Bar Admission

Not what the image of lawyers that the California Supreme Court wants to support.

A former journalist turned law school graduate went to the state of California and asked to be admitted to the practice of law.

California said no.

The problem was his practice of “making up stories” for a few years while working at The New Republic.

A well-documented history of lying is not a great testament to the moral fitness of a prospective lawyer, but does this particular transgression really justify denying Stephen Glass’s application?

double red triangle arrows Continue reading “Stephen Glass Isn’t A Lawyer Just Because Of The Whole ‘Serial Lying’ Thing”

Lady Gaga

* You skip over the footnotes when you’re reading for class, but Justice Ruth Bader Ginsburg doesn’t think you should. She’s a proponent of the most important footnote in all of constitutional law. [New Yorker]

* New York will modify its pro bono requirement for LL.M. students to allow public service completed outside the country. Well, so much for closing the state’s justice gap. [New York Law Journal (sub. req.)]

* Everything’s bigger in Texas, including the government-initiated trademark infringement actions over “Don’t Mess With Texas.” Like “I <3 NY," the Lone Star State's slogans are off limits. [New York Times]

* WUSTL Law Dean Kent Syverud didn’t mind advocating for halving professors’ salaries. He just stepped down to become Syracuse University’s president — for much higher pay. [National Law Journal (sub. req.)]

* You can sue Lady Gaga for overtime pay all you want, but you do not want to face her wrath. The pop star is due in court in early November where she’ll tell a judge “exactly what f**king happened.” [Daily Mail]

Sergio Garcia (not the racist golfer) has lived in California most of his life. He worked his way through law school and then took and passed the California bar exam on the first try.

Yesterday, the California Supreme Court heard argument on whether Garcia could be admitted to practice law.

Sergio Garcia was brought to the United States when he was 17 months old. The California justices must decide whether an undocumented immigrant can be admitted. The State of California says yes. The Obama Administration says no.

The news coverage of the case implies that California has the equities on its side while the Obama Administration has the law.

It’s a tidy narrative for a story, but the media hasn’t really focused on the briefs, because when you actually unpack the statute the administration cites, it requires tortured mental gymnastics to support rejecting Garcia’s application….

double red triangle arrows Continue reading “This Guy Might Not Get Admitted To The Bar Over Something He Did When He Was 17 Months Old”

Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Alison Monahan shares some practical advice for new law students.

There’s a ton of (virtual) ink being spilled these days over what to do as a new law student. Everything from “buy all your books and read ahead” to “hire a tutor to explain the Rule Against Perpetuities.” (I only wish I was making that last one up. For the record, don’t do it.)

Since I don’t like to be boring, here are a few less obvious things you can do, to make your life easier and better later on. Trust me, I learned most of these the hard way!

1. Set up automated backups on your laptop. Seriously, if you only do one thing before law school starts, do this. Have you ever lost years of work in a hard drive crash? It’s a nightmare. Imagine you’re a week from exams, and your computer dies, taking EVERYTHING you worked on all semester with it. DO NOT let this happen to you. Go to Dropbox right now, and sign up for the free version. Make a folder called “Law School” and add it to your Dropbox. Save every file you create in law school there. Presto, problem solved. You can thank me later. (I don’t care if you use Dropbox, but it is really easy. Use whatever you like, but do something. I’m paranoid enough now that I back up to Dropbox and to an external hard drive, but that’s probably overkill.)

Read more at the ATL Career Center…

* When SCOTUS cases involve public companies and rulings are misinterpreted, it can lead to some pretty volatile stock performance, as was evidenced by yesterday’s highs and lows for Myriad Genetics of BRCA1 patent fame. [Washington Post]

* The ethics complaint against Judge Edith Jones of the Fifth Circuit has been transferred to the D.C. Circuit after receiving a blessing from the Chief Justice of the United States. Uh oh, that’s serious business if Roberts is involved. [Times-Picayune]

* The number of women working in the NLJ 350 is sad. They make up only one-third of all attorneys working in Biglaw, and we’re stuck celebrating the tiniest positive changes. Sigh. [National Law Journal]

* Proskauer Rose’s former CFO, Elly Rosenthal, settled her $10M disability discrimination suit against the firm in anticlimactic fashion, “without costs to any party as against the others.” [Am Law Daily]

* California is obviously trying to one-up New York with this one. In addition to a 50-hour pro bono requirement, they’re pushing for 15 hours of real-world training before bar admission. [The Recorder]

* Try to stop a man from throwing a pie in your husband’s face and in return you’ll be served with your wifely walking papers a few years later. Aww, Rupert Murdoch is such a kind old man. [Bloomberg]

Jodi Arias

* A bipartisan immigration reform bill made its way through the Senate Judiciary Committee and will head to the Senate floor. Of course, the amendments in support of gay marriage didn’t make it in, but that may be moot soon anyway. [CNN]

* IRS official Lois Lerner may not be very “good at math,” but at least she seems to know the basic principles of constitutional law. She’ll invoke her Fifth Amendment rights before the House Oversight Committee today. [Politico]

* The D.C. Circuit ruled that the top secret Osama bin Laden death photos will remain top secret, but the internet’s desperate cries of “pics or it didn’t happen” will live on in our hearts. [Thomson Reuters News & Insight]

* Attention naysayers: it may be time to face the music. According to the latest Altman Weil survey, most law firm leaders think all of these fun recession-driven changes are here to stay. [Am Law Daily]

* Twenty-two law firms are banding together to fight against fraudulent financial products on a worldwide scale. It’s too bad this legal alliance didn’t exist before the Bernie Madoff scandal. [New York Times]

* It looks like New Jersey may soon be hopping aboard the “pro bono work before bar admission” train. You better hope you get your clinic placements in order, people. [New Jersey Law Journal (sub. req.)]

