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[flagged] Top law firm rescinds job offers to Ivy League students who signed Israel letter (nbcnews.com)
24 points by djkivi on Oct 18, 2023 | hide | past | favorite | 43 comments



> the students’ statements don’t represent the firm’s values.

The firm’s values:

"John W. Davis's legal career is most remembered for his final appearance before the Supreme Court, in which he unsuccessfully defended the "separate but equal" doctrine in Briggs v. Elliott, a companion case to Brown v. Board of Education. Davis, as a defender of racial segregation and state control of education, argued that South Carolina had shown good faith in attempting to eliminate any inequality between black and white schools and should be allowed to continue to do so without judicial intervention." https://en.wikipedia.org/wiki/Davis_Polk#Race_relations


The cases a law firm represents does not define their values. Training in law school includes teaching that everyone is worthy of representation.

Defense attorneys who represent obvious pedophiles, murderers, robbers, etc, don't value those concepts.


> The cases a law firm represents does not define their values.

In this case, they did. Davis wasn't just a lawyer, he was a politician: "Davis acquired much of his father's southern Democratic politics, opposing women's suffrage, Federal child-labor laws and anti-lynching legislation, and Harry S. Truman's civil rights program. He defended states' rights to establish the poll tax by questioning whether uneducated non-taxpayers should be allowed to vote." https://en.wikipedia.org/wiki/John_W._Davis


Hmm, I think cases do express values. I've worked for a firm that took a lot of low paying criminal defense work and barely broke even most years; taking those cases defined their values that poor people deserve an effective defense. I've also worked for a firm that helped polluters keep polluting and was very profitable; taking those cases defined their values that profitability matters more than second order effects in selecting clients. Lawyers absolutely express their values by selecting firms to work at and clients to represent.

But I agree with your underlying point -- you can't read a lawyer's values from a particular client's values in isolation.


If firms can successfully represent clients with oppositional values, why rescind these offers?


Are Democrats the party of the KKK and Jim Crow?

Things may have changed.

(Though I cannot pass on the opportunity to remind that some of the largest protests against school desegregation were in Boston)


> Are Democrats the party of the KKK and Jim Crow?

They were, yes. For example, Senator Robert Byrd was KKK, and Governor George Wallace was a Democrat before running for President in 1968 as an independent.

> Things may have changed.

They have. The south started to flip from Democratic to Republican during the civil rights era.


> They were

Correct. The answer to "are they" is no.

John W. Davis died in 1955 [1]. I think your comment is relevant, funny and informative. But it doesn't rise to making the rescission hypocritical.

[1] https://en.wikipedia.org/wiki/John_W._Davis


> Correct. The answer to "are they" is no.

Well, the Jim Crow laws were declared unconstitutional in the 60s, and the Klan is now a shell of its former self, so I wouldn't put too much weight into "are" vs. "were". They were contemporaneous. https://en.wikipedia.org/wiki/Ku_Klux_Klan#Current_developme...

> John W. Davis died in 1955 [1]. I think your comment is relevant, funny and informative. But it doesn't rise to making the rescission hypocritical.

Yet the law firm still carries his name, and in first position, the first impression.

Of course it's probably silly to talk about a law firm with almost $2 billion in annual revenue having any values whatsoever besides money and power.


I'm a First Amendment absolutist who doesn't like what is going on. Winston & Strawn and Davis, Polk & Wardell had decided that the law students qualified for job offers. That the firms decided that the students no longer qualified because of something, not violating the law, that the students are associated with is alarming.

That also goes for calls for a "nationwide boycott", however informal, by employers of students associated with the unpopular cause of the day, or demands by large donors for the resignations of university leaders that did not insufficiently condemn pro-Hamas words by others associated with the universities.

(And yes, despite the large-scale infiltration of leftist anti-Semitism into academia and politics in recent decades that has now hugely backfired on the Jews that were among its aiders and abetters, support of Hamas is still the unpopular cause, relatively speaking. But not as unpopular as it ought to be.)


True, in a way it is just making the same mistakes of silencing unpopular opinions. I hope these Harvard students stayed way under their potential with a message like this at a time when Israel was invaded. It reflects badly on the education. This was a bit beyond bad taste.

