Boalt Hall

Non-Sequiturs: 10.24.11

* The TSA must be stopped. They’re now leaving creepy notes when they spy personal items in your luggage. [Not So Private Parts / Forbes]

* Law students, trust me, there’s nothing on your Facebook page that three more points on the LSAT won’t fix. [WSJ Law Blog]

* Berkeley Law 1Ls are playing an awesome game of assassin. Man, I miss college. I mean law school. [Nuts & Boalts]

* Would there even be medical malpractice if libertarians ruled the world? [Overlawyered]

* The Casey Anthony jurors are probably dying for a closeup. [Huffington Post]

* The future of Law and Economics. [Truth on the Market]

Say hello to Justice Liu.

Congratulations to Goodwin Liu — until today Professor Liu, but after today, Justice Liu.

In July, California Governor Jerry Brown nominated the 40-year-old Liu, a law professor at Boalt Hall, to serve on the California Supreme Court. The nomination was subject to the approval of a three-member state commission.

What did the commission have to say about the Liu nomination?

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We recently imagined a scenario in which Professor Goodwin Liu, the controversial Boalt Hall law prof whose Ninth Circuit nomination was successfully filibustered, became Justice Goodwin Liu. It now looks like this might happen earlier than we had expected.

But he would be a justice on a non-SCOTUS court (for now). California Governor Jerry Brown just nominated Professor Liu, 40, to serve on the California Supreme Court.

How might Goodwin Liu’s nomination be received by the people of California? He’s smart, he’s liberal — er, progressive — but there’s one potential rub….

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Today there’s good news and bad news coming out of Boalt Hall (aka Berkeley Law aka WGWAG School of Law).

Let’s start with the bad news. The bad news is that the Regents, who run the show for the University of California (UC) system, approved an increase in system-wide student fees for the coming year. It’s for a shade over $1,000 — $1,068, to be precise.

The good news: Berkeley Law, at the behest of Dean Christopher Edley Jr., is effectively reversing the fee hike for its students. Boalt Hall is issuing an immediate “scholarship” to each student, in the exact amount of the fee increase.

Let’s take a look at Dean Edley’s email — which explains the situation, and has a cute and clever closing — and explore what might be motivating the administration….

UPDATE (7/22/11): Also note the update at the end of this post regarding UCLA School of Law. (We have added the memo from Dean Rachel Moran.)

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Welcome Texas!

As you are all know, the University of Texas School of Law has moved into the “top 14″ in this year’s U.S. News law school rankings. It’s a bit of cheat for U.S. News: Texas is technically tied for 14th, which means that the magazine has actually managed to cram 15 schools into its top 14. I’d complain more, but I’m a fan of a Big (We Can’t Count To) Ten school.

While we all know that Texas is in the top 14, very few of you remember the significance of the top 14 in the first place. The top 14 isn’t as arbitrary as it sounds. Since U.S. News started publishing these law school rankings, no school that ranked in the inaugural top 14 has ever been ranked outside of the top 14, and no school that did not rank in the top 14 that first year has ever cracked that list. Until now.

The top 14 has been a way to distinguish elite institutions that are nearly interchangeable with one another from really good law schools that are just a cut below. When viewed that way, Texas’s inclusion was probably long overdue.

Let’s take a look at some of the other movement in this rarefied group of law schools….

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The Golden Gate Bridge, as seen from my hotel room last weekend. (I just got back from the AALS conference in San Francisco.)


Here in New York, home to Above the Law and Breaking Media, we’re gearing up for more epic snow. Those of you lucky enough to live in the Golden State might have to deal with earthquakes, mudslides, and obnoxious celebrities, but at least you don’t have to deal with blizzards.

Falling snow? Not in sunny California. Falling bar exam passage rates? Yes — at least for 2010.

A few days ago, the State Bar of California released overall statistics for the July 2010 administration of the (notoriously difficult) California bar exam. The overall bar pass rates went down by a little — but at some schools, the pass rates went down by a lot.

Which law schools’ pass rates tumbled, and by how much?

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Let’s continue our march through the U.S. News law school rankings. Today we finish up the traditional top-14 — and we’ll throw in the schools tied for 15th, because we’re pretty sick of hearing UT and UCLA students whine. To refresh your memory, here’s the next group of schools:

6. NYU
7. Berkeley
7. Penn
9. Michigan
10. UVA
11. Duke
11. Northwestern
13. Cornell
14. Georgetown
15. UCLA
15. Texas

All joking aside, dropping to #6 is really not that big of a deal. NYU Law students will be fine — check out how the kicked it on the basketball court just after the rankings came out…

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Televise this chief justice and this president on stage at the Kennedy Center for three hours talking about the role of government and the future of our polity. This historic clash of intellectual titans would be the most powerful civics lesson since the Federalist Papers, and we could sure use it.

– Berkeley Law Dean Christopher Edley, proposing an Obama v. Roberts smackdown.

Flyer via Nuts & Boalts

UC-Berkeley once again topped Michigan in the (leaked so still unofficial) U.S. News law school rankings. Boalt Hall also dominated the Wolverines this month when it comes to secret society activity.

Whereas, members of Michigan’s “Barrister’s Society” threw their dirty laundry o’er the rooftops, resulting in campus-wide derision, recent activities by Berkeley’s “Gun Club” have left their fellow students appropriately mystified and intrigued.

A Boaltie tells us:

Last week, flyers featuring John Yoo’s face, with the phrase “I’m sorry, for everything” were posted around Boalt Hall.

Everyone assumed it was just the usual torture-memo protesters who flock to Berkeley, in the hope that it’s still the Bezerkeley of the 1960s, only to find a bunch of JD and MBA students hurrying by, scowling at their unshowered ways.

On Tuesday morning, the flyer reappeared in the student center, attached to the King of Beers….

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John Yoo unimpressed

caution crazy people.jpgAttorneys and law students across the country have been on the receiving end of emails from a rabid activist named Leslie Brodie this month. Brodie is waging a crusade to “end racism/sexism in U.S. law firms” by starting a petition.
In a mass email about the petition, she directed her attack specifically at one firm, the small San Francisco-based Kerr & Wagstaffe. Brodie mentions founding partner James Wagstaffe, who is also an adjunct professor at UC Hastings Law, and points out “that out of 10 lawyers, all but one are white; out of seven partners, all but one are males; and all the associates are young and attractive white females.”
Virginia attorney Ken Lammers of Crim Law Blog was one of the many to receive the email. He checked out Kerr & Wagstaffe’s website and offered a measured and convincing defense of the firm, in part arguing that the female attorneys aren’t actually that hot. He also discovered the reason for Brodie’s attack on Wagstaffe:

As I write this, the petition has 13 whole “signatures”, 4 of which call out the author and 1 of which is the author threatening a disagreeing signatory with sanction by the law school. It’s the exchange between these two which clarified what’s actually going on here. I had thought that this was a non-hire who was striking back at the firm, but apparently it’s even more petty than that. This is about a bad grade which the author got from James Wagstaffe in a CivPro class. A BAD GRADE. A law firm, which by all appearances is filled with bright, capable people, is dragged through the mud over a grade. YOU’VE GOT TO BE KIDDING ME!

A Berkeley law student responded to the mass email by requesting removal from the mailing list, citing the CAN-SPAM Act — a perfectly reasonable request. But when you’re dealing with unhinged, anti-racist spammers, reason doesn’t often serve you well…

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