Justice Neil Gorsuch Shares Law School Advice With 1L Who Wanted An Autograph

(Photo by Justin Sullivan/Getty Images)

Justice Neil Gorsuch is perhaps best known around these parts as the man who stole Judge Merrick Garland’s seat on the Supreme Court, but this term alone he surprised many by siding with his liberal colleagues more often than any other conservative on the high court. In another surprise, Gorsuch — the same man who wanted to let a trucker freeze to death in the name of dismantling Chevron deference — offered some very special law school advice to a first-year student in search of a Supreme autograph.

Patrick Sobkowski, a rising 2L at the University of Dayton School of Law, recently received this touching note from Justice Gorsuch:

Here are the most important parts of Justice Gorsuch’s letter:

My advice to law students is very simple: work hard, learn to write and speak effectively, never give up your passions, treasure your family and friendships, find time to do public service, and learn to win — and lose — graciously.

More than all that, know you will have many regrets in life — things said or done or things left unsaid or undone — but the one thing you will never regret is being kind.

As noted by Sobkowski, this letter is chockful of “[f]antastic advice[,] regardless of whether you are a lawyer or not.” It’ll be a nice keepsake from a Supreme Court justice whose heart we once believed was as cold as ice.

Life advice from US Supreme Court justice Neil Gorsuch [Quartz]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

On Michelin-Starred Restaurants In Small Cities And Good Small Firms

Kyoto.

Although the data is a little old, that’s the big city with the most Michelin-starred restaurants per capita.

Courchevel (wherever that is).

That’s the small town with the most Michelin-starred restaurants per capita.  (I was just kidding.  Everyone knows that Courchevel is a ski town in France.  Either everyone knows it, or Google is a wonderful thing.)

I was thinking about collecting similar data for law firms.

We all know that Bigg & Mediocre has 100 lawyers who are ranked in their field by Chambers or the Legal 500!  But Bigg & Mediocre has 3,000 lawyers, for heaven’s sake.  If you pick up the phone, call B&M, and ask for a lawyer, you have about a three percent chance of talking to someone who’s any good.

Okay, okay: I admit this is all silly.  First, Chambers and the Legal 500 call folks and ask respondents to identify lawyers who are good in their field.  That’s hardly a perfect system.  (Sometimes, it’s even worse than that.  The raters sometimes ask firms to identify in-house lawyers who can give feedback on the firm’s work.  How many lawyers at firms couldn’t identify at least a couple of in-house lawyers who would say something nice about them?  Name your brother-in-law, for heaven’s sake, or your cousin.)  This process creates a bias in favor of big firms, and it doesn’t necessarily extract information from anyone who’s in a position to judge lawyering skills.  Additionally, reputation is sticky: You might have been a great lawyer 10 years ago; the ratings guide may insist that you’re still good 30 years from now, long after you’ve retired and met your maker.

Second, nobody is silly enough to call Bigg & Mediocre and ask for a lawyer.  That’s a crapshoot if ever there was one.  The local managing partner to whom your call is directed will think, “Eureka!  Jarndyce hasn’t billed a minute of time in the last 18 months.  Now this clown is calling and asking me for the name of a lawyer!  I’ll sing the praises of Jarndyce and finally put Jarndyce to work after all this time.  I don’t really care about the new client anyway; it’s not a long-time institutional client, so I’ll give this client what it deserves.”

(Do you think I’ve been playing this game for too long, or what?)

In any event, why isn’t some firm advertising that it has the largest percentage of Chambers-ranked lawyer per capita?

That may not say much, but it says something.

To people who are convinced by the ratings system, that statistic says that the firm is the most consistently high-quality joint that you could hire.  If you get assigned a random lawyer at Small & Grate, the lawyer is likely to be pretty good.  If you hire a specific lawyer at Small & Grate, the randomly selected rest of the team is likely to be pretty good.

That statistic also gives law firms something to advertise.

Firms are regularly boasting that they have “100 Lawyers Ranked By Chambers” or “30 Illinois Super Lawyers” or “50 Lawyers In The Legal 500” or “We Recently Hired A Lateral Who You Never Heard Of In Some City You Don’t Care About.”

I think my boast is just as good: “Lawyer For Lawyer, We Were Just Rated The Best In The World!”

Come on, admit it: That’s not bad.

