Frank Wu

* Because it’s been such a long time since the NFL has had a scandal, Cowboys owner Jerry Jones is accused of sexual assault in a new suit. The Cowboys claim the suit is nothing but a money grab. No one knows a money grab like a franchise owner milking a new stadium partially financed by taxpayers. [USAToday]

* Dean Frank Wu explains why Hastings will survive the end of law schools. [SF Weekly]

* A pair of IP litigators, James W. Dabney and Stephen S. Rabinowitz, have jumped from Fried Frank to Hughes Hubbard. Will others be following Dabney & Rabinowitz out of Fried Frank? [Hughes Hubbard]

* “Lawyer’s ‘Torture Porn’ Past Pops Up in Pa. Governor’s Race.” OK, let’s see what you’ve got here. [Greedy Associates / FindLaw]

* An interesting breakdown of the legal scholars with the widest network of co-authors. Think of these as the most promiscuous scholars around. Actually, no. Don’t think that. [Ryan Whalen]

* Etsy sides with the USPTO and bans sales of anything branded “Redskins” on its platform. I’m not sure how smart this is since the economic teeth of the USPTO decision was to allow sites like Etsy to sell massive quantities of otherwise trademark-infringing stuff until Washington relented and opted for a new trademark-protectable name. [Etsy]

* Don’t throw peanut butter in my neighborhood (though I don’t understand the blotter… there’s no Bodega at that location). [Legal Juice]

* Lest you think law school is reasonably priced: “New IBR and PSLF provide benefits large enough that high earnings still result in nearly $100,000 in loan forgiveness for typical levels of debt for law school graduates. A lawyer earning at the 50th percentile with that debt level stands to have $147,282 forgiven, which is more than he borrowed…” [New America Education Policy Program]

* Keeping in touch with your inner child to relate to witnesses as humans. [Katz Justice]

* Closing out this football-heavy NS, friend of the blog Mitchell Epner discusses why Roger Goodell won’t (and shouldn’t) survive the fallout of the Ray Rice scandal. Check out the video after the jump… [CNBC]

double red triangle arrows Continue reading “Non-Sequiturs: 09.10.14″

The ALS Association’s “Ice Bucket Challenge” has been wildly successful, raising more than $107 million to support the nonprofit and its great work fighting amyotrophic lateral sclerosis, also known as Lou Gehrig’s Disease. The success even prompted the association to file trademark applications for “Ice Bucket Challenge” and “ALS Ice Bucket Challenge” (ultimately withdrawn, so as not to stop other worthy causes from using the challenge).

As we reported last month, the Ice Bucket Challenge has been very popular within the legal profession. Even your Above the Law editors got into it. I was challenged by Travis Lenkner of Gerchen Keller Capital, the litigation finance firm, and I responded to that challenge by making a donation in lieu of icing myself. I then challenged my colleague Staci Zaretsky, who responded by dumping ice on herself (and contributing too).

We were joined by many other lawyers and law students in this endeavor. Here’s a round-up of Ice Bucket Challenges from around the legal world….

double red triangle arrows Continue reading “The Ice Bucket Challenge Takes The Legal World By Storm”

The Am Law 100 average spread is 11.1 to 1.

* If you’ve been dying to know what the partner compensation spread looks like at your firm, