American Bar Association / ABA
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American Bar Association / ABA, Barack Obama, Biglaw, Department of Justice, Law School Deans, Law Schools, Mergers and Acquisitions, Morning Docket, Murder
Morning Docket: 09.04.13
* Biglaw’s billing bonanza: at least 12 firms are advising on the multi-billion dollar deals going on between Microsoft / Nokia and Verizon / Vodafone, and Simpson Thacher landed a seat on both. [Am Law Daily (sub. req.)]
* Standard & Poor’s is now accusing the Department of Justice of filing its $5 billion fraud lawsuit in retaliation for downgrading the country’s credit rating. Aww, we liked the “mere puffery” defense much better. [Reuters]
* The new ABA prez doesn’t think Obama meant what he said about two-year law degrees. He thinks it’s about cost. Gee, the ABA should probably do something about that. [National Law Journal (sub. req.)]
* Meanwhile, New York Law School wants to condense its offerings into a two-year honors program that comes complete with a $50,000 scholarship. Sweet deal if you can get it, but it sounds like most people won’t. [Crain’s New York Business]
* Stewart Schwab, the dean of Cornell Law School, will be stepping down at the end of the academic year. The search for someone new to oversee the filming of amateur porn in the library is on. [Cornell Daily Sun]
* Crisis? What crisis? Nothing is f**ked here, dude. Amid plummeting applications, GW Law increased the size of its entering class by about 22 percent. The more lawyers, the better, right? /sarcasm [GW Hatchet]
* Jacked up! Attorneys for NFL player Aaron Hernandez got a stay in the civil suit accusing the athlete of shooting a man in the face until after the athlete’s murder charges have been worked out. [USA Today]
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American Bar Association / ABA, Law School Deans, Law Schools, listserv
The Secret Law Dean Rules For Participating On The Deans' Listserv
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American Bar Association / ABA, Barack Obama, Clerkships, Intellectual Property, Law Schools, Marijuana, Non-Sequiturs, Rape, Tax Law
Non-Sequiturs: 08.28.13
* Fort Hood shooter Major Nidal Hasan gets the death penalty. Looks like that gradual end of the death penalty won't be fast enough for him. [CNN] * Man gets 30 days in jail for raping a 14-year-old who later killed herself. The judge explained that he’d already been punished with “the scarlet letter of the internet.” The new sentencing guidelines are really web-literate. [Jezebel] * The “most intimidating man in hip-hop” is a Columbia Law grad. Hip-hop has come a long way from allegedly dangling rappers off hotel balconies. [GQ] * Infilaw is taking over Charleston School of Law eliminating all the pretense. [Post and Courier] * On that note, Steven J. Harper discusses President Obama’s call to eliminate the third year of law school. Simpler Harper: Law schools and the ABA are too vested in ripping off students to listen to reason. [Chronicle of Higher Education] * The Internet Strikes Back: A new crowdsourcing tool tracks IP trolls. [Technology Law Source] * A call for former law clerks to fight for an end to sequestration. [Judicial Clerk Review] * The state-legal yet federal-illegal status of medical marijuana leads to some very complex tax returns. You should smoke up to take the edge off. [TaxProf Blog] * For those beginning law school, here’s some advice from the National Women Law Students’ Organization. [Ms. JD]
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American Bar Association / ABA, Education / Schools, Law School Deans, Law Schools, Television, Videos
Debating The Utility Of The Third Year Of Law School
On CNBC, we talked about the uselessness of the third year of law school. -
American Bar Association / ABA, Bankruptcy, Bar Exams, Biglaw, Constitutional Law, Federal Judges, Gay, Gay Marriage, Howrey LLP, Law Professors, Law School Deans, Law Schools, Money, Morning Docket, Ruth Bader Ginsburg, SCOTUS, Supreme Court
Morning Docket: 08.19.13
* Justice Ruth Bader Ginsburg is definitely one of our favorite judicial divas. When asked if she thought the Supreme Court’s work was art or theater, she mused, “It’s both, with a healthy dose of real life mixed in.” [New York Times]
* According to the Citi Private Bank’s Law Firm Group report on the first half of the year, the legal industry should count itself lucky if it manages to meet last year’s single-digit profit growth. This “new normal” thing sucks. [Am Law Daily]
* Howrey going to celebrate these “monumental” settlements with Baker & Hostetler and Citibank? The failed firm’s trustee might throw a party when he’s finally able to file a liquidation plan. [Am Law Daily]
* Uncommon law marriage? A man stuck in an inheritance battle who lived with his late partner since 1995 now asks the District of Columbia to declare him common-law husband. [Wall Street Journal (sub. req.)]
