In the Harrisburg Patriot-News, Ivey DeJesus trumpets the views of a “leading legal expert,” specifically “one of the country’s leading church and state scholars” who says, contrary to a state lawmaker’s assertions, that there’s no constitutional problem with reopening lapsed statutes of limitations so as to enable child-abuse lawsuits by now-grown-up complainants. Prof. Marci Hamilton is indeed a well-known church-state scholar, and there is indeed precedent for the (perhaps strange) idea that courts will not necessarily strike down retroactive legislation as unconstitutional so long as its impacts are civil rather than criminal. But it’s not until paragraph 18 that DeJesus, after introducing the expert at length by way of her academic affiliations, bothers to add a perhaps equally relevant element of her biography: she has “represented scores of victims in the Philadelphia Archdiocese clergy sex abuse case.” Why bring that up?
Tagged as:
churches,
law schools,
media bias,
Pennsylvania,
statutes of limitations
- Harold Lasswell and Myres McDougal’s influential article on legal education figures prominently in Schools for Misrule; Henry Manne says their scheme of actual classroom pedagogy did less well [Bainbridge]
- Deanship of local plaintiff’s attorney at St. Louis U. is short, colorful [NLJ]
- GW lawprof trips, falls at Denver Law event, now in court [Above the Law]
- Law reviews requiring authors to sign indemnity clauses. Reason for alarm? [Dan Markel, Prawfs]
- Out-of-touch law academy, vol. 18: Duke prof dismisses floodgates arguments on principle [Ted Frank]
- “Should Law Reviews Consider Race When Selecting Articles?” (and do they?) [Josh Blackman]
- Insurance is an undercovered topic in the law school curriculum, so Randy Maniloff decides to do an intervention [Coverage Opinions, PDF, lead article]
Tagged as:
insurance,
law schools,
slip and fall
A letter to the ABA signed by 67 big names in legal education [Caron/TaxProf] comes to conclusions about the economic organization of law schools very similar to those I reached two years ago in the relevant section of Schools for Misrule (not claiming any particular prescience on my part, others had made a similar case before and the signs were clear enough to anyone who would look). Their recommendations:
Legal education cannot continue on the current trajectory. As members of a profession committed to serving the public good, we must find ways to alter the economics of legal education. Possible changes include reducing the undergraduate education required for admission to three years; awarding the basic professional degree after two years, while leaving the third year as a elective or an internship; providing some training through apprenticeship; reducing expensive accreditation requirements to allow greater diversity among law schools; building on the burgeoning promises of internet-distance education; changing the economic relationship between law schools and universities; altering the influence of current ranking formulas; and modifying the federal student loan program. As legal educators, it is our responsibility to grapple with these issues before our institutions are reshaped in ways beyond our control.
Tagged as:
law schools,
Schools for Misrule
Teresa Wagner had sued the University of Iowa’s law school alleging bias against her as an ideological conservative, but a jury ruled against her on most counts, and now the judge in the case has denied her retrial motion and granted the university’s motion to dismiss the remaining count. [AP via Adler; court opinion; comments by lawprofs Herbert Hovenkamp of U of I and David Bernstein of George Mason; earlier on this case, on which I was quoted in the press a number of times.]
