60 Minutes Preview: Scalia Speaks Out on Bush v. Gore

On April 26, 2008, in News, Supreme Court, by Benson Varghese

As previously reported, Scalia will be on 60 Minutes tomorrow at 6 Central. Here is a preview:

[youtube=http://www.youtube.com/watch?v=RjaB3cxH-XE&rel=0]

 

Highest Grossing Law Firms Based in Texas in 2007

  1. Akin Gump $752 million State_ite_43
  2. Fulbright $649 million
  3. Vinson & Elkins $596 million
  4. Baker Botts $577.7 million
  5. Bracewell & Giuliani $293 million
  6. Haynes and Boone $264.3 million
  7. Andrews Kurth $251 million
  8. Locke Liddell $244.5 million
  9. Thompson & Knight $214.5 million
  10. Susman Godfrey $171 million
  11. Gardere $169.2 million
  12. Jackson Walker $163.5 million

Highest Profits Per Partner

Partners at Susman Godfrey made over $3 million each. Partners at Baker Botts, Akin Gump, and V&E made more than $1 million.

For more information see: Texas Lawyer (registration required).

Update: for the top out-of-state firms in Texas, see here.

add to del.icio.us :: add to furl :: Digg it :: add to ma.gnolia :: Stumble It! :: seed the vine :: post to facebook

 

The ribbon cutting ceremony for the Mark and Becky Lanier Professional Development, the newest addition to the Texas Tech School of Law, took place this morning. Prior to the ribbon-IMG_0582cutting ceremony, the Texas Supreme Court heard two cases  in the new building. The new building adds over 34,000 square feet of space to the law school, including a 150 seat courtroom which is one of the most technologically advanced courtrooms in the nation.

The building was made possible by a $6 million gift from Mark and Becky Lanier which was matched by the state. Mark Lanier is the school’s best known alumnus who gained national acclaim following the nation’s first VIOXX trial. As anyone who knows Mark and Becky Lanier will tell you, their generosity is matched only by their humility and care for those around them.

In a touching opening ceremony, Mark Lanier said “I have offices in New York, Houston, Palo Alto, and Los Angeles, so I meet attorneys everywhere, from the east coast to the west coast, down to the gulf coast. I am proud to say that graduates of the Texas Tech School of Law are as good litigators as any that graduate from the most prestigious schools in our nation. I often tell people, ‘I am not making Texas Tech a great school; Texas Tech is already a great school, I am just helping get the word out.’”

IMG_0579IMG_0584

IMG_0587 IMG_0588

A video of the Texas Supreme Court hearings held in the new courtroom are available here.

 

Supreme Court: Lethal Injections are Constitutional

On April 17, 2008, in News, Supreme Court, by Benson Varghese

Today, in a 7-2 decision, the Supreme Court held that lethal injections do not violate the Constitutionsyringe6. Writing for the plurality in Baze v. Rees, Chief Justice Roberts stated merely “showing a slightly or marginally safe alternative” was not enough to successfully challenge the method of execution. Instead, there must be proof that the alternate method prevents a “substantial risk of serious harm”

As Justice Stevens pointed out, the issue before the Court was not whether the death penalty itself was unconstitutional, rather only whether the sodium thiopental injection used by Kentucky was unconstitutional or not.

Held: The lethal injection method used by Kentucky did not violate the Constitution.

Plurality Opinion: Roberts, joined by Alito, and Kennedy. Joining in the result: Stevens, Scalia, Thomas, and Breyer

Dissent: Ginsberg and Souter.

More information about the case can be found here.

 

Texas Law Schools

(click image for full size)

Big Law: The University of Texas topped the list for graduates practicing at “Big Law” firms upon graduation at 28%. The next closest school was Southern Methodist University’s Dedman School of Law.

Private Practice: Texas Tech University School of Law had the highest percentage of students entering private practice. (81%).

Judicial Clerkships: University of Texas students have the largest percentage (10%) of students entering judicial clerkships upon graduation.

Government Jobs: Texas Wesleyan had the most students entering government practice on graduation

In-State Positions: Texas Tech has the most students who remain in Texas to practice upon graduation. (96%).

Data Source: National Law Journal. Information regarding the other regions can be found here.

“Big Law” refers to those with jobs at the 250 largest firms in the nation as determined by the National Law Journal

 

Catharina Haynes confirmed as the new 5th Circuit Judge

On April 13, 2008, in News, Texas, by Benson Varghese

haynes Catharina Haynes, a partner at Baker Botts, and a longtime insurance defense lawyer, was confirmed by the Senate for a lifetime appointment to the influential United States 5th Circuit Court of Appeals.

Haynes served as a state court judge, winning the 1998 and 2002 elections for the 191st District Court in Dallas. As a trial judge she presided over nearly 200 jury trials and 100 bench trials.

Haynes, a graduate of Emory, also served on the Emory Law Journal. She is also know for her commitment to pro bono work, and has volunteered as a judge at a pro bono clinic and was involved in the preparation of a brochure for pro se litigants in state civil courts.

 

The Law School Rankings Czar Speaks Out

On April 12, 2008, in Law School, News, by Benson Varghese

0408CdVR1 Bob Morse, the creator of the U.S. News & World Report’s Annual Law School Rankings, spoke out in defense of the rankings today during a one-hour live chat session at ABAJournal.com.

In response to Brian Leiter’s open letter to Morse calling for radical changes to the ranking system, Morse commented that the publication was going to “meet or respond to” the suggestions made by Leiter. While he noted that Leiter called for significant changes in the ranking system and data collection methods, Morse did not say if, and to what extent, changes would be made.