And my boast would work for lots of firms: The best in the country according to Chambers; the best in each of the 50 states according to Chambers; the best in the country according to the Legal 500; the best in each of the 50 states according to the Legal 500; the same for The Best Lawyers In America, and Super Lawyers, and probably a couple of other lawyer-rating outfits that aren’t coming to mind.

Come on, guys!  You’re missing a trick.

Count up the number of accolades per capita and start boasting!


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

Morning Docket: 07.22.19

(Photo by PAUL J. RICHARDS/AFP/Getty Images)

* In a series of wide-ranging interviews across the political spectrum — or “Fake News,” per President Trump — the commander in chief’s closest allies admitted that they didn’t think he had any idea what he’d done or what kind of havoc he’d wreaked with his racist tweets. [Washington Post]

* According to House Judiciary Chairman Jerry Nadler, former special counsel Robert Mueller’s report contains “very substantial evidence” that the president is “guilty of high crimes and misdemeanors.” Let’s see if Mueller’s testimony can change any minds on impeachment. [CNN]

* After one scandal too many, it looks like Deutsche Bank has decided to hire someone new to look after its legal and regulatory affairs. [Corporate Counsel]

* Students and alumni from Penn Law are calling for Professor Amy Wax’s ouster from faculty teaching duties following her latest foray into racism. [Big Law Business]

* Aside from Sophia Chua-Rubenfeld and Clayton Kozinski, who else will be clerking for Supreme Court justices for the upcoming October term? In addition to these controversial choices, we’ve got the second blind person to ever clerk at the high court, and someone who was picked dead last in the 2010 MLB draft. [Associated Press]

* Joan Bullock, former dean of Thomas Jefferson Law School, has decamped to become Dean at the Texas Southern University Thurgood Marshall School of Law. Congrats! [National Jurist]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Millions face hardship as Zimbabwe comes close to ‘meltdown’ – The Zimbabwean

Fuel prices in Zimbabwe have increased for the fourth time in six months. Photograph: Aaron Ufumeli/EPA

Millions of people in Zimbabwe face hardship, hunger and chaos as the economy comes close to “meltdown” and drought worsens.

More than 18 months after the military coup that removed Robert Mugabe from power, the new government is struggling to overcome the legacy of the dictator’s 30 years of repressive rule and the consequences of its own failure to undertake meaningful political reform.

Official figures published on Monday showed annual inflation had almost doubled to 175% in June, adding to the pressure on a population already struggling with shortages of basic foodstuffs, fuel and medicine.

The rising prices reminded many of the economic collapse caused by Mugabe’s policies a decade ago, when hyperinflation emptied shelves of basic foodstuffs and led the southern African country to abandon its currency.

Cleopas Murambwi, 34, a day labourer from the capital, Harare, said the economic crisis had turned him into a “pauper”.

“Just a year ago my salary could sustain my family. Now we just live each day as it comes … It’s like we are sliding back to 2008. The signs are clear and it’s not looking good,” said Murambwi.

Elizabeth Makazhu, who sells vegetables from a stall and earns less than $8 a day, said she was often unable to afford enough to eat.

“Living in the city is now expensive. I hope I can get something to take home to my children. I don’t want them to suffer,” Makazhu said.

A severe drought has caused further hardship and rolling power cuts as water levels in dams have dropped.

The energy minister, Fortune Chasi, said on Monday that the electricity situation was a very, very big problem”.

The government has repeatedly increased the price of fuel as it tries to end subsidies and is expected to increase electricity prices in coming weeks.

 A market stall in Chitungwiza, Zimbabwe. Photograph: Philimon Bulawayo/Reuters

Cecilia Alexander, chair of the Apex Council, a grouping of government workers’ unions, said the government’s austerity plans had reduced even those with jobs to poverty.

“As workers, we refuse to be sacrificed. We … will bring the entire civil service out to protest,” Alexander said.

Protests and a strike in January led to an army crackdown which left more than a dozen people dead and hundreds injured. Authorities were forced to resort to mass trials of detained suspects.

Analysts say the government is making strenuous efforts to stabilise the economy, running a budget surplus for the first time in years and refraining from printing money, a key cause of the hyperinflation of 2008.

Last month, the central bank raised interest rates to 50% to protect the local currency and has made transactions using the US dollar illegal.

But many doubt that Zimbabwe’s new rulers can deliver economic change without wide-ranging political reform. Despite the ousting of Mugabe, the ruling Zanu-PF party remains in control and the army has deep financial interests.

