Tag: Lawyers

Coca-Cola’s Diversity Diktat Falls Flat

 

It is a commonplace of modern rhetoric to exalt diversity and inclusion as a first step toward racial justice. The standard account, widely accepted in political and business circles, insists their combined benefits are unambiguous: a firm’s performance will improve if its employees, suppliers, and customers are composed of individuals from all races, genders, sexual orientations, and general points of view. These diverse persons are not intended as mere tokens but are respected for offering their distinct and valuable perspectives on vital matters critical to corporate and national welfare.

As an abstract matter, it is hard to oppose an employment strategy that generates higher revenues and superior innovation. But once we get down to brass tacks, the overall picture is far more complex. The massive coercion involved in implementing diversity norms was recently revealed by Coca-Cola, which has gone all-in on diversity and inclusion for its more than 700,000 employees: “We champion diversity by building a workforce as diverse as the consumers we serve. Because the more perspectives we have, the better decisions we make.”

It would, however, be a mistake to assume that Coke thinks that it has made good on its key promise. In January, Coke’s new African-American general counsel, Bradley Gayton, laid down this broadside, “Commitment to Diversity, Belonging, and Outside Counsel Diversity,” in which he describes what he perceives to be the abject failure of prior efforts to reach requisite levels of diversity and inclusion at Coke and in the legal profession more broadly. Without a link to a source or statistic, Gayton lashes into the legal profession for being “too quick to celebrate stagnant progress and reward intentions.” Gayton demands specific actions to meet the “crisis on our hands” engendered by a lack of diversity.

Member Post

 

Efforts are underway to expel legislators and to punish lawyers who assisted in challenges to some election results. Those efforts include efforts to have state lawyer licensing agencies disbar them (revoke their licenses to practice law). American law had a long-standing principle that legal representation should be available to anyone, and that lawyers should represent […]

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QoTD: Push Polls and the Wrong Answers

 

Hi Thomas, I’m Mercedes w/ For our Future WI. We’re conducting a survey and want to hear from you. Our first question is simple. With everything that’s going on right now, what’s the biggest issue facing you & your family right now?

Spammers texting me without even getting my name right. Or were you thinking less immediately than “right now?” Well, the intersection between what’s possible with digital technology and what kind of human interactions are fundamentally destructive (mass push polls for example) ranks reasonably high on my list of worries. Is that one of the options? Somehow I think you’ll have to tick the “other” box on your form.

The Rule of Lawyers II: The Lawyering

 

Quick quiz question: How many current Supreme Court judges can you name?

I’ll give you a moment to consider, but don’t take too long. It’s a trick question; the proper answer ought to be zero. Lady Justice is blind. Traditionally that means justice ought not care about the skin color of the defendant, or their wealth or poverty or anything else. Justice is concerned with the fundamental equality of all men, not accidents of nature or position. However, we ought to be able to run that backward; truly just judges ought to be indistinguishable. So why is it that you not only know the Justices’ names but can lay a wager as to how they’d rule on any given controversy?

Future Law Through the Science Fiction’s Lens

 

There have been stories about lawyers and trials for as long as there have been lawyer jokes – maybe longer. So why would they not continue into the future? Why wait for that future to arrive before writing them?

Overruled, edited by Hank Davis and Christopher Ruocchio, is a collection of science fiction tales about lawyers and trials. Lawyers appear in all of them; guns and money in many.

This book presents legal-themed science fiction short stories written over a seventy-year period; from the late 1940s through this year.  The result reveals a history of science fiction style by showcasing a series of entertaining stories.

James R. Copland joins Brian Anderson to discuss how America’s uniquely cumbersome regulatory system impeded the national response to the Covid-19 crisis and how costly litigation could damage the economy even further.

The FDA and CDC’s administrative failings in the early days of the crisis proved costly. The federal process for reviewing and approving drugs and medical devices, writes Copland, still leaves much to be desired. And a wave of coronavirus-related lawsuits poses a serious threat to future business viability.

Member Post

 

I decided to write this after reading “Government is Not Done Screwing This Up” by JesseMcVay. I volunteer at an equine rescue center which is under the umbrella of the largest animal rescue organization in this area. It’s very large; we are finally down to under 100 horses (including a few donkeys and mini horses) after […]

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Following Up on Your Followup

 

To all those people on Ricochet who called and wrote in the last week wondering about how my wife and I were doing after our traffic accident… oh, wait. Not a single one of you called or wrote. You all have pretty much minded your own business and I cannot express how much that’s appreciated.

Regardless of your lack of concern over my well being, you wouldn’t have been able to reach me if you wanted to. Just this morning, between 8:30 and 9am ET there were eight unsolicited calls from lawyers and chiropractic “injury recovery centers” reminding me that every day that goes by is a lost opportunity to claim what’s “rightfully” mine.

The Rule of Lawyers

 

Let me start by telling you a story. Mr. @MattBalzer and I, we make board games. One of these games we call the Presidential Rumble. You play as one of history’s greatest presidents in the midst of a knock-down drag-out election against each other, marshaling characters from the past and laying claim to the symbols of liberty. You get some pretty great things going on; in one game Martin Luther King Jr. named Frank Sinatra to the Supreme Court. In another, Joe McCarthy declared Tecumseh to be a communist. You’ll frequently see the FBI confiscate the Constitution as evidence or the EPA declare the Statue of Liberty to be polluting and destroy it.

I’ve printed up several prototypes too. There’s a company out of Madison, WI called The Game Crafter that specializes in this sort of thing. They’ve got a pretty good racket; there are a lot more people who want to make board games then there are people who will make a living that way. The Game Crafter will professionally print and assemble single copies of a game, so you can get your idea produced even if your only customer is your mother. Really I’ve had excellent experiences with them, excepting one thing.

The last time I tried printing up a copy of my game they flat out refused because my game was referencing real people I may have been legally infringing on their personality rights. Up until that point I hadn’t heard of such a thing, but five minutes on the internet brings up the Wisconsin statue (they and I operate out of WI, so Wisconsin law should be good enough for the both of us.) The law prohibits:

Member Post

 

I know very little about actual legal procedure other than some broad principles, but that’s usually enough to make me roll my eyes at most courtroom scenes depicted in TV and movies.  When a “classic” like 12 Angry Men suggests wholesale corruption of the jury process in order to achieve a fair result, it really […]

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Quote of the Day: Impeach Rosenstein

 

“Certainly Congress should not seek to wreck a criminal investigation, and should be open to acceptable compromises. But Congress shouldn’t let the mere fact of a criminal investigation lead it to step aside and shirk its core constitutional responsibility: holding the government accountable to the people.

“Impeachment is a perfectly appropriate means to this end, which is why the Constitution provides for it. True, the last appointed federal executive impeached by Congress was a cabinet member in the administration of Ulysses S. Grant. But Congress impeached a judge as recently as 2010, and there are no constitutional exemptions for deputy attorneys general…”

Member Post

 

A salute to honest, ethical attorneys at law (you know who you are) —   I have had the privilege of being represented by two different attorneys, at two different times, both of them skilled, eloquent, honest, experienced, compassionate, generous, thoughtful, powerful and effective men who have restored my faith in their profession. As John Adams […]

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Member Post

 

You’ve made it. Maybe it took six months (HA!), or maybe it took six years (yea), but your long personal nightmare is over. Whether by settlement or trial and appeal, you must now put the lawsuit behind you. There’s a whole lot of living to do. Lawsuits are much like long term illness. If you’ve […]

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How to Survive a Lawsuit, Part III: Are You Ready to RUUUMMMBBBLLLE???!!!

 

ambulance-chasersParts I and II of this series dealt with the dos and don’ts in the event you are sued. Now, however, and due to popular demand (10 cents was desperate), some thoughts on how to avoid a lawsuit. I’ll begin by saying that the first trick to avoiding a lawsuit is to be a lucky, lucky son of a gun. If you’ve made it this far in life without getting sucked into the dark spaces of the litigation system, you are thrice blessed because you’ve probably done at least three things in your life that, were the planets otherwise aligned, would have landed you in court. If, for example, you’ve ever driven drunk, only a special sort of grace prevented the police from spotting you, and only your guardian angel guarded you against running into someone. Believe me. If you keep it up you might as well paint a bullseye on your car bumper. And you’ll deserve it.

As for business owners, if you’ve been around for more than 10 years and never found yourself on the business end of a civil complaint, you are living under the blessing. This is doubly true if you have employees, and triply true if your business involves contracts (as most do). Whatever you’re doing, keep it up.

Vigilance is the price of peace, but a guard walking the prison walls can never let his (sorry for the obvious pun) guard down. Nor can you, if you operate a business, own real estate, or drive a car. The key to preventing a lawsuit is to be prepared. Plaintiffs’ lawyers will often run from defendants who have their act together. Most plaintiffs’ lawyers operate on contingency fees. In order to profit from such cases, contingency lawyers seek to spend minimum effort to obtain the maximum return. For example, a car wreck guy will take in dozens of low value whiplash cases, but to truly profit he must settle those cases quickly. If he gets bogged down in a case, and must spend disproportionate amounts of time on it, he’ll have less time to spend on other work. If a contingency fee lawyer puts in $50,000 worth of time for a $15,000 dollar reward, he has been creamed and he may have to pass on the new Ferrari.

Member Post

 

I am married to the most dangerous type of lawyer, a law school professor. I call this the most dangerous type of lawyer because it creates new lawyers. It’s a bit like when you get your gremlin wet – not that AMC you had in the seventies, the movie from the eighties – and it […]

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