Law Professors

The LSAT’s fate come August?

* NO, NO, NO, NOTORIOUS! Previously unpublished documents from the Clinton White House have been released, and it looks like Justice Ruth Bader Ginsburg was criticized for her “laconic” nature. Not cool, Bill. [Legal Times]

* Document review jobs aren’t going anywhere, folks. Exhibit A: Winston & Strawn’s e-discovery practice is bringing in the big bucks, earning the firm more than $20 million in revenue last year. [Capital Business / Washington Post]

* More lawyers are being treated for substance abuse for drugs and alcohol than ever before. In fact, a founding partner of Farella Braun + Martel, one of California’s largest firms, was once a “functioning alcoholic.” [Am Law Daily]

* A Florida jury apparently set on “sending a message” to tobacco companies awarded $23.6 billion in punitive damages to a chain smoker’s widow against RJ Reynolds. That was a costly message. [Reuters]

* June 2014 marked the fewest people who sat for the LSAT in 14 years, but it may get even lower if a new ABA proposal which would allow the test to be waived for 10% of students passes. [Central Florida Future]

* Dan Markel, FSU Law prof, criminal law theorist, and PrawfsBlawg founder, RIP. [Tallahassee Democrat]

* Seattle City Attorney Pete Holmes took advantage of Washington state law and purchased himself some legal pot yesterday, making him the highest-profile lawyer in the country. [Seattle Post-Intelligencer]

* DC Comics blocked plans to build a memorial to a murdered 5-year-old Superman fan dressed in costume. Realizing that this was awful and stupid, they’ve reversed themselves. [Gawker]

* New York Justice Roger Barto said he was attacked and beaten with a toilet seat. The police disagree. [WHAM]

* Laurence Tribe recounting his experiences with a young Barack Obama. [Fiscal Times]

* Remember when Justice Scalia screwed up that decision and quietly edited it hoping we wouldn’t notice? Well the days of the secret editing of SCOTUS opinions are over. [CREW]

* The continuing coverage of the Donald Sterling trial: Sterling takes the stand. [mitchell epner]

* We talk a lot about work-life balance among lawyers, but we don’t think much about the work-life balance among law professors. [TaxProf Blog]

* If you wanted to understand the UK legal market, this infographic is basically “choose your own adventure” for a legal career across the pond. [Gorvins]

* What do the former Biglaw Bigshot and Joan Rivers have in common? [Law and More]

Former dean Larry Mitchell

Color me disappointed. The parties have reached a settlement in Ku v. Mitchell. We won’t get to hear trial testimony about a law school dean allegedly propositioning students and staff or trying to set up threesomes on a bed with Chinese silk sheets.

Okay, let’s rewind. Last October, Case Western law professor Raymond Ku filed a lawsuit against former Case dean Lawrence Mitchell and against the university. Ku alleged that he suffered retaliation after reporting to university officials that Mitchell had potentially sexually harassed women at the law school, including employees and students. In the wake of the lawsuit, Mitchell took a leave of absence as dean, then resigned the deanship (but remained on the faculty).

Today brings word of the parties settling the case. What are the terms of the settlement, and what do the parties have to say about it?

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Bryan A. Garner

This May, Thomson Reuters published the tenth edition of the estimable Black’s Law Dictionary (affiliate link). The most widely cited legal book in the world, Black’s is a must-have for every lawyer and law student.

Henry Campbell Black published the first edition in 1891. Starting with the publication of the seventh edition in 1995, Black’s has been edited by Professor Bryan A. Garner, the noted lexicographer, legal-writing expert, and author of such books as Garner’s Modern American Usage, Making Your Case: The Art of Persuading Judges, and Reading Law: The Interpretation of Legal Texts (the last two co-authored with Justice Antonin Scalia (affiliate links)).

I met with Garner during his recent visit to New York, where he taught his famous legal-writing course to various law firms and government employers. His voice was hoarse from a summer cold, but he generously soldiered through an interview with the help of some tea. Here’s a (lightly edited and condensed) write-up of our conversation.

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Get out while you still can!

If you’ve managed to jump onto the speeding “now is a great time to apply to law school” train, then you might want to fling yourself from the tracks, because that thing is about to derail. We’ve got some major news from a law school that’s stereotypically regarded as one of the worst in the country. If you thought things were bad for law schools, you ain’t seen nothing yet.

The legal academy has been waiting with bated breath for something like this to happen, and now it finally has. A law school is cutting an entire class year from its enrollment logs at one campus and laying off faculty and staff — all at the same time.

Which law school seems to be in full on disaster mode right now?

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For almost a decade, the Forum on Law, Culture & Society has hosted fascinating conversations about legal issues with such luminaries as President Bill Clinton and Justice Sonia Sotomayor. I’ve had the pleasure of attending several Forum events over the years, such as a riveting panel discussion about the Casey Anthony case and screenings of legally themed movies at the Forum Film Festival.

For years, the Forum has made its home at Fordham Law School. But now the Forum is moving. Where is it going, and why?

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The Socratic method is the marathon racing of law school: Greek, very few people like it, those that do are way too into it to be healthy, and the best thing you can say about it is that the first guy who did it died. But law professors continue to sing its virtues thousands of years down the road, even after evidence begins to mount that it puts some students at a distinct disadvantage.

That’s why it’s an event to see law professors argue on an Internet board about the merits of the Socratic method as an instructional strategy….

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‘That professor will rue the day he gave me a D!’

When most law students receive crappy grades, they drown their own self-pity in alcohol, shrug it off, and tell themselves they’ll do better next time. Some law students, though, as ludicrous as it may be, feel that their only recourse after receiving a bad grade is to sue. This is without fail the very worst option a law student could take, but it’s entertaining if only because these whiny lawsuits are filed pro se.

Take, for example, a lawsuit that was recently filed by a former student at an unaccredited law school. The plaintiff is pissed that he got a terrible grade in one of his classes, and he wants a federal court to mete out his revenge against the professor who ruined his life.

Did we mention that he wants $100,000 in damages for “years of not being in a legal career”?

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It’s not much of a secret that women are routinely paid less than their male counterparts in the United States — to the tune of about 20 percent. It’s such a non-secret that even those who call the gap a “myth” don’t actually deny it as much as say “who cares?” Which makes the word “myth” more of a PR move to sell a license to be a prick. Usually literally.

More of a secret is the fact that even bastions of self-described enlightenment participate in this system. For example, academia. A new report by research site FindTheBest discovered that some of the top universities in the country — most boasting law schools — systematically underpaid female faculty.

And one law school clocked a $44,000/year pay gap between male and female faculty, making it the second-worst offender in the study….

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Everyone smile and say “certiorari”!

The opinions released by the Supreme Court this morning were not super-exciting. The good news, pointed out by Professor Rick Hasen on Twitter, is that “[t]here are no likely boring #SCOTUS opinions left.” (But see Fifth Third Bancorp v. Dudenhoeffer, noted by Ken Jost.)

So let’s talk about something more interesting than today’s SCOTUS opinions: namely, the justices’ recently released financial disclosures. Which justices are taking home the most in outside income? How robust are their investments?

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