Education / Schools
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Government
This Is Not A President Who Values The First Amendment
There are many contemporary threats to First Amendment values, the most alarming being the current president. -
Law Schools
First Monday Musings By Dean Vik Amar: Sensitivity To The Possibility Of Long-Term Podium Pullback By Universities
The concern about the heckler’s veto is real, and important. But so too are universities’ concerns about safety and cost. - Sponsored
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Non-Sequiturs
Non Sequiturs: 03.24.19
* In the wake of Justice Anthony M. Kennedy’s retirement, I predicted that Chief Justice John Roberts, a staunch institutionalist when it comes to the Supreme Court, would serve as a moderating influence at SCOTUS — and so far that seems to be the case, with Adam Feldman noting a “a mild liberalizing over time” in JGR’s jurisprudence. [Empirical SCOTUS]
* Speaking of SCOTUS, it’s high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, according to Orin Kerr. [Volokh Conspiracy / Reason]
* The Trump Administration’s new executive order about free speech on university campuses might harm rather than help the cause of academic freedom, as Paul Horwitz points out. [PrawfsBlawg]
* Republicans aren’t the only ones with purity tests for judicial nominations; Demand Justice, a left-wing group focused on the federal judiciary, has high standards for Democratic opposition to Trump nominees. [Bench Memos / National Review]
* While you wait for the 2019 edition of Above the Law’s law school rankings, check out the latest installment of the “revealed preferences” law school rankings, by C.J. Ryan and Brian L. Frye. [SSRN]
* What’s next for Kira Systems, a leader in the world of legal AI? Co-founder and CEO Noah Waisberg isn’t resting on his laurels — and he’s putting that $50 million investment from last September to work. [Artificial Lawyer]
* Fastcase continues to forge new partnerships — and in its latest alliance, it will give its subscribers access to select titles from the American Bar Association (which, full disclosure, published my book (affiliate link) in 2014). [Dewey B Strategic]
* If you’ll be in New York this coming Wednesday, consider attending the inaugural Kenneth P. Thompson ’92 Lecture on Race and Criminal Justice Reform at NYU Law School, focused on wrongful convictions and the roles of prosecutors and others in the criminal justice system. [NYU Law]
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Law Schools
How Will The 'Access To Education' Scandal Impact Access To Justice?
Kids who might have gone to elite undergrad institutions and would have had a chance at law school may be overlooked in the law school application process. -
Education / Schools
The College Admissions Scandal Shows How Broken The System Is And Why No One Is Willing To Make Changes
Is anyone willing to fix this? Or will the status quo remain the same forever? -
Non-Sequiturs
Non Sequiturs: 03.17.19
* With Justice Anthony M. Kennedy off the Supreme Court, who has replaced him as the justice most often in the majority? The answer might surprise you (but note that this is based on only part of the Term). [Empirical SCOTUS]
* Speaking of SCOTUS, what does its recent copyright ruling in Fourth Estate v. Wall-Street.com mean for creators? Here’s a clear and concise breakdown. [All Rights Reserved]
* In the wake of the giant college admissions scandal, is it time to rethink how elite institutions admit their students? David Orentlicher offers this proposal for reform. [PrawfsBlawg]
* Joel Cohen suggests that perhaps Ty Cobb should have kept his praise of Robert Mueller to himself. [The Hill]
* What’s the state of U.S. Philippines relations, including the 1951 Mutual Defense Treaty, in light of expanding Chinese influence in southeast Asia? It’s complicated, according to Mark Nevitt. [Just Security]
* How has the judicial confirmation process changed under President Donald Trump? Pretty significantly, as Thomas Jipping explains. [Bench Memos / National Review]
* Congratulations to the latest winner of the Joseph Story Award, Professor Samuel Bray — who delivered an acceptance speech that’s well worth your time. [Volokh Conspiracy / Reason]
* Is a federal law that prohibits federal agencies from using equipment from the controversial Chinese company Huawei an unconstitutional Bill of Attainder? Easha Anand, Charlie Gerstein, and Jason Harrow tackle this question, and more, in the latest episode of Versus Trump. [Versus Trump via Take Care]
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Education / Schools
Can We Now Address Legacy Admissions? Or Will We Keep Focusing On Affirmative Action In A Silo?
