The ABA is out with a new report that suggests the recession has negatively impacted diversity in the legal profession. The report also confirms reports we’ve heard about layoffs disproportionately affecting minority attorneys: The ABA Journal summarizes the findings:

“While law firms have increasingly come to recognize that diverse corporate clients and international markets often require lawyer diversity, the recession is drying up monies for diversity initiatives and creating downsizing and cutbacks that may disproportionately and negatively affect lawyer diversity—thereby undoing the gains of past decades,” states the report produced for the ABA Presidential Initiative Commission on Diversity.

The report, titled Diversity in the Legal Profession: The Next Steps (PDF), also urges law schools to take financial considerations into account in seeking greater diversity in admissions since diverse populations often are most affected by rising tuition costs and heavy debt loads.

That’s right, the ABA has some suggested solutions to this problem and — quite rightly — it starts with law schools.

Details from the report after the jump.

Earlier this week, at the PLI Law Firm Leadership and Management Institute — which was excellent, by the way (and not just because we presented there) — Dean David Van Zandt, of Northwestern University School of Law, offered some reflections on the future of legal education. (We used one of his comments as a recent quote of the day.)

Dean Van Zandt’s presentation was thoughtful and thought-provoking. He analyzed a number of recent reforms made by leading law schools. He also explained the changes that Northwestern Law School has made to its academic program.

One of his most interesting tidbits was the starting salary that would constitute a “break-even point” for going to law school. In other words, what salary would you have to earn upon graduation in order to make going to law school an economically rational decision?

Ed. Note: We apologize for our technical difficulties. The commenting function should now be working again.

It’s official. Southern New England School of Law will be converted into the first Massachusetts public law school by the University of Massachusetts. The Boston Globe reports:

The Board of Higher Education today approved the creation of Massachusetts’ first public law school, a historic vote that opens the doors for the initial class of students to enroll in the fall. Under the controversial plan, vehemently opposed by three private law schools, UMass-Dartmouth will acquire the private Southern New England School of Law, which is donating its campus and assets to the state.

Of course the plan wasn’t just opposed by private law schools. It was also opposed by a number of people who actually care about whether or not graduates from UMass Legal will be able to spin off their legal education into an actual practice.

But, it sounds better to say that only “private” interests were arrayed in an anti-competitive attempt to block the new school. Never let facts get in the way of a good story.

More spin after the jump.

In the United States of America, no one should go broke because they chose to go to college.

— Barack Obama

A neighborhood association in Berkeley has filed a class action suit against the University of California - Berkeley’s many fraternities, accusing them of being, well, total frat boys. This lawsuit got wasted in the Californian press last week, but we’re funneling it for the first time today thanks to Courthouse News Service.

As one would expect, the complaint alleges that the frat studs are guilty of public and private nuisances. As one might not expect, the legal theory in the suit “has its roots in cities’ injunctions against criminal street gangs,” per The Recorder.

Phi Beta Kappa appears to be the only Greek society left off of the defendants’ list in the complaint [PDF]. The “South of Campus Neighborhood Association” and Paul Ghysels accuse them of public drunkenness, facilitation and encouragement of underage drinking, harassment of passers-by, “excessive noise, particularly between the hours of 11 pm and 7 am,” noxious smells and fumes, public urination, “hosting large social gatherings,” and “shooting projectiles, which have hit neighbors,” among other awesome offenses.

Oh, college.

So who do California college fraternity members call when they need help to protect their hard-partying ways? A lawyer in Texas, of course.

How do you say schadenfreude in Mandarin? Babel Fish won’t tell me. In fact, Babel Fish doesn’t even have an option to translate German into Mandarin or Cantonese. (I think that’s BS — I’m sure you can get a good schnitzel in Beijing — but that’s beside the point.)

Anyway, back to China. The ABA Journal reports:

A new study supports the tales of woe told by recent law graduates in China.