* The results for the February 2013 bar exam in California are out, and they’re frightening. It’s time to try that acting thing again, because only 41 percent of all test takers passed the exam. [The Recorder]

* Jodi Arias is now begging jurors to allow her to live out the rest of her days in prison. She wants to contribute to society by painting, recycling, and… not slashing additional throats. Lovely. [Fox News]

I didn’t mean to interrupt, you were saying something about ‘clean’ coal?

Hurricane Sandy — a.k.a. “Frankenstorm”, because it’s greater than the sum of its parts (and there’s the suggestion that storms like this are growing bigger and stronger because of man messing around with forces he doesn’t fully understand) — is coming. It’s basically a hurricane that’s merging with a Nor’easter that will make it rain, and not in the fun way. The federal government is closed. The New York Stock Exchange is closed. The McDonald’s next to my apartment is closed — Sandy has already cost me a bacon, egg, and cheese biscuit.

Don’t worry about me, I’ve got a three-day supply of alcohol and hot pockets. Hopefully you are all similarly prepared for 36 hours of sustained hype wind and rain. Size does matter with Sandy (if “Sandy” sounds a bit mundane, know that the next one will be “Tony”). We might not get a lot of CGI worthy images out of this storm, but the length of this storm could cause a lot of damage.

One thing that is still open: the Supreme Court of the United States. Yes, because the nation might be able to survive without mass transit or the stock exchange, but old men don’t take a day off from sitting in judgment. Reuters reports that the Court prides itself on working when everybody else takes shelter from a storm: “In 1996, when a major snowstorm closed the federal government and brought Washington, D.C., to a near standstill, court arguments went on. Then-Chief Justice William Rehnquist, a Wisconsin native undeterred by snow and ruled by a strong sense of punctuality, made sure business that January 8 began on schedule.”

UPDATE (12:00 PM): According to SCOTUSblog (based on a press release from the Court), the Court has now cancelled arguments for Tuesday. So, the case of Sandy v. SCOTUS has been decided 9-0 in favor of the people who might have had to put their lives at risk to cover the proceedings.

Let’s look at some of the other things in and around the legal world that are still open along the Eastern seaboard….

double red triangle arrows Continue reading “Frankenstorm Closes Everything, Except SCOTUS… And Above The Law”

No, Professor Jacobson, you won’t be getting her scalp.

Yesterday we mentioned the latest issue to arise in the contentious Massachusetts Senate race between incumbent Scott Brown and Elizabeth Warren, the Harvard law professor turned political candidate and national celebrity. On his blog, Legal Insurrection, Professor William Jacobson of Cornell Law School effectively accused Warren of engaging in the unauthorized practice of law in Massachusetts.

Are the accusations valid? Let’s hear from some experts — and from you, through a pair of reader polls….

double red triangle arrows Continue reading “An Update on the Elizabeth Warren Law License Controversy”

You didn’t bill that — unless you have a valid law license, right?

One of the most exciting U.S. Senate races this fall is the battle taking place in Massachusetts between Scott Brown and Elizabeth Warren. Even though my personal politics are closer to those of Brown — a moderate, socially liberal Republican — I must admit to a weakness for Warren.

How could I not love Liz Warren? She’s a Harvard Law School professor, a brilliant legal mind. She’s a fabulous, fierce female; even her critics concede that she’s a formidable foe. And thanks to her viral video and her star turn at the DNC, she’s a national celebrity. The Brown campaign has tried to use this against her, but not very effectively. After watching this Scott Brown ad, I just wanted to vote for Warren even more.

According to the latest polling data, Warren holds a slight lead. But could that edge be eroded by the latest controversy, concerning whether Warren has engaged in the unauthorized practice of law?

Let’s check out the allegations, which are being leveled against Brown by a Cornell law professor….

double red triangle arrows Continue reading “Does Elizabeth Warren Have a Law License Problem?”

* Dewey have some false expectations of success for this partner settlement agreement? Only one in four affected partners have signed on the dotted line, but advisers think the plan will win bankruptcy court approval. [Am Law Daily]

* “There comes a point where the prospects of substantially increasing your income just outweigh everything else.” Even on his $168K salary, this appellate judge wasn’t rich in New York City, so he quit his job. [New York Law Journal]

* The middle class needs lawyers, and unemployed law school graduates need jobs. The solution for both problems seems pretty obvious, but starting a firm still costs money, no matter how “prudent” you are. [National Law Journal]

* “This is a time when law schools are trying to look carefully at their expenses and not add to them.” New York’s new pro bono initiative may come at a cost for law schools, too. [Thomson Reuters News & Insight]

* Much to Great Britain’s dismay, Ecuador has announced that it will grant political asylum to Julian Assange of WikiLeaks fame. Sucks for Ecuador, because Assange is known to not flush the toilet. [New York Times]

* A smooth criminal gets a break: Michael Jackson’s father dropped a wrongful death suit against Dr. Conrad Murray. It probably would’ve been helpful if his attorneys could actually practice in California. [Washington Post]

* Did Lindsay Lohan’s lawyers plagiarize documents from internet websites in their defamation filings against Pitbull? You can deny it all you want, but his lawyer is out for blood and sanctions. [New York Daily News]

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