Criminal Justice & Behavior announces a forthcoming special issue on “Diversion from the Criminal Justice System.” The deadline for submitting manuscripts is Dec. 15, 2010.

This special issue is being edited by David DeMatteo, JD, PhD, and Kirk Heilbrun, PhD.

Manuscripts that address a wide variety of topics related to diversion from the criminal justice system will be considered for this special issue. Of particular interest are manuscripts that address diversion of adult and juvenile offenders based on mental health disorders or substance abuse, and interventions that can be targeted at various points in the criminal justice process (ranging from initial contact with law enforcement to re-entry into the community following release from incarceration). Both empirical and theoretical manuscripts are welcome.

The deadline for submitting manuscripts is December 15, 2010. Manuscripts should be 25-35 double-spaced typewritten pages, including graphs, charts, figures, tables, and references. All manuscripts should adhere to the guidelines contained in the Publication Manual of the American Psychological Association (5th edition, 2001). Abstracts should not exceed 120 words, and three to seven keywords should be included. Manuscripts should be submitted electronically in Word format to Dave DeMatteo (dsd25 [at] drexel.edu) or Kirk Heilbrun (kh33 [at] drexel.edu). Inquiries regarding manuscripts for this special issue can be addressed to either special issue editor.

Source: American Psychology-Law Society. mw

Reminder: the <a href="http://www.law.yale.edu/news/CELS.htm“>Conference on Empirical Legal Studies (CELS) call for papers deadline is July 2, 2010. The conference will take place at Yale Nov. 5-6, 2010. mw

“Now I know everyone has a favorite nick name for Albanian the Anus: ladka, Balki, wild & crazy guy, but as a member of the ESL (English as a Second Language) set he is part of the inner-sanctum at Sullivan & Cromwell. So much so that a 10k phone bill Ennus racked up in the United Kingdom to call the US to bore and confuse his coworkers or exchange animal husbandry tips with his close relatives was hidden by Pary Garchment. But what Gary could not cover up was his rank incompetence in which he lost….irretrievably terrabytes of BP documentation. Apparently they sent MF like Martin sheen in appocalypse now to relieve him of his command.

Point of order stop calling the ladies of S&C “Big Mama” it is quasi racist and not specific enough since S&C likes its underlings fat, female & affirmitive action. Next week I will tell you about either: Cokie Lopez the addicted associate, the porny paralegal & the stairwell vidoetape that Fave Digaro tried really hard not to see.”

As Congress plays games and twists itself into political gridlock, millions of Americans are losing their unemployment benefits. Coincidentally, just as benefits stalled last week, rates for several upcoming reviews plummeted. I am sure this is all just a normal function of the market and not just a carpetbagging opportunity for certain sleazy agency middlemen to stuff extra money in their pockets.

“Contracts Attorneys Needed ASAP

Compensation: $26/hr (flat rate)”

The Democrats’ newly enacted health-care overhaul appears destined to some to end up before the Supreme Court, because of its mandate that individuals buy insurance. But Elena Kagan isn’t about to give her opinion on its constitutionality. Sen. Tom Coburn…

Elena Kagan said today she would have supported the nomination of her friend Miguel Estrada to a federal appellate judgeship, if only Estrada had asked. Kagan, under questioning from Sen. John Cornyn (R-Texas), noted that she wrote letters of support…

Some summer associates are already halfway through their Biglaw summer experiences. We hope that Northwestern’s “No More I Love Yous” is not ringing true for you, and that your offices don’t bare any resemblance to the photo from our last Caption Contest.

We have heard that you’re not eating out as often or spending as much on lunch. That is inexcusable! Sure, times are tough, but the firms have brought in far fewer SAs this year, so they should be able to splurge a bit.

Skadden and Paul Weiss both had 102 summer associates in 2009, and have just 34 and 58, respectively, this year. Cravath cut its summer class from 121 to 22. Weil dropped from 96 in 2009 to 20 this year. With those drastic reductions in numbers, being a summer associate this year should be like being an only child — you get spoiled.

(By the by, we hear that a San Diego office dropped its numbers by one this month — anyone with information, email us!)

Please tell us about your spoils. Which firm has the best summer associate event this year? We’re holding a contest: make your submissions for Biggest & Bestest Biglaw Event of Summer 2010 by email or in the comments.

