Education / Schools

* The Ed O’Bannon suit against the NCAA will proceed to trial in June barring settlement. Football writer/genius Spencer Hall put it best when he described the hearing as “a judge looks at amateurism and says ‘this is bulls**t’ in legalese.” [Sports Illustrated]

* McCutcheon will usher in even more campaign finance excess, but could alleviate gridlock. Plutocracies are efficient! [Election Law Blog]

* Hold the phone! Coerced confessions aren’t admissible? Next thing you’ll tell us is waterboarding is illegal. Thanks Obama. [New York Law Journal]

* Juror who couldn’t stop using Facebook didn’t cause a mistrial because he didn’t post any details about the case. In other news, he really needs a goat in FarmVille you guys, so if anyone can hook him up, that’d be great. (Alternative heading for this one: “11 Angry Men, 1 ‘Likes This’”) [IT-Lex]

* Disbarred lawyer mistakenly allowed to serve as a judge. But only for about 16 years, so it’s all cool. [Washington City Paper]

* “The first thing we do, let’s kill all the [Baby Boomer] lawyers.” [Law and More]

* A California lawsuit argues that pro-teacher policies in the state are hurting education. The defendants point to the fact that California’s educational administration and funding in the state is best described as a “sh*tshow.” Experts are fighting it out with some novel metrics. [The Expert Institute]

* * Elie talks about the new ad for cameras in the Supreme Court and the EPA’s power to regulate greenhouse gases on Legalese It! with Mike Sacks. Video embedded below… [Huffington Post Live]

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It takes a certain kind of personal-injury lawyer to look at the facts of this glittering night and wrest from them a plausible plaintiff and defendant, unless it were possible for Travis Hughes to be sued by his own anus.

Caitlin Flanagan, regaling readers with the tale of Louis Helmberg III v. Alpha Tau Omega Fraternity and Travis Hughes, in a hard-hitting piece documenting her investigation into Greek fraternity houses and their “endemic, lurid, and sometimes tragic problems.”

In the Helmburg case, the plaintiff sued for his injuries after falling off ATO’s deck and becoming wedged between it and an A/C unit. Prior to his fall, Helmsburg reportedly attempted to use his cellphone to film Hughes shooting a bottle rocket out of his ass. Instead of soaring into the air, the bottle rocket exploded in Hughes’s rectum. Helmberg was so startled he tumbled off the deck.

(Special things like this happen at frats regularly. Read on to see the complaint.)

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Senator Marco Rubio (R – Fla.) has often said publicly that he personally still owed more than $100,000 in student loans when he joined the U.S. Senate in 2011. He only paid off his nearly $150,000 in debt after law school with the proceeds of his autobiography in December of 2012. Rubio and fellow senator (and law school graduate) Mike Lee (R – Utah) are young enough to be personally aware of the miasma surrounding higher ed — and especially higher ed funding — in the United States. It makes sense that they would lead the way toward reform. Apparently, they are.

In the past few days, the lawmakers have been popping up in public, touting efforts to reform higher education. Let’s take a look at the reforms they suggest….

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A lot of ink is spilled over whether or not law schools are failing to produce “practice ready” lawyers. What does it mean to be practice ready? There really isn’t a great definition. I mean, do we want law students to walk out prepared to run their own firms? Argue before the Supreme Court? Draft a credit-default swap agreement from memory? Serve as a bankruptcy trustee? How much practical know-how should we demand our law schools instill?

That doesn’t really matter, “practice ready” looks great on a bumper sticker.

For my money, the phrase means lawyers prepared enough not to drool on their desks when a partner (or supervisor or judge) starts showing them the way they want their young lawyers to practice law. Because make no mistake, lawyers are always practice unready in the eyes of their employers until they do the job exactly the employers’ way. This is why clinics serve an important role in law schools. Not that 6 months of being a glorified paralegal builds a wealth of practical legal know-how, but because 6 months of trying to figure out how to deploy what you do happen to know to satisfy a demanding legal boss is the soul of being a junior lawyer.

To that end, there’s a new ranking of the top clinical programs in law schools with some surprising (or not, depending on your point of view) results….

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Let’s play the game where we spot unenforceable contractual clauses and laugh at people who are afraid of modernity.

Actually, let’s play the game where we marvel at how good it must be to be a university president, even at a small school that most people have never heard of. Then we can imagine all the personal freedoms we’d willingly give up if we could in order to have such a life. Because I can think of a number of unmarried women who would cede control of their bedroom to the state in order to have such a sweet job….

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We are not talking about all white people, or you white people in general. We are talking about whiteness as a system of oppression.

– Professor Shannon Gibney, an English professor at Minneapolis Community and Technical College, during an in-class discussion about white privilege. Issues involving Professor Gibney have given rise to student complaints, faculty reprimands, and litigation….)

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Ed. note: Frank H. Wu is the Chancellor and Dean of the University of California Hastings College of the Law. He’s currently sharing some of his thoughts about legal education and other topics here on Above the Law.

Whether teaching is an art or a science, it requires much more than knowledge of the substantive subject. An understanding of the material is necessary but not sufficient. Effective teaching also demands that the teacher and the students as a group develop a relationship of mutual respect and trust. The classroom dynamic is paramount.

This semester, I co-taught a class with Professor Roger Park. I mean a single class session, not the whole course.

It was terrific to be back in the classroom. That is the point of the entire enterprise in which we are engaged. A law school exists to train people to become advocates and counselors.

The experience reminded me of the importance of rapport based on the implicit pledge that the teacher is on the same side as the students. I have an opinion about effective pedagogy that may seem radical but is not really upon reflection. My hypothesis is that there is not much correlation between knowledge of a subject and success in communicating it to others…

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The Donald

I assure you I have many more important things to talk to the president about than the fact that we busted this penny-ante fraud…. [Trump] seems to be the kind of person who goes to the Super Bowl and thinks the people in the huddle are talking about him.

– New York Attorney General Eric Schneiderman, speaking to Vanity Fair about Schneiderman’s lawsuit against Trump University. According to Vanity Fair, “Trump claims that Schneiderman cooked up the lawsuit after visiting with President Obama.”

In battles between university presidents and law deans, the university president always wins. The university presidents have the backing of boards of trustees who barely know what is going on. Law deans usually don’t have the ear of the powerful people who actually make decisions about how universities are run.

But not this time; this time everybody loses. The dean who challenged his president is no longer the dean, but the president is now no longer a university president. And the law students… well, they were probably screwed a long time ago…

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Nobody wants to take my side when I say that humiliation should not make you legally culpable for somebody else’s suicide, but I hope we’re all starting to see the dangers of letting these anti-bullying laws (and the scared parents who support them) go unchecked and unopposed. As seen around the internet, a Texas high school football team is being investigated for “bullying” another team that it beat 91-0.

That’s right folks, one parent thinks that running up the score in high school football could be bullying. I bet that parent is also pissed off that little Johnny didn’t get a participation trophy for being on the losing side of a 91-0 score. There are any number of valuable lessons children can learn from a total defeat. These include: getting back on the horse after getting knocked down, the value of a lost cause, hell, even learning when to quit because you are completely outmatched and might hurt yourself is a useful lesson in cultures that value living to fight another day.

But no, this parent wants the kid to learn that even when you get the snot kicked out of you, fair-and square, you should still figure out if there’s anybody you can whine and complain to because the mean boys didn’t let you have a touchdown.

Since this is Texas, I’m forced to blame Ted Cruz: obviously his sore loser approach to national politics is starting to affect his constituents…

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