Education / Schools

* Though she be but little, she is fierce! Under Mary Jo White’s guidance, the Securities and Exchange Committee is now cracking down on financial fraud with a vengeance. [DealBook / New York Times]

* When a Biglaw firm’s chairman skeptically says, “Uh, OK, I mean, maybe,” with regard to a future increased demand for legal work, you know things are bad. We’ll have more on this later today. [New Republic]

* With Detroit’s downfall, vultures are swooping in left and right to snag clients. Firms retained thus far include Weil Gosthal, Arent Fox, Kirkland & Ellis, Winston & Strawn, and Sidley Austin. [Reuters]

* “I’m not a 100% sure this is legal.” Two law professors have come up with a revolutionary way for law students to finance legal education that sounds like it just might work. [WSJ Law Blog (sub. req.)]

* Normally when Biglaw firms and legal departments go to court over contested litigation, something’s gone wrong, but this summer, they’re trying to do some good in the world. [National Law Journal]

* Soon, it’ll be known as Western Michigan University Thomas M. Cooley Law School, but even with a new name, you’re still going to be Cooley, and there’s no recovery from that. [Lansing State Journal]

* In Greenwich, Connecticut, the fact that people buy homes where they want their kids to go to school isn’t a “complicated concept.” The schools’ racial diversity, on the other hand, is. [New York Times]

I do not understand people who are too uneducated to know multiple languages who get pissed at people who don’t speak multiple languages perfectly.

I get it, this is ‘Murica. And most people here speak English. And if you go to receive a government service, it’s reasonable to expect that service to be provided in your native tongue. I’d be pissed off if I went to the DMV and all of the instructions were in Spanish or French or Chinese, but not English.

But if they’re in English… what do I care if they’re also in everything else? What do I care if everybody else is speaking a different language? If I can conduct my government business in my native tongue in my native country, what do I care if some Spanish-speaking AMERICAN CITIZEN can also conduct his business in HIS native tongue in HIS native country? Christ preaching in Aramaic, a good translation never hurt anybody.

Of course, I live in New York. I can spell Bhutanese. There’s a lawsuit today from a nursing school student who claims she was unfairly suspended from school after allegedly being racist to Spanish speakers in her school.

I’d say she’d lose, but we’re talking about Arizona, so who the hell knows…

double red triangle arrows Continue reading “Nursing Student Sues School After Complaining That Her Classmates Wouldn’t Stop Speaking Spanish”

Throwing a temper-tantrum in your office is better than throwing one in a parking lot.

I know, I know — when most of you think of “class,” you think of a small Long Island law firm that represents a small-town school district. So I’m sure it’s going to come as a shock to you that one of these Island lawyers engaged in a profanity-laced tirade after a school board meeting, in which he cursed out some parents in a parking lot.

This is Long Island we’re talking about, old sport. Respected Long Island attorneys don’t resort to such ribald language. If “Strong Island” isn’t careful, it’s going to be viewed as no better than the Jersey Shore.

Wait… I’m being told that we’re already there. Oh well, might as well take a look at this video of this lawyer calling somebody’s mom the C-word after a school board meeting….

double red triangle arrows Continue reading “Long Island Lawyer’s Profanity-Laced Tirade Caught On Video For Your Enjoyment”

Sheena Monnin

Ed. note: We hope that you had a great July 4th — and that you’re enjoying a four-day weekend. But if you’re at work today and looking for diversion, check us early and often — we will be posting today (although on a reduced publication schedule).

* Lawyer of the Day Long Weekend: Christopher Kirby, whose profanity-laced tirade at the mother of a special-education student during a school board meeting has gone viral. Stay classy, Chris. [New York Daily News]

* Speaking of classy, if you make Donald Trump look good, you’re doing it wrong. The $5 million arbitration award against former beauty queen Sheena Monnin just got upheld by Judge J. Paul Oetken (S.D.N.Y.). [New York Law Journal]

* Have you been injured in an accident? Call a New York State legislator, who might be earning a six-figure income by moonlighting at a personal-injury firm. [New York Times]

* Nationwide layoff watch: Dickstein dismisses seven partners in New York. [WestlawNext Practitioner Insights (sub. req.)]

