Giuliani named those two justices, along with President George W. Bush's two picks, Chief Justice John Roberts and Justice Samuel Alito, as the kind of people he would put on the court. He said they don't try to write laws from the bench but only interpret the Constitution "in a way that will protect your rights and my rights. They will not get it into their heads that they're really legislators and they can go around changing things," Giuliani said.

Bush himself had mentioned Scalia and Thomas as his model judges during his 2000 campaign -- a move widely viewed as a way to signal conservatives that he would move the court rightward, including on Roe v. Wade.

But conservatives then knew that Bush was personally opposed to abortion. Giuliani is using a similar pledge to convince conservatives that he would look beyond his personal views in support of abortion rights in pickng justices, raising questions of whether it will be as effective an appeal.

Giuliani also defended his record of picking mostly Democratic judges as New York mayor, saying those people didn't decide constitutional issues but mainly presided over criminal cases.

Giuliani is making his first swing through heavilly Republican western Iowa today and tomorrow, seeking to convince voters he is not bypassing the state's January caucuses despite mixed signals from his campaign.

Senate Majority Leader Harry Reid (D-Nev.) organized the rare all-night session in an attempt to dramatize the fight between Republicans and Democrats over the amendment.

The amendment, which was attached to the Department of Defense authorization bill, had majority support thanks to several Republicans who backed it. But Republicans used a procedural maneuver available to the minority party to require a 60-vote majority to move the bill forward.

Democrats only mustered 52 votes in favor of invoking cloture, falling short of the 60 required. Forty-seven senators voted against cloture. Reid at first voted in favor of cloture, but changed his vote at the last minute to join Republicans opposing it.

Reid’s vote against cloture allows him to call for another vote on the measure at a time of his choosing, according to spokesman Jim Manley, who said the switch was “only for procedure.”

Reid expressed his disappointment at the outcome shortly after the vote but pledged to keep trying to pass legislation aimed at changing course in Iraq.

"We spent two days showing America that we're not going to back down, that we're going to continue to fight," he said. "How could we possibly shrink from this fight? How could we possibly try to avoid this fight?"

Reid had accused Republicans of obstructionism for blocking a simple-majority up-or-down vote on the amendment. But Republicans defended their maneuver as a standard tool of the minority party.

In a news conference before the all night session began Tuesday, Sen. John McCain (R-Ariz.) said that "time after time when the other side was in the minority they also invoked the 60-vote requirement."

The California Court of Appeal, in a 2-1 decision, said that Daniel and Kathleen Sheehan waived their privacy concerns because they knew of the pat-down searches before they bought their tickets for the 2006-2007 season. They sued in December 2005 after experiencing pat-down searches that season.

The court said the couple could quit going to games if they were offended by the searches.

"By voluntarily re-upping for the next season under these circumstances, rather than opting to avoid the intrusion by not attending the games at Monster Park, the Sheehans impliedly consented to the pat-downs," Justice Timothy Reardon wrote for the majority, adding that the "Sheehans have no reasonable expectation of privacy."

Justice Maria Rivera dissented, arguing that her colleagues too easily tossed aside the Sheehans' privacy concerns.

"The courts' role in protecting privacy rights should not be so readily abdicated," Rivera wrote, noting that the Sheehans have no other way to watch the team in person. "If you are the only game in town, requiring your customers to either submit to a pat-down search or walk away does not present the kind of genuine choice upon which the majority's reasoning is premised."

ACLU lawyers, who helped the Sheehans with their lawsuit, and a 49ers spokeswoman did not immediately return calls for comment.

A federal appeals court in Florida and a federal district court judge in Seattle each ruled similarly in upholding pat-down searches at Tampa Bay Buccaneers and Seattle Seahawks home games.

Mr. Morford was named as a temporary deputy, but officials said he was likely to be named as the official candidate for the job after background checks are completed. He would succeed Paul J. McNulty, who is preparing to leave next month.

In the Justice Department, Mr. Morford has earned a reputation for successfully handling difficult assignments with a deft, aggressive style. As a prosecutor in Cleveland, he led the government team that won a conviction in the 2002 corruption trial of James Traficant Jr., a former Democratic representative from Ohio who was sentenced to more than eight years in prison.

In 2004, Attorney General John Ashcroft appointed Mr. Morford to lead an internal investigation into misconduct by federal prosecutors in Detroit, an inquiry that caused the government to ask a federal judge to throw out terrorism verdicts against two men convicted of operating a sleeper cell. Mr. Morford went to Nashville last year.

In announcing the appointment, Mr. Gonzales said in a statement: "With 20 years of experience as a Justice Department prosecutor, I am pleased to have a person of Mr. Morford’s exemplary character and integrity in this critical position at this time."

Senator Charles E. Schumer, a New York Democrat who has been scathingly critical of Mr. Gonzales, said the appointment was a positive step. "Mr. Morford starts out with one thing going for him: He’s a career prosecutor and not a politician," said Mr. Schumer, who has led the Senate investigation of the dismissals. "We’ll be watching closely to make sure that the rule of law comes first and foremost under his watch."

"Part of our strategy is we work with... countries from which we import goods, to make sure that their procedures and practices will give us comfort," he said. "Finally we'll be working with companies that import goods from around the world, to make sure that their practices meet the high standards that we set for the United States."

