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In an op-ed published in the Washington Post on Friday, Justice Stevens wrote about his proposal to correct the Second Amendment. His proposal to “add five words” to the Second Amendment to fix it comes from his new book, Six Amendments: How and Why We Should Change the Constitution (affiliate link).

It’s a worthy endeavor for a former justice to examine the Constitution and propose the changes that judicial interpretation alone cannot reach (or at least are not reaching for political reasons). However, if his solutions to the other five amendments are as dumb as his answer to the Second Amendment, we’re all in trouble….

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Yes, today is one of those days: a day with multiple law firm layoff stories to report (not to mention rescinded offers).

This morning we brought you news of 20 support staffers losing their jobs and 10 offers getting rescinded. Now we share with you the story of a firm cutting almost 40 people.

Which firm just joined the nationwide layoff club?

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Back from the big NALP conference, back from Seattle, happy to be back in New York City. The five boroughs came up a lot at the conference thanks to the big move by Brooklyn Law School to cut tuition by 15% next year.

If I may summarize the reactions from other schools about Brooklyn’s cut (I’m paraphrasing):

  • F**k those motherf**kers. It’s still super-expensive. Go STATE!
  • Actually my school did something very similar. [Elie explains why their school is not similar.] Well, that’s just your opinion, man.
  • Can somebody wake me up when Yale does it?

I expected that other schools would be a little annoyed with Brooklyn. Schools are already facing a financial crunch given the sharp drop in new law students; not many want to take on the additional financial burden of across the board rate reductions. I recently appeared on CNBC with Brooklyn Law Dean Nick Allard, and he explained that Brooklyn Law sold off some of its capital assets to afford this. I noted that not every school is in the position to do that.

But I didn’t expect some prospective Brooklyn Law students to also bitch about the reduction. I guess when you expect dumber people to subsidize your education, having that taken away from you is jarring…

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If you recall, back in the darkest days of the recession, we covered the topic of rescinded offers quite frequently. Now that the legal profession is in a slow recovery, it’s a rare occurrence.

But not today.

We’ve got news of a Biglaw firm that recently decided to axe half of its incoming associate class, just weeks before graduation. Lovely.

Which firm is making its would-be associates scramble for new jobs? Could it be yours?

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Over the course of the past two months, we’ve been able to allow only one week to pass without the mention of a layoff or buyout of some sort, whether it be from a law firm or a law school.

These layoffs haven’t affected only handfuls of people — with about 20 people here, and more than 50 people there, hordes of law firm and law school personnel have been thrust into the unemployment line in recent weeks. Today, we’ve got word on yet another double-digit law firm layoff, this time coming amid the “surreptitious firing” of associates and the defection of several partners.

Which firm is the source of this unfortunate action?

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I’ve now written more than 250 columns at Above the Law; I’m invoking a point of personal privilege.

Neil Falconer (of Steinhart & Falconer in San Francisco) passed away last week at the age of 91. He was an extraordinary lawyer, a fine man, and a mentor to anyone who had the sense to listen. Between 1984 and 1989, I learned from Neil what it meant to be a lawyer – “be a sponge; soak up the law;” “never tell a small child not to stick peanuts up his nose;” “you take as long as necessary to solve the problem; let me worry about the bill” – and I later dedicated The Curmudgeon’s Guide to Practicing Law to him. I expected to shed a tear when I read his obituary, but I didn’t expect to be dumbstruck. Words are a terribly feeble way to encapsulate a life. And sometimes you’re paid back, years later, for even the smallest of gestures. Here’s a link to Neil Falconer’s obituary in the San Francisco Chronicle. Rest in peace, Neil. And thank you.

Thinking about Neil caused me to reflect on the decision that I made, 30 years ago, to work at a small firm (of 20 lawyers) on the West Coast.

Everyone told me that I was nuts: “You can always move laterally from a big firm to a small one, but you can’t move laterally in the other direction!” “You can always move from a big New York firm to a firm in California, but you can’t move west to east!” “You have to start by getting the ‘big firm experience.’ Then you can always move to a small firm.” “Go to a big firm! That’s how you keep your options open!”

The conventional wisdom isn’t always right . . . .

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In an Atlantic Monthly article, The View from There: What living in England, Japan, and China has taught one American about the character of his own country, James Fallows discussed how easy it is to misunderstand other countries and how Americans misunderstand China:

When living in Japan, I heard accounts from many Japanese who had gone to the US for business or study in the 1950s, after the Allied occupation ended. They looked at the factories and the farms and the vastness of America and asked themselves: What were we thinking? How could tiny Japan have imagined challenging the United States? After the Soviet Union fell and the hollowness of its system was exposed, many Americans asked: What were we thinking about “two superpower” competition with the USSR? Its missiles were lethal and its ideology was brutal and dangerous. But a rival to America as an overall model? John F. Kennedy was only one of many to suggest as much, in his 1960 campaign references to the prestige gap as well as missile gap that had opened. Eventually, we all learned there was no comparison at all. I think if more Americans came to China right now and saw how hard so many of its people are struggling just to survive, they too might ask: What are we thinking, in considering China an overall threat? Yes, its factories are formidable, and its weight in the world is huge. But this is still a big, poor, developing nation trying to solve the emergency of the moment. Susan Shirk, of the University of California at San Diego, recently published a very insightful book that calls China a “fragile superpower.” “When I discuss it in America,” she told me, “people always ask, ‘What do you mean, fragile?’” When she discusses it here in China, “they always ask, ‘What do you mean, superpower?’”