* Who doesn’t love rule by lawyers? Adli Mansour, chief justice of the Supreme Constitutional Court of Egypt, takes over as the nation’s interim leader. [New York Times]

* If you’re feeling the heat in D.C. these days, lawyer turned ice cream entrepreneur Victoria Lai can help. [Washington Post]

Of course California has a school district that teaches yoga as a P.E. class. It’s just the right mix of health consciousness and non-competitive physical activity that aging hippies would want in their schools.

And, of course California also has parents who would file a lawsuit complaining that yoga is some sort of crypto-religious activity being foisted upon their kids in a gross violation of the separation of church and state.

Now a judge has weighed in on the parents’ lawsuit…

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Today, the Supreme Court surprisingly ruled 7-1 to vacate the Fifth Circuit in Fisher v. Texas. The opinion was a great big dodge. Anthony Kennedy, writing for the majority, said that the lower court failed to apply “strict scrutiny” to the University of Texas’s admissions policies. Cutting through the legalese, that means the Supreme Court actually upheld the case of Grutter v. Bollinger, which is the controlling case allowing affirmative action in college admissions. While conservative justices indicated that they would have overturned Grutter had they been asked, the majority found that they had not been asked.

If that all sounds like a bunch of legal mumbo jumbo to you that avoids the heart of the issue, you are not a lawyer. You are right, but you aren’t a lawyer.

This is no “victory” for affirmative action. There are still a majority of Supreme Court justices that want, almost desperately, to end racial preferences in college admissions. What the Court did today was threaten colleges and universities that want to use racial preferences to come up with really good justifications for their affirmative action policies. Schools that aren’t really committed to diversity, or that go about achieving diversity in a stupid way, will surely have their programs ruled unconstitutional in the future.

This is, I think, the end of affirmative action as a tool for “racial equality.” But affirmative action as a tool to promote “racial diversity” is alive and well.

Which, all things considered, is just fine by me. I think the Court signaled that it is just no longer buying the old reasons for affirmative action. While the rabid conservatives don’t seem to be wiling to consider any, it looks like moderates like Kennedy may listen to new justifications for using race as a factor in admissions, but you are going to have to convince him….

double red triangle arrows Continue reading “Affirmative Action Is Dead In The Water; Diversity Is The 21st Century Fight”

Finally. The Supreme Court has issued its long-awaited ruling in Fisher v. University of Texas, the closely watched affirmative action case.

And the result might surprise you. Justice Anthony M. Kennedy wrote for the Court, which should shock no one. But here’s a surprise: the vote breakdown was 7-1 (with Justice Kagan recused).

How did Justice Kennedy garner seven votes for a ruling on one of the most controversial issues of our time?

double red triangle arrows Continue reading “The Supreme Court Surprises in Fisher v. University of Texas”

* Today is most likely going to be a banner decision day for the Supreme Court, so in wild anticipation, SCOTUS expert Nina Totenberg was on call to answer some need-to-know questions for the people about the innermost workings of the Court. [NPR]

* One of the opinions we hope will drop at the Supreme Court today is that of the Fisher v. Texas affirmative action case. If you want some hints on how the three justices who attended Princeton (not counting Kagan) might rule, check this out. [Daily Princetonian]

* Justice Samuel Alito is out in Texas where he threw the first pitch — “a bit wide of the plate” — in last night’s Rangers game. Will SCOTUS unleash anything important in his absence? [Washington Post]

* Meanwhile, while we eagerly await decisions in the gay marriage cases next week, consider for a moment the possibility that this is all just but a gigantic train wreck waiting to happen. [New Republic]

* Things are heating up in North Dakota where the battle over abortion regulations continues to rage on. What a shame, especially since we supposedly took care of this stuff in the early 70s. [ABC News]

* “If this is what these women signed up for, who is anybody to tell them differently?” Two pimps were acquitted of sex trafficking after prostitutes testified on their behalf. [Thomson Reuters News & Insight]

Amanda Bynes

* Let’s get ready to rumble! Some of the Supreme Court’s most controversial opinions yet are expected to be rolled out in the coming weeks — and maybe even today. Stay tuned for news. [CNN]

* Let’s see what happens when Obama nominates three judges at once to the D.C. Circuit. How many of them will be confirmed as quickly as Sri Srinivasan? Probably not many. [New York Times]

