Bar Admission

I have a great strategy for passing the bar: write it in Ontario. The Law Society of Upper Canada (our governing body) doesn’t publish official statistics, but it is anecdotally reported that 90% of takers pass in Ontario. Contrast that with New York, where approximately 30 to 40% of takers fail in any given year. That’s a bloodbath.

The system has changed a bit since I wrote, but let me take you back in time to 2002. I had just graduated from Queen’s law school in picturesque Kingston, Ontario. I then had to face something called Bar School. That’s four months of sitting in a stifling classroom during the beautiful and inviting months of May, June, July, and August. Don’t feel bad for me — you’ll see why in a second….

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If you appreciate the information and entertainment provided by Above the Law, please send us tips. You can reach us by email or by text message (646-820-8477).

Sometimes folks ask us, “What’s in it for me?” For example, on last week’s story about the epic UVA email screw-up, one reader wondered why UVA students told us about it in the first place.

Well, venting about something can be therapeutic. But sometimes tipping ATL can help people out in more specific and concrete ways. Here’s a great story involving a reader who emailed us about a problem that we helped to get fixed….

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U.S. Attorney Preet Bharara

* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]

* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]

* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]

* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]

* Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing]

* Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)]

* Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]

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?

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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….

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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….

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