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law schools

July 15 roundup

by Walter Olson on July 15, 2014

  • “Cato Went 10-1 at Supreme Court This Term” [Ilya Shapiro; on merits cases] Yesterday I spoke to a private policy gathering in Annapolis, Md. with a retrospective on the Supreme Court term, especially its lessons for state government. If you’re looking for a speaker on Court issues, I or one of my colleagues at Cato’s Center for Constitutional Studies may fit the bill;
  • “CrossFit Sues ‘Competitor’ For Revealing Its Injury Rates” [DeadSpin]
  • New Jersey court rules for casino in unshuffled baccarat deck case [Elie Mystal/Above the Law, earlier]
  • Family rescued from 1000 miles offshore plans to sue over nonworking satellite cell phone [ABC 10 News]
  • Tartly worded response to third-party-subpoena demand in Sherrod/Breitbart case [attorney Robert Driscoll]
  • Legal academia: Prof. Bainbridge takes on law-and, empirical legal studies crowds [Bainbridge, TaxProf and reactions] George Leef on reforming law schools [Pope Center]
  • “Uber Agrees to End Surge Pricing During NY Emergencies, And Why That Means You’ll Never Find a Ride” [Gary Leff; Peter Van Doren, Cato]

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Martin Odemena, formerly a student at the Massachusetts School of Law, says he couldn’t transfer to another school because of the unfair grade in the Contracts course and “is seeking more than $100,000 in damages for the lost legal career.” [Debra Cassens Weiss, ABA Journal]

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“I can say that because I’m a lawyer,” President Obama told the Tumblr crowd last week. [American Interest]

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June 12 roundup

by Walter Olson on June 12, 2014

  • John McGinnis: As information technology disrupts the legal profession, will lawyers’ clout decline? [City Journal]
  • Law schools, especially of the more leftward persuasion, collecting millions of dollars in cy pres lawsuit diversions [Derek Muller]
  • Who’s still defending embattled medical examiner Steven Hayne? Mississippi attorney general Jim Hood, for one [Radley Balko, earlier here, here, here]
  • Life in America will become more drab if Campaign for Safe Cosmetics gets its way [Jeffrey Tucker via @cathyreisenwitz, earlier on "CPSIA for soap"]
  • LSAT settled with DoJ demands re: disabled accommodation back in 2002 and again just now, and the differences between the two settlements tell a story [Daniel Fisher, earlier] Some prospective students will be losers [Derek Muller]
  • “‘Swoop and Squat’: Staged car accidents, insurance fraud rise in L.A.” [Los Angeles Times]
  • Toughen duty for California psychiatrists to inform on dangerous patients? Awaiting backfire in three, two, one… [Scott Greenfield]

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Law schools roundup

by Walter Olson on May 22, 2014

  • Under DoJ gun, LSAT agrees to end flagging of test scores taken with disabled accommodation, cough up more than $7 million [Justice press release, Caron/TaxProf roundup coverage]
  • “Things law school trustees probably should not do: subpoena their own school’s students for criticizing them” [@petersterne; Danielle Tcholakian, DNAInfo]
  • Should law students graduate without studying the First Amendment? And other thoughts from Justice Scalia’s William & Mary commencement speech [text via Will Baude]
  • “Rank ordering the likelihood of law school reforms” [Prof. Bainbridge] ABA moves forward with law school accreditation changes; tenure, among other institutions, likely to remain sacrosanct [Caron/TaxProf, Fortune]
  • Paul Horwitz reviews James R. Hackney Jr. book on contemporary legal academy [Journal of Legal Education via Prawfs]
  • Alex Acosta dean case: should conservative legal academics steer clear of Florida? [Bainbridge]
  • Orin Kerr vs. Erwin Chemerinsky and Carrie Menkel-Meadow on curricular reform [Volokh Conspiracy]

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Law schools roundup

by Walter Olson on February 19, 2014

  • No shock there: “Law Profs Oppose ABA Proposal to Eliminate Tenure as Accreditation Requirement” [NLJ via Paul Caron/TaxProf, related]
  • Teresa Wagner hiring suit against U. of Iowa law school on appeal to Eighth Circuit [Daily Iowan, quotes me; Caron; earlier]
  • Scalia: “truly appalling” most students at elite law schools not asked to read Federalist Papers [Chicago Sun-Times] Do “wacky” offerings at such schools necessarily sound so wacky? [Elie Mystal, Above the Law]
  • Canada’s first evangelical law school wins approval, backed by civil libertarians, over objections centering on its no-nonmarital-sex pledge [Vancouver Sun, MacLean's, related, earlier]
  • “Self-Interest and Sinecure: Why Law School Can’t be ‘Fixed’ From Within” [David Barnhizer (Cleveland State), via Caron]
  • “Intellectual Diversity and the Legal Academy,” conference by Harvard Federalist Society now online [Harvard JLPP]
  • Tonight (Wed.) at 7:30 I’m scheduled to join Al-Jazeera America’s “The Stream,” hosted by Lisa Fletcher with Wajahat Ali, to discuss the state of law schools, with Profs. Paul Campos (Colorado) and Gillian Hadfield (USC). Tune in!