* White House counsel and leading litigatrix Kathryn Ruemmler is best known for her fabulous shoes, but this week, she’s taking some flak for her involvement in the IRS scandal. [New York Times]

* “I don’t know whether the Lord Himself could get confirmed at this point.” It looks like poor Attorney General Eric Holder doesn’t have very many people left to turn to thanks to executive and congressional inaction. [Bloomberg]

* When it comes to recent diversity efforts in Biglaw there’s an ebb, but not really a flow, and it’s all being blamed on the recession. Also, “diversity fatigue” is apparently a thing now. [New York Times]

* The $200 million gender discrimination suit filed against Greenberg Traurig over the firm’s alleged “old boys club” has been settled for an undisclosed amount. You go girl! [Thomson Reuters News & Insight]

* According to Judge Murray Snow, Arizona’s most beloved sheriff, Joe Arpaio, has been violating the constitutional rights of all of the Latinos whom he supposedly “hadn’t” been racially profiling. [Reuters]

* My, how things change: David Blankenhorn, a man who once testified as an expert witness in support of Proposition 8 at trial, has come forward to condemn anti-marriage equality laws. [Los Angeles Times]

* Stewart Schwab, the dean of Cornell Law School, will step down in June 2014. Perhaps the next dean will crack down on the number of cam girls pleasuring themselves in the law library. [Cornell Chronicle]

* Law schools tend to be “bastions of liberalism,” which makes it hard for students to find intellectual diversity. It’s a good thing we’ve got the Federalist Society to balance things out. [Washington Times]

* People who think Washington needs another law school propose one for students “who can’t afford to … go into debt … to get their legal degree.” This won’t sit well with the legal academy. [News Tribune]

* With Lindsay Lohan stuck in rehab, Amanda Bynes decided it was her turn to go wild. The retired actress says she’s suing the NYPD for unlawful arrest and sexual harassment. [New York Daily News]

* Alton Lemon, the Supreme Court plaintiff behind the eponymous Lemon test, RIP. [New York Times]

* Congratulations to Sri Srinivasan on his unanimous confirmation to the D.C. Circuit. Fun Fact: Sri Srinivasan played high school basketball on the same team as Danny Manning. No joke there, it’s just a random fun fact I know about him. [USA Today]

* Should health care cover sex for people with disabilities? Sure, but spring for the Cadillac plan so you don’t get stuck with Helen Hunt. [PrawfsBlawg]

* The federal government has almost $5 billion invested in law schools. That’s around 4.4% of the total federal investment in higher education. So screw you future microbiologist, we need moar lawyerz! [Law School Cafe]

* Skadden covertly recruited its lawyers and staff best versed in Star Wars to sort through the intellectual property rights to 209 characters to make sure Disney successfully acquired the proper rights for every core character. If they had any decency they’d just let Jar Jar go. [Hollywood Reporter via ABA Journal]

* Law school to reconsider applicant it dinged the first time around. As Paul Caron notes, “Money quote from Dean: ‘we wanted to make sure that we weren’t taking advantage of them.’” How magnanimous of you to reconsider taking their money. [Tax Prof Blog]

* Judges manipulated the system to promote a vendor they personally operated on the State’s time. That’s one way to pad that judicial salary. [Washington Times]

* Kirkland and Ellis associate Roy Cho is mulling a run for Congress in New Jersey. It’s not official yet, but he has set up a campaign-ready Twitter account, and in politics that’s like changing to “In a Relationship” on Facebook. [NJ Herald]

* Zachary Cohn, age 6, drowned after becoming entrapped in the drain of his family’s swimming pool. The Connecticut Superior Court recently finalized a combined settlement of $40 million to Zac’s estate. Now his parents have taken all of the net proceeds from the case to establish The ZAC Foundation to tackle the nationwide issue of pool suction entrapment in private and public pools and to improve overall water safety. [Daily Business Review]

* The gender and age discrimination suit between Pat Martone and Ropes & Gray settled. [Thompson Reuters News & Insight]

* The Times Publishing House is suing a 22-year-old law student for defamation. A newspaper suing a new media reporter with the very laws that land them constantly in court? *Cuts off nose to spite face* [Spicy IP India]

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