Education / Schools

Finally. The Supreme Court has issued its long-awaited ruling in Fisher v. University of Texas, the closely watched affirmative action case.

And the result might surprise you. Justice Anthony M. Kennedy wrote for the Court, which should shock no one. But here’s a surprise: the vote breakdown was 7-1 (with Justice Kagan recused).

How did Justice Kennedy garner seven votes for a ruling on one of the most controversial issues of our time?

double red triangle arrows Continue reading “The Supreme Court Surprises in Fisher v. University of Texas”

* Today is most likely going to be a banner decision day for the Supreme Court, so in wild anticipation, SCOTUS expert Nina Totenberg was on call to answer some need-to-know questions for the people about the innermost workings of the Court. [NPR]

* One of the opinions we hope will drop at the Supreme Court today is that of the Fisher v. Texas affirmative action case. If you want some hints on how the three justices who attended Princeton (not counting Kagan) might rule, check this out. [Daily Princetonian]

* Justice Samuel Alito is out in Texas where he threw the first pitch — “a bit wide of the plate” — in last night’s Rangers game. Will SCOTUS unleash anything important in his absence? [Washington Post]

* Meanwhile, while we eagerly await decisions in the gay marriage cases next week, consider for a moment the possibility that this is all just but a gigantic train wreck waiting to happen. [New Republic]

* Things are heating up in North Dakota where the battle over abortion regulations continues to rage on. What a shame, especially since we supposedly took care of this stuff in the early 70s. [ABC News]

* “If this is what these women signed up for, who is anybody to tell them differently?” Two pimps were acquitted of sex trafficking after prostitutes testified on their behalf. [Thomson Reuters News & Insight]

Amanda Bynes

* Let’s get ready to rumble! Some of the Supreme Court’s most controversial opinions yet are expected to be rolled out in the coming weeks — and maybe even today. Stay tuned for news. [CNN]

* Let’s see what happens when Obama nominates three judges at once to the D.C. Circuit. How many of them will be confirmed as quickly as Sri Srinivasan? Probably not many. [New York Times]

* White House counsel and leading litigatrix Kathryn Ruemmler is best known for her fabulous shoes, but this week, she’s taking some flak for her involvement in the IRS scandal. [New York Times]

* “I don’t know whether the Lord Himself could get confirmed at this point.” It looks like poor Attorney General Eric Holder doesn’t have very many people left to turn to thanks to executive and congressional inaction. [Bloomberg]

* When it comes to recent diversity efforts in Biglaw there’s an ebb, but not really a flow, and it’s all being blamed on the recession. Also, “diversity fatigue” is apparently a thing now. [New York Times]

* The $200 million gender discrimination suit filed against Greenberg Traurig over the firm’s alleged “old boys club” has been settled for an undisclosed amount. You go girl! [Thomson Reuters News & Insight]

* According to Judge Murray Snow, Arizona’s most beloved sheriff, Joe Arpaio, has been violating the constitutional rights of all of the Latinos whom he supposedly “hadn’t” been racially profiling. [Reuters]

* My, how things change: David Blankenhorn, a man who once testified as an expert witness in support of Proposition 8 at trial, has come forward to condemn anti-marriage equality laws. [Los Angeles Times]

* Stewart Schwab, the dean of Cornell Law School, will step down in June 2014. Perhaps the next dean will crack down on the number of cam girls pleasuring themselves in the law library. [Cornell Chronicle]

* Law schools tend to be “bastions of liberalism,” which makes it hard for students to find intellectual diversity. It’s a good thing we’ve got the Federalist Society to balance things out. [Washington Times]

* People who think Washington needs another law school propose one for students “who can’t afford to … go into debt … to get their legal degree.” This won’t sit well with the legal academy. [News Tribune]

* With Lindsay Lohan stuck in rehab, Amanda Bynes decided it was her turn to go wild. The retired actress says she’s suing the NYPD for unlawful arrest and sexual harassment. [New York Daily News]

* Alton Lemon, the Supreme Court plaintiff behind the eponymous Lemon test, RIP. [New York Times]

* Congratulations to Sri Srinivasan on his unanimous confirmation to the D.C. Circuit. Fun Fact: Sri Srinivasan played high school basketball on the same team as Danny Manning. No joke there, it’s just a random fun fact I know about him. [USA Today]

* Should health care cover sex for people with disabilities? Sure, but spring for the Cadillac plan so you don’t get stuck with Helen Hunt. [PrawfsBlawg]

* The federal government has almost $5 billion invested in law schools. That’s around 4.4% of the total federal investment in higher education. So screw you future microbiologist, we need moar lawyerz! [Law School Cafe]

* Skadden covertly recruited its lawyers and staff best versed in Star Wars to sort through the intellectual property rights to 209 characters to make sure Disney successfully acquired the proper rights for every core character. If they had any decency they’d just let Jar Jar go. [Hollywood Reporter via ABA Journal]

* Law school to reconsider applicant it dinged the first time around. As Paul Caron notes, “Money quote from Dean: ‘we wanted to make sure that we weren’t taking advantage of them.’” How magnanimous of you to reconsider taking their money. [Tax Prof Blog]

* Judges manipulated the system to promote a vendor they personally operated on the State’s time. That’s one way to pad that judicial salary. [Washington Times]

* Kirkland and Ellis associate Roy Cho is mulling a run for Congress in New Jersey. It’s not official yet, but he has set up a campaign-ready Twitter account, and in politics that’s like changing to “In a Relationship” on Facebook. [NJ Herald]

* Zachary Cohn, age 6, drowned after becoming entrapped in the drain of his family’s swimming pool. The Connecticut Superior Court recently finalized a combined settlement of $40 million to Zac’s estate. Now his parents have taken all of the net proceeds from the case to establish The ZAC Foundation to tackle the nationwide issue of pool suction entrapment in private and public pools and to improve overall water safety. [Daily Business Review]

* The gender and age discrimination suit between Pat Martone and Ropes & Gray settled. [Thompson Reuters News & Insight]

* The Times Publishing House is suing a 22-year-old law student for defamation. A newspaper suing a new media reporter with the very laws that land them constantly in court? *Cuts off nose to spite face* [Spicy IP India]

Some of his best friends were ‘takers.’

