The people over a Thomas M. Cooley Law School have a long and illustrious history of inventing ridiculous law school rankings that magically show Cooley Law at or near the top. It’s pretty pathetic to make up your own ranking and rank yourself.
But now a third party has put together a ranking where Cooley has risen to the top. A Georgetown professor has ranked all the websites from ABA-accredited law schools, and Cooley’s website ranks eighth. Hey, they know how to sell themselves.
The top of the list isn’t only about law schools that are trying dazzle students into making a ruinous financial decision. The rankings mainly seem to reflect whether or not law schools care about their website at all….
Continue reading “Ranking Law School Websites: Cooley Ranks Near the Top!”
[T]his might be a helpful alert to lawyers who are hiring someone to try to promote their sites: It’s possible that the promotion might consist of behavior that is par for the course for purported penis enlargement products, but not really in keeping with the sort of reputation that lawyers generally seek to cultivate.
– Professor Eugene Volokh, issuing a warning to lawyers that hire outside companies to promote their law firm websites using spam blog comments.
Complete honesty is such a dangerous thing.
I’m going to give it a shot.
I’m posing three questions to myself today. First, why might a lawyer at a law firm choose to write articles? Second, what topics should lawyers write about, and where should they publish the articles? Finally, why might an in-house lawyer choose to write?
The honest truth is that outside lawyers choose to write for many, varied reasons. In-house lawyers might also choose to write for many reasons, but those reasons are different and fewer. Across the board, authors’ motivations for writing will be mixed.
Do I have a right to speak on the subject of publications? My credentials, in a nutshell, are these: Three books; twelve law review articles; two book chapters; about 70 other, shorter articles (in places ranging from The Wall Street Journal and the Chicago Tribune to Pharmaceutical Executive and Litigation); and maybe 600 blog posts (roughly 500 at Drug and Device Law and north of 100 here). Call me nuts (and I may well be), but I’ve spent a professional lifetime doing a ton of “recreational” legal writing.
Why did I do it? Should you?
Continue reading “Inside Straight: ‘Recreational’ Writing, In-House and Out”
SOPA is getting pwned. Yesterday, all the uber players with their epic gear hopped on Vent and raided the SOPA base, and now the newbie Congress people who sponsored the law are running scared. As we mentioned in Morning Docket, the sponsors of the Stop Online Piracy Act have “renounced” their law. The New York Times reports that Senators and Congresspeople are abandoning this thing like it was a campaign promise.
Google, Wikipedia, Reddit, all of the big internet corporations flexed their muscles — and oh, by the way, this is what it looks like when corporations use speech for speech, as opposed to pretending that anonymous corporate campaign contributions magically count as speech.
In the wake of this victory, here’s a question: Is this what we want? Yesterday, the internet used its power for good (though I fear the movie industry will strike back by making you watch full-length Kevin James movies before you can download the next Batman preview). But what if in the future “the internet” wants something bad, something that is more than the mere protection of freedom?
Continue reading “Should We Let the Internet Make Laws?”

