Erwin Chemerinsky

SCOTUS broke this Con Law nerd’s heart.

We should realize that this is an emperor that truly has no clothes. For too long, we have treated the Court [a]s if they are the high priests of the law, or at least as if they are the smartest and best lawyers in society.

Erwin Chemerinsky, preeminent constitutional law scholar and dean of the UC Irvine School of Law, writing in what Robert Barnes of the Washington Post refers to as the academic’s “break-up note” to the Supreme Court. In his new book, The Case Against the Supreme Court (affiliate link), Chemerinsky notes that “[t]he court has frequently failed, throughout American history, at its most important tasks, at its most important moments.”

* Dean Chemerinsky lays out how the Supreme Court is protecting local corruption. It’s what the Framers would have intended. [New York Times]

* In response to the latest article from Professor Michael Krauss, a former student suggests that maybe the so-called “justice gap” is a good thing. It kind of comes down to how much you believe in the efficiency value of the “American Rule.” [That's My Argument]

* The eternal question for female lawyers: do you dye your hair or embrace the gray? [Gray Hair]

* Boston’s drivers suck. [The Faculty Lounge]

* A well-written tribute to a Nashville civil rights lawyer. [Nashville Scene]

* This seems like a place to remind people that David’s going to Houston next month. [Above the Law]

* Here’s a new game to check out. It’s a twisted dirty word game called F**ktionary (affiliate link), so obviously it was made by a lawyer. It’s kind of like Cards Against Humanity meets Scattergories, which is just as fun as it sounds. The promo is after the jump….

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Burger King bounty for Biglaw.

* Judge Posner dished out a whole lot of benchslaps at yesterday’s Seventh Circuit arguments over Indiana and Wisconsin’s bans on same-sex marriage. [BuzzFeed]

* Major U.S. and Canadian law firms chow down on Burger King’s whopper of a deal with Tim Hortons. [Am Law Daily]

* A recent Delaware court ruling on attorney-client privilege might allow in-house lawyers to speak more freely about wrongdoing at their companies, according to Professor Steven Davidoff Solomon. [DealBook / New York Times]

* The corruption trial of former Virginia governor continues; yesterday Bob McDonnell’s sister took the stand. [Washington Post]

* A favorable evidentiary ruling for Aaron Hernandez. [Fox Sports]

* And good news for Zephyr Teachout and Tim Wu, the two law professors running for governor and lieutenant governor of New York: the Times dissed their opponent, Andrew Cuomo, with a non-endorsement. [New York Times]

* I recently spoke with one of my cousins Joao Atienza of the Cebu Sun Star, about Above the Law and the world of legal blogging. [Cebu Sun Star]

* ATTENTION LAW STUDENTS: Tomorrow is the last day to enter our annual Law Revue competition. The deadline is tomorrow at 5 so send them in. Entries have been coming in all day, so don’t get left out. [Above the Law]

* It looks like the Supreme Court just made a decision even worse than McCutcheon. [SCOTUSBlog]

* New York’s disciplinary procedures for lawyers are “deficient in design and operation.” So come to New York if you plan on being a shady lawyer, I guess. [NY Times]

* More on the law school apology by Erwin Chemerinsky and Carrie Menkel-Meadow that Lat wrote about yesterday. [The Write Stuff]

* And, hey, while we’re at it, here’s Steven J. Harper’s take on the same Op-Ed. [The Lawyer Bubble]

* UC Hastings Professor Osagie Obasogie is quoted in this informative piece about the changing nature of collegiate debate as it ventures more and more into the domain of critical race theory. As one of the people who helps run the CEDA tournament discussed in the article, I thought this was an interesting account. [The Atlantic]

* FBI makes a cheesy video to teach young Americans not to spy for China. It’s really worth a watch. [National Journal]

* A high school teacher in Australia won a defamation suit against a student who said mean things on Facebook. [IT-Lex]

* The Legal Broadcast Network interviewed Kyle McEntee of Law School Transparency about how improved tools help law students. [Legal Broadcast Network]

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Raise your hand if you’re tired of the debate over the value of a legal education. Yeah, me too.

Well, sorry to disappoint you, but the debate rolls on. A prominent law school dean and one of his colleagues took to the pages of the New York Times to once again defend the law school ivory tower from its critics.