I thought of Fallows’s article after speaking last week on China law before the county bar association. My talk had been mistakenly “advertised” as being about “doing business in Asia.” Wanting to disabuse anyone of the notion that I would be providing insights into doing business in all of Asia, I began by making clear what I would and would not be discussing…

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An angry God is one without a line of credit.

* “[T]he one thing Windsor does not do is clearly establish a nationalized definition of marriage.” No one will be surprised when the same-sex marriage cases wind up before the Supreme Court. [National Law Journal]

* Law firm mergers continue to hum along at a record pace, but whether they’ll actually work out is another question entirely. Only time will tell if we’ll see another “spectacular flameout.” [Wall Street Journal (sub. req.)]

* “The billable hour’s day has passed.” Eighty percent of law firm leaders believe hourly billing may soon be going the way of the dodo in favor of alternative billing arrangements. [Capital Business / Washington Post]

* Despite its anti-gay policies, Trinity Western University Law has been granted approval from the Law Society of British Columbia to open its doors. And here we thought Canadians were supposed to be polite. [GlobalPost]

* If you want to take an “Law and _____” class, sign up for Law and Traumatic Brain Injuries at GW Law. Having a TBI yourself seems like a requirement for enrollment, but shockingly, it’s not. [New York Times]

* Times are so rough that God can’t even get a credit card. Instead of casting plagues upon the earth, he’s suing Equifax — though we’re sure he wouldn’t mind if the credit agency reps caught lice. [New York Post]

Law school graduation is coming up and that means it’s time to engage in duplicitous backstabbing of everyone you call a friend in a mad scramble for graduation week event tickets.

That’s why the process of selling graduation week tickets has to be managed with a level of procedural fairness normally reserved for stock quotes or Miley Cyrus tickets. It’s also the reason everything can quickly descend into a lower circle of hell if someone feels they’ve been screwed over for tickets.

That’s what happened when a top law school accidentally gave the LLMs an early bite at the grad event ticket apple. And what they tried to do next lit up a hornets’ nest of entitled tools….

(Please note the UPDATES added below.)

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* SeaWorld lost its appeal. Apparently it’s not safe to lock murderous animals in a small pool and have people swim with them. [Blog of the Legal Times]

* Do you know what “Heartbleed” is? If the answer is no, you need to click on this immediately for the 10 things every lawyer needs to know about the latest computer security crisis. [Versus Texas]

* We’ve been hearing about declining law school applications, now let’s look at new projections of law school graduates. [The Faculty Lounge]

* Professor Orin Kerr explains that it might be time for courts to adopt computer-specific Fourth Amendment rules. Adapting 18th Century thinking to meet modern times? That’s crazy talk. [The Volokh Conspiracy / Washington Post]

* These guys must be the best Grand Theft Auto players ever. [Legal Juice]

* Being nice is a strength rather than a weakness. I’m incredulous. [Katz Justice]

Ed note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Ann K. Levine, a law school admission consultant and owner of LawSchoolExpert.com, offers helpful tips for law school applicants.

Spring is finally here and after a rough winter in most of the country, you’re probably longing for the lazy days of summer. But if you’re planning to apply to law school this fall, there are some things you should consider doing before you book that trip to the beach.

Your first summer homework assignment is to make sure you understand the law school admissions process and timeline. You can visit the Law School Expert blog for an overview of the process and a sample law school application checklist.

Once you have a good understanding of the mechanics of applying to law school, you should consider your motive in doing so. I challenge you to take this summer to explore whether the law is right for you — and I mean the reality of what it means to be a lawyer, not what you think you know from watching House of Cards.

Continue reading at the ATL Career Center…

Thanks again to everyone who came out to the ATL/Kaplan Bar Prep trivia night in D.C. last week! Students from all across the Washington area descended on The Bier Baron to vie for honor and technological goodies provided by our sponsors from Kaplan Bar Review. Oh, and even those who couldn’t succeed at trivia still got free food and some booze, because a trivia night is never a total loss.

If you’re a law student wondering when we’ll make it to your town, be patient. I know of a couple of locations we’re planning to hit in the next few months.

So let’s recap our D.C. extravaganza and check out some pictures of the action…

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