Sorry folks, no relation.
Hi everybody! I’m Chris Danzig. You might have seen me around Above The Law over the past year, covering technology and West Coast legal news. As of today, I’m excited to be the site’s newest full-time editor, joining David Lat, Elie Mystal, and Staci Zaretsky.
I’m a journalist by trade, not a lawyer. I’ve spent too much time writing about the law — and the stressful situations that can arise within the legal profession, which sometimes drive lawyers to drink — to ever want to practice.
I went to journalism school at Northwestern University. I helped investigate a wrongful conviction case with the Medill Innocence Project while I was in school. After graduation, I was the assistant editor at InsideCounsel magazine in Chicago, where I covered legal technology.
I left that job about two years ago, and have worked as a full-time freelance reporter since then. I’ve written for a variety of publications, covering health care, music, social justice, and a bunch of other stuff. I live in the San Francisco Bay Area, where I was born and raised.
Keep reading for more personal trivia about yours truly (and to see the photo of myself that Lat asked me to provide)….
Continue reading “Mother, Tell Your Children Not To Read My Stories: Meet Team ATL’s Newest Member”
It’s tough being the managing partner of Bigg & Mediocre. All of the hard issues land on my desk. We’ve hired a new Chief Marketing Officer, and this guy recommends that we launch some firm-branded blogs. Press reports say that 94 percent of the AmLaw 100 plan to use blogs as part of their marketing efforts. I guess I have to make a decision; what should we do?
I’ve never actually visited a legal blog. I’ve certainly never subscribed to a good one (if there is such a thing, which I doubt). Someone once sent me a link to something called “Above the Law,” but that was just a post discussing our year-end bonuses.
To blog or not to blog: What’s a managing partner to do?
Continue reading “Inside Straight: Should My Big Firm Blog?”
It’s hard to believe that another year has passed, but here we are. It’s December 31st, New Year’s Eve. The weather is turning cold, the Republican presidential contest is heating up, and it’s time to review this year’s biggest stories on Above the Law.
Consistent with past practice, we will refrain from offering our subjective judgments on the most important stories of the year. Instead, just as we did back in 2010 and 2009, we’ll identify the ten biggest stories of the past year as decided by you, our readers. With the help of our friends at Google Analytics, we’ve compiled a list of our top ten posts for 2011, based on traffic.
In terms of overall topics, the most popular category page for the year was Law Schools, for the second year in a row. This shouldn’t come as a surprise, since the year was an eventful one for the legal academy. It would be fair to describe 2011 as an annus horribilis for the law school world, with various forces laying siege to the ivory tower. The attackers include not just unemployed lawyers turned scambloggers, but the mainstream media, led by David Segal of the New York Times; plaintiffs’ lawyers, who have already sued several law schools (and have announced plans to sue at least 15 more in 2012); and even a tenured law professor calling for reform (Paul Campos, currently in the lead for 2011 Lawyer of the Year).
The second most-popular category at ATL: Biglaw. Although we’ve expanded our small-firm and in-house coverage dramatically here at Above the Law, adding multiple columnists in each space, our coverage of large law firms still draws major traffic and drives discussions.
Now, on to the ten most popular individual posts on Above the Law in 2011….
Continue reading “Above The Law’s Top Ten Most Popular Stories of 2011″
Thoreau admonished us that we cannot “kill time without injuring eternity.” But what did he know? That proto-hippie pond-fetishist could not have imagined today’s world, where our collective attention spans have shriveled to goldfish levels and so much actual productive white-collar labor can be, to an observer, indistinguishable from simply loitering in front of a computer screen. Unless someone is looking over your shoulder, nobody knows whether you’re on PACER or playing Angry Birds.
We asked you, the ATL readership, where you turn for distraction when you don’t feel like billing or studying. The results of our research poll, after the jump….
Continue reading “Ways and Means of Mass Distraction”

Herman Cain: Do you miss him yet?
* It’d be easy to say “a former Tea Party candidate posted about assassinating the President.” But it’s probably more accurate to say a crazy, racist, loony person scrawled something naughty on Facebook and is now in trouble. [Huffington Post]
* I’d like to buy this, and then use it to TP Herman Cain’s house while screaming, “It’s less complicated than your sex life!” [Tax Prof Blog]
* I wonder if, a generation from now, people will look back on Citizens United like Plessy v. Ferguson. Like, there will still be a few holdouts saying, “money is speech now, money is speech forever,” but most of society will have moved on to a more enlightened state. [Congressman John Yarmuth]

In my lifetime, Kobe has been one of the most fun players to not like.
* Maybe all we need is a simple Constitutional amendment clarifying that “only people are people.” Corporations are not people. Animals are not people. Artificially intelligent robots who one day rise up to threaten humanity’s existence are not people. [Miller-McCune]
* Oh, Kobe. When you beat a rape rap yet still have to publicly admit you bang hoteliers in Vail, you should just get divorced right then and there. No number of diamond nor championship rings is going to put that back together. She’s still going to kill you in the divorce, and all you’ve bought yourself is a few extra years of living with a woman who openly hates you. [L.A. Now via ABA Journal]
* You think bloggers suffer from group think too much? I vote for 2012 being the year when the mainstream media stops stealing story ideas from the blogs (without credit), and does some actual original reporting again. You know, like they are supposed to with their huge staffs and massive budgets. [What About Clients?]
How do you build a practice for a law firm?
Everyone has a theory; I’ll provide a case study.
In 1997, Congress was about to pass a law that would have been great for America, but horrific for business at the law firm at which I then worked. The firm thus (intelligently) created several committees to try to create new practices that could keep lawyers busy if the promised bill became law. I was asked to chair the “drug and device product liability business development committee.”
At the time, my firm did essentially no pharmaceutical product liability work. I’d helped to defend a set of medical device cases, which was about as close as anyone had come to actual experience in the pharmaceutical products field, so I was the natural choice to lead this effort. When given that assignment, what do you do? How do you build a practice essentially from scratch?
Continue reading “Inside Straight: Building A Practice — A Case Study”