Mr Bush has established a new panel to review the import rules. Speaking after meeting members of the new panel at the White House, Mr Bush said he believed the Government was on top of the situation.

But his comments fell short of the demands of some senators, who have called for a permanent import tsar with broader powers to oversee the safety of goods imported into the US. The panel is expected to make its recommendations on ways to improve the safety of imported goods in 60 days.

Although most of the megafirms in recent years have invested in hiring associate-development teams to help coordinate programs and address work-life issues, development director positions are new for many midsize regional firms. Law firm leaders and career professionals say that the jobs are becoming increasingly important as business for most law firms of all sizes remains strong and the pool of law school graduates stays stagnant.

Attrition problems, though on a smaller scale than those at giant firms, have prompted midsize law firms to hire development directors. But these firms also are bringing in career professionals because of another pressure from the market.

"Midsized firms don't want to lose associates who want the training they feel like they'd be getting" at bigger firms, said Marina Sirras, president of Marina Sirras & Associates, a legal recruiter in New York. One of the factors associates use to gauge the strength of a firm is whether it has someone dedicated to helping them climb the ladder to partner.

$200,000 BASE PAY

As a result, more and more are hiring full-time, highly qualified people to watch over their junior lawyers.

"They're willing to pay a lot of money -- $200,000 base pay -- because they want their expertise passed on to associates," she said.

In Zirm's case, he left his job as a partner at Cleveland's Walter & Haverfield, a 75-year-old firm, because the development director position at Ulmer tapped into what had become the favorite part of his job at his old firm: helping budding lawyers.

"I had a 10-year run of supervising litigation associates," Zirm said. "It was one-on-one coaching and mentoring."

Ulmer & Berne managing partner Kip Reader said that the key in filling the newly created position was to find an experienced attorney who could pass on to associates the lessons learned in ascending to partnership.

NALP, formerly the National Association for Law Placement, estimates that by the time associates at large law firms are in their fifth year of practice, about 80 percent have left their jobs. High associate attrition is occurring at the same time that law firms are reporting record revenues and law schools are churning out the same number of graduates -- about 40,000 -- each year.

"We've got our attrition issues like everybody else," Reader said. "Our associates need to know the firm is supportive and is willing to devote the resources."

The NALP employment Web site is replete with listings from law firms of all sizes looking for associate development directors, but a number of recent postings are from midsize law firms with newly created positions. Until recently, midsize firms that had formally addressed associate development needs did so mostly by bringing in consultants or handing off the responsibilities to attorneys or administrative employees busy with other duties, said Sirras, the recruiter. But now, even firms that hire fewer than 20 new associates each year are looking for full-time directors, she said.

CATCHING UP

Molly Peckman, director of professional development at 445-attorney Pepper Hamilton, based in Philadelphia, said she has noticed an increase in attorney-development jobs available at midsize firms. She has received calls from several headhunters, she said, seeking to fill newly created positions.

"The larger firms set the standards of professional development, and now the midsized firms are catching up to bringing people in-house," she said.

Phoenix-based Lewis and Roca is seeking its first professional-development director. The person whom the 200-attorney firm hires will work mainly with associates and nonequity partners, said managing partner Kenneth Van Winkle.

The decision to create the job was part of the firm's move two years ago to convert to a two-tier partnership structure, which included nonequity partners. The agreement among firm leaders to reconfigure the partnership structure included some "horse trading," Van Winkle said, in which he made the commitment that the firm would hire a development director to assist associates and nonequity partners in becoming full partners.

Lewis and Roca had in place a development strategy, he said, but without someone to handle it full time, it was not getting implemented. Partners would volunteer to do the job, but they would set aside the tasks in favor of client business.

"It's all sitting there waiting," he said. "We've provided the bones; we want someone who can put meat on the bones."

Whoever fills the job will be busy. Responsibilities include handling matters of mentoring, retention, training, career planning and counseling, succession planning, diversity initiatives and many more. The person will answer to Van Winkle, which he said is critical to the credibility and accountability of the position.

Delaware-based Young Conaway Stargatt & Taylor had similar implementation challenges before it hired a development director. Two years ago, it was one of the first midsize law firms in Delaware to bring in a full-time director to work with the 10 to 15 associates it hires each year. The firm hired Patricia Widdoss, an associate at the time in the Wilmington, Del., office of Skadden, Arps, Slate, Meagher & Flom. Widdoss, who previously clerked for the 3rd U.S. Circuit Court of Appeals, also handles pro bono cases.

James Patton, managing partner of 102-attorney Young Conaway, said associate retention is "one of those business-side problems" that lawyers who practice full time are not good at solving.

Leigh Jones
The National Law Journal
July 19, 2007

The Pennsylvania Supreme Court upheld the decision to allow the development of two waterfront casinos in Philadelphia.

The decision affirms the decision of state regulators to allow Foxwoods Casino Philadelphia and SugarHouse Casino to open slots parlors on Columbus Boulevard in Philadelphia. The case was brought by a rival casino proposal whose application was rejected.

However, both casinos must still get city approvals. The casinos could open as early as next year, pending city approvals.

It's likely neighborhood groups, who have fought the proposals, will continue their opposition.