Inequality begets inequality. And we are only becoming more unequal. -
Courts
Asian Americans v. Harvard: A Closer Look
What are the key issues in the case, and when can we expect a ruling? - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Constitutional Law
Respect For Due Process Can Be Brutally Tough, But Always Necessary
In cases of rape, due process is traumatic, and it makes the constitutional right often difficult to accept. -
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Courts
First Edward Blum Came For The Voting Rights Act, Now He Aims To Gut Affirmative Action With The Help Of Asian Americans
Blum’s organizations attempt to choke our country’s educational institutions’ ability to take race into account in their admissions policies. -
Non-Sequiturs
Non-Sequiturs: 09.23.18
* In case you missed it amidst all the craziness of last week, Monday was Constitution Day — and as Judge Don Willett reminds us, it’s up to us to keep our constitutional republic strong. [Wall Street Journal]
* The Supreme Court clerk class of October Term 2008: where are they now? Derek Muller has tracked them down. [Excess of Democracy]
* Senator Dianne Feinstein is under fire, and not just for her handling of the Kavanaugh nomination — but she’s still likely to emerge victorious in November, as Kashmir Hill reports. [Splinter]
* The past 12 months haven’t been easy for superlawyer David Boies — but he’s still very busy (and also a bit wiser), as he tells Jim Stewart. [New York Times]
* It’s only a matter of time before the Supreme Court has to address the rights of transgender students under Title IX, according to Justin Driver — who’s the author of a buzz-generating new book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind (affiliate link). [Reason / Volokh Conspiracy]
* If you’re looking for advice about discipline, focus, happiness, and relationships — and who isn’t? — here’s a podcast you might want to check out. [University of Good / SoundCloud]
* Law firm mergers are notoriously hit or miss — so this new M&A intelligence tool from ALM could come in very handy. [Dewey B Strategic]
* Congratulations to the six new participants in LexisNexis’s third Silicon Valley Legal Tech Accelerator program! [Artificial Lawyer]
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Law Schools
If U.S. News Really Wants To Improve Social Mobility, They Need To Include Tuition In Their Rankings
Including tuition in the rankings would incentivize college administrators to cut costs.
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Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Legal AI: 3 Steps Law Firms Should Take Now
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Small Law Firms
To Ma’am, With Love: Teacher Leaves Million-Dollar Bequest To School District For Establishment Of Scholarships
Her gift will establish scholarships for special education students seeking post-high-school educations. -
Morning Docket
Morning Docket: 08.27.18
* Ken Starr has a new workplace to disgrace! [Law.com]
* One of the lawyers who spoke at a recent Nazi rally has been disbarred. [Daily Beast]
* Verizon is now apologizing for its decision to throttle the data of firefighters battling Western blazes, claiming it should not have throttled their data. The company should be apologizing for having a system that automatically artificially caps data in an effort to bleed money out of consumers, but they’re not going to be doing that. [Courthouse News Service]
* A collection of legal remembrances of John McCain. Eric Holder appears to leave out the whole “McCain fought against Martin Luther King Day” part in his reverential message. [National Law Journal]
* Former critic named UVA’s top lawyer. [Corporate Counsel]
* Wait, there are helicopter parents in law school? Cut the f**king cord, people. [Legal Talk Network]
* The U.S. government’s criminal jurisdiction still requires at least some tie to the United States. [Law360]
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Morning Docket
Morning Docket: 08.21.18
* Michael Cohen is talking to John Dean because 2018 is the new 1973. [WTOP]
* Shocking no one, John Dowd doesn’t understand basic laws. [Washington Post]
* Andrew Cuomo signed a bill cracking down on bad prosecutors. He’s been in office for 7 years but he finally got around to this because Cynthia Nixon said something about criminal justice reform. [Law360]
* UNC students toppled a confederate statute because the school wasn’t doing anything about it. [Huffington Post]
* Will elite Biglaw firms suffer from mid-tier competition? Probably not, but maybe. [American Lawyer]
* Microsoft identifies more Russian hacking efforts because Microsoft is our default government now. [Courthouse News Service]
* Georgia is trying to kill kids. [AJC]
* FIFA fired its lawyer so if you want a job facilitating international graft on an epic scale, here’s your chance. [NY Times]
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Technology
School Board Demands Journalists Be Punished For Reporting On The School Board's Redaction Failure
Sometimes lawyers need to understand basic technology. -
Morning Docket
Morning Docket: 07.27.18
* Papa John has filed suit against his former company in a bid to protect his legacy as America’s foremost “racist guy who makes bad pizza.” [Wall Street Journal]
* While everyone prattles on about Trump’s tapes, the government just blew another deadline to reunite the children they kidnapped with their parents. [Courthouse News Service]
* Troubled law school Arizona Summit trying to get ASU to take its students if or when it loses accreditation. By the way, if you want to hear an in-depth discussion about the problems with Arizona Summit and its sibling schools, check out this. [AZ Central]
* Speaking of independent law schools, the landscape for these programs — for-profit or not — is getting harder. [Law.com]
* Lawsuit seeking to desegregate Minneapolis schools is moving forward. [MinnPost]
* Government argues that Evan Greebel deserves 5 years for his role in aiding Shkreli. [Law360]
* Former Biglaw associate accused of ripping off Harlem church. [New York Law Journal]
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Law Schools
Majority Of Undergraduate Students Will Never Apply To Law School
Here's a new study that'll squash deans' hopes and dreams of overflowing classrooms and burgeoning budgets. -
Education / Schools
Trump Reverses Obama Guidance On Affirmative Action, As The White Supremacist Takeover Continues Apace
To be honest, I'm surprised it took them this long to do this.