It is more difficult to find a job in law than any other profession studied, the China Daily reports. The story cites a June 2009 study by China’s Academy of Social Science and the Mycos Institute, a consulting company.

Mmm … terracotta law students.

I wonder how much (if any) private debt Chinese law schools saddle their students with?

Additional details after the jump.

This story actually broke last week, but I wanted to make sure you guys saw it. The Daily News reports:

A Queens softball player is suing the city, claiming she busted her ankle because her high school coach never taught her how to slide.

Alina Cerda, 15, says she’s been sidelined for seven months and wants the city Education Department and Francis Lewis High School coach Bryan Brown to pay.

Cerda busted her leg during — wait for it — a sliding drill.

I feel bad about making fun of a fifteen-year-old girl. Don’t worry, I am going to make fun of her — I just want you guys to know I feel bad about what’s about to happen.

Retired Supreme Court Justice Sandra Day O’Connor is not really retired yet. “I am more busy in retirement than before,” she told Above the Law in a recent interview. One of her myriad projects is Our Courts, a non-profit organization that develops Web-based games to teach seventh- and eighth-graders about government. We spoke with Justice O’Connor recently for our piece for the Washington Post reviewing the games.

We had hoped to actually play the games with her, but it turns out she’s not much of a gamer. Not being the computer type, she hasn’t actually played the Web-based games herself. “I watched young people play it. They have a lot of fun. They’re actively engaged. I think it’s very exciting,” she told us.

Justice O’Connor has been touring the country to promote the games. She even stopped in to chat with Jon Stewart on the Daily Show. We got to catch up with her via conference call last month. We rung her up at One First Street — like some retired Biglaw partners, retired SCOTUS justices get to keep an office. After her secretary connected us, Justice O’Connor answered the phone: “Sandra Day O’Connor.”

We discovered that O’Connor is adamant about bringing an end to the election of judges in America. Read more from our interview, after the jump.

In these difficult times for the legal profession, it’s more important than ever to know all your options. So we resume our series on career alternatives for attorneys — jobs for J.D. holders that don’t involve working as a Biglaw associate or contract attorney.

In a prior post, we discussed the career alternative of entrepreneurship. If you’re tired of working for a boss, then become the boss: start your own company.

Today we focus on two lawyers who, interestingly enough, have started their own businesses in the same area: admissions consulting and academic coaching. Perhaps this is the start of a hot new trend? Cf. the cupcake craze sweeping the nation, which another lawyer is capitalizing on.

Adam Nguyen, formerly of Paul Weiss and Shearman & Sterling, is the president and CEO of Ivy Link. Jon Palmer, formerly of Schulte Roth & Zabel, is the president and founder of The Admissions Experts.

Both businesses are headquartered in New York — which makes sense, given how obsessive Manhattan parents can be about getting their offspring into elite educational institutions. NYC ≠ TTT!!!

Read more about these gents and their new enterprises, after the jump.

Last year, we wrote about retired Supreme Court Justice Sandra Day O’Connor entering a new field: video game development. She’s spearheading a project called Our Courts, which seeks to improve civic education in middle schools. The Our Courts website officially launched in January of this year.

The first two games, “Supreme Decision” and “Do I Have A Right?”, went live this summer. The Washington Post contacted us and asked us to review them. We played Nintendo, Oregon Trail, and Carmen Sandiego growing up, and we spent a recent Friday night at Elie’s playing Rock Band, so we were willing to give the Our Courts game a go.

Check out our review of the games, along with additional reflections on civic education and public access to the courts, in this Washington Post piece: Educational? You Be the Judge.

While Lat was in D.C., he swung by the Washington Post’s offices to talk about the games. Check out his star turn in the video after the jump.

Does your alma mater contribute to the social good? Or is it just another soul-sucking institution, hell-bent on training young people to do evil things like “make money” or become lawyers?

