* More law school graduates are trying to get their day in court for bankruptcy protection. Looks like these people didn’t read their student loan MPNs carefully (or at all). They state pretty clearly that you’re screwed for life. [Reuters]
* James R. Silkenat was selected as the president-elect at the ABA’s Midyear Meeting, meaning his ascension to the presidency is “virtually assured.” We can only hope that his leadership is as awesome as his combover. [ABA Journal]
* PETA’s Thirteenth Amendment whale slavery lawsuit is heading to court today in California. Maybe we’ll see if what SeaWorld calls a “baseless” and “offensive” lawsuit has got legs. Or flippers. [CNN]
* Polygamy for all! Kody Brown’s bigamy lawsuit will proceed in Utah thanks to Jonathan Turley’s lawyering. Are we going to see the drama play out on season three of Sister Wives this spring? [Associated Press]
* Joshua Monson, the suspected serial lawyer stabber, must regret this missed opportunity. While signing documents with his weapon of choice, he allegedly punched a corrections officer in the face. [Daily Herald]
It can be said with certainty that the women’s rights movement in this country has resulted in many positive outcomes. We can vote (and drive, too; sorry, Saudi Arabia). We can go to college and professional schools. We can work just as hard as men and earn almost as much. Heck, we can even run for president. What could possibly be wrong with any of these things?
Supply and demand, that’s what.
As more and more women decided to pursue higher education and become members of learned professions like medicine and the law, professional schools had to figure out what to do with all of their new female applicants. Schools in both of these fields figured out solutions. Take a wild guess as to which profession botched the decision….
If a professional organization wants to protect the incomes and job opportunities of its members — and if it wants to ensure the quality of the services being provided, thereby preserving the profession’s reputation — it needs to exert some control over who enters the field. A professional association should arguably do whatever it can, within the bounds of antitrust law, to protect its turf and to preserve a certain amount of exclusivity in the profession.
(Please note that we’re proceeding based on two assumptions: (1) professional organizations should act in the self-interest of their individual members (as well as the profession as a whole), and (2) there will be some regulation of entry into a profession. We set aside the libertarian vision of a world devoid of professional licensing schemes and regulation, in which anyone can practice a trade or profession, and the market weeds out the bad apples.)
Some commentators — like our very own Elie Mystal, currently on vacation (so we’ll attempt to fill his shoes in this post), or Mark Greenbaum, in a widely-read Los Angeles Times op-ed — have accused the American Bar Association (ABA) of not doing enough to regulate entry into the legal profession. As a result, the nation is flooded with lawyers — or, perhaps more accurately, law school graduates — who can’t get jobs (or jobs that pay well enough to cover gigantic student loan payments).
These critics point to other professions and professional organizations that have done a better job of preserving exclusivity. Take medicine. Historically, if you could survive the rigors of the cutthroat pre-med world, four years of medical school, and the underpaid toil of a residency, you’d be set for life. As noted yesterday by a commenter:
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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