s decision was divided by a three-judge panel, so the dead judge became the tie breaker, as he had drafted what became the majority opinion before his death.

It happened again at the 3rd U.S. Circuit Court of Appeals when Senior Circuit Judge Edward R. Becker dropped dead, leaving a divided three-judge panel to decide a Title VII case. The departed judge once again cast the deciding vote. Shouldn’t a lifetime tenure on the bench end when the icy touch of the Grim Reaper intervenes? Bashman proposes legislation forcing dead judges into retirement. I’ve taken the extra measure of contacting the Ghostbusters.

06-02-2006

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