Once again, a law professor has stepped up to inform us that we need to join much of Europe in attaching legal penalties to hurtful speech. This time one patient refutation comes from Michael Moynihan [Daily Beast] The idea is about as fresh and new as sleeve garters, notes Jonathan Rauch [Volokh/WaPo] Further rebuttal from Ken at Popehat and Scott Greenfield.

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Again and again, as legal challenges to ObamaCare made their way forward, leading law professors dismissed as frivolous or inconsequential arguments that wound up convincing many or most Justices on the Supreme Court. David Hyman via Stephen Bainbridge:

Almost without exception, law professors dismissed the possibility that PPACA might be unconstitutional — but something went wrong on the way to the courthouse. What explains the epic failure of law professors to accurately predict how Article III judges would handle the case? After considering three possible defenses/justifications, this essay identifies five factors that help explain the erroneous predictions of our nation’s elite law professors, who were badly wrong,
but never in doubt.

Related: NYU Prof. Jonathan Haidt, who has written powerfully about the lack of ideological diversity in academia, has this page of resources on the subject. And don’t forget my book Schools for Misrule.

More: Nick Rosenkranz at Volokh back in April.

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Law schools roundup

by Walter Olson on November 18, 2013

  • “California AG files claim against school that hired its own students to boost employment numbers” — not a story about a law school, but it might have been [John Steele]
  • Hardly anyone took the constitutional challenge to ObamaCare seriously, at least it seems not at Yale [David Bernstein, Volokh; and speaking of law school ideology my book Schools for Misrule makes a great holiday gift]
  • Clinical legal education: “shift from service clinics to impact clinics is partly driven by clinicians’ search for status within the academy” [Margaret Drew and Andrew Morriss, SSRN]
  • Shorten law school to two years? [NYT "DealBook" on Obama comments, Jim Dedman, Abnormal Use] “UVM, Vermont Law School consider joint degree” [Burlington Free Press]
  • As “Old Media” shrinks, shouldn’t the number of law reviews do so too? [Gerard Magliocca]
  • Lighter regulation of UK law schools, and more pathways to practice? [John Flood]
  • Cleveland State law profs say “Satanic” $666 pay hike was retaliation for union activities [TaxProf]

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NYT on law reviews

by Walter Olson on October 22, 2013

This time the critical coverage, by Adam Liptak, triggers a fair amount of pushback from legal academics defending the student-edited review format. My two cents last year here.

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Law schools roundup

by Walter Olson on October 8, 2013

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Eugene Volokh, often quoted in this space, isn’t enthusiastic about the idea of finishing law school in two years (earlier), but wonders about shortening the undergrad component. Some other views: Paul Caron/TaxProf reaction roundup, Orin Kerr, Hans Bader, Andrew Sullivan readers, Mystal (Kaplan survey). Yale’s Bruce Ackerman defends the three-year curriculum (more) leading to responses rounded up at TaxProf. What would happen to clinics? [Althouse, Schrag]

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Law school roundup

by Walter Olson on August 26, 2013

  • Now we’re getting somewhere? “ABA Task Force Releases Draft of Recommendations to Reform Legal Education” [Orin Kerr] “ABA Panel Favors Dropping Law School Tenure Requirement” [Karen Sloan, NLJ]
  • Now we’re getting somewhere, cont’d? “Obama: two years of law school should be enough” [Prof. Bainbridge, Stephen Gillers]
  • Many law reviews continue to “struggle with forthrightness” on circulation, Virginia’s claims 1700 but actual number is 304 [Ross Davies' annual Green Bag survey, just out; my related Atlantic take last year]
  • “Washington U. Dean Syverud Tells ABA Task Force: Law Profs, Deans Are Paid Too Much; 50% Pay Cut Would Solve Problem” [TaxProf] “New Law School Gets Just A Third Of Its Expected Starting Class” [Elie Mystal, Above the Law; Indiana Tech]
  • How misleading are stats Rutgers-Newark puts out for its grads’ “median private sector starting salary”? [Paul Campos] “Sixth Circuit: it was unreasonable for Cooley applicants to believe Cooley’s ‘objectively untrue’ statements” [John Steele] “Former Villanova Law Dean Suspended from Practice for Filing Knowingly False Admissions Data” [Legal Ethics Forum]
  • Claim: under “principles of social justice lawyering …lawyers have a fiduciary duty to create equal justice under the law.” Would she disbar those who don’t? [Artika Tyner, SSRN, via Legal Ethics Forum]
  • Has Georgetown figured out a way to offer free law school tuition, and if so how much of the “free” winds up being on the taxpayers’ dime? [Politico, Milan Markovic, Hans Bader]
  • “Law School to Remove Fraudster’s Name From Atrium” [Indiana; Lowering the Bar]

