Judge Jeffrey Sutton
Over the weekend, Mark Oppenheimer wrote an interesting New York Times piece about the Sixth Circuit’s recent ruling in Ward v. Polite (PDF). In that case, Judge Jeffrey Sutton — noted feeder judge, judicial hottie, and possible SCOTUS nominee in a Republican administration — handed a (partial) victory to Julea Ward, an evangelical Christian who sued various teachers and administrators at Eastern Michigan University, where she had been studying counseling.
Here’s a concise summary of the facts, from the opening to Judge Sutton’s opinion (which is wonderfully clear; he’s great at explaining complex legal issues to large lay audiences; see also his Obamacare opinion):
When the university asked Ward to counsel a gay client, Ward asked her faculty supervisor either to refer the client to another student or to permit her to begin counseling and make a referral if the counseling session turned to relationship issues. The faculty supervisor referred the client. The university commenced a disciplinary hearing into Ward’s referral request and eventually expelled her from the program. Ward sued the university defendants under the First and Fourteenth Amendments.
Ward claimed that her expulsion violated her free speech and free exercise rights. The district court granted summary judgment in favor of the university, but the Sixth Circuit reversed. At the same time, the Sixth Circuit held that Ward wasn’t entitled to summary judgment in her favor either: “At this stage of the case and on this record, neither side deserves to win as a matter of law.” So perhaps we’ll end up with a trial.
Who’s in the right here, Ward or the university? Let’s discuss….
Continue reading “Should Therapists Be Able to Turn Away Clients on Moral Grounds?”
Did you make a mistake?
It’s been a while since we had a good Xtranormal video. The So You Want To Go To Law School sensation inspired a number of predictable spinoffs. But that mediocre flow eventually subsided.
But Xtranormal is still a pretty funny way of getting your point across. A tipster came across a good one over at Wall Street Oasis. It’s actually a series of videos called “Adam the Analyst.” The one that caught our tipster’s attention was the episode asks if he should go to law school. He’s told that law school is awful, and he should go to business school instead.
Joking aside, isn’t that clearly the right answer?
Continue reading “Is Business School the Answer?”
Somebody got a hold of a password-protected report from LSAC that discusses the state of law school applications.
Do you want to hear the good news?
Continue reading “The Early Numbers on Law School Applications”
Dominique Strauss-Kahn
* Dominique Strauss-Kahn’s lawyer has a challenge for you: “I defy you to tell the difference between a naked prostitute and any other naked woman.” [Dealbreaker]
* It’s not often that Cravath partners leave for other firms, but it happens. Jeffrey Smith, former head of the environmental practice at Cravath, recently decamped for Crowell & Moring. [Am Law Daily]
* Former Bush Administration DOJ official John Elwood, now a partner at Vinson & Elkins, breaks down the Office of Legal Counsel’s recently issued opinion on recess appointments. [Volokh Conspiracy]
* Blawging, Flawging & the Mathematical Theory of Information. Also: what do laser hair removal in D.C. and lemon law in Wisconsin have in common? [Associate's Mind]
* Are Americans finally waking up to the higher education bubble? [Instapundit]
Professor Ann Althouse: birthday girl.
* It appears that Joseph Rakofsky, whose handling of a criminal case drew critical comment, struggles on the civil side too. Justice Emily Goodman returned a proposed order of his with this notation: “Decline to sign. Papers are incomprehensible.” [New York Personal Injury Law Blog]
* If you’re a trusts and estates lawyer or a reader of fiction, consider checking out this well-reviewed new novel by Patrick James O’Connor, which takes the form of an extended last will and testament. [Amazon (affiliate link)]
* Happy Birthday, Professor Althouse! [Althouse]
Every so often, people ask us about the “value” of getting an LL.M. degree. Our answer has remained pretty consistent. Is it a tax LL.M. from Georgetown or NYU? No? Then save your money and buy something valuable like gold or drugs. See this graphic (click to enlarge):
Photo credit: some dude on TLS.
But still, people ask: “Is it worth it to get an LL.M. degree?” And obviously, there are a bunch of people who put down good money chasing an extra credential that has little to no impact on their job prospects.
