Education / Schools

Puff, puff, pass those voter initiatives.

* This failed firm’s drama is the Biglaw gift that keeps on giving: Dewey & LeBoeuf’s bankruptcy trustee filed an amended complaint against Steve DiCarmine and Joel Sanders seeking the return of more than $21.8 million. [WSJ Law Blog]

* Norton Rose Fulbright elected someone who “love, love, love[s] the law firm” as U.S. managing partner, and she’s the first woman to ever serve as U.S. chair of its management committee. We love, love, love this news! [National Law Journal]

* According to a California judge, tenure laws are unconstitutional and are depriving students of the high quality of education they deserve. The end is nigh, law professors. Enjoy it while it lasts. [New York Times]

* Not all states have legalized the recreational use of marijuana, but it’d be a lot cooler if they did. The tide is turning across the United States, and we’ll soon see which states’ drug laws go up in smoke. [Slate]

* “Document review attorneys are in demand now but the demand will gradually decrease.” Sorry to be the bearer of bad news, but the one job you were able to get soon won’t need or want you. [InsideCounsel]

This should be a no-brainer.

– President Barack Obama, who once profited from ridiculous tuition rates, after signing a memorandum expanding a program to cap student loan repayments at no more than 10 percent of what borrowers actually earn in the workplace. The President’s comment was directed at a related bill in Congress to allow student borrowers to refinance their loans at lower rates.

Last week, LSAC agreed to pay $7.73 million in penalties and damages to some students who applied for special accommodations on the LSAT and to reform some of its allegedly discriminatory practices. Elie wrote about the story in a post entitled “The LSAT Can’t Discriminate Against the Disabled: So, Time For Everybody To Get ADD.”

I agree with some of LSAC’s past policies and am happy to see others, like the flagging of score reports, go. I think that it’s hard, though, to contribute much to this conversation by worrying about people faking their way through an ADD exam . . . without knowing what an “ADD exam” means in this setting. It’s hard to move the issue forward by insisting that LSAC discourage abuse without being unfair. . . without knowing what LSAC has done in the past and why.

I’ve worked as a clinician administering many of the tests used to assess learning disabilities and difficulties, and I’ve helped individuals whose tests show they need intervention. (My favorite may be the Woodcock – Johnson Battery, just because of its name.) I currently use cognitive science to study how people best learn in law school. I may not be an authority like Dick Woodcock, but you could do a lot worse than me on a legal blog. So, I’d like to fill out the picture in the LSAC story a bit more….

double red triangle arrows Continue reading “How Easy Is It To Fake Out LSAC? On The LSAT And Accommodations For Learning Disabilities”

I’m not sure whether or not this adds to the debate over affirmative action programs in schools, but in a truly stunning display, a student turned in a constitutional law paper on the Reconstruction Amendments with a small aside about her personal struggle with discrimination as a black woman.

Except she’s white.

Maybe she’s laying groundwork early to get on a law review somewhere other than Chicago?

double red triangle arrows Continue reading “Easiest Way To Get Caught Plagiarizing? Forget You’re White!”

Ed. note: Above the Law will not be publishing on Monday, May 26, in observance of the Memorial Day holiday.

* Who cleans up after Godzilla rolls into town? I figure it’s Damage Control. [The Legal Geeks]

* So we all know University of Texas Law admits politically-connected students with bad grades and scores. But did you know they let in someone with a 128 on the LSAT? ONE. TWENTY. EIGHT. [Watchdog.org]

* Do we even need the Supreme Court? Well, that’s one way to get RBG to retire. [Huffington Post]

* Seriously, the Boston Public School system is eliminating its history department. [Lawyers, Guns & Money]

* Yesterday I talked about a devastating takedown of the latest National Review article contending that sexual assault is no big deal. Perhaps I crowned a champion too soon, because this is an even better whipping of that article. [Concurring Opinions]

* Wait, ID laws ultimately suppress voter turnout? What a surprise! [Election Law Blog]

* The last word in the death penalty debate after the jump… [The Onion]

double red triangle arrows Continue reading “Non-Sequiturs: 05.23.14″

As we previously mentioned, LSAC and the Department of Justice have entered into a consent decree over LSAC’s alleged discrimination against disabled people. LSAC agreed to pay $7.73 million to settle the claims against it, and to make policy changes. Most notably, LSAC will no longer denote when a person has received extra time on the LSAT.

That is great news for disabled people who want to be treated with fundamental fairness when taking this important test and applying for law school. It’s also great news for anybody who can fake their way through an ADHD exam and wants a little more time than everybody else…

double red triangle arrows Continue reading “The LSAT Can’t Discriminate Against The Disabled: So, Time For Everybody To Get ADD”

UPDATE (5/17/2014, 6:00 p.m.): This piece proceeds on the premise that “Lisbeth” (the woman on whose behalf the fundraiser and Protecting Lisbeth Facebook page were created) and author of the Thought Catalog essay and Protecting Lisbeth blog are the same person. Though the parties involved currently remain anonymous or pseudonymous, this premise appears to be false. I regret any error or confusion.

