Affirmative Action

The Snooki Defense

* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]

* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]

* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]

* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]

* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend the second-best school in the nation. [MLive]

* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]

* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]

* There is a difference between being “insensitive” and being wrong. It’s more important and less obvious than you might think. [Volokh Conspiracy]

* Is it harder to go to college in America today if you are a minority — or if you are poor? [Forbes]

* I live in Oakland, so I’m more surprised when a day goes by that I don’t see someone with marijuana sticking out of their pants. [Legal Juice]

* The finalists in the ABA Battle of the Bands sound pretty darn good. My vote will probably to go to Jenner & Block partner Joe Bisceglia rocking out to some old Chicago blues. [Legal Blog Watch]

* Uggs just won a $686 million judgment against counterfeiters. But for some reason, after years of asking every woman I know, no one has been able to explain to me why people insist on wearing them when it is more than 25 degrees outside. I just don’t understand the appeal. [Fashionista]

* It seems like NYU Law really doesn’t want to give up all of its employment data. Reminds me of playing “keep away” when I was seven, and specifically how the game always ended in shouting matches and damaged egos. [Law School Transparency]

* In other ping pong related news… [DealBreaker]

The Dewey debacle is unfolding in real time on this and other sites. People’s lives are being shattered as a firm gets shuttered. It is not the first, and certainly not the last, time that a major law firm with thousands of employees will disappear into so much ether. I look back on my OCI days, and can rattle off several former NYC firms that have either merged into unrecognizability, or disappeared like Dewey is in the process of doing.

Likewise, not far from where I now sit, is the shell of Eastman Kodak — a company that built a large part of this town, and will likely become a shameful case study in the annals of business school textbooks. And yesterday, news went out that my own company is beginning another round of VRIF severance offers.

Regardless of whether you are sitting comfortably in-house, collecting pay from Biglaw, or wondering how in Hell you’re going to find a summer job, news like that mentioned above is disquieting. The main reason is that there isn’t anything that can be done. One day you’re employed, and then, well, you may not be. And there is really no place for schadenfreude in a “there but for the grace of God” economy. Careers can be dissolved as quickly as Dewey.

So, when you are forced to enter an applicant pool of thousands of other attorneys looking for a break in a seemingly unsolvable code of hiring, what can you do to set yourself apart? One possible strategy that has become a hot button issue in the past days is to claim minority status on your application. The obvious dilemma that you face as applicant number two thousand twenty-eight is whether to check such status if your lineage may or may not support the claim….

double red triangle arrows Continue reading “House Rules: Claiming Minority Status for a Leg Up”

Last Wednesday, we reported on Baylor Law School’s inadvertent release of personal academic information for its entire admitted class — names, addresses, GPAs, LSAT scores, and scholarship offers. Last Friday, my colleague Elie Mystal used this data to argue in defense of affirmative action.

We believe in offering a wide range of perspectives here at Above the Law. That’s one thing that’s nice about having four full-time writer/editors — myself, Elie, Staci Zaretsky, Chris Danzig — and about a dozen outside columnists.

Today we bring you a different viewpoint on the Baylor law admissions data. Prominent lawyer and blogger Ted Frank, previously profiled in these pages for his work in the class-action area, uses the same data to argue against affirmative action.

Let’s hear what he has to say, shall we?

double red triangle arrows Continue reading “Another Perspective on the Baylor Law Admissions Data and Affirmative Action”

On Wednesday, we reported on Baylor Law School accidentally releasing personal academic information for its entire admitted class. It was a massive screw-up, and on Wednesday, we showed you the GPA and LSAT scores for Baylor’s admitted students (with the students’ names redacted, of course).

But there were other fields available in the accidentally released spreadsheet, including racial categorizations for each student and scholarship information. I didn’t include the race field earlier this week because, frankly, I didn’t want the entire news story (of the screw-up) to be overrun by a discussion about race and affirmative action.

But, look, I ain’t afraid of you people. Getting a complete racial breakdown of the class to go along with their grades and LSAT scores is a look inside the law school admissions process that we don’t often get to see.

