From a Harvard lawprof: were today’s abundance of law schools to give way in part to a revived clerkship/apprentice model, American law would develop more slowly and organically than it does now, besides which where’d we train our philosopher-monarchs? [Noah Feldman, Bloomberg View] You can buy my recent book Schools for Misrule (including a Kindle download version) here.
A new study out of Harvard finds that lawyers in the United States lean left politically — though not nearly as far left as do law professors — while judges’ political views by contrast tend more toward the middle of the spectrum. An author of the study concludes something’s wrong with the judges. Oh, Harvard, don’t ever change [Adam Liptak, New York Times]
P.S. And in case you hadn’t guessed, lawyers are phenomenally active in the political process:
The study is based on an analysis of the campaign contributions of American lawyers, a group that turns out to be exceptionally active in the financial side of elections.
Of the 975,000 lawyers listed in 2012 in the Martindale-Hubbell legal directory, 43 percent had made contributions to state or federal candidates — including state judicial candidates — since 1979. That is about 10 times the rate of the voting-age population.
One difficulty with the study’s approach, as Liptak notes, is that contributions may reflect factors distinct from ideological leanings, such as economic self-interest. Certainly some lawyers have no terribly strong political views of their own but regard Democratic policies as more conducive to the prosperity of the legal sector or their own particular firm.
Adding to our list of lists, a few more: John Steele’s top ten legal ethics stories of 2014, National Law Journal via TaxProf’s list of ten legal education stories, and James Beck’s ten best pharmaceutical-law cases from a defense perspective, to go with the earlier list of ten worst. Daniel Schwartz has three predictions about labor and employment law (intensifying battles over NLRB; alarm at wave of regulation coming out of the administration; Supreme Court continues to meander and zigzag)
We’ll always need lawyers, but maybe not quite so many of them as we expected: “The 37,924 full- and part-time students who started classes this fall represent a 30 percent decline from just four years ago, when enrollment peaked at 52,488.” [Elizabeth Olson, New York Times “DealBook”, related, the view from D.C. schools]
…the Federal Bureau of Investigation approached Santa Claus to enlist his cooperation in a new surveillance program. FBI agents advised Santa that his extensive knowledge regarding “bad” children, and failure to disclose this information to the government, likely made him guilty of millions of counts of misprision of a felony. But, the agents added, perhaps a deal could be arranged.
Yes, that’s really what interim dean Robert Scott announced [Paul Mirengoff, Power Line]:
In recognition of the traumatic effects these events [the non-indictments of officers in the Brown and Garner cases] have had on some of the members of our community, Dean Greenberg-Kobrin and Yadira Ramos-Herbert, Director, Academic Counseling, have arranged to have Dr. Shirley Matthews, a trauma specialist, hold sessions next Monday and Wednesday for anyone interested in participating to discuss the trauma that recent events may have caused….
The law school has a policy and set of procedures for students who experience trauma during exam period. In accordance with these procedures and policy, students who feel that their performance on examinations will be sufficiently impaired due to the effects of these recent events may petition Dean Alice Rigas to have an examination rescheduled.
Lawyers who can’t function after seeing injustice would seem a bit like surgeons who can’t stand the sight of blood.
- “Government Is the Biggest Threat to Innovation, Say Silicon Valley Insiders” [J.D. Tuccille, Reason]
- Acrimonious split between Overlawyered favorite Geoffrey Fieger and long-time law partner Ven Johnson [L.L. Brasier, Detroit Free Press]
- Case against deference: “Now More Than Ever, Courts Should Police Administrative Agencies” [Ilya Shapiro on Perez v. Mortgage Bankers Association; boundary between “interpretive” and “legislative” agency rules]
- “The Canary in the Law School Coal Mine?” [George Leef, Minding the Campus] Ideological diversity at law schools [Prof. Bainbridge and followup]
- Familiar (to economists) but needed case against state auto dealership protection laws [Matt Yglesias, Vox; our tag]
- Trial lawyers dump millions into attempt to defeat Illinois high court justice Lloyd Karmeier [Chamber-backed Madison County Record, Southern Illinoisan]
- A genuinely liberal regime would leave accreditation room for small Massachusetts college that expects students to obey Biblical conduct standards [Andrew Sullivan, more]