American Bar Association / ABA

Howard Dean

* 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]

This needs to be required reading before the next ABA meeting.

If there was ever an argument for laissez-faire market forces over bad and unhelpful regulation, it’s here where the American Bar Association seems hell-bent on preventing law schools from balancing their budgets in any way other than price-gouging students who are getting too smart to pay.

There’s a trend piece in the Wall Street Journal today, covering something that we’ve talked about on a more granular level, regarding law schools firing staff and sometimes law professors to cope with the declining number of law school applications.

But the ABA, ever tone-deaf to the concerns of the actual law students who have to pay or borrow money to support the broken system of American legal education, is actually in the process of trying to make it harder for accredited law schools to fire professors and control their costs. In a world where the market is saying “we no longer want to pay this much for these services,” the ABA is trying further regulate exactly what kinds of services law schools provide.

It’s madness, but that’s legal education in the 21st century…

double red triangle arrows Continue reading “Law Professors Enter A Time Of Consequences As ABA Fights To Preserve Their Status Quo”

See ya, professor!

* 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]


Does the amount of money a law school spends necessarily have an effect on the quality of its legal education?

Here at Above the Law, we say no. Our Law School Rankings take a look at the outcomes law schools provide for their graduates, not the inputs law schools cast into the pot.

But U.S. News still looks at many input factors in evaluating law schools. One of the most notorious factors U.S. News cares about is faculty resources. U.S. News rewards schools for spending a lot of money on the faculty per admitted student. You can kind of see the thought process there: good schools hire good professors and good professors command higher salaries.

Unfortunately, this U.S. News factor creates perverse incentives. Schools with unreasonably high tuition are rewarded for overpaying faculty, at the expense of the debt burden loaded upon their students and recent graduates. Ranking one school better than another because it engages in profligate spending is a cruel joke in this economy.

We don’t know if U.S. News will stop this madness, but yesterday the American Bar Association decided to stop asking schools to report the figure…

double red triangle arrows Continue reading “The ABA Does Something Right! Will U.S. News Follow And End One Perverse Incentive For Law Schools?”

* 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]

* 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]

Stand with Wendy.

* “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]

Make it rain, law schools!

* With the Supreme Court’s term winding quickly to a close, it’s likely that conservative justices will write for the majority in some of the most closely watched and controversial cases. Uh oh. [Washington Post]

* Judge Edward Korman, the man who slapped around the FDA like it owed him money in a ruling over access to the morning-after pill, is actually a very soft-spoken, kind-hearted fellow. [New York Times]

* Wherein a Chicago Law professor and a Vedder Price partner argue that instead of cutting law school down to two years, financial aid should be given out like candy. Hey, whatever works. [Bloomberg]

* Brooklyn Law’s got a whole lot of drama these days: Their president is stepping down, their dean is apparently still a full-time partner at Patton Boggs, and a law professor is suing over alleged ABA violations. [New York Law Journal]

* That’s not the only New York-area law school awash in scandal. Chen Guangcheng has received the boot from NYU Law due to alleged harm done to the school’s relationship with China. [New York Times]

* When questioned about the need for his school, Indiana Tech’s dean says the lawyer oversupply and lack of jobs don’t matter. It’s about the quality of the graduate. Good luck with that! [Journal Gazette]

* This came too soon (that’s what she said). The alleged porn purveyors at Prenda Law will close up shop thanks to the costly litigation surrounding their copyright trolling. [Law & Disorder / Ars Technica]

* Fort Hood shooter Maj. Nidal Hassan won’t be allowed to use a “defense of others” strategy in his murder trial, because not only does it fail as a matter of law, but it’s also ridiculous. [Associated Press]

* Harvard Law grad Cate Edwards, daughter of disgraced pol John Edwards, took a dramatic step away from her father’s tabloid-esque pubic interests by opening her own public interest firm. [WJLA ABC 7]

* Judge Thomas Jackson, well-known for his antitrust ruling against Microsoft, RIP. [New York Times]

If it seems like a silly debate, it’s only because you haven’t been buttonholed by a law school dean who has had just about enough of your oh-so-funny jokes about his school.

Law deans, especially law deans of schools with underwhelming employment numbers, are convinced, convinced, that the “employed nine months after graduation” statistic vastly under-represents the value of their law degrees. Recent graduates of their schools who have been sitting around without jobs for nine months think that their law deans can go jump in a lake. But a small percentage of these grads will get jobs — mainly crappy, barely-legal jobs, which don’t begin to justify the massive investment they’ve made in legal education — between months nine and ten. This could make it easier for law deans to inflate their job statistics with a ten-month rule.

The law deans are few but powerful. The people aligned against law deans (recent graduates, independent third parties, pretty much everybody else) are vastly more numerous but lack real power to influence the rules.

Caught in the middle is the American Bar Association. Normally, you might expect the ABA to do whatever the law deans want, but here there are just too many arguments in favor of the basic consumer utility of the “nine months.”

And so the ABA has decided to delay making a decision until later this summer. What do you think they should do?

double red triangle arrows Continue reading “Should The ABA Push Back Jobs Data Collection From Nine Months to Ten Months After Graduation?”

Not impressed.

* A case of Supreme Court techciting gone wild: What happens when your book is cited in a SCOTUS opinion, but to express an opinion you’ve never endorsed before? A whole lot of irony. [New York Times]

* The Justice Department is dropping its appeal over a federal order that would allow promiscuous prosti-tots minors to access the morning-after pill. Hooray, over-the-counter emergency contraception for all! [CNN]

* The National Law Journal just released the most recent edition of the NLJ 350. As we saw in the Am Law 100 and 200, “economic wariness” was pervasive throughout Biglaw in 2012. [National Law Journal]

* More women are “bringing home the bacon,” but it’s the cheap store brand because they can’t afford better. It’s been 50 years since the Equal Pay Act was signed into law, and women are still earning less money than men. [ABC News]

* When it came time for the ABA to change the time frame for law schools to submit jobs data, it pushed the decision back till August. Adopting the wait-and-see method already, huh? [ABA Journal]

* Jury selection has begun in the Trayvon Martin murder trial, where the verdict will hinge upon George Zimmerman’s credibility. It’s like we’re learning about trials for the first time, you guys. [Bloomberg]

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