We had five finalists for the prize last year: Cleary Gottlieb, Sidley Austin, Cadwalader, Carlton Fields, and Fish & Richardson. Which firm won?

Last year, ATL readers rewarded creativity rather than extravagance when it came to summer events. They voted to give the 2009 award to Fish & Richardson’s Harpdrygal roller derby. The Harpdrygal series was a long-running counter-culture event created by Dallas-based partners Geoff Harper and Kip Mendrygal, who had wearied of the typical lavish events and indulgent dinners for summer associates.

Mendygal told us last year that there were many possibilities for this summer’s Harpdrygal event:

Though Harpdrygal I-V have covered many of the things that make Texas awesome, dozens of Texas-specific activities remain, including cow tipping, water witching, beef jerky making, animal husbandry, and donning masks and chainsaws and chasing teenage tourists through the woods.

But it looks like last year’s winner may not be in contention for the crown this year. Mendrygal has left Fish & Richardson for Locke Lord.

Declining Summer Associate Classes [Wall Street Journal]

Earlier: Victory for Fish & Richardson in ATL’s Summer Associate Event Contest (and the Mark Cuban Insider Trading Case)
ATL Contest: Best Summer Associate Event of 2009

San Diego – Fish & Richardson – Wall Street Journal – Sidley Austin – United States

* Make no mistake, Joe Biden’s absence severely limits the entertainment value of these confirmation hearings. [Going Concern]

* On the other hand, it would be awesome for Oprah to be a Senator and on Judiciary just for these hearings. [Legal Blog Watch]

* The thing is, Kagan was asked about how she would go about granting cert. But it is an issue that should probably get more attention. [AOL News]

* “Obvious disdain” gets lawyer smacked on the wrist. [Legal Profession Blog]

* A law professor thinks that reality t.v. is changing our cultural behavior. [ABA Journal]

* What do Russians have against pre-numps? [Concurring Opinions]

Joe Biden – Law – Facebook – American Bar Association – United States

During my paralegal career, I’ve witnessed several court decisions that have had a positive impact on the issue of paralegal fees, including Missouri v Jenkins and Richlin v Chertoff. I was privileged to be present at the US Supreme Court on the day the Richlin case was argued.

Now there’s another case that you can put in your ‘Paralegal Fees’ arsenal:

In this case, the Court found “that the Circuit Court did not depart from essential requirements of law in affirming county court order awarding attorney fees and costs to parties prevailing in PIP cases and, further, that there is no clearly established law prohibiting application of multiplier to paralegal fees that are included as part of attorney’s fee award. Section 57.104 clearly supports inclusion of paralegal fees as attorney fees.”

The Respondents cite section 57.104, Florida Statutes, which provides:

In any action in which attorney’s fees are to be determined or awarded by the court, the court shall consider, amont other things, time and labor of any legal assistants who contributed nonclerical, meaningful legal support to the matter involved and who are working under the supervision of an attorney.

The important impact of decisions such as this cannot be overstated. When any Court regognizes the value of attorney utilization of paralegal services as a cost efficient way to deliver paralegal services…and that paralegal time should be billed the same as other professional staff, it is one more boost in the recognition of the valuable roles paralegals play in the legal arena.

Follow this link to access this decision.

Source: 35 Fls. L. Weekly D1438a and http://www.leagle.com/unsecure/page.htm?shortname=inflco20100625214

A couple of articles written by blogger Laura J. Tyson at E-Lessons Learned caught my attention I as I’m preparing to present my brand new ethics course on Thursday, July 1st. More information about the course (Advanced Ethics: Complex Issues for Attorneys and Paralegals) is available at this link.

First, in Learn a Lesson from Smuckers: Preserve Those Blackberries’: “When the court orders your client to preserve data, don’t let employees wipe their BlackBerrys® before turning them in. A wiped BlackBerry® smartphone could translate into “bad faith” and might just induce a court to impose spoliation sanctions.” The cite for this case is Southeastern Mech. Servs. v. Brody, No. 8:08-CV-1151, 2009 U.S. Dist. LEXIS 85430 (M.D. Fla. Aug. 31, 2009).