Still, effort should be made to widen the discourse again, instead of reiterating bad ideas like "speech has consequences".


ain't under current legal framework in usa what those companies do can be classified as free speech as well ? i remember some cases in past years that classified actions in this way


This is understandable as it shows an incredible lack of critical thinking on the student's part. Being an effective lawyer means not knee jerk reacting.


> it shows an incredible lack of critical thinking on the student's part

It’s material that these are law students. Not undergrads. Undergrads should have room to be stupidly wrong and learn from it; that’s what academic freedom is for.

That said, they’re still kids. Davis Polk has the right to do what they did; I’d make the same call in their place. But I also wouldn’t mind having these people on a legal team I hired, provided there was afterthought to their actions.


> they’re still kids.

One might argue that they're adults, they have left the 'nest', they can drive, vote, drink, operate guns, etc... Actions have consequences, people learn this even before college.

I'm not defending the law firms nor the students. Students have their right to say whatever they wish, and companies have their right to hire based on whatever non-discriminating criteria they wish. 'Political tribe' is not a legally protected group, so I don't see the problem here. Maybe it's for the best, the students may end up working for human rights NGOs instead of big law.


> may end up working for human rights NGOs instead of big law

How is that letter showing human rights values?


That's not for debate, not here, please. It will only be the start of a mindless circlejerk


That they didn’t blindly support Israel shows a lack of critical thinking? What?

Also what about the statement is kneejerk? Please explain.


No, but that they support the attacks on it and put the blame on Israel, otherwise you might want to time your protest better.


> knee jerk reacting

Knee-jerk means behaving in a predictable manner, following the easiest path.

A knee-jerk response would be condemnation of Hamas and support of Israel because that's how all of our media is telling us to respond.

Both-sides-ing can also be a knee-jerk response for some people who habitually try to claim some middle moral high ground.

Taking a contrarian position, knowing that it may hurt them personally like this, is the opposite of knee-jerk.


In general, that's true. But there are environments where the default position is to see the Palestinians as the victims of an oppressive Israeli government. Not entirely without reason -- Israel has been building settlements in the West Bank, on land that would reasonably form part of a Palestinian state under any two-state solution.

In those environments, it's common to use the term "apartheid" to refer to Israel's treatment of Palestinians. And it can look that way, if you haven't looked at the history. Israel segregates Gaza, allowing people into Israel only to work, and carefully scrutinized. They provide much of Gaza's water and energy, and been able to cut it off (which they now have). That's a superficial view, failing to take into account the history of the conflict, but it's definitely the case that it's common in certain left-leaning circles like college campuses.

In a lot of those places, the recent atrocity by Hamas is making them question that view. But it really does sound as if these students were living in an environment where they had been reinforcing Palestinian victimhood, and supporting Palestine is exactly what I'd call a knee-jerk reaction.


This was not the first. It appears that several attorneys have had job offers rescinded due to comments made regarding the conflict.

https://www.nydailynews.com/2023/10/10/nyu-law-student-ryna-...

A prominent international law firm has rescinded its job offer to NYU Law School Bar Association student president Ryna Workman over “inflammatory” comments regarding the deadly weekend attacks on Israel by Palestinian militant group Hamas.

Here it was the law firm of Winston & Strawn in Chicago.


Davis Polk handled this better: they didn't name the students. (Counterpoint: they're doubling down with any nuance about the difference between advocating for Palestinians and supporting Hamas' tactics added as an afterthought [1].)

[1] https://theintercept.com/2023/10/16/pro-palestine-students-c...


Just goes to show that "cancel culture" isn't unique to any political persuasion. Very, very few people have impartial principles.


When I don't want to hire you, that is not the same as wanting to cancel you. If they share the names of the people they rejected, that would be much closer to "cancelling".



"On Tuesday, the firm said it was reconsidering that decision for two of the three students, who fought their dismissals and said that they did not authorize the letters, which did not have any individual signatories."

https://www.nytimes.com/2023/10/17/business/davis-polk-emplo...


As a Columbia Law grad who spent time in biglaw, this is actually kind of surprising. Law firms, to a degree that surprised me, don't really like to jeopardize their reputation with the top law schools (I'm thinking here the top 6, of which Columbia and Harvard are 2).