Defending the current ranking model, Morse noted that members of academia were best suited to judge the academic quality of the law schools and explained that was why the rankings by deans and faculty members were weighted at 25% of the total score, while the opinions of lawyers and judges made up only 15% of the final score.

Morse also commented that the best way for students and alumni to improve the rankings was to “understand how the rankings are done,” and then decide if the school should target the U.S. News variables for improvement.

Other highlights:

  • “Gaming the rankings” by spending money, in Morse’s opinion, is not necessarily a bad thing, especially if the schools are getting better quality professors and improving career opportunities for students by spending the extra money.
  • There are no immediate plans for evaluating part-time programs.
  • The salary figures reported in U.S. News are two years behind the current market. However salaries are not included in rankings.
  • Duke’s drop in the rankings was not a “big fall” according to Morse, even though it took the school out of the Top 10.
  • U. C. Berkley’s jump in the rankings was due to small improvements across the board that, in turn, boosted the school’s peer evaluations
  • Pepperdine’s meteoric rise from a Tier 3 school to a school in the 50s in less than 5 years was due to improvements in employment.
  • Noting the emergence of new programs like the Law and Science Program at Texas Tech, which was identified as one of the top programs of its kind in the nation, Morse said U.S. News was open to the idea of adding more specialty areas to the rankings to reflect these types of programs.
  • U.S. News would consider a regional approach to the rankings. Currently, respondents get lists of all 190 plus schools and are asked to rate each one of a 5 point scale. However, a regional approach would only be considered if the law schools made a collective request for that type of a ranking system.
  • Finally, law school deans have an open invitation to meet with Morse and U.S. News to discuss their rankings and the ranking system.

[digg=http://digg.com/business_finance/Law_School_Rankings_Czar_Defends_Rankings]

 

When it comes to losing important data, it has been said that there are only two kinds of people: those who have lost important data, and those who will. Files are lost due to accidental deletion, theft, natural disaster, and hard drive crashes. For those in the practice of law, losing a document could mean missing a deadline, failing to file a timely response, or worse.

Fortunately there are easy ways to back up documents.

1. Email yourself the document.

With many of the popular free email services offering ever expanding, or even unlimited storage space, one of the easiest and most cost effective ways to back up documents is to email documents to yourself. For law students and lawyers alike, it is also an easy way to back up daily updates on major projects. An added advantage to this is, if you are emailing yourself you work as it progresses, you can go back and look at prior versions of a document at any time.

2. Use Mozy to back up your personal documents.

logo_verboseThis tip is especially useful for law students because non-commercial use of Mozy, an excellent back up program I have been using for over two years, is free for up to 2 GB. Mozy is a small program that sits in your system tray, and on a daily basis encrypts and backs up your documents to a remote server. While Mozy can be used to back up a wide array of file-types, you can choose to limit the files backed up to documents, while will maximize the utility of the free 2GB account. Mozy Free is also the perfect solution for attorneys who want to back up their personal documents.

carbonite_highres_tag For commercial use, Mozy has options starting at $3.95 + $0.50/GB per month. Another option for commercial users or users with a lot of data they want to back up is Carbonite, a service I have not used myself, but has received rave reviews from many professional users. Carbonite has the advantage of having a flat-rate of $49.95 for unlimited data storage.

3. Use SyncBack Free to back up your data to an external hard drive.

If you already have an external hard drive, using SyncBack is the easiest way to back up a folder or group of folders to be synced to your external hard drive on a regular basis. Once you set up a back up profile, each time you run the program it will scan your folders for any changes and then update the folders on the external hard drive with the latest versions of the documents and add any new documents to the remote location. Because external hard drives can be stolen, I suggest using TrueCrypt, one of the most respected pieces of open source software, that encrypts your data to encrypt your external hard drive. It can also be used to encrypt USB keys.

SyncBack Tutorial

TrueCrypt Tutorial

Even if you are backing up to an external hard drive, remember to back up your data remotely either through email, or one of the services listed above to ensure your data is recoverable in the event of a natural disaster, theft, or other local phenomena.

Good luck, and stay safe!

[digg=http://digg.com/software/Back_Up_Your_Files_For_Free]

 

Justice Scalia to be on “60 Minutes”

On April 9, 2008, in Law School, News, by Benson Varghese

ScaliaSupreme Court Justice Antonin Scalia will be featured on the CBS News show “60 Minutes” April 27 in connection with the publication the next day of the new book he has co-authored, called Making Your Case: The Art of Persuading Judges.

Link

[digg=http://digg.com/politics/Supreme_Court_Justice_Scalia_is_going_to_be_on_60_Minutes]

 

On Friday, the Ninth Circuit, in United States v. Stringer, reversed a district court ruling that limited the use of financial records submitted to the SEC, as part of a civil suit, in a parallel criminal proceeding. The district court held criminal indictments were to be dismissed, and that subpoena responses from SEC response could not be used in a criminal trial against defendants because the government had engaged in deceitful conduct by using a civil investigation to develop the criminal investigation, in violation of the defendant’s due process rights.

The Ninth Circuit vacated the dismissal because the standard forms sent to the defendant by the SEC disclosed the fact that the information provided in the response could be used in a criminal proceeding. Judge Schroeder, writing for the Circuit, stated “[t]here is nothing improper about the government undertaking simultaneous criminal and civil investigations, and nothing in the government’s actual conduct of those investigations amounted to deceit.”

The case is not yet published, but is available on Westlaw at 2008 WL 901563.