So, let’s play our game. Looking at the Baylor numbers, you can see the affirmative action “bump” in LSAT scores, and to my eyes, it really shows how foolish the opponents of affirmative action really are….

double red triangle arrows Continue reading “The Baylor Law Data Dump, Now With Race and Scholarships”

There are data breaches, and then there are data dummies. The people at Baylor Law seem to be in the latter category.

Nobody was trying to steal the personal information of the admitted students at Baylor Law. But a screw-up by someone at the school resulted in all of the personal information of the admitted class getting transmitted to everybody else in the admitted class.

All of it. Names, addresses, grades, and LSAT scores. Pretty much everything besides social security numbers.

And, we have it….

double red triangle arrows Continue reading “Baylor Law Screw-Up Reveals Personal Data of Entire Admitted Class: Data That We’ve Got”

I called it, but it wasn’t a hard call to make.

Last year, the Fifth Circuit upheld the University of Texas’s affirmative action plan in Fisher v. University of Texas. But they did so in a petulant, childish manner, as if somebody was forcing them to eat their vegetables. At the time, I said they were openly begging for a right-wing Supreme Court to review and overturn their ruling.

It looks like the members of the Fifth Circuit are going to get their wish. The Supreme Court granted cert on Fisher, and now we get to have an affirmative action debate right in the middle of an election cycle where a black man is running for reelection.

I’m sure that last part is just coincidence though….

double red triangle arrows Continue reading “SCOTUS Grants Cert in Affirmative Action Case: ‘Cause It’s an Election Year and They Like Power’”

In Grammer Pole of the Weak, we typically tackle issues of English grammar and usage, as well as questions of style (in terms of legal writing, not fashion). Last week, we delved into the fun topic of em-dash spacing, and learned that our readers are essentially deadlocked on whether to use a space before and after an em dash. In the end, using spaces prevailed by a margin as narrow as Mitt Romney’s Iowa caucus victory.

Our latest grammar poll pertains to usage, but it has a political component to it as well. It touches on hot-button issues like affirmative action and racial preferences, about which our readers have passionate opinions.

The question, in a nutshell: What does it mean to be a “diverse” individual?

double red triangle arrows Continue reading “Grammer Pole of the Weak: The Meaning of ‘Diversity’”

Does George Will look like the protector of Black America to you?

People who think giving charity to those less fortunate also gives them the right to direct the personal choices of those receiving the charity are some of the worst people on the planet. The biggest offenders are religious organizations: “Ooh, here’s some food. Yes. You like food, don’t you? I bet you’re hungry — I can tell ’cause I can see your ribs. Well, it’s all you can eat in here… first, just say you accept Jesus Christ as your lord and savior. SAY IT. Wonderful. Bon appétit!”

Organizations do it all the time, but there are plenty of individuals who also think giving a guy a buck gives them the right to tell the recipient how to spend the money. This behavior is the worst because it takes what should be a generous gesture (giving somebody money) and turns it into a cheap way to make a BS point about your moral superiority (“If this man did just one thing more like me, he wouldn’t have to beg for my scraps.”).

If you want to help, help. But don’t use “helping” as an excuse to further some ridiculous personal agenda. You’ll just look like an idiot. You’ll just look like George Will prancing around the pages of the Washington Post trying to act like he is against affirmative action because he suddenly wants the Supreme Court to step up to the plate and “help” black people….

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Poor little white boy.

According to a new study by UCLA law professor Richard Sander, discussed in an article in the Denver University Law Review, “the vast majority of American law students come from relatively elite backgrounds; this is especially true at the most prestigious law schools, where only five percent of all students come from families whose SES [socioeconomic status] is in the bottom half of the national distribution.”

In other breaking news, studies show that the vast majority of people who get into water emerge wet.

It’s beyond obvious that American law schools favor the elite. Talent will take you far, but having a financially sound family will take you farther. Professor Sander — whose prior research on law school prestige generated lots of buzz last year — argues that schools should use socioeconomic factors as a partial substitute for racial preferences.

Well, that’s a false choice if I ever heard one. Why can’t we have both socioeconomic and race-based affirmative action? Look, you can accuse me of playing the “race card” if you want to, but I’m just trying to figure out a way to help white people get into law school….

double red triangle arrows Continue reading “Start Socioeconomic Affirmative Action Now”

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