Tagged as:
Iowa,
law schools
- California Supreme Court: fee shift in disabled-rights claim can go to winning defendant, not just plaintiff [Jankey v. Song Koo Lee, Bagenstos/Disability Law]
- That’s Olsen with an “e”: “Lawmaker wants to protect cities from frivolous lawsuits over A.D.A.” [California Assemblywoman Kristen Olsen; L.A. Times] “Gas stations confront disabled-access lawsuits” [Orange County Register] Serial ADA filer hits New Orleans [Louisiana Record] ADA drive-by suits in Colorado and elsewhere [Kevin Funnell]
- And this lawyer follows a see-no-evil policy regarding ADA filing mills: “I refuse to pass judgment on other attorneys here.” [Julia Campins]
- Child care center could not turn away applicant with nut allergy because Iowa disabled-rights law said to have expanded its coverage of categories when the U.S. Congress expanded ADA, though Iowa lawmakers enacted no such expansion [Disability Law]
- Feds join in LSAT accommodation suit [Recorder]
- Official in San Francisco’s mayoral Office on Disability files disability-bias claim [KGO]
- “Testing employees for legally prescribed medications must be done carefully” [Jon Hyman]
Tagged as:
ADA filing mills,
California,
Colorado,
Iowa,
law schools,
loser pays,
Louisiana,
San Francisco
- Universities’ prestige game: will “zombie law schools” drag down the rest? [Gerard Magliocca]
- Law as undergraduate degree works in advanced countries like Germany and Britain, could work here too [Bainbridge]
- It’s a capitalist plot! Steve Diamond of Santa Clara assails Brian Tamanaha’s critique of law schools as too redolent of Hayek, Cato [SSRN, background, more]
- “That’s pretty good reason to speak up: Thomas Breaks 5-year Silence During #SCOTUS Arguments to Mock Yale” [@DavidMastio]
- Dean who took huge pay packet for dismal results is also immediate past president of ABA law school panel [Campos]
- Does the California experience undercut arguments for relaxing accreditation? [Matt Bodie]
- “What Do Law Professors Think About the Critiques of the Law Schools?” [Orin Kerr]
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bar associations,
Cato Institute,
Clarence Thomas,
law schools,
Yale
As recently as 2004 law school applications numbered nearly 100,000, and three years ago the figure stood around the mid-80s. Now it’s plunged to a projected 53,000-54,000, with an especially sharp recent dropoff among the most sought-after students with the highest scores. Time for rethinking the model of an ever-expanding legal academia fed by unquenchable demand for lawyers and unlimited federal student loans [TaxProf] Incidentally, those who attended or watched our Cato seminar earlier this month on “Failing Law Schools” were among the first to hear the new numbers.
Tagged as:
law schools
My colleague Neal McCluskey on last week’s Cato panel:
When it comes to taking on higher education, I thought I was as hard bitten as any Law and Order cop. I thought I’d seen all the worst things that went on in the ivory tower. Until, that is, I started investigating the very schools that produce the prosecutorial side of the justice biz: law schools.
…[A]ll the major carnage of higher education, only worse. Worse tuition hyper-inflation. Deceptive advertising that rivals the most odious of any openly for-profit university.
Read the whole thing here at SeeThruEdu.com.
Tagged as:
law schools
- I’m in today’s NYT Book Review reviewing “Foundation,” Peter Ackroyd’s new book on English history up to the Tudors [NYT]
- Stanford Law School launches religious liberty clinic [Karen Sloan, NLJ] AALS panel on “The Freedom of the Church” [Rick Garnett, Prawfs]
- Party in breach, nasssty thief, we hates it forever: lawyer parses Hobbit’s Bilbo-dwarves contract [James Daily, Wired]
- To pay for roads, vehicle-mile fees > gas tax, but either > general sales tax, argues Randal O’Toole [Cato at Liberty]
- Steven Teles on the high cost of opaque, complex and indirect government action [New America via Reihan Salam]
- I’ve given a blurb to Mark White’s forthcoming nudging-back book on behavioral economics, “The Manipulation of Choice: Ethics and Libertarian Paternalism” [Amazon]
- “Internet-Use Disorder: The Newest Disability?” [Jon Hyman]
Tagged as:
churches,
humor,
law schools,
roads and streets,
WO writings
Here’s the video of our Wednesday event at which author Brian Tamanaha (Washington U.) discussed his book Failing Law Schools. Neal McCluskey (Cato) and Paul Campos (Colorado) commented, and I moderated. We’ve had lots of appreciative comments from those who’ve watched, and I wholeheartedly endorse the book, which is persuasive in both its analysis and its recommendations.
More: After the panel, Megan McArdle of Newsweek/Daily Beast interviewed Prof. Campos on the latest bad numbers for law schools. Other comments include Paul Caron/TaxProf, Stephen Diamond of Santa Clara University (disapproving of Cato and the panelists) and Constitutional Daily here, here and here (differing sharply with Diamond).
And: Cato Daily Podcast (audio) with Prof. Tamanaha.
Tagged as:
law schools,
live in person