Sometimes silence is golden.
The executive editor of the New York Times, Jill Abramson — who once worked as a legal journalist, for Steve Brill at the American Lawyer — recently issued A Note to Our Readers About Comments, in which she explained various changes to the Times’s commenting system. We thought we’d follow in the Gray Lady’s footsteps and announce a tweak of our own to the Above the Law comments.
Comments and online anonymity are hot topics right now, both here and abroad (e.g., India). Writer Katie Roiphe just mused about the angry anonymous commenter. Privacy lawyer Christopher Wolf recently argued, in the New York Times, that websites should “consider requiring either the use of real names (or registration with the online service) in circumstances, such as the comments section for news articles, where the benefits of anonymous posting are outweighed by the need for greater online civility.” Many Times readers disagreed, defending the value and importance of anonymous speech online.
In light of these conflicting concerns — civility, privacy, free expression — let’s turn our attention to the ATL comments….
Continue reading “A Note to Our Readers About Comments”

Now THIS is a legal ad.
It’s easy to forget that lawyering is a business that requires a significant amount of advertising. Lawyers offer a service, and as many unemployed attorneys know, the profession includes lots of people doing essentially the same work. You have to find your customers to make it rain.
For more and more attorneys, blogging has become one part of an overall marketing strategy. Is law blogging always advertising? The Virginia State Bar seems to think so. Last month, it disciplined a small-firm attorney for not providing adequate advertising disclaimers on his blog.
Is the Bar, as Judge Richard Posner likes to say, being an ostrich? Is it sticking its head in the sand and ignoring the current technological paradigm — or is there a legitimate ethics concern here? Let’s see….
Continue reading “Is Law Blogging Just Advertising? The Virginia Bar Thinks So”
I’m one this week! Happy birthday to me!
Though it feels like only yesterday, I published my first column at Above the Law on November 18, 2010. I’ve published two posts every week since then (except when Monday holidays excused my labors), so I’ve cranked out about 100 of these little ditties over the last 52 weeks.
I’m tired. But I’m one!
How can I celebrate?
It seems like a good day to reminisce. What did I do right over the last year? What did I do wrong? And what have you, my readers, contributed that I can share with the world on this, my happy day?
Let me tackle the issues in that order….
Continue reading “Inside Straight: Happy Birthday To Me!”
* One of the reasons that members of Congress are so filthy rich is because they’re only technically breaking the law, but Scott Brown wants to try to curb Congressional “insider trading.” [CBS News]
* In other Congressional news, pizza is now considered a vegetable. And fat people the world over rejoiced by stuffing their faces and continuing to clog their arteries. But not me, because goddamn do I hate pizza. [MSNBC]
* MMA fighters sue, saying the ban on fighting in the state of New York is unconstitutional. If beating someone’s face in is an art form, then Anderson Silva is this generation’s Picasso. [New York Daily News]
Find out whose face the Spider should beat next, after the jump….
Continue reading “Morning Docket: 11.16.11″

Lindsay Lohan
* Professor Glenn Reynolds notes Lindsay Lohan’s swift movement through the jail system. [Instapundit]
* Professor Orin Kerr notes Professor Stephen Higginson’s swift movement onto the Fifth Circuit — in apparent violation of the rule in judicial nominations “that a circuit court nominee with Supreme-Court-level credentials will have a harder time getting confirmed than a nominee without those credentials.” [Volokh Conspiracy]
* Professor Larry Ribstein notes the growing competition between Biglaw and the in-house world. [Truth on the Market]
* If you’re having a hard time keeping track of all the lawsuits in which law firms and their partners are parties rather than counsel, check out this handy guide from Brian Baxter. [Am Law Daily]

Professor Paul Campos
* How would you like your soon-to-be-ex spouse to have your Facebook and Match.com passwords? [Not-So Private Parts / Forbes]
* Here’s an interesting profile of Professor Paul Campos, the legal academic behind the controversial Inside the Law School Scam blog. [National Law Journal]
* And here’s commentary on Karen Sloan’s NLJ piece by Professor Paul Horwitz. [PrawfsBlawg]
* Still on the subject of scamblogging, where do retired scambloggers go? Apparently they start doing podcasts about reality television. [Top Chef Refire]