In 1920, Lydia C. Chamberlain, a woman from Des Moines who moved to Manhattan, donated her $500,000 estate to create a fellowship at Columbia University. The fellowship had a few restrictions. Notably, recipients were not allowed to study “law, medicine, dentistry, veterinary surgery or theology.” Ha. Seems reasonable. Oh, and the recipients had to be from Iowa and had to move back to Iowa after completing their studies.

This kind of dead-hand control should really not be allowed in our modern, global society, but that’s not why the “Lydia C. Roberts graduate and traveling fellowships” is making news today. It’s making news because the other restriction is that recipients of the fellowship have to be white. “Of the Caucasian race” is the exact formulation.

This isn’t just a story about racism, it’s a story about institutional advantages white people have that some of them pretend to not even be aware of…

double red triangle arrows Continue reading “Columbia Scholarship Scandal Shows How White People Are Still Helped By Institutional Racism”

I have been thinking about how to explain the Am Law 100 rankings to a layman. Quite frankly, there is little use in trying to engage in a productive discussion of the rankings with colleagues. One segment of the Biglaw population is fixated on the fictional profits-per-partner figure, while another marvels at the “global reach” and exploding headcounts of the giga-firms. Some like to talk about the firms they interviewed with in law school, while others only care about the firms that have stronger resources in their practice areas. If you are in Biglaw, or hoping to be, you will come up with your own way of making sense of it all. Have fun.

What is more interesting to me is the following question: How can a normal person relate to this year’s Am Law 100 rankings? Put another way, if I was told that I was eligible for a large cash prize if I could explain the Am Law 100 chart to ten random strangers in a way that was compelling to them, what would I say?

Think about your own answer, then keep reading….

double red triangle arrows Continue reading “Buying In: Some Reflections on the Am Law 100 Rankings”

“I saw the best minds of my generation destroyed by madness, starving hysterical naked.”

– Allen Ginsberg, Howl

I am supposed to be paying something on the order of $2,500 a month in student loan repayments. I currently make a shade over $55,000 a year which, after taxes, comes out to a tick under $3,200 a month. Please don’t mistake me for a braggart, dear reader, as I am a man much like yourself. I get up every morning and slip my cheap suit on one pant leg at a time. Just like you! It’s just that, after my threadbare suit is hanging from my gaunt frame, I have dozens of dollars to my name. Dozens.

If you are reading this website, you are well-acquainted with the state of student debt in this country. Above The Law, once a bastion for bottles, models, bonuses, and benefits, covers the hangover now too. The hangover is a useful start for any consideration of debt in this country, as it turns out. Shot through with the morality that only the descendants of Puritans can muster, debt in this country is treated not unlike a sexually transmitted disease or pleated pants: it’s moral turpitude that led you here.

Remember kids, banks will never ever ever forget your student loans. They may forgive them, though. As if they’re handing out papal dispensations from on high, banks are passing moral judgment even when your duties as a debtor may be discharged.

This is the moral universe we currently reside in. And it’s one that has seriously warped consequences.

This story is about Nazis and sex slavery…

double red triangle arrows Continue reading “Nazis! Sex Slaves! Debt!”

Banks need panic buttons. Jodie Foster needs a panic room. I only panic when it’s nine in the afternoon. But the thought that American law schools should have a panic button in their career services office didn’t occur to me until I attended the NALP panel on spotting mental health issue in the law school community.

The panel consisted of Hanna Stotland, a career and admissions consultant; Dr. Nada Stotland, Professor of Psychiatry at Rush University Medical Center; and William Chamberlain, Director of Career Services at DePaul Law School.

I thought I was in for a touchy-feely hour about how it’s wrong to exclude the awkward gunner in the front row from all the reindeer games. Instead it was a sobering medical breakdown of the mental illnesses that afflict 20 percent of law students — and what career services officers can do to help stop people from literally killing themselves, which happens at way more law schools than I realized.

And yeah, your CSO should probably get a panic button installed if it doesn’t have one already….

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A needed essential for Justice Breyer?

Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!

* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]

* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]

* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]

* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]

* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]

* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]

Is D.C. the capital of… crazy lawsuits?

People love to complain that D.C. is a dysfunctional city. That may be a bit harsh. Despite the partisan gridlock, sometimes deals can be reached in Congress — for example, the new gun control compromise measure in the Senate.

And the city itself is a much more appealing city to live in these days. The recent, taxpayer-financed boom in D.C. has led to improved restaurants, nightlife, shopping, and residential options. (I used to live in D.C., from 2006 to 2008, and I continue to visit frequently.)

But the lawsuits coming out of the nation’s capital — well, they’re still pretty crazy. Time for some quick updates on the insanity….

double red triangle arrows Continue reading “Crazy D.C. Lawsuit Potpourri: A Discrimination Case Against Georgetown Law, and a Sidwell Friends Sex Scandal”

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