“The trouble with Zimbabwe is a predatory elite that prioritises personal accumulation over public interest and service. Comprised of top ruling party officials, their relatives and friends … It is accountable to no one, relying on coercion to protect its interests,” wrote Siphosami Malunga, director of the Open Society Initiative for Southern Africa, last month. “This economic crisis is politically manufactured.”

Emmerson Mnangagwa, a former vice-president and right-hand man of Mugabe, led Zanu-PF to victory in elections last year. The opposition Movement for Democratic Change contested the result.

Mnangagwa has been either unable or unwilling to push through measures that might have convinced investors and multilateral institutions to provide the funds to resuscitate the economy.

About 7 million people are threatened with hunger.

“We are hard pressed. When there is no money, it becomes difficult to teach and this affects the learners. We are incapacitated. How can someone work without food on the table?” said Prayer Maravamwidze, a 30-year-old teacher from Chipinge.

Some have resorted to selling livestock and land, spending savings, withdrawing children from school and begging, according to a recent report compiled jointly by the Zimbabwe government, UN agencies and aid organisations. Many work two jobs to make ends meet.

Loice Muranganwa, 36, a mother of two from Budiriro, a poor neighbourhood on the outskirts of Harare, earns $57 a month as a nurse.

“I now survive by selling Tupperware. It’s better than waiting for that meagre salary. The government say there is no money,” Muranganwa said.

Nigerian serviceman returns lost parcel full of cash – The Zimbabwean

Bashir Umar is a member of the force’s Mobile Air Defence Team that is deployed to Kano airport, northern Nigeria, for security duties.

The air force in a statement said he was on routine patrol with his colleagues when he found the parcel containing the lost money.

Instead of keeping it, the air force says the serviceman found a telephone number on the parcel which turned out to be the contact for the money’s owner.

Mr Umar will now be rewarded “so as to encourage other personnel of the service”, the air force says. Exactly how he will be rewarded is not clear.

This isn’t the first time honest staff have returned forgotten valuables at Nigeria’s airports.

Last August, the airport authorities in Lagos honoured two security guards for returning a “sum of money and expensive items”, and in September, a cleaner was commended for returning “lost valuable” of a passenger.

Copyright: Nigerian Airforce/Twitter

Image caption: Bashir Umar was on patrol when he saw the parcel full of cash

A power outage and mobile money blackout expose the vulnerability of Zimbabwe’s economy – The Zimbabwean

EcoCash

On Saturday morning (Jul. 20) local time Zimbabweans experienced a system blackout on Econet Wireless, the country’s biggest telecoms operator after a significant power outage.

Econet says the network challenges were caused by a fault that started when generators at its operations centre failed to kick in after a Zimbabwe Electricity Supply Authority (Zesa) power outage.

But a power cut to Econet’s servers is no mere outage. It is effectively a major disruption to an already troubled economy teetering on the edge as it means 70% of Zimbabweans had no phones, internet and crucially EcoCash mobile money services. More than 14 million subscribers were caught off guard. People were stuck in banking halls, fuel queues, supermarkets and commuters to various places were stranded.

And in what seems like a never-ending cycle of misery for ordinary Zimbabweans in the last year, it is likely there will be more power cuts and ultimately more economic disruption due to the country’s currency troubles and—now, climate change.

Zesa has recently introduced an 18-hour load shedding schedule in most parts of the country because Zimbabwe relies on hydroelectric power from Lake Kariba along the border with Zambia where ongoing drought means water levels have dropped so low it’s forcing reduced electricity production.

In addition, Zesa owes over $50 million to Eskom in South Africa where it also get some of its electricity and the Zimbabwean government has repeatedly stated it doesn’t have enough foreign currency to settle the debt.

As for mobile operators they now have a significant expense as they have to use generators to power their stations but even that challenge is exacerbated because the country is in the middle of a fuel scarcity crisis which is causing prices of diesel to spike.

There are now real fears mobile operators will introduce a system where users in some parts of the country will not be able to access certain services on their networks as it has become too expensive to power up network towers using generators.

Zimbabwe’s economy has been deteriorating since president Emmerson Mnangagwa took over from his mentor Robert Mugabe in November 2017 through a military coup. The finance minister Mthuli Ncube last month scrapped a multi-currency regime and introduced a local currency which has not helped the situation by adding more uncertainty.

While some of the services had been restored eight hours later in the evening, subscribers were still reported to be having difficulties with Ecocash.

Economists see this as a huge blow to the economy as large chunks of the country’s economy runs through runs through electronic systems and mobile money dominated by EcoCash with 95% market share. It’s estimated around 5 million transactions a day more more than $200 million.