Another is “The Dog Ate It,” “We Didn’t Know About That Shared Directory,” and More Great eDiscovery Excuses” at this link The lesson: If your client is under an agreement to produce specific custodians’ documents by a specific deadline, make sure you know all physical locations each custodian might save documents, INCLUDING a shared file directory on a server. The court will not be impressed by your attempts to use, in support of your motions, documents produced late; and the excuse that you were unaware of a shared directory of a named custodian is no excuse for filing to produce responsive documents found on that directory.” The cite: Wixon v Wyndham Resort Corp., 2009 U.S. Dist. LEXIS 86337 (N.D. Cal. Sept. 21, 2009.

There’s one more interesting article: Livescribe Smart Pen: That, Too, Is Discoverable in Litigation! at the Best Practices Construction Law blog, author Matt DeVries expressed caution “when recording any attorney-client conferences, as well as meetings with consultants and testifying experts.”

One thing is clear: eDiscovery is a broad and confusing area that paralegals are learning more about every day. The importance of looking for evidence on mobile devices is stressed, as is the importance of preserving those mobile devices when the evidence may be needed in litigation.

The ethics lesson here is to be very careful how you use these mobile devices…your iPhone, Blackberry…and even that Livescribe Smart Pen…because you could be creating secrets you would not want to be discovered. Think about restricting your use of these devices so that you preserve the confidences and secrets of your client…as well as your integrity.

Back Story is a public radio show in which the current or former University of Virginia historians Ed Ayers, Peter Onuf, and Brian Balogh provide historical perspective on current events. The latest show, which is available as podcast here and (I’m told) on iTunes is Scales of Justice: A History of Supreme Court Nominations:Just in time for the Kagan confirmation hearings, BackStory is delving

Before tucking into the Arthur T. Vanderbilt Papers, I learned from Suzy Taraba, head of Special Collections and Archives at Wesleyan University, about the existence of the department’s Collection on Legal Change. According to her department’s blog:The Collection on Legal Change is an archival collection of record groups that illustrate aspects of legal evolution in the United States in the

A few weeks ago I wrote about the 10 day fast/diet that I underwent (i.e. 'The Master Cleanse'). It's now been 4 weeks since I completed that diet, and so here are some follow up observations.

First, weight loss.  I reported losing 11 lbs on the diet, and I'm happy to report that I've kept that weight off.  Obviously, my weight fluctuates so there were times that I was up to 164, and times when my weight was as low as 158.  But this morning it was 161, which is about where it was when I stopped the Master Cleanse diet.

Food consumption: I have continued to be very aware of how much food my body needs to function, and so I don't consume as much food as I did before the diet. This is the main benefit of the diet; you become starkly aware of how much food your body actually needs.  But the key is to give it the right kind of food, which brings me to…

Nutritional awareness: I have kept my awareness of what my body really needs to feel sated. I have partaken of small amounts of unhealthy food (e.g. potato chips or french fries), but I only do this when I've been on a long streak of healthy foods. I eat a lot more salad, and vegetables and fruits. I also tend to gravitate towards soups, which was not my tendency before the diet.

Other people's efforts: Several friends and acquaintances have also tried the diet since I recommended it.  They all lost weight and felt much better afterwards, and all of them seem to have kept on the healthy path.  I'm sure that some people don't succeed in making it the full 10 days (it helps if you do the 3 day ramp up, and 3 day ramp down, which I didn't do).  I'm also sure that some people don't keep up the healthy path once they stop the diet.  

The diet is just a tool, and you can use it to your advantage or not. There is nothing 'automatic' about it. What it does give you is a sense of how weak your willpower is when you make bad choices about something like daily eating. If you can make it through the 10 days (16, if you count the two 3 day ramp up periods) then you at least have a new, and powerful, opportunity to build a healthier approach to eating.

No one can guarantee you'll keep eating healthy; it's up to you to make sensible choices. I'm glad I tried the diet, and I can definitely say that it made it easier for me to find a much better path. One that I plan to make every effort to stay on.

The front row of Elena Kagan’s confirmation hearing is filled with some of the top lawyers in the Obama administration. Just over Kagan’s left shoulder — visible on the right side of the television screen when the camera is focused…

The Supreme Court is losing some its geographic diversity as Elena Kagan prepares to become the fourth sitting justice from New York City, replacing Illinois native Justice John Paul Stevens. Members of the Senate Judiciary Committee have noticed. Sen. Russ…

Ed. note: Law Shucks focuses on life in, and after, BigLaw, including by tracking layoffs, bonuses, and laterals. Above the Law is pleased to bring you this weekly column, which analyzes news at the world’s top law firms.

