AFTER EDWARDS, SPOTLIGHT SHIFTS TO CLEMENS
For all of the disappointment of the John Edwards trial — at least for the Justice Department — there’s still another chance for prosecutors to land a high-profile conviction: Roger Clemens. The mistrial in the Edwards campaign-finance case May 31 now puts an even greater spotlight on the Clemens case. The baseball star is charged with lying to Congress when he denied using performance-enhancing drugs.
A chief criticism of the Clemens and Edwards cases: The government squandered resources on aggressive, rare charges that never should have been filed. The U.S. Attorney’s Office for the District of Columbia is prosecuting Clemens. In the Edwards case, trial attorneys in DOJ’s public integrity section were on the ground in North Carolina. “While I didn’t do anything I thought was illegal, I did an awful, awful lot that was wrong,” Edwards said outside the courthouse. “There is no one else responsible for my sins.”
Edwards, represented by Chadbourne & Parke’s Abbe Lowell, didn’t testify, and it’s unclear whether Clemens will, either. His defense, led by Russell “Rusty” Hardin Jr., continues this week. — Mike Scarcella
THE LEADING LIGHTS IN ‘LEGAL CITOLOGY’
Tallying the most-cited law review articles in history may sound like a purely academic exercise. But Fred Shapiro, a Yale Law School librarian who launched the field of “legal citology” in 1985, says the data can affect law school careers. “There is a money, status game that goes on,” he said, in which the number of citations a professor gets can lead to enticing job offers from other law schools.
Shapiro’s latest tally, published on June 1 in the Michigan Law Review and co-authored by Michelle Pearse, a Harvard Law School librarian, also spots legal trends. Intellectual property is surging as a subject for scholarship, with Stanford Law School’s Mark Lemley as a leading citation magnet. But the critical legal studies movement, once a hot topic for law reviews, is fading, Shapiro said.
Not so for the law and economics movement associated originally with the University of Chicago Law School. A 1998 article in the Stanford Law Review on law and economics, authored by Christine Jolls, Cass Sunstein and Richard Thaler, has been cited more than any other paper of the last 20 years, according to Shapiro.
There is one constant in the data over time, the authors report: Harvard Law Review still reigns supreme as the source of more oft-cited articles than any other law journal. — Tony Mauro
DEWEY’S LOBBYING FINALE
Dewey & LeBoeuf’s lobby shop is officially closed for business. The firm submitted lobbying termination reports to Congress four days before it filed for bankruptcy on May 28. The reports were for Aflac Inc., Fidelity National Financial Inc., Lloyd’s of London, Hanover Re Group, Trans-Elect Development Co. LLC, the Dutch Association of Insurers, International Underwriting Association and National Association of Real Estate Investment Trusts. Those filings followed a few days after termination reports for Aegis Insurance Services Inc., ASML Netherlands B.V. and the Semiconductor Industry Association. All listed a government advocacy cessation date of May 15. Dewey reported activity from April 1 to May 15 for only the Dutch Association, Aflac and Lloyd’s. During that period, the Dutch Association paid Dewey less than $5,000 for work by D.C. managing partner L. Charles Landgraf, head of the legislative and public policy group, and senior adviser Dana Marshall. Aflac paid $130,000 for work by of counsel Thomas Howell and Alan Wolff, and Lloyd’s paid $110,000 for work by Landgraf, Marshall and associate Paul Howard II. — Andrew Ramonas
Among those receiving a Medal of Freedom at a Washington ceremony on May 29 was John Doar, 90-year-old senior counsel to Doar Rieck Kaley & Mack and hero of the civil rights movement. President Barack Obama described Doar’s work: “It was a scorching hot day in 1963, and Mississippi was on the verge of a massacre. The funeral procession for Medgar Evers had just disbanded, and a group of marchers was throwing rocks at a line of equally defiant and heavily armed policemen. And suddenly, a white man in shirtsleeves, hands raised, walked towards the protesters and talked them into going home peacefully. And that man was John Doar. He was the face of the Justice Department in the South. John escorted James Meredith to the University of Mississippi. He walked alongside the Selma-to-Montgomery March. He laid the groundwork for the Civil Rights Act of 1964 and the Voting Rights Act of 1965.…I think it’s fair to say that I might not be here had it not been for his work.” — Todd Ruger
On Jeopardy! last week, one of the toughest clues came from the “American Government” category: “Of these 874 federal government jobs, 85 are vacant, some for over 5 years.” Of course, anyone interested in the federal courts might find that to be a bit easy, especially for the $2,000 clue in Double Jeopardy. The correct answer (in the form of a question) came from contestant Richard Block, a 31-year-old writer from California: “What are judgeships?” Block’s not involved in the court system, but said in an e-mail that he remembered hearing about the political fighting in Congress over judicial nominees. The clue might have been accurate at the taping of the show months earlier, but there were only 74 vacancies when it aired. And two spots have been vacant for more than five years, so it’s up for debate if two counts as “some.” — Todd Ruger
COUNSEL ON THE COUNCIL
J.D. holders now have a comfortable majority on the District of Columbia Council, thanks to last week’s swearing in of Kenyan McDuffie. McDuffie replaced former Councilman Harry Thomas Jr. — not a lawyer — who left his seat after pleading guilty in January to embezzling hundreds of thousands of dollars in public funds. McDuffie earned his J.D. in 2006 from the University of Maryland Francis King Carey School of Law, and was an assistant state’s attorney in Prince George’s County, Md., from 2007 to 2008. In 2008, he joined the Civil Rights Division of the U.S. Department of Justice, where he worked as a trial attorney until 2010. Before running for Thomas’ seat in the May 15 special election, he was a policy adviser to the city’s deputy mayor for public safety and justice. He’s been a member of the D.C. Bar since 2008. McDuffie is now one of eight members of the 13-person council to have a law degree. — Zoe Tillman
In 2010, Victor Schwartz got a call from Louis Bilionis, the dean of the University of Cincinnati College of Law. Bilionis told Schwartz that students were leading the charge to establish a tort law chair in Schwartz’s name. The move caught the Washington-based Shook, Hardy & Bacon partner off guard. Schwartz, who started as a professor at the college in 1968 when he was 26, served as acting dean from 1973 to 1974. He left in 1977. A strong proponent of tort reform, Schwartz focuses his practice on appellate litigation, and advises product manufacturers on liability prevention. The endowment, with a goal of $2 million, will established the Victor E. Schwartz Chair in Tort Law. Schwartz said the goal of the chair was to promote the objective teaching and scholarly pursuit of tort law. “Cincinnati now has an entity that will help attract and keep professors in tort law,” Schwartz said. He said that it would help funnel a pipeline of talented professors to Cincinnati who might otherwise be scooped up by other larger schools. — Matthew Huisman