Civ Pro

This grading system is a total train wreck.

If law students want one thing in their grading system, it’s clarity. This is especially true for first-year law students; 1L grades are too important for future job prospects to have a confusing and muddled set of rules.

Well, maybe not Yale law students. Famously, Yale doesn’t have traditional letter grading. A few top schools have followed Yale’s lead in recent years, but Yale is the OG of meaningless grading systems. (Berkeley students to start bitching in 3, 2, 1….) The meaningless of Yale’s Honors/Pass grading system doesn’t matter because all Yale students get jobs. No grades + Good jobs = “I don’t understand why humans cry.”

Yale students have such good job prospects that they can get jobs as law professors at other Ivy League law schools right after they graduate from Yale. But bringing happy-clappy Yale concepts of grading to “normal” law schools is not without its problems….

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Suing a school for giving you bad grades seems ludicrous. On the other hand, there’s something respectable about filing a 60-paragraph complaint in response to a law school telling you that you’ve failed Legal Writing and Civil Procedure. It’s kind of meta when you think about it.

The crux of the story is that a the law school demanded that a 3L retake CivPro II: Electric Boogaloo because he got a D the first time around. This interfered with his plans for his 3L year, so he decided to take them to court. In the process, every complaint he has about the school worked its way into the filing.

Which law school is getting sued?

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So I went to the annual conference of the Association of American Law Schools in New Orleans this past weekend. The place was lousy with law school deans and I had a ton of interesting, off-the-record conversations that I can’t report on. I also spent a weekend in New Orleans that involved all sorts of other things I can’t report on. It was fun and informative, you just have to trust me.

One thing I can report on was an AALS panel I attended, “The 75th Anniversary of the Federal Rules of Civil Procedure: Looking Back, Looking Ahead.” Now… I know that doesn’t scream “drop your panties,” but the panel was moderated by Arthur Miller. Yeah, that Arthur Miller, the famous law professor who wrote Death of A Civil Procedure Rules Salesman or something. And the all-star panel he was moderating included Justice Antonin Scalia… a person Miller doesn’t really agree with when it comes to rules. I had to go. Literally, I had to.

Unfortunately, the conversation was completely over my head. I’m not embarrassed to say that. Other people in my position may pretend that they got the most out of this discussion between Miller, Scalia, Biglaw partners, district judges, and others who have advised the Rules Committee. To me it sounded like, “TWOMBLY wha wha whaa, but in IQBAL wha wha wha wha! Wha? Given TWOMBLY’s wha and IQBAL’s wha, how could you wha wha whaaa?? [Laughter]”

That doesn’t mean I didn’t learn anything….

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