Short Takes On The News: Justice Thomas, Big Law Money, Apple Appeal, and Firefox

Justice Thomas has made a few statements about race in the United States as reported in Salon and other sources yesterday.  Here are a few quotes:

“My sadness is that we are probably today more race and difference-conscious than I was in the 1960s when I went to school,” Thomas said. “To my knowledge, I was the first black kid in Savannah, Georgia, to go to a white school. Rarely did the issue of race come up.”

“Now, name a day it doesn’t come up,” he continued. “Differences in race, differences in sex, somebody doesn’t look at you right, somebody says something. Everybody is sensitive. If I had been as sensitive as that in the 1960s, I’d still be in Savannah.”

Here’s my favorite quote:

“The worst I have been treated was by northern liberal elites,” Thomas said. “The absolute worst I have ever been treated. The worst things that have been done to me, the worst things that have been said about me — by northern liberal elites, not by the people of Savannah, Georgia.”

Without further clarification, I would suggest that a good chunk of that criticism extends merely to the logic he uses in his opinions and their outcome.  That is fair game in my opinion, as it would be with any other Justice.  Justice Kennedy, for example, gets his share of criticism from religious organizations for his votes on same sex marriage and similar cases upholding privacy in sexual matters.  And don’t get me started on Justice Scalia!

The Atlantic is running an article called The Collapse of Big Law:  A Cautionary Tale for Big Med.  The article details how lawyers measure success in terms of money, not purely as a matter of greed, but in comparison to the competition.  Gone, apparently, are the days when doing something of value for society through law practice is a real metric.  The context of the article is the lack of jobs for recent law school graduates.  The rest of the article compares what’s happening in law to similar practices developing in the medical field.

I’ll give an anecdotal story about a law school application essay as related to me by the Admissions Director at one of the schools at which I have worked.  The Director told me that one student did not write an essay as such but drew a large dollar sign across the page.  I understand the applicant was admitted at least for being honest.  I have to believe there were other qualities that qualified the student for admission.  Anyone pulling that stunt today would be incredibly naive.  That shows how long ago I had that conversation.

Publishers Weekly reports that Apple lost its appeal at the Second Circuit on the limited issue of staying the order of Judge Denise Cote imposing the external compliance monitor on the company.  Apple has complained about Michael Bromwich, the appointee, being intrusive and expensive.  The article describes the Second Circuit’s order:

The court cited the government’s own statements that the monitor, Michael Bromwich, was “empowered to demand only documents relevant to his authorized responsibility” and to “interview Apple directors, officers, and employees” only on subjects relevant to his task. “We agree with that interpretation of the district court’s order,” the court held. “In addition, we take counsel’s statement as a formal representation that appellees also accept that interpretation.”

Oh well, better luck on the main appeal, or not, depending on one’s perspective.

Jonathan Band writes an interesting essay on the Future of Fair Use after Google Books in Project Disco.  That’s “Disco” as in disrupted competition.  Band wrote the amicus brief for the Library Copyright Alliance and was cited five times in Judge Chin’s decision.  The piece describes the ideas in the debate he had with Jon Baumgarten, former General Counsel of the Copyright Office.  I get the impression that the Authors Guild have an extremely limited view of fair use based on the exchange between the two.

And finally, ads in the Firefox browser?  ZDNet has the story. — Mark

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