Who are we talking about, and what are their arguments?

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Next week, the U.S. Supreme Court will hear oral arguments in the Conestoga and Hobby Lobby cases, the high-profile challenges to the Obamacare contraception mandate. Many ordinary citizens wish they could tune in to the arguments on TV, or at least catch clips on the Daily Show nightly news. After all, how else can Americans access this valuable information that could change their lives forever? I mean, without an Upworthy piece or a Buzzfeed listicle?

Of course, serious folks make serious arguments championing televised coverage of Supreme Court arguments. UC Irvine School of Law Dean Erwin Chemerinsky wrote an opinion piece this week, arguing that “[t]here is no excuse for keeping cameras out of the Supreme Court.” (Apparently, Chemerinsky wants cameras in and Justice Ginsburg out, for those keeping track of Chemerinsky’s wish list.) Earlier this month, the Coalition for Court Transparency, a group of press organizations and pro-transparency NGOs, sent a letter to Chief Justice Roberts, urging the Court to permit the video recording and broadcast of its courtroom.

So, what are opponents of cameras at One First Street so scared of? Do they worry that Chief Justice Roberts will start mugging for the camera? That Justice Scalia will insist on an added laugh track? That Justice Kagan will embark on a dangerous juice fast to slim down like a Hollywood starlet? (Actually, it looks like she already has.)

Those are not my concerns, but here is why I still think video coverage of U.S. Supreme Court arguments is a terrible idea….

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Justice Ruth Bader Ginsburg should retire from the Supreme Court after the completion of the current term in June. She turned 81 on Saturday and by all accounts she is healthy and physically and mentally able to continue. But only by resigning this summer can she ensure that a Democratic president will be able to choose a successor who shares her views and values.

– Dean Erwin Chemerinsky, calling for Justice Ginsburg to hang up her robe, in an op-ed for the Los Angeles Times. Chemerinsky also suggested that Justice Stephen Breyer “carefully consider” the possibility of stepping down.

Dear internet, make me a graphic like this, only for law school prices and with, like, a student crying or something.

So we’re all going to vote tomorrow, and then on Wednesday most of us are going to wake up with the same old problems. I’m going to need to lose some weight. Romney’s going to be an unemployed rich guy nobody likes. And America’s law students are going to wake up in the middle of the night worried about getting jobs.

Last week, the Washington Post wrote an important article on the abysmal state of the legal job market. It sounded notes that are familiar to regular readers of Above the Law, but I feel that whenever the facts about legal education make it into the Post or the New York Times, it’s important because parents see it there. The more parents know, the less likely they are to push their kids into law.

While most of us know the broad picture (it’s a figurative disaster), it is still fun to pick through rubble….

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* When thinking of the Penn State situation (the alleged cover-up, not Jerry Sandusky’s crimes), I am reminded of how critically important due process is to the proper administration of justice. You really notice due process when it’s gone. [The Volokh Conspiracy]

* I haven’t eaten at Chick-fil-A since college. No homo. [Fox News]

* It’s funny to think of law professors getting their pieces rejected by law reviews. Funny insofar as there are people who actually care about what ends up in a law review. [lawprofblog]

* I’m not inclined to believe things coming out of Nigeria, but if this is true, it’s crazy. [Gawker]

* The bright side of losing your job because of the LIBOR scandal. [Dealbreaker]

* Erwin Chemerinsky, Dean of the University of California Irvine School of Law, thinks that you can’t cut faculty salaries enough to achieve substantial reductions in tuition without losing your top faculty. But in this market, I bet a law school that said, “We hire only cheap professors and pass the savings on to you,” would have a lot of appeal. [National Law Journal]

Ever since the UC Irvine School of Law opened its doors in 2009, the fledgling institution has been garnering rave reviews. It has already been labelled one of the most selective schools in the country. Every single member of its inaugural class had a job last summer. And that same first class goes to school for free.

Over the weekend, the emerging West Coast powerhouse added a new impressive statistic to its quickly filling trophy case. This year, the school boasts one of the highest federal clerkship placement rates in the country.

Keep reading to see which elite law schools have been edged out by UC Irvine….

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