* The ABA’s Section of Legal Education and Admissions to the Bar proposed a major overhaul to its accreditation standards. Action, of course, likely won’t be taken until next year. [National Law Journal]
* Despite the fact that these measures could help struggling graduates, law deans are at odds over the ABA’s proposed changes to tenure requirements for professors. [Capital Business / Washington Post]
* “Sooner or later you’ve got to make a choice, because you need enough revenue to cover what your expenses are.” Cooley will weather the storm by introducing a massive tuition hike. [Lansing State Journal]
* “How would you feel if you spent well over $100,000 on law school, only to have to spend an extra couple of thousand dollars on a course to get you to pass the bar?” You’d probably feel like everyone else. [CNBC]
* Requiring porn stars to wear condoms might not be sexy, but a federal judge says it’s constitutional. Don’t worry, unlike its actresses, the adult film industry won’t go down without a fight. [Los Angeles Times]
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American Bar Association / ABA, Crime, Department of Justice, Drugs, Eric Holder, Politics, Sentencing Law
More Than Minimizing Mandatory Minimums: A Conservative Call for More Radical Drug Reform
Why should conservatives support the decriminalization of drugs? Tamara Tabo explains. -
American Bar Association / ABA, Conferences / Symposia, Crime, Drugs, Eric Holder, Minority Issues, Racism, Sentencing Law
Eric Holder Preaches To The Choir At ABA: It's Nice When Lawyers Think People Will Listen To Them About Laws
Holder's speech at the ABA would have been more interesting if the ABA could have done anything about it. -
American Bar Association / ABA, Conferences / Symposia, Job Searches, Law Schools
How The ABA Came Up With A Compromise Nobody Thinks Will Work
Moving collection of employment stats to ten months from nine months is notable only for its uselessness. - Sponsored
Why Do AI And Legal Professionals Make The Perfect Partnership?
For many legal departments, generative AI is the technology they’ve been waiting for. -
American Bar Association / ABA, Bankruptcy, Bernie Madoff, Biglaw, Billable Hours, Dewey & LeBoeuf, Federal Government, Gay, Gay Marriage, Law Professors, Law Schools, Lunacy, Money, Morning Docket, Small Law Firms, War on Terror
Morning Docket: 08.12.13
* Dewey know which Biglaw firms and ex-partners were sued by the failed firm’s bankruptcy estate? Sadly, they must all be asking, “Howrey going to survive now that Allan Diamond is on the case?” [Am Law Daily]
* You’d probably love to work as an associate on a 9-5 schedule with billable requirements so low you’d get canned anywhere else. There’s just one catch: You’d have a “proportionately lower salary.” [Daily Report]
* “Law professors and law deans are paid too much,” so the ABA is reducing tenure requirements for law school accreditation, which will make it easier for them to be laid off. [Wall Street Journal (sub. req.)]
* The ABA also decided to cut law schools some slack in terms of graduates’ employment data, and it’s likely due to the U.S. News rankings reckoning. Say hello to the 10-months-after graduation jobs statistic. [National Law Journal]
* Following the Windsor ruling, the Social Security Administration is paying claims for married gay couples living in states where same-sex marriage is recognized. As for the rest, better luck next time. [BuzzFeed]
* Would-be senator Cory Booker has taken annual payouts from his former firm, Trenk DiPasquale, since he left. You may remember that firm’s name from the C&D letter seen around the world. [New York Post]
* Author John Grisham was so pissed his books were banned at Guantánamo Bay that he took up the cause of prisoners wrongfully accused, detained for years, and released without apology. [New York Times]
* Almost as if to add insult to injury, Bernie Madoff was allegedly involved in a love triangle with one of his employees who’s about to go to trial. Apparently having dirty money is a desirable trait in a man. [Reuters]
* Amanda Bynes is still in the psych ward on a 5150, and her mother was granted a temporary conservatorship over her cray cray kid’s financial affairs. Way to follow in Britney Spears’s footsteps. [CNN]
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American Bar Association / ABA, Bar Exams, Law Schools, Minority Issues, Racism
What's More Racist? The Trouble With Low Bar Passage Rates At Historically Black Law Schools
What is to be done about low bar exam passage rates at historically black law schools? -
4th Circuit, American Bar Association / ABA, Biglaw, Conferences / Symposia, Copyright, Federal Judges, Gay Marriage, Immigration, John Roberts, Morning Docket, Pornography, SCOTUS, Summer Associates, Supreme Court
Morning Docket: 08.08.13
* “[J]ust because something is constitutional doesn’t mean it’s the best idea, or even a good one.” Perhaps we’ve given Chief Justice John Roberts a little too much to do. No wonder he’s gotten cranky. [Opinionator / New York Times]
* “It’s raining lawsuits.” As Justice Scalia predicted, in the wake of the Supreme Court’s ruling in the Windsor case, gay couples across the nation have banded together to challenge bans on same-sex marriage. [NBC News]
* The Fourth Circuit ruled that state authorities in Maryland can’t arrest and detain people just because they look like they might be illegal immigrants. They can only do that in Arizona. [Baltimore Sun]
* No more fun during sequestration, ever! Judges, get ready to kiss your “lavish accommodations” at judicial conferences goodbye, because Senator Tom Coburn is on the case. [National Law Journal]
* For all of the talk that Biglaw is in recovery, summer associate hiring just isn’t what it used to be. Summer class sizes shrank since last year. We’ll have more on this later today. [Am Law Daily]
* On Friday, the ABA Section of Legal Education and Admissions to the Bar will consider making changes to its law school accreditation standards. Yes, the ABA does have standards. [ABA Journal]
* Open wide and suck this down: A film on the life and times of porn star Linda Lovelace may be lost to the cutting room floor because Deep Throat’s rights holders are seeking an injunction. [The Guardian]
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American Bar Association / ABA, Law Schools, Student Loans
ABA Finally States The Problem: Now, Will They Do Anything About It?