Nigerian serviceman returns lost parcel full of cash
Is Zimbabwe’s economy on track?

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Is Zimbabwe’s economy on track? – The Zimbabwean

Instead it has relied on the US dollar along with a local money system pegged to the dollar.

The economy is no longer in its extreme inflationary spiral, but the country has continued to suffer from severe shortages of food, medicine and fuel.

Last month, the Zimbabwean authorities reintroduced the Zimbabwean dollar as the country’s sole legal tender.

Foreign Minister Sibusiso Moyo says this move has stabilised the economy.

But is he right? Reality Check looks at the country’s key economic indicators before and after the currency was reintroduced.

Fears of a return to hyperinflation

There has been understandable concern that the return of the Zimbabwe dollar would lead to a return to the chaotic hyperinflation which destroyed savings and made wages worthless.

The most recent figures suggest inflation has risen sharply over the last year. In May it was 98% and by June, annual inflation stood at 176%.

This is nowhere near the spiralling inflation levels of a decade ago, but the trend has not been encouraging.

So the introduction of the new currency comes at a sensitive time.

Zimbabwe inflation increase

There’s also debate about whether the official number accurately captures the increase in goods on shop floors and at petrol stations, for instance.

Leading economists say it’s likely the cost of living is higher than official figures indicate.

Since the introduction of the new currency on 24 June, it has fallen against the US dollar.

This benefits Zimbabwe’s agricultural exports, mainly its tobacco sector.

But any positive effects are likely to be outweighed by more expensive imports, leading to further inflationary pressures on the economy.

The weaker currency is likely to have an impact across the economy, as importers struggle to get access to foreign exchange such as the US dollar in order to buy goods from abroad.

Taking a longer term view, the government has reduced spending since October last year and is now running a budget surplus, which it says is an indication of an improving economy.

Independent economists are sceptical about these numbers.

Harare, Zimbabwe - where the price of goods has increasedHarare, Zimbabwe – where the price of goods has increased

Falling value of salaries

Public sector workers in Zimbabwe are paid in local currency and there are fears that because of its decline against the US dollar, and because of inflation, they are now, in effect, earning less.

Zimbabwe’s main public sector workers’ union, Apex Council, said in a petition that the value of earnings has fallen “from at least $475 to a mere $47 currently for the lowest paid civil servant” since October last year.

Last week Cecilia Alexander, Apex Council chairwoman, said the government’s austerity plans had left workers mired in poverty.

Unions have, however, agreed a one-off payment of 400 Zimbabwean dollars ($45) to every worker in July, while talks on pay continue.

A power outage and mobile money blackout expose the vulnerability of Zimbabwe’s economy
“I Could Have Solved Zim’s Power Crisis 12 Years Ago BUT Corruption” – Masiyiwa

Post published in: Business

Zimbabwe’s food situation moving toward emergency, UN says – The Zimbabwean

In Summary

Zimbabwe needs about $218 million to stave off hunger for about 5.5 million people between now and April 2020, when the next harvest is expected. That’s assuming there will be enough rain. Bishow Parajuli, the coordinator of U.N. agencies in Zimbabwe, is urging farmers to invest in irrigation and small grains as part of efforts to reduce the effects of climate. The drought has devastated crops, especially corn, which is used to make the staple food sadza, a thick porridge that is served with relish and affected the water supply.

Zimbabwe’s food situation is moving from a crisis to an emergency because of El Nino-induced drought and the ongoing economic meltdown, the United Nations said.

Plaxedes Chibura of Epworth, located about 60 kilometers (37 miles) southeast of Harare, is in desperate need of food aid.

“We have resorted to just one meal a day,” said Chibura, 48, who struggles to care for her grandchildren.

“At times, it’s just the vegetables we get in our garden. We are struggling to get money to buy food. I wish donors would bring us food, especially for the children, as I am not employed. Even school fees I can’t pay. One of them [the children] was not well, so medical bills.”

According to a recent report by U.N. aid agencies and the government, Zimbabwe needs about $218 million to stave off hunger for about 5.5 million people between now and April 2020, when the next harvest is expected. That’s assuming there will be enough rain.

Bishow Parajuli, the coordinator of U.N. agencies in Zimbabwe, is urging farmers to invest in irrigation and small grains as part of efforts to reduce the effects of climate.

The world body says Zimbabwe is among several southern African nations hit by extreme weather in the 2018-19 growing season.