Well, Washington Monthly has released its annual rankings of colleges and universities. But the magazine ranks the schools by their “contributions to society.” Here is the magazine’s methodology, from Tax Prof Blog:

Community Service (33.3%)

* % of Alumni in Peace Corps
* % of Students in Army/Navy ROTC
* % of Work-Study Grants Spent on Community Service Projects

Research (33.3%)

* Research Expenditures
* % of Students Earning Ph.Ds
* Number of Science & Engineering Ph.Ds Awarded
* % of Faculty Receiving Prestigious Awards
* % of Faculty in National Academies

Social Mobility (33.3%)

* % of Students Receiving Pell Grants
* Actual Graduation Rate v. Predicted Graduation Rate

Oh dear. Where to begin? First off, the community service metric is FUBAR. The army counts; but students who become, say, firefighters, are left out? Meanwhile, surely not all research expenditures contribute to society. And if all research does, then schools should get credit for graduates who go on to work for Merck.

It would physically hurt my brain to break down the myriad problems with their “social mobility” metric.

But … whatever, their bleeding hearts are in the right place. Check out the top ten and the bottom ten universities, after the jump.

This past weekend we spent some time in Charlotte, North Carolina, where the houses are big (compared to Manhattan apartments), the downtown is small, and lawyers make time for inspirational lunches with school children. Or so we read in the Charlotte Observer:

It’s not every day that an eighth-grader gets to sit down to lunch with a lawyer, but it happens once a month for nearly 80 Charlotte-Mecklenburg Schools students.

CMS’ “Lunch with a Lawyer” program helps middle schoolers who are interested in law careers learn more about the profession by getting to know a lawyer.

The article offers a refreshing take on why people become lawyers. See your profession through the eyes of 12-year-olds, after the jump.

Oh, how times have changed. Back in May 2008, Massachusetts was contemplating an excise tax on university endowments. This proposed tax law change would have imposed a 2.5% annual assessment on Massachusetts colleges with endowments over $1 billion. (Cough cough, Harvard.)

Alas, Harvard doesn’t need any help from the government when it comes to dissipating its endowment. For the fiscal year ended in June, it’s looking at a decline in its endowment of about 30 percent.

The university — home to the legendary Harvard Law School, arguably the nation’s finest law school — isn’t taking these losses sitting down. Instead, it’s bringing in new talent to help manage its money.

Read more, and discuss, over at Dealbreaker.

He Was Wearing My Harvard Tie. Can You Believe It? [Dealbreaker]

Maybe the student loan bailout movement just received its first martyr. While people in the industry have long known that student loans cannot easily be discharged through bankruptcy, maybe a high profile case will clue the general public in on this needlessly unfair burden for those who seek post-graduate degrees.

Mark Jesperson had $350,000 in student loan debt and filed for bankruptcy. Lower courts ruled in favor of Jesperson, but then his case reached the 8th Circuit. The Minneapolis Star-Tribune reports:

The Eighth U.S. Circuit Court of Appeals has ruled that the 45-year-old Grand Marais man cannot escape more than $350,000 of student debt he piled up over more than a decade.

Jesperson had hoped to discharge the debt in bankruptcy and won the first couple rounds in court. But last week a three-judge panel reversed the lower courts’ decision and said he must pay the money back.

Evidently, little league baseball players have more common sense than our federal courts. Those kids understand the concept of a “mercy rule.”

But regular readers of Above the Law know that this decision is not at all unusual. In our society, it is easier to discharge a gaggle of zombies than it is to get out from under student loans.

While the dollar amount involved is unusual, experts say the latest ruling is not. It’s extremely difficult to get rid of student loan debt, even through bankruptcy.

Jesperson’s story is particularly sad. More details after the jump.

The New York Times has a fascinating story about Robert Bowman. Bowman took the bar exam four times and racked up $400,000 in student debt on his quest towards becoming an attorney, only to be denied admittance to the bar based on character and fitness. He sounds like a cross between Don Quixote and Jimmy Berluti.