Leah Ward Sears
* Leah Ward Sears, who shows up on SCOTUS shortlists, wants to impose a mandatory waiting period… on divorces. It’d be interesting to live in a country where you had to wait for a year to get rid of your spouse, but not to buy a gun. [Slate]
* Speaking of marriage…. Tara Reid was maybe engaged to an accountant? [Going Concern]
* Trust me, nobody buys off your ATL bloggers. Without us disclosing it. Because it’s not a bribe if you like money and don’t care who knows about it. [Gawker]
* The study doesn’t say that fat people are more likely to miss work; it says that unhealthy people are more likely to miss work. That’s why I discriminate against thin little stress balls that have a conniption every time they see a slice of chocolate cake. [Business Insider]
* Wait, we have a prison rape elimination act? Did we only just now decide that prison rape should be stopped? But it doesn’t apply to everybody in prisons? I’m so confused. [ACLU: Blog of Rights]
* At least Ken Jennings isn’t going to law school. [Ken Jennings]

Glenda McDaniel and Mark McDaniel, parents of Stephen McDaniel, arriving at court this morning.
Bad news keeps on coming for Stephen Mark McDaniel, 25, the recent Mercer Law School graduate accused of killing Lauren Giddings, his former neighbor and classmate. This morning a judge found probable cause in the murder case against McDaniel, which will now be bound over to Bibb County Superior Court. The judge also denied bail to Stephen McDaniel, who has been in Bibb County jail since July 1 (on unrelated burglary charges; he also faces kiddie porn charges).
We were fortunate enough to have a reader at this morning’s hearing. Let’s hear what this roving reporter has to say….
Continue reading “Probable Cause Found Against Stephen McDaniel in Lauren Giddings Murder Case”

Watch my fat wallet devour its prey.
* Should we allow circuit judges to sit by designation on the U.S. Supreme Court? Here’s an interesting idea from Professor Gerard Magliocca. [Concurring Opinions]
* Hey Yalies: Did your alma mater accidentally make your name and Social Security number available to the public? (I got a letter about this; I guess it was legit.) [Gawker]
* You’ve got mail! It looks like a bill — from Wachtell Lipton. [Adweek]
* My morbidly obese, George Costanza monstrosity gets a shout-out in an article about oversized wallets. [Smart Money]

Bernie Madoff
* Is Harvard developing a course on business ethics based on the career of Bernie Madoff? Madoff apparently thinks so. [Dealbreaker]
* To all of you who say that my home state of New Jersey is good for nothing, read this. [DNA Info]
* Employment lawyers, any thoughts on this type of workplace behavior? [Fashionista]
* To those of you who want us to moderate comments more aggressively — we do moderate, but only in extreme cases, when brought to our attention — consider these wise words from Professor Paul Campos (aka ScamProf): “Law in general and law school in particular is already too full of fake politeness, fear-induced groveling, craven appeasement of dubious authority figures, unappetizing obsessions with hierarchical status, and other forms of soul-crushing inauthenticity.” So there. [Inside the Law School Scam]

Stephen McDaniel
It seems that Stephen Mark McDaniel just can’t catch a break. First the recent Mercer Law School graduate gets accused of murdering his former neighbor and classmate, Lauren Giddings. Then he’s hit with lurid charges of child pornography possession. He has been in Bibb County jail for almost two months, and the incarceration has been taking its toll on him.
And now, according to the Macon Telegraph, Stephen McDaniel is being fingered as the author of some exceedingly creepy postings to internet message boards. If the claims of his authorship are true, they will definitely not help his case.
We’ve called the postings “chilling” and “creepy,” but you don’t have to take our word for it. Check them out for yourself….
Continue reading “Chilling Internet Postings Linked to Stephen McDaniel”
Admin, Announcements, Blogging, Free Speech, Media and Journalism, New York Times, Rudeness
A Note to Our Readers About Comments
By Above the LawSometimes silence is golden.
The executive editor of the New York Times, Jill Abramson — who once worked as a legal journalist, for Steve Brill at the American Lawyer — recently issued A Note to Our Readers About Comments, in which she explained various changes to the Times’s commenting system. We thought we’d follow in the Gray Lady’s footsteps and announce a tweak of our own to the Above the Law comments.
Comments and online anonymity are hot topics right now, both here and abroad (e.g., India). Writer Katie Roiphe just mused about the angry anonymous commenter. Privacy lawyer Christopher Wolf recently argued, in the New York Times, that websites should “consider requiring either the use of real names (or registration with the online service) in circumstances, such as the comments section for news articles, where the benefits of anonymous posting are outweighed by the need for greater online civility.” Many Times readers disagreed, defending the value and importance of anonymous speech online.
In light of these conflicting concerns — civility, privacy, free expression — let’s turn our attention to the ATL comments….
Tags: Admin, Announcements, Anonymity, Beware the comments section, Blogging, Free Speech, Media and Journalism, New York Times, Online anonymity, Rudeness