In an essay for Thought Catalog called “I Had an Affair with My Hero, A Philosopher Who’s Famous For Being ‘Moral,’” an anonymous graduate student describes her soured romance with a prominent professor from another university and how she learned that he initially hid his history of pursuing other young women. Shortly thereafter, her friend started a campaign to crowd-fund expenses for legal action. They created the pseudonym “Lisbeth” for the essay’s author. Under the heading “Help us sue the school protecting a known rapist,” the fundraiser’s description now reads, “I’m Emma Sloan, Yale 2010. My dear friend is suing the professor who tried to rape her and the university for knowingly protecting him. Thanks to donations from our generous supporters, she can afford the $7000 retainer for a forensic psychiatrist.”

The Chronicle of Higher Education reported on the case. Many within the academic community have joined the fray, whether to champion Lisbeth’s cause, attach it to broader gender equality concerns, express doubts, or simply gossip.

Title IX obligates schools that receive federal funds to address sexual violence or harassment on their campuses. To pursue a grievance or official complaint, the person need not herself be the victim of the alleged discrimination. Someone who claims to be the actual victim of a Title IX violation has the additional right to pursue her claim in private litigation against the university. If she can show that the school was deliberately indifferent despite actual knowledge of the misconduct, she can win injunctive relief or money damages for her injuries. Yale’s Title IX coordinator, Stephanie Spangler, is investigating Lisbeth’s claims.

So, where exactly did this professor’s alleged conduct pass from merely smarmy to worthy of legal sanction?

double red triangle arrows Continue reading “The Crowd-Funded Sexual Misconduct Case Against A Yale Professor May Not Hurt Who You Think It Does”

Entry-level Biglaw salaries soon?

* The times are a-changin’ for Biglaw in many ways, and lawyers may soon see their starting pay take a dive because clients think they “continue to be too expensive.” [WSJ Law Blog]

* Foley & Lardner plans to shutter its San Diego shop, following in the footsteps of other Biglaw behemoths. Not to worry, no one’s been laid off — that we know of, that is. [Am Law Daily]

* Say hello to Alabama Law’s new dean, Mark Brandon. Maybe he’ll be the man to propel the school to a #5 ranking in a publication other than National Jurist. ROLL TIDE! [National Law Journal]

* Earlier this week, an Idaho judge struck down the state’s ban on gay marriage, and now she’s refusing to issue a stay. Good on you, judge, but the Ninth Circuit may put those marriages in limbo for a while. [NPR]

* Speaking of judges who’re refusing to stay same-sex marriage rulings, last night, the Arkansas Supreme Court turned down the state attorney general’s request to put a stop to marriage equality. [USA Today]

* A lawyer working as Board of Education president in Mahopac, New York, resigned from his position after calling a PTA volunteer a “chubby wubby” at a school board meeting. That’s not very nice. [Journal News]

Dzhokhar Tsarnaev

* If you want to become a Supreme Court justice, you can start by attending one of these three schools. The schools that produced the most justices are Harvard Law, Yale Law, and Columbia Law. [TIME]

* Many of the transactional practice areas that took a bruising during the height of the recession, like corporate work, M&A, real estate, and tax, seem to be coming back. Sorry litigators. [WSJ Law Blog]

* Following Oklahoma’s botched lethal injection, another death row inmate has been given a new lease on life — for the next six months — while an investigation is being carried out. [Associated Press]

* Members of the defense team for accused Boston Marathon bomber Dzhokhar Tsarnaev not only want their client’s comments after arrest stricken from the record, but they also want the death penalty off the table. Good luck. [CNN]

* A lawyer was arrested after a school board meeting because he complained for too long about a graphic sex scene in a book his daughter was assigned to read for school. That’s typical. [New York Daily News]

A Supreme cat fight?

* Footnote fight! Justice Sonia Sotomayor has been clashing with quite a few of her fellow Supreme Court jurists lately, aside from Chief Justice John Roberts. She recently inspired the wrath of Justice RBG herself. [New York Times]

* After months of being poked and prodded for cash, 60 former Howrey equity partners have reached clawback deals with bankruptcy trustee Allan Diamond, and it looks like a few of them agreed to pay pretty hefty sums. [Am Law Daily]

* Here’s a headline we could’ve told you was coming: “The US lawyer bubble has conclusively popped.” It’s not a terribly good decision to attend now, but if you do, people who can’t pay you need your help. [Quartz]

* Cutting law school tuition may be a good idea to attract more students, but in the long run, it could hurt the schools, says Moody’s. Aww, let us shed some tears for those poor law schools. [WSJ Law Blog]

* Crim Law prof not guilty of… crime. Stephen Smith of Notre Dame Law was acquitted on a misdemeanor invasion of privacy charge, and the felony battery charge he faced was dismissed. [South Bend Tribune]

* The University of Arizona will be the first school in the U.S. to offer a bachelor’s degree in law. The degree is being marketed to people who eventually want to have lots of law-related debt. [National Law Journal]

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