He put himself through community college, worked and borrowed heavily to help pay for college, graduate school and even law school. He took the New York bar examination not once, not twice, not three times, but four, passing it last year. Finally, he seemed to be on his way.

In January, the committee of New York lawyers that reviews applications for admission to the bar interviewed Mr. Bowman, studied his history and the debt he had amassed, and called his persistence remarkable. It recommended his approval.

But a group of five state appellate judges decided this spring that his student loans were too big and his efforts to repay them too meager for him to be a lawyer.

The thing is, the appellate panel didn’t really explain why Bowman’s debt load made him unfit to be a lawyer:

“Applicant has not made any substantial payments on the loans,” the judges wrote in a terse decision and an unusual rejection of the committee’s recommendation. “Applicant has not presently established the character and general fitness requisite for an attorney and counselor-at-law.”

Mr. Bowman, 47, appears to have crossed some unspoken line with his $400,000 in student debt and penalties, accumulated over many years.

Is $400,000 simply too much debt for a lawyer to carry? More details after the jump.

A new federal program promises student loan forgiveness for people who qualify after they’ve dutifully paid their debts for ten years. The program will also cap monthly loan payments depending on income. The act, passed in 2007, is set to become effective on July 1st. The National Law Journal reports the awesome news:

Some members of the class of 2009 will have less to complain about, however. A new federal program intended to help borrowers manage their student debt goes into effect on July 1. The legislation — called the College Cost Reduction & Access Act — will cap monthly loan payments according to income and forgive student debt balances after designated periods of time. For attorneys, the main beneficiaries will be those who go on to have long-term public interest careers. But the program will also make loan payments more affordable for all attorneys with high debt loads and relatively low incomes.

“There are a lot of things that are making it tough for new graduates, with the tight job market and the deferrals,” said Heather Jarvis, a senior program manager at Equal Justice Works, an organization that encourages attorneys to undertake public interest law careers. “But there has never been a better time to graduate, as far as student loans.”

Essentially this is the best piece of news for the class of 2009 since they got into law school in the first place. The government will forgive outstanding loans after ten years of payments for people who work in public interest and other qualifying organizations.

Obviously this program is geared towards students who take public interest jobs. Biglaw lawyers are still on their own with their debts:

This option wouldn’t make sense for graduates who take jobs at large firms paying upwards of $100,000, Jarvis said, but it might be right for the sizable segment of law school graduates who don’t earn that kind of money.

“The reality is that most law graduates don’t take those jobs and earn those salaries,” she said. “A lot of people make $60,000 or $70,000 a year. At these salaries, they would qualify for the income-based repayment plan. Debt loads are getting so high that it’s typical for someone to graduate from law school with $100,000 or more in debt. If you were going to stretch out paying your debt anyway, [income-based repayment] is a good option to consider.”

Right now, it appears that many students who can qualify for the program don’t even know it exists. More details after the jump.

The state of Minnesota is providing more evidence that law schools are completely out of whack with the current market realities. The state is doing what it can to keep undergraduate tuition low, at the expense of law students who will be drowning in so much debt they’ll need to grow gills.

The Minneapolis Star-Tribune reports the most recent tuition proposal coming out of Minnesota:

Undergraduates catch a break in the next University of Minnesota budget that would keep their tuition increases low despite a cut in state funding.

Graduate and professional students won’t have the same luck.

The students who make up about 40 percent of the student body are the hidden victims of a bad-news budget that the Board of Regents is expected to vote on Wednesday.

By “graduate and professional students” the paper really means to say law students. The proposed tuition hike is larger for future (unemployed) lawyers than other graduate students:

While in-state undergraduate students will face 3.1 percent tuition hikes, most grad students could see a 7.5 percent increase in their bills this year. First-year medical students’ in-state rate may rise 5.2 percent, to $32,328. Newbie Minnesotan law students could pay 15.3 percent more than their counterparts did last year.