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  • Litigious anti-feminist loses case alleging that Manhattan club’s expensive bottle service for old men, free drinks for young women violate bias law [NY Mag, NYDN]
  • “Hospital cannot ban all service animals from psych ward, federal judge rules” [ABA Journal] “New Yorkers use bogus ‘therapy dog’ tags to take Fido everywhere” [NY Post via Althouse]
  • Canada: foes seek to prevent opening of evangelical law school in B.C. [CBC, Jonathan Kay/National Post, Globe and Mail editorial, TaxProf]
  • Related: broad religious exemptions in anti-bias law make good complement to same-sex marriage [Ilya Shapiro/Cato, my take] Gay couples must also live and let live, or else liberty is in for some cake wrecks [Bart Hinkle, Richmond Times-Dispatch]
  • Hiring based on IQ testing: widely regarded as legally suspect, but mostly tolerated in practice? [Bryan Caplan]
  • “‘Borgata Babes’ lose weight bias suit; judge says casino policy was legal” [ABA Journal, earlier]
  • 2009 expansion of federal hate-crimes law headed for a court challenge? [Josh Gerstein, Politico]

A Cincinnati couple has gone through 17 years of contentious litigation. “Their divorce case file had more than 1,400 entries in it. Many had to do with a back-and-forth custody dispute over their children, now ages 17 and 20.” Both husband and wife are law professors. [Cincinnati Enquirer via Daily Mail]

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Law schools roundup

by Walter Olson on July 26, 2013

  • “How To Fix Law School” symposium at New Republic with David Lat, Paul Campos, Mike Kinsley etc. follows up on Noam Scheiber article on erosion of BigLaw business model, which in turn drew semi-rebuttal from Mark Obbie at Slate;
  • “So the poor defendants have to spend thousands on legal fees, while law students get their ‘practice.’” [John Stossel]
  • Brian Tamanaha vs. Simkovic and McIntyre “law degree worth a million bucks” study [Balkinization, response here, Adler, Caron]
  • Amid crisis, tone-deaf ABA “actually in the process of trying to make it harder for accredited law schools to fire professors and control their costs” [Elie Mystal]
  • Foundation case studies include Carnegie 1921 report on legal education, Olin support for law and economics, and some others related to law schools [J. Scott Kohler and Steven Schindler, Philanthropy Central]
  • “Shifts in law professors’ views” [Kyle Graham]
  • Bring on the strong verbs, and not just in legal writing [Ross Guberman] In recent Nike shoe case, Chief Justice Roberts wrote rings round Justice Kennedy [same]

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Law schools roundup

by Walter Olson on July 9, 2013

  • “Law school plotted to sabotage its own students?” [Steele, Cassandra Burke Robertson, Caron on Phoenix allegations]
  • Bryan Garner’s take on law reviews [Green Bag]
  • Washington & Lee’s innovative practice-oriented third year has drawn much attention, but job placement results lag [Deborah Merritt via Alice Woolley]
  • “Law school sues for liability insurance coverage” [VLW on Liberty U., Miller-Jenkins kidnapping case]
  • The business of one high-flying law school: documents shed light on NYU [Joe Patrice, Above the Law]
  • Concussions: NFL players’ union to fund $100 million Harvard project, including HLS, on football and health [Cohen, Prawfs, with further thoughts from a notorious gadfly on lobbying by lawprofs]
  • John O. McGinnis and Russell Mangas, “An Undergraduate Option for Legal Education” [IRLE/SSRN]
  • Toward more sensible law school rankings? ABA makes it harder to count higher expenditures themselves as a plus [Above the Law]

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As much as any other institution, the Ford Foundation has shaped the modern American law school, having provided key backing for developments such as clinical legal education, public interest law, identity-based legal studies, and transnational law. Whether you agree or disagree with Ford’s ideological thrust — and as a libertarian, I regularly disagree — it’s a pretty remarkable set of accomplishments. I give an overview and brief history in this new article for the Capital Research Center’s Foundation Watch, adapted from my book Schools for Misrule. (cross-posted from Cato at Liberty; welcome readers from George Leef, NRO)

More: some essays on Ford’s crucial support during the formative period of public interest litigation [Steven Schindler, more, Scott Kohler]

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