The first step is admitting you have a problem. Is the ABA ready for the next step? -
9th Circuit, Akin Gump, American Bar Association / ABA, Bankruptcy, Biglaw, Clerkships, Contract Attorneys, D.C. Circuit, Federal Judges, Judicial Nominations, Law Schools, Morning Docket, Munger Tolles & Olson, Senate Judiciary Committee, Supreme Court Clerks, Ted Frank
Morning Docket: 08.02.13
* Hiring a Supreme Court clerk might not be worth a $500,000 gamble for some Biglaw firms. Some will take that sweet sign-on bonus and remove their golden handcuffs before a year is out. [Capital Comment / Washingtonian]
* Akin Gump partner and D.C. Circuit nominee Patricia Millett won approval from the Senate Judiciary Committee by a margin of 10-8 along party lines, and now her nomination will head to the full Senate for a vote. [Huffington Post]
* President Obama nominated Michelle Friedland and John Owens, two young Munger Tolles & Olson partners, for seats on the Ninth Circuit. If confirmed, that’ll make three partners from the same firm on the bench. [The Recorder]
* Sorry, law firms, but it’s no longer cool to inflate hourly billing rates for contract attorneys when you pay them substantially less. You can thank Ted Frank for this judicial revelation. [WSJ Law Blog]
* The ABA Task Force on the Future of Legal Education thinks that just about everything having to do with law schools is “deeply flawed” and needs “serious re-engineering.” How comforting. [ABA Journal]
* Law School Transparency is willing to assist schools with the reporting of their ABA post-graduation job placement statistics, for a price. How much is integrity worth these days? [National Law Journal]
* For $25K, Casey Anthony’s bankruptcy trustee won’t make her sell the worldwide rights to her story — like her theory of the crime she was acquitted of, it “exists solely within [her] mind.” [Sun-Sentinel]
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5th Circuit, American Bar Association / ABA, Biglaw, Cellphones, Constitutional Law, Election Law, Eric Holder, Gay Marriage, Headhunters / Recruiters, Health Care / Medicine, Law Schools, Morning Docket, SCOTUS, Supreme Court, Texas
Morning Docket: 07.31.13
* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]
* The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]
* The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]
* Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]
* The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]
* Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]
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American Bar Association / ABA, Law Professors, Law Schools, Wall Street Journal
Law Professors Enter A Time Of Consequences As ABA Fights To Preserve Their Status Quo
Once again, ABA regulation is poised to stop the market for legal education from working properly. -
American Bar Association / ABA, Attorney Misconduct, Biglaw, Crime, Deaths, Guns / Firearms, Health Care / Medicine, Holland & Knight, Law Professors, Law Schools, Morning Docket, Musical Chairs, Patton Boggs, State Judges, Texas
Morning Docket: 07.16.13
* Since summer’s start, Patton Boggs has been leaking lawyers like a sieve. Thus far, 22 partners and 11 associates have defected from the firm to Holland & Knight, Jackson Lewis, Arent Fox, and WilmerHale. [Blog of Legal Times]
* Considering the deadly force choke American health care reform legislation has supposedly put on employers, perhaps more lawyers ought to consider becoming Jedi masters of the Affordable Care Act. [Daily Business Review]
* The new normal for the ivory tower: Law schools are tackling falling applications by “voluntarily” decreasing their class sizes, or by “voluntarily” offering faculty and staff buyouts. [Wall Street Journal]
* But look on the bright side, professors, the ABA wants to amend its accreditation standards to save your jobs and offer greater protections. Too bad its unwilling to do the same for students. [ABA Journal]
* If you’ve been swindling clients for long enough, the law school you donated money to will try to scrub your name off its walls. That is what’s happening now at IU-McKinney Law. [National Law Journal]
* If you want to go to law school, you should base your ultimate decision on your financial future and job prospects. You may be very sorry if you don’t. [Law Admissions Lowdown / U.S. News & World Report]
* Judge Tom Greenwell, the Texas jurist found dead in his chambers, RIP. [Corpus Christi Caller-Times]
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American Bar Association / ABA, Law Schools, Rankings, U.S. News
The ABA Does Something Right! Will U.S. News Follow And End One Perverse Incentive For Law Schools?
Will overspending still be the way to rankings riches? -
American Bar Association / ABA, Attorney Misconduct, Deaths, Divorce Train Wrecks, Gay, Gay Marriage, Health Care / Medicine, Law Professors, Law Schools, Legal Ethics, Morning Docket, SCOTUS, Supreme Court, Tax Law, Trials, United Kingdom / Great Britain, Video games
Morning Docket: 07.03.13
* The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times]
* Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times]
* Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal]
* If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report]
* “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel]
* Lawyerly lothario Zenas Zelotes has been suspended from practicing law for five months. He should take his own advice, find an ethics attorney, and make her his girlfriend. [Connecticut Law Journal]
* When you’re arguing about a video game — online or anywhere — you should probably leave talk of murdering children out of the conversation. You could wind up in jail for months like this guy. [CNN]
* John Tiley, one of the United Kingdom’s most preeminent tax law professors, RIP. [The Telegraph]
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American Bar Association / ABA, Biglaw, Clerkships, Gay, Gay Marriage, Non-Sequiturs
Non-Sequiturs: 07.1.13
* J. Lo has apologized for singing Happy Birthday to a repressive dictator. Many are questioning the decision to serenade an alleged violator of international human rights law, but I’m just confused why J. Lo didn’t opt for the new, copyright-free birthday song? But people are being way too tough on the President of Turkmenistan. Don’t be fooled by the rocks that he got, he’s still Gurbanguly from the block. [Breaking Energy] * NYU Law Professor Barry Friedman and Dahlia Lithwick wonder if the progressives have another liberal agenda item to push after marriage equality. The authors cite issues like voting rights and opposition to the death penalty as traditionally liberal causes marginalized by progressives. It strikes me this article makes a lot more sense if you replace the word “progressive” with “Justice Kennedy.” [Slate] * DLA Piper’s decision to hire Lee Smolen has raised more than a few eyebrows given the firm’s commitment to ethical billing policies. [Hellerman Baretz] * Did the ABA just recommend an ethical violation? [New York Personal Injury Attorney Blog] * After a week of landmark rulings and Biglaw layoffs, the importance of clerking cannot be understated. [Judicial Clerk Review] * The Supreme Court Term feels like a distant memory, but now’s a good time to look back on it with added perspective. Courtesy of MoloLamken, here’s a great guide to the big business cases of the Supreme Court Term just ended. Download or print it, then read it at your leisure. [MoloLamken] * An attorney left the rat race to open a pea company. But these don’t look like the peas you tried to hide under your mashed potatoes, they look like serious snack food. [Kickstarter] -
Abortion, American Bar Association / ABA, Antonin Scalia, Bar Exams, Biglaw, Cars, Celebrities, Election Law, Gay, Gay Marriage, Law Schools, Layoffs, Morning Docket, SCOTUS, Supreme Court, Technology, Texas, Women's Issues
Morning Docket: 06.26.13
* “Screw all these other cases, man, we’re ready for the real stuff — you know… the gay stuff.” Damn, a satirical article that perfectly captures our thoughts. Don’t worry, it’s coming today. [The Onion]
* On a more serious note, this is obviously a really big day for gay marriage at the Supreme Court. Will the justices settle the score, or leave this movement’s supporters high and dry? [Wall Street Journal]
* Big Tech has always been a proponent of gay rights, and some of the most respected brands in America are hoping same-sex marriage doesn’t get the blue screen of death from SCOTUS. [Politico]
* Everyone else loses, but Scalia always wins. He couldn’t have asked for more after Section 4 of the Voting Rights Act was struck down. So long, “racial entitlements.” [L.A. Now / Los Angeles Times]
* “No, we’re not going to do layoffs. We’d never do layoffs. Everything is just fine. Seriously, we won’t do stealth layoffs either. Promise! Believe us, pretty please,” said the managing partner of every peer Biglaw firm after the Weil winnowing. [Am Law Daily]
* Law schools are freaking out about a new American Bar Association proposal to tighten their bar passage requirements, and they’re blaming all of their alarm on diversity issues. [National Law Journal]
* This state senator wins the award for most unique filibuster attempt ever. To block new abortion regulations in Texas, Sen. Wendy Davis spoke endlessly for 11 hours straight. You go girl! [CNN]
* Pop star Chris Brown was charged in a hit-and-run, and surprisingly, Rihanna had nothing to do with it. The new charges may affect his probation, and he might even go to jail. [Arts Beat / New York Times]
* Breaking news, Aaron Hernandez was just taken into custody at his home. Discuss. [USA Today]