Are Minnesota state officials even nominally aware of what is going on in the legal market in their own state? Could somebody point the Board of Regents to www.abovethelaw.com after the jump?

On Monday, we warned you that student loan forgiveness programs were under attack. Today, the University of North Carolina School of Law informed students that the school could not afford to make the promised loan repayments to students in low income jobs. Here’s the email from UNC Law Dean Jack Boger:

We are writing to share news about a regrettable delay in our implementation of the new LRAP program at UNC School of Law. Unfortunately, because of the grave economic downturn that has hit the North Carolina state budget, we will not be able to go forward this spring with Loan Repayment Assistance Program funding. As you may know, various statewide freezes and other severe restrictions have been imposed this spring on all state funds, including the UNC law school account that was designated for LRAP purposes. Moreover, the state has made clear that it intends to ‘recapture’ those funds to meet its larger budgetary needs sometime before June 30, the end of this fiscal year. This will leave us without the financial means to make LRAP awards.

While we share your disappointment with this turn of events, we remain committed to the LRAP program - and will keep your application on file. We hope to be able to relaunch this program sometime during the 2009-10 fiscal year.

Thank you for your patience, and for your help in the development of this program. We also thank you for your continued support of Carolina Law.

Sincerely yours,

Jack Boger, Dean, UNC School of Law

UNC Law seems to be developing a pattern of raising people’s hopes, and then dashing them.

A student affected by this decision shares an interesting viewpoint after the jump.

While the vanguard of the student loan bailout movement pushes on (vanguard = me and this guy), the bailout army is in danger of being outflanked. The New York Times has been reporting that student loan forgiveness programs may not be on solid ground, especially at the state level:

If you want to become a public defender, Georgetown University can be a great place to get your legal education. So Heather Gatnarek expects to take on well over $100,000 of debt to get her law degree there and hopes to graduate in three years.

Here’s the problem, though. She’s relying on a new federal program that forgives part of the student loan debt for graduates who enter public service fields. And she was scared out of her mind when she read a New York Times article on Wednesday on problems in Kentucky, where significant cuts in one of its loan forgiveness programs have put thousands of indebted public school teachers and nurses in a painful financial squeeze.

This must be how Roman generals felt when Hannibal was teaching them about double envelopment.

In fairness, we all know 1Ls who come in with humble dreams of working for the public good. Usually, money talks while commitment to public service walks. But given the retrenchment of the Biglaw market, absent strong loan forgiveness programs, many students will be looking at some tough options:

“I would be completely up a creek” without a loan forgiveness program, Ms. Gatnarek said. “I don’t know what I would do. Marry someone rich, I guess. People say that I could just do corporate law for a few years, but I wouldn’t last two days.”

Is this just a problem in a few states? After the jump, the NYT tries to find out.

Two weeks ago, we reported on Syracuse College of Law changing its exam guidelines in an attempt to thwart cheaters. Fordham Law School also had some academic dishonesty issues. Fortunately, this new cheating phenomenon is not limited to New York State. The National Law Journal reports:

When a Florida Coastal School of Law student last year spotted notecards poking out of a fellow test-taker’s pocket during finals, she kept her head down and focused on the exam in front of her. “I’ve never been one to rat people out,” said the student, who requested anonymity to speak candidly.

Her classmate was returning from a bathroom break during a final exam, and it was pretty clear to her that cheating was afoot. Like thousands of law students each year, the Florida Coastal student and her classmates had signed an honor code on their first day of school. Law schools rely on honor codes to keep students from cheating. The codes reflect the self-policing nature of law school academic integrity regimes, and they appeal to students’ sense of fair play to keep them in line.

Cheating at Florida Coastal? Noooooooo!

What is your friendly, neighborhood American Bar Association doing about the scourge of cheating at accredited law schools? We explore after the jump.