The drought has devastated crops, especially corn, which is used to make the staple food sadza, a thick porridge that is served with relish. In addition, Cyclone Idai in March destroyed many crops a few weeks before harvest time.

“Unfortunately, we are moving from a crisis to an emergency, which is pretty serious,” Parajuli said. “Also the economic challenges facing the country, people have lost their income. The situation is really precarious.”

The drought has also affected the water supply. Michael Chideme, the spokesman for Harare, says two of the capital’s reservoirs have dried out and others are following suit. Water rationing has begun.

Zimbabwe’s hopes now depend on “the generosity of the international community,” Parajuli said.

Ex-Eskom acting CEO awarded licence to produce solar energy in Zimbabwe – The Zimbabwean

Matshela Energy will build a solar plant which is expected to produce 100MW of electricity, in a bid to ease Zimbabwe’s electricity supply crisis which has led to outages lasting up to 18 hours.In a statement released Sunday, the country’s energy regulator, Zimbabwe Energy Regulatory Authority (ZERA) said the company will “construct, own, operate and maintain the 100MW solar power plant called Matshela Energy” in Gwanda, south of Zimbabwe.

“Subject to the Electricity Act and the terms and conditions of the licence, the licensee may supply electricity to any transmission, distribution or supply licensee who purchases electricity for re-sale and with approval of the Authority to any one or more consumers.”

Matshela Energy’s licence will expire in 2044, said ZERA. Koko resigned from Eskom in February 2018while the company was in the process of instituting a disciplinary hearing against him.

He faced four charges, including misleading Parliament about the McKinsey and Trillian payment, leaking confidential Eskom information to a Gupta associate and accepting flights to Dubai from a Gupta ally, as Fin24 previously reported.

On Saturday, Koko tweeted a statement from Zimbabwe authorities confirming the contract.

In an effort to improve energy generation, Zimbabwe has been awarding licences to private companies to supply solar energy.

Zimbabwe Electricity Distribution Company (ZETDC) is currently the only electricity distributor. The imports country imports 50MW of electricity a day from Eskom.

“I Could Have Solved Zim’s Power Crisis 12 Years Ago BUT Corruption” – Masiyiwa – The Zimbabwean

Masiyiwa

Subscribers could not make or receive calls, send or receive SMS, access internet services and most importantly, could not access EcoCash, the mobile money service. Lack of access to EcoCash is most significant because it is the de facto cash in Zimbabwe’s cashless economy.

The telecoms giant has blamed the persistent load shedding by Zimbabwe’s power utility, ZESA. Econet says there was a fault with the generators supporting the network during power outages. Econet says the problem has been solved and connectivity is gradually being restored across the country.

In light of this, Econet’s founder and Zimbabwe’s most decorated entrepreneur, Strive Masiyiwa has commented:

Why I hate corruption!

In about 2007, as Zimbabwe lurched into hyper inflation, and foreign currency disappeared, our local management were faced with a big, big problem:

Electrical power!

The cell phone network is one of the biggest single consumer of electricity in the country. Over 10MW distributed nationally. Base stations were collapsing, and service was degrading on a daily basis.

The management travelled to SA to meet the board and discuss an emergency solution:

We brought in experts including many former engineers of the national power company [ZESA] to try and understand what could be done.

There is no problem without a solution, if you bring in the right people!

Finally we came up with a plan, and we asked the CEO of Econet Zimbabwe to present it to the management of ZESA:

The plan would have unlocked over $250m in loans guaranteed by us, and over 500MW of power. It would have seen the country able to build new facilities.

The response from the ZESA management [at the time] was scandalous!

Totally scandalous!

They told us: “since you are not popular with government, they will not listen to you. Let’s form a private company with some of our own executives, and you can lend money to that company secretly!”

One even proposed his brother as a director of such a company!

I was stunned when I heard.

Next we approached the power regulator, and asked for an independent license to produce power. They told us that they had already given licenses to people who had not built, so they could not issue another license, even though they appreciated, we could build!

And guess what?!

The politically connected guys who had licenses were then tipped off, and they came rushing to see us, with the most ludicrous corrupt proposals:

“You provide 100% funding, and give me 51% for free” one demanded.

One guy even flew to SA in a bid to see me personally!

I refused to even see him!

Our board withdrew the efforts, and we just gritted our teeth to weather the storm.

We were forced to shut down large sections of our network.

Sad!

Zimbabwe burns while the lights are out

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