One of the many interesting features of BigLaw is the comings and goings of its denizens. Whether it’s looking for the bigger, better deal, jumping off a sinking ship, or departing for the greener pastures of inhouse or government life, every move has a story.

There has been plenty of speculation recently about which firm is wrapped up in an Inspector General investigation of the firm’s practice of hiring former SEC lawyers, who then turn around and advocate for clients at the agency they just left. The Senate Finance Committee is none too happy about the "revolving door," claiming that in at least one instance, the SEC was unduly lenient because of the firm’s close ties with the commission. Usually lateral hires aren’t contentious (examples like Jeremy Pitcock notwithstanding), so this could put a damper on hiring some of the most-coveted free agents.

So which law firm or lawyer(s) might be facing Senate scrutiny?

Here’s an educated guess about who one of lawyers at the center of the maelstrom might be.

A trend this year has been the large-scale poaching of teams. Most recently, it’s Pillsbury’s landing a finance and corporate team of as many as 20 lawyers from Nixon Peabody.

Another trend, which is even more closely tied to the current plight of the legal industry, is the rise of the boutique. BuckleySandler has been one such firm, luring a number of high-profile partners away from BigLaw, most recently two litigators from Mayer Brown.

Of course, the biggest firms of today all started small. Even mighty Skadden was formed by lawyers passed over at other firms.

Meanwhile, on the inhouse side, things are looking pretty good. A recent global survey by a UK recruiter indicates that inhouse counsel are secure in their jobs, happy with their employers, and not even complaining about comp or work/life balance. (And, again, if that’s a move you’re interested in, Jumping In(House) provides all the information you need to understand the transition from BigLaw to inhouse.

No matter where you are, Hiring Partner has good advice from the schoolyard once again for dealing with new hires.

Here are some of the other notable recent developments in BigLaw.

Deals

There’s one thing BigLaw has cornered the market on: documenting the biggest deals. Some of the billion-dollar-plus (or otherwise interesting) deals from the past week:

• Agricultal Bank of China IPO ($23 billion) – This will likely be the world’s largest IPO, although it’s already lost almost a quarter of the initial announced value. Davis Polk represents the issuer, Herbert Smith the underwriters.
• BTA Bank restructuring ($12 billion) – White & Case represents the Kazakh bank, Baker & McKenzie the creditors’ steering committee, Allen & Overy the credit agencies, and Dewey & LeBoeuf the bondholders.
• Resolution bid for AXA’s UK life insurance business ($4.1 billion) – Slaughter & May represents Resolution, Norton Rose AXA, and Linklaters the banks. Norton Rose and Slaughters also faced off earlier this year on AIG’s failed sale of its Asian operations to Slaughters’ client Prudential.
• Sale of Citibank autoloan business ($3.2 billion) – Davis Polk keeps chugging along with the post-TARP work, representing the bank, while Cravath represented purchaser Banco Santander.

Suits

A handful of lawsuits of particular interest to BigLaw were decided this week.

The first group were the "honest services" fraud cases, which significantly limited the reach of that crime. BigLaw white-collar practices have been ragingly busy for years since prosecutors slowly began expanding the range of activities they felt ran afoul of the law. This was good news for such high-fee clients as Enron’s Jeffrey Skilling and media baron Conrad Black.

Another nice stream of fees to BigLaw has come in defending "F-Cubed" cases. This was a great win for the American companies BigLaw has been defending, but it comes with a hidden price for BigLaw:

Sarah Cave, a partner at Hughes Hubbard, hailed the ruling. “The potential for liability for foreign companies under U.S. securities laws, and the corresponding costs of litigation, will decrease,” she said.

Read: lower law-firm revenues. It was a nice run while it lasted, but these claims never passed the straight-face test for us, sorry plaintiffs’ lawyers.

Finally, there was the Google/YouTube v. Viacom fight. While the lawyers involved had fine pedigrees, this case provided plenty of mudslinging between the parties. This was also one of the most interesting cases of the week because of the coverage it got from every corner of the internet. Of course, the legal outlets focused on the merits and the claims, but it was also covered by the technology sector (liked the result), entertainment (hated it, plan to appeal), and even downloaders (loved it).

In the conclusion of the article on Law Shucks, we have the news on the firms themselves, including layoffs, rescinded offers, and more.