Why? Well, the simplest answer is that LL.M.s are extremely valuable to law school budgets. LL.M.s are so lucrative for law schools that law school deans are willing to lie or become willfully ignorant as to the employment opportunities generated by an expensive post-law school degree.
The National Law Journal made that EXTREMELY OBVIOUS point yesterday (again)….
Continue reading “The Value of the LL.M. Degree? Still Low”
Our school girl is even sexier.
Ah, the high school yearbook photo. Teenage girls spend hours upon hours primping and prepping before stepping in front of the camera for the picture that will forever be remembered as their high school legacy.
And while most high school girls are worried about hiding their acne, or getting their braces removed in time for the big day, one girl in Colorado is busy worrying about whether her school will even allow her photo to be published in the 2012 yearbook.
School administrators say that her attire in her photo of choice violates the school’s dress code, but why? Probably because the photo in question features the teenager posing a bit too provocatively for a girl who just turned 18. She’s considering taking legal action against the school for trampling on her right to free expression.
So who is this mystery girl? What does her scandalous yearbook photo look like? Keep reading for pictures and video of this too-sexy-for-high-school, First Amendment freedom fighter….
Continue reading “Sexy Teen Fights for First Amendment Freedoms Over Slutty Yearbook Photo”
Outgoing NYLS Dean Rick Matasar
Even at the annual meeting of the Association of American Law Schools (AALS), the criticism of the legal education business just flowed. Everybody, it seems, has an opinion on what is wrong with law schools these days.
While many of the law school deans and other administrators at the conference acknowledged problems with the system, most of the actual critiquing came from people with no power to change it. Media members (ahem) criticized law schools, judges criticized law schools, outgoing deans of law schools that shamelessly profiteered off of unwitting law students criticized — and the people who could actually change their systems dutifully listened.
But despite all of the critiques, there weren’t a lot of schools that seemed ready to institute sweeping change to the business of educating lawyers. And why should they? Change won’t come from above, and right now prospective law students are not demanding change from below…
Continue reading “Outsiders Criticize Law Schools, But Will Change Ever Come?”
A little while back, we asked how many of you had tried Adderall, the ADHD drug that some students use to get a boost around study time. A whopping 30% of you said you had tried the drug and 70% of you are lying.
It’s a figure that should make law school deans sit up and take notice. You know, if they weren’t busy figuring out how to charge the students more money for an education that isn’t getting more valuable in any way.
But now let’s ask the fun question. Is using Adderall that big of a deal?
Continue reading “Is Using Adderall to Get Through Exams the Worst Thing in the World?”
The ABA stopped talking and started firing shots.
Well that was fast.
Over the weekend, the New York Times unleashed a feature article about the role of the American Bar Association in keeping the cost of legal education absurdly high. The school profiled in that article, which we talked about yesterday, was Duncan Law School, which was seeking provisional accreditation from the ABA.
The article, by legal academia bête noire David Segal, came out in print on Sunday. Everybody talked about it on Monday. And today, on Tuesday, the ABA denied Duncan its provisional accreditation.
Boom. Roasted.
That’ll teach these law schools to get chatty with the mainstream media about this little legal education cartel they have going here…
Continue reading “Revenge Is Best Served… Quickly: ABA DENIES Accreditation To School That Talked To The New York Times”
I’m really enjoying the newfound interest from the New York Times about the state of legal education. Times reporter David Segal seems genuinely interested in recording the growing tragedy of American law schools.
Concern from mainstream media is great, but the proposed solutions are a little bit scary. Last month, Segal Slate explored the possibility of paying people to not go to law school.
As we mentioned in Morning Docket, Segal is at it again. This time, he’s questioning the American Bar Association’s role in keeping the cost of legal education so high. Unfortunately, the solution seems to be letting everybody who wants to open a law school do so.
Is it worth pushing down the price of legal education by offering really crappy legal education?
Continue reading “To Stop the ABA, Do We Need to Allow Everybody to Start a Law School?”
We mentioned this in yesterday’s Morning Docket, but I think it deserves a full post. For a long time, I have been questioning the value proposition of going to law school. Finally, it seems that somebody who can operate a calculator has my back.
The National Law Journal reports that Jim Chen, Dean of the Louisville School of Law, has come up with an easy-to-apply salary figure to determine whether law school was a financially sound decision on a case-by-case basis.
If you want to go to law school and one day be able to own a home, Chen argues you need to have a salary that is three times your law school’s annual tuition. You need to earn six times your annual tuition if you want to be a truly financially sound home owner if you are carrying three years of law school debt with you.
I’d like for people who constantly defend the value of law school to start pointing out the high-salaried jobs that are needed to make law school worth it….
Continue reading “Don’t Defend Your Law School Until You’re Earning Three Times Its Yearly Tuition”
When I was in school, Ritalin was the performance-enhancing drug of choice. You could smash it up and snort it and do amazing feats like read an entire Emanuel’s Outline on mergers and acquisitions in a single sitting. Or you could write a whole law review note without getting bored. Or you could repaint your room, or reupholster your desk chair, or… oh s**t the paper is due in an hour and I have NOTHING.
Adderall, as I understand it, is the same, but better. It’s easy to get your hands on — all you have to do is fake the ADHD exam and you have your very own prescription for an amphetamine for law school and beyond. Or you can bum one off of a friend as finals stress approaches.
Haven’t you done that? Come on, be honest….
Continue reading “ATL Wellness Survey: Haven’t We All Had a Little Adderall?”
After graduating from college, I had a job interview with Mars. The interviewer asked me, “If you could be a candy bar, which one would you be and why?” I was not prepared for such a difficult question. First, I had to try to recall which candy bars were manufactured by Mars. Second, deciding which candy bar was my favorite was like choosing a favorite child. After a little thought, I responded, “I would be a Twix bar because there are two of them.” In addition to making no sense, my answer revealed a personality flaw that is best not disclosed up front: I am indecisive. And I guess I have a split personality? Unsurprisingly, I did not get the job.
There are a few other issues, beyond choosing my favorite candy bar, that I have difficulty resolving. The issue du jour is whether or not it is worth getting more education to get a (better) job. And I am not just talking about a J.D., I am talking about the Small Business LLM from Concord Law School.
Concord Law School launched its Small Business LLM program in the fall of 2010. Designed to be completed part-time online in two years, the program offers hands-on practical education to equip practitioners or recent law grads with the skills needed to serve small business clients. Tuition is $600 per credit hour, or $14,400 for the program. While Concord does not offer scholarships, there are opportunities for students to obtain outside financial aid and private loans.
Is it worth it? Let’s discuss the pros and cons….
Continue reading “Size Matters: Back to School?”
Downward dog... kind of.
* Protip for Mark Hansen, AT&T’s lawyer: when you want a judge to save your merger plans, it’s probably not a good idea to demand that she make a ruling by a certain date. [Businessweek]
* What’s going on in Cooley Law’s defamation suit against Rockstar05 (other than discussion of whether the school’s attorney understands the tort’s defenses)? An appeal. [Lansing State Journal]
* Getting a prep school education in New York isn’t all it’s cracked up to be. Ask Philip Culhane, Simpson Thacher partner and name plaintiff in the Poly Prep sex abuse suit. [New York Times]
* America, f**k yeah! The Texas division of the Sons of Confederate Veterans is suing the DMV over free speech rights they might not have had if they seceded from the union. [Fox News]
* Yoga guru Bikram Choudhury tried to sue his disciples for infringement of his moves, but he ended up getting it downward doggy style from the Copyright Office instead. [Bloomberg]
* “If you want a good grade, you need to have sex with me.” At the height of finals season, many law students wish this were an option, but apparently it only happens in college. [New York Post]
Does George Will look like the protector of Black America to you?
People who think giving charity to those less fortunate also gives them the right to direct the personal choices of those receiving the charity are some of the worst people on the planet. The biggest offenders are religious organizations: “Ooh, here’s some food. Yes. You like food, don’t you? I bet you’re hungry — I can tell ’cause I can see your ribs. Well, it’s all you can eat in here… first, just say you accept Jesus Christ as your lord and savior. SAY IT. Wonderful. Bon appétit!”
Organizations do it all the time, but there are plenty of individuals who also think giving a guy a buck gives them the right to tell the recipient how to spend the money. This behavior is the worst because it takes what should be a generous gesture (giving somebody money) and turns it into a cheap way to make a BS point about your moral superiority (“If this man did just one thing more like me, he wouldn’t have to beg for my scraps.”).
If you want to help, help. But don’t use “helping” as an excuse to further some ridiculous personal agenda. You’ll just look like an idiot. You’ll just look like George Will prancing around the pages of the Washington Post trying to act like he is against affirmative action because he suddenly wants the Supreme Court to step up to the plate and “help” black people….
Continue reading “George Will’s Disingenuous Idea on How SCOTUS Can Help Black People”
Josh is a very smart kid. I really doubt he would be involved in anything like that. He works hard, and he’s earned everything he’s gotten.
– David Chefec, a “prominent” lawyer, commenting over a week ago on his son’s alleged involvement in the New York SAT cheating scandal. Chefec’s son, Joshua Chefec, surrendered to authorities yesterday morning and was arraigned that afternoon.
How screwed up is legal education these days? One mainstream publication recently published an article suggesting law students should be paid to not go to law school, while the paper of record noted that nobody learns how to be a lawyer in law school anyway.
That’s what it’s come to, folks. Can you imagine Slate, which is owned by the Washington Post, publishing an article suggesting that we should pay M.B.A. candidates to stop going to business school? Can you imagine the New York Times publishing a feature article about how medical students don’t learn anything in medical school?
Welcome to law school, the red-headed stepchild of American professional schools….
Continue reading “Pay to Go to Law School or Get Paid to Quit: You Won’t Be Learning Anything Either Way”
Earlier this week, the Michigan Senate passed anti-bullying legislation that included an exception that allowed religious nuts to bully gay kids if they wanted to. The Michigan Senators who voted for the bill wouldn’t characterize it that way, but let’s just say those jackasses won’t be hosting the Oscars, either.
Yesterday, the Michigan House also passed anti-bullying legislation. This time, there wasn’t an exception for those who want to pick on gay kids. House Republicans and Democrats joined on the bill.
As a person who isn’t a fan of anti-bullying legislation in the first place, I’ve kind of been looking at the developments this week with a feeling of: “You see what happens, Michigan?”
Continue reading “The Battle in Michigan Over Who Gets to Bully Gay Kids Is On”
On the other hand, It might be cool to have a pirate teacher.
The only things worse than obnoxious teenagers are the parents of obnoxious teenagers who still act like obnoxious teenagers themselves.
It is not hard to imagine an angsty teenager, angry at her school, hitting the ‘net and writing cruel words about a school employee on her blog. It’s also not hard to imagine word getting back to the school, and some unpleasant consequences for the student.
What just doesn’t compute is how that scenario translates to a four-year legal saga culminating in an appeal to the United States Supreme Court. And the lawsuit is spearheaded by the teen’s parents.
At least one mother-daughter team believes a 17-year-old’s right to call her teacher a douche bag online is of utmost First Amendment importance. Apparently the Supreme Court does not…
Continue reading “SCOTUS Denies Cert in Teen’s D-Bag First Amendment Suit”
President Barack Obama really thinks recent graduates are stupid. Seriously, he thinks that graduates out there suffering under crushing debt obligations in an economy where there aren’t enough jobs to go around are so dumb that they don’t even know what they want.
Educational debt has been a big part of the Occupy Wall Street protests. Today, President Obama will announce “new” programs to help students in debt. At least, he wants the media to report these programs as “new.” Those who have been paying attention, such as debt-saddled law students, will recognize that there is very little “new” about these programs.
In fact, Obama seems to honestly think that students and recent graduates wouldn’t be so angry if they knew about all the programs already in place.
It’s all a bit patronizing. If the Obama administration had really been paying attention, they’d know that recent graduates want meaningful reform, not the piecemeal incremental efforts that we’ve seen so far….
Continue reading “Obama’s ‘New’ Plans For Student Debt Are Not New In Any Way”