I think there's likely a confluence of factors here[0]:

a) Firm might feel clients don't want people who signed the letter to work on their matters (and clients, stupidly and surprisingly, do ask and care about which rando individual associates work on their matters).

b) Some people are taking massive license with this latest terrorist attack on Israel to make bold-faced calls for violence and air a lot of bigotry, and large segments of society are letting them get away with it.

A lot of people have been dismayed to see criticism of Israel and acknowledgement of its role in exacerbating the conflict becoming more common in general; at the moment, they have the opportunity to silence a lot of dissent on this issue once again, and are only helped by statements as ridiculous and extreme as letters pinning blame on the conflict solely on Israel.

c) Big law jobs are shrinking after a period where law firms felt they couldn't get enough elite law talent, and now market power is moving to the firms once again.

d) It should be noted that Davis Polk is major prestige and thus less likely to have to give a fuh about reputation among law schools and law students than most law firms. Nobody except the most dedicated partisan is going to boycott Davis Polk over this.

In talking to career people at Columbia, there was this assumption that for some of the "lesser" big law firms, such as the one I ended up at, which were lower in both prestige and the number of CLS grads they hired, it was possible for the firm to piss Columbia off and get kicked out of Columbia's OCI and that this would be a bigger L for the firm than for Columbia. Not the case for Davis Polk.

[0] I'm not commenting on whether move was reasonable or appropriate. I can make arguments various ways on that issue, personally. I'm just thinking of this more descriptively.


> These statements are simply contrary to our firm’s values

Signing something without charging money?

> At this time, we remain in dialogue with two of these students to ensure that any further color being offered to us by these students is considered

What does this even mean?


> What does this even mean?

If they apologise, in essence, or provide context, e.g. they didn’t read what they signed, or it was edited after they signed it.


> What does [to give color] mean?

"1. To add flourish or provide an interesting accompaniment to something."

"2. To embellish or exaggerate something so as to give it the appearance of truth, credibility, or plausibility."

https://idioms.thefreedictionary.com/give+color+to+(somethin...


[flagged]


What do you mean?


That people who did publicly cast doubt over COVID and election issues, suffered worse consequences with much less comment.


isn't it telling that the law office is not named individually, but named in a collective identity as "Top law firm" ? This literally says "you are being punished by the indisputable authority" .. for signing a considered letter of opinion ! let's be very clear about what is happening.. not the subject of the conflict, but the effects on collective public expression


Uhhh nope... The firm is named in the subheadline, and it's not a recognizable enough name to go in the headline:

"Davis Polk rescinds job offers to Ivy League students who signed Israel letters" doesn't make much sense to most readers, does it?


"New York City law firm Davis Polk rescinds job offers to Ivy League students who signed Israel letters" makes sense. I think it's fairly well understood, at least to all Americans, that if you own a law firm that operates out of a high rise in Manhattan, you're probably a "top law firm."


No, it doesn't communicate that to most readers.

There are a lot of mid-tier law firms in New York City. And where in your proposed headline does it say "which operates out of a high-rise in Manhattan"?

Picking on the existing headline seems pointless to me


At that point they can just say "Top law firm Davis Polk" and then might decide that they prefer the shorter headline of "Top law firm".


> or signing a considered letter of opinion

An "opinion" that torturing, raping, and killing is ok under the circumstances?

No, that's only "free expression" if you accept that you've now put yourself outside the bounds of civilized society and the rule of law.


> No, that's only "free expression" if you accept that you've now put yourself outside the bounds of civilized society and the rule of law.

One way of reading your comment is that it advocates violence against the people who signed the letter of opinion (they have put themselves outside the bounds of the "rule of law" after all).


ah, it's the old "I'm the victim here!" ploy.

Someone applauds violence, and then when anyone calls them out, complains that they're being threatened.

Either that, or you're just nitpicking at words.


There's some nitpicking at words, but I honestly don't know what you meant by "outside the bounds of ... the rule of law" if it's not either that applauding violence is illegal (it's not in the US) or that the laws protecting most people shouldn't protect those people (which seems contrary to your earlier implication that condoning violence is wrong regardless of circumstances).


first it's "One way of reading your comment" and now it's "There's some nitpicking at words"

we're done here. have the last word if that's important to you.




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