Law – Dewey & LeBoeuf – Baker & McKenzie – Mayer Brown – Law firm

Martin Ginsburg — a leading tax lawyer and law professor, and the husband of Justice Ruth Bader Ginsburg — passed away earlier today. He was 78. According to a statement released by the Court, he passed away at home, from complications of metastatic cancer.

Marty Ginsburg was known in Supreme Court circles as Justice Ginsburg’s secret weapon. Justice Ginsburg herself can sometimes be shy, awkward, and introverted, but her husband was gregarious, charming, and a great entertainer. He was a talented chef and would perform the culinary honors at dinners for Supreme Court justices and their spouses. He would also cook for RBG’s clerks each Term.

He was widely noted for his great sense of humor….

Check out, for example, Marty Ginsburg’s faculty biography at Georgetown Law, where he taught tax law for many years. The bio explains that he moved to Washington “when his wife got a good job here” — a reference to his wife’s appointment to the D.C. Circuit, and a bit of humorous understatement. Being appointed to the exalted U.S. Court of Appeals for the D.C. Circuit is like touching the face of God.

The bio concludes with this tongue-in-cheek quip:

Professor Ginsburg is co-author, with Jack S. Levin of Chicago, of Mergers, Acquisitions, and Buyouts, a semi-annually updated treatise which addresses tax and other aspects of this exciting subject. The portions of the treatise written by Professor Ginsburg are, he is certain, easily identified and quite superb.

See also this 2009 speech by Justice Ginsburg, entitled “The Lighter Side of Life at the Supreme Court,” in which she described how her husband tried to help her out in chambers once:

Early in 1994, Justice Scalia and I traveled to India for a judicial exchange. In my absence, my spouse tested his conviction that my mail could be handled more efficiently. He visited chambers, checked the incoming correspondence, grouped the requests into a dozen or so categories, and devised an all-purpose response for my secretaries’ signature. When I returned, he gave me the form, which to this day he regards as a model of utility and grace. I will read a few parts of the letter my husband composed. You may judge for yourself its usefulness and grace.

“You recently wrote Justice Ginsburg. She would respond personally if she could, but (as Frederick told Mabel in Gilbert & Sullivan’s Pirates of Penzance) she is not able. Incoming mail reached flood levels months ago and shows no sign of receding.”

“To help the Justice stay above water, we have endeavored to explain why she cannot do what you have asked her to do. Please refer to the paragraph below with the caption that best fits your request.”

“Favorite Recipes. The Justice was expelled from the kitchen nearly three decades ago by her food-loving children. She no longer cooks and the one recipe from her youth, tuna fish casserole, is nobody’s favorite.”

“Photograph. Justice Ginsburg is flattered, indeed amazed, by the number of requests for her photograph. She is now 61 years of age — ah, those were the days! — and understandably keeps no supply.”

“Are We Related? The birth names of the Justice’s parents are Bader and Amster. Many who bear those names have written, giving details of origin and immigration. While the information is engrossing, you and she probably are not related within any reasonable degree of consanguinity. Justice Ginsburg knows, or knew, all of the issue of all in her family fortunate enough to make their way to the U.S.A.”

Alas, Justice Ginsburg decided against using her husband’s humorous form letter: “My secretaries, you will not be surprised to learn, vetoed my husband’s letter, and in the ensuing years they have managed to cope with the mail flood through measures more sympathique.”

In addition to cooking the bacon, Mr. Ginsburg was quite good at bringing it home. Thanks in part to his private practice as a tax lawyer, at the firms of Weil Gotshal and Fried Frank, the Ginsburgs did very well for themselves. When the justices file their financial disclosure forms, Ruth Bader Ginsburg generally takes the top spot, with assets in the tens of millions. Her latest disclosure, released earlier this month, revealed assets worth as much as $45 million.

Martin Ginsburg’s passing is undoubtedly a great loss to both Justice Ginsburg, to whom he was married for 56 years (their anniversary was last week), and to the tax bar, of which he was a leading member for decades. We extend our deepest condolences and sympathies to Justice Ginsburg and the Ginsburg family.

Martin Ginsburg, Justice’s Husband, Dies [AP via NYT]
Marty Ginsburg Has Died [SCOTUSblog]
Faculty Bio: Martin D. Ginsburg [Georgetown University Law Center]
The Lighter Side of Life at the United States Supreme Court [Supreme Court of the United States]

Ruth Bader Ginsburg – Facebook – Law – United States – Associated Press