Notice how this is a child? Don't act like a child.
True story: when I was a lawyer, sometimes I’d leave work and fantasize about jumping in front of a slow moving bus or cab and getting injured. Not enough to be in a life-threatening situation, just serious enough to be put in some ward of the hospital where my doctors wouldn’t allow me to do any more work. I knew just having a “note” from the doctor or being “sick” wasn’t enough. If you could see, you could review documents. So I needed an injury where somebody would prevent my employer from making me do any more work.
And an injury that was serious enough to allow me to quit would have kept my parents off my back. That’s the real business. If I had gotten, say, my left arm chopped off (I’m right handed), I figured I could credibly explain to my family that I had “a moment of clarity” and didn’t want to “waste my life in an office” anymore. Then I wouldn’t look like a “quitter” to my friends and family, and I’d look almost heroic for efforts to overcome my new disability. It would have worked!
I never did it, obviously. Eventually, I realized that quitting my job and dealing with the disappointment of my family and the unfounded perception that I “couldn’t cut it” from my friends was way more intelligent than cutting off my arm. And I think history has proven me right. For instance, I have two arms, which is awesome.
But I thought about it — you think about all kinds of crazy things when you feel overwhelmed with work. It seems like a Brazilian university student took her thoughts a step further. To avoid completing her dissertation, she faked getting kidnapped….
* Chief Justice John Roberts might “enjoy that he’s being criticized,” but that’s probably because he’ll get the chance to show his true conservative colors this fall when issues like affirmative action and same-sex marriage are before SCOTUS. [Reuters]
* Dewey know why this failed firm thinks a bankruptcy judge is going to allow it to hand out $700K in “morale” bonuses? You better believe that Judge Martin Glenn is going to tell D&L where it can (indicate). [Bankruptcy Beat / Wall Street Journal]
* It seems like attorneys at Freshfields may actually need to get some sleep, because it was the sole Magic Circle firm to report a decline in in revenue and profitability in its latest financial disclosure statements. [Financial Times (reg. req.)]
* Judge Kenneth Lester Jr. didn’t do George Zimmerman any favors when he set his bond at $1M. Watch how quickly the defense fund Zimmerman concealed from the court disappears as he struggles to post bail. [CNN]
* Whatever it takes (to count you as employed): 76% of law schools report that they’ve now changed their curriculum to include more practical skills courses in light of the dismal job market. [National Law Journal]
* Texas Christian University is expanding its graduate programs, but a law school isn’t necessarily in the works, because TCU is only interested in “programs that promote employability.” Well, sh*t, y’all. [TCU 360]
We mentioned this suit in passing back in November in Morning Docket. At first blush, this complaint looks like a slam dunk for the plaintiff. A 60-year-old continuing education student named Karen Royce sued her professor of “Human Sexuality” for giving her some intimate homework.
Professor Tom Kubistant allegedly told his students to masturbate “twice as often,” and required them to keep a sexual journal and discuss it with the class.
Usually, when your class starts sounding like the beginning of a Shannon Tweed movie, you can expect a successful lawsuit against you. But here’s the thing: Professor Kubistant required students to sign a waiver. And Royce signed it.
And all the other students arguably signed a waiver saying they’d listen to the sexual thoughts of a 60-year-old….
We’ve aimed for even-handedness in our coverage of Stephen M. McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings. We’ve written about the lurid allegations against him, and we’ve shared with you the reminiscences of a former roommate who found McDaniel a bit creepy. But we’ve also raised the possibility that some of the evidence against him might be fake, and we’ve even discussed whether perhaps McDaniel has been framed for the Giddings murder.
In our continuing quest to tell both sides of this story, today we bring you supportive words from a college classmate and friend of Stephen McDaniel. This individual believes that McDaniel is being treated unfairly in the court of public opinion — and he’d like to set the record straight….
Doesn’t truancy sound like a problem from a long time ago? Like getting shingles, you don’t really think of absenteeism as a problem that still really affects people. You know, rounding up truants sounds like a television cliché job for people like Cutty on the Wire.
I certainly didn’t think we still put people in jail for truancy. But apparently we do. At least, we do in Texas.
Even if the truant student has a really good excuse for missing school — like having a job — Texas will apparently still put people in jail for missing school….
The latest craze in the world of higher education seems to be suing your school if you don’t get exactly what you want handed to you on a silver platter. Let’s say you went to law school and you weren’t able to get a job that didn’t involve slinging Frappuccinos — or a job, at all, period. You should probably sue over the school’s allegedly misleading employment statistics. That seems like it might be an okay thing to do, because after all, it wasn’t really your fault.
Or, even better, you went to law school without finishing your undergraduate degree, and now you can’t take the bar exam. You should obviously sue the school for negligently allowing you to enroll. That was kind of your fault, but you’re going to sue anyway, because it’s easier to blame someone else than accept responsibility for your actions.
Or perhaps you’re an international student and you want to go to college and major in law, but you’re too slow to understand that 2 + 2 never equals 5. Whatever, you say — God doesn’t give with both hands, and it’s better to be hot. Alas, now you can’t get into the college program of your choice. You should definitely sue your high school for your own failures, because, really… why not?
'I'm ending my 1L year with a B-minus average. What's the point in going on?'
Lat here. Your Above the Law editors occasionally receive requests for advice from readers, to which we sometimes respond. Back in March, for example, Elie Mystal and I debated the merits of Harvard Law School versus Yale Law School, for the benefit of a prospective law student choosing between these two fine institutions. In case you’re wondering, he’s going to Yale.
(The future Yalie explained his decision this way: “I didn’t want to take the chance that even if I worked harder at HLS, I could still be ranked below enough outstanding students to not impress a professor, land a good clerkship, etc. I also got the impression that this risk-averse mentality was what drove many people who were on the fence between YLS and HLS to eventually choose YLS.”)
Choosing between Harvard and Yale is a high-class problem. Today we look at a situation that we’ve addressed before, in 2010 and 2011, and that continues to confront our readers. The question presented: If you do poorly in law school, should you cut your losses and drop out? Or should you keep on trucking and collect that J.D. degree?
We have two fact patterns. One involves a 1L, and one involves a 2L. Let’s hear them out, shall we?
Cheating is never okay, right? That’s one central lesson all students are supposed to learn in elementary school (to say nothing of law school). It’s important to be honest. If a student lies or cheats on a test or homework, there are consequences. There’s nothing up for debate here, right?
Well, at least one northern California lawyer thinks it was unjust that his son was booted from an honors English class for plagiarizing. It appears the lesson he hopes to teach his son is: cheating is bad, but it’s more important that schools have crystal-clear academic honesty policies. He is suing his son’s school district, arguing that his son’s punishment does not fit his crime.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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