- “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]
Pitching a civil-Gideon entitlement as salvation to economically insecure faculty and administrators in legal academia [Edward Rubin via Caron, TaxProf]
- “Is Legal Scholarship Politically Biased?” [Chilton-Posner study] [Caron, Josh Blackman, Will Baude]
- “Suffolk offers to buy out its whole law faculty” [Bainbridge]
- Another injury lawyer, Thomas Kline of Kline & Specter, gets a law school named after himself after $50 million donation to Drexel [Philadelphia Inquirer via Caron]
- Bonus quote from Kline partner and senatorial scion Shanin Specter: “I don’t think there are any lawyers in Philadelphia bringing claims that they know are not meritorious.” (So that’s a relief.) Meanwhile, grateful Drexel law dean praises Kline’s law firm as the one you should consider calling if, “unfortunately, someone in your family faced catastrophic injuries.” [same; compare encomium of Michigan State dean to Geoffrey Fieger upon Fieger’s $4 million donation to MSU in 2002]
- So many fellow academics upset with U. of Chicago’s Brian Leiter and his frequent talk of legal action hasn’t helped [Chronicle of Higher Ed, Jonathan Adler, Leigh Johnson, Above the Law]
- A law school study group with its own nondisclosure agreement [Patrice, AtL, Lowering the Bar]
- Assuming we don’t abolish them: “Three Ideas to Improve Law Reviews (as Institutions)” [Dave Hoffman, ConcurOp]
- Last year I spoke on varied subjects at law schools including Michigan, Buffalo, Chicago, Vermont, Baltimore, Nebraska, and Duquesne. Why not invite me to speak to your roundtable, class or Federalist Society Chapter? Contact editor – at – overlawyered – dot – com.
In Schools for Misrule, I had positive things to say about the “reading law” or apprenticeship alternative to law schools, and the New York Times “Room for Debate” feature now runs a roundtable on that question with contributors that include Brian Tamanaha, David Lat, and Erwin Chemerinsky. Much deeper disruption than that may lay ahead: “Within ten years, MOOCs [massive open online courses] could replace traditional law school classes altogether, except at a few elite law schools” [Philip Schrag via TaxProf] And are law schools pro-cyclical? The state of Florida saw a steeper boom and deeper bust in legal services than the rest of the country; it doesn’t seem to have helped that five new law schools have opened lately in the state, or that many Florida law schools succeed in placing fewer than half of their grads in paying positions for which bar passage is required. [TaxProf]
“Some of the least-qualified graduates of the University of Texas School of Law in recent years have high-level connections in the Legislature, which may explain how they got into the prestigious law school in the first place.” [Jon Cassidy, Watchdog] Five years ago, the University of Illinois was hit with a damaging scandal over the admission of less-qualified applicants at the behest of the politically connected.
- “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]
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]
“I can say that because I’m a lawyer,” President Obama told the Tumblr crowd last week. [American Interest]