… or go on watching the Age Discrimination in Employment Act (ADEA) weaken law faculties [Dan Subotnik] I wrote on this problem in my 1997 book The Excuse Factory, and more recently here, here, and here.
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]
As members of the faculty of Harvard Law School, we write to voice our strong objections to the Sexual Harassment Policy and Procedures imposed by the central university administration…
Amid the clamor to provide fuller remedies to complainants who file sexual assault and harassment charges, the university is preparing to trample the interests of others:
Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation.
Among the problems: overly broad definitions of misconduct in situations like that of mutual incapacitation by alcohol, and procedures that deny “any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.”
Had Harvard arrived at these rules as a result of purely internal deliberations, it would be one thing. But in practice it’s yielding to strong-arm pressure from the combined efforts of the Obama Department of Justice and Education Department Office for Civil Rights (for more details, see my article for Commentary last year.) Like hundreds of other colleges and universities over the past year, Harvard responded to this pressure by meekly folding its hand:
The university’s sexual harassment policy departs dramatically from [existing] legal principles, jettisoning balance and fairness in the rush to appease certain federal administrative officials.
We recognize that large amounts of federal funding may ultimately be at stake. But Harvard University is positioned as well as any academic institution in the country to stand up for principle in the face of funding threats.
It’s especially gratifying to see that the letter’s 28 signers include prominent scholars associated over the years variously with feminist, liberal, and left-leaning causes, such as Nancy Gertner, Charles Ogletree, Charles Nesson, Janet Halley, and Elizabeth Bartholet, along with perhaps more expected names like longtime contrarian Alan Dershowitz. A turning point? Let’s hope so. The letter is here (h/t Eugene Volokh; & further Boston Globe coverage). [cross-posted from Cato at Liberty]
Also: “the danger of holding an innocent person responsible is real.” [Judith Shulevitz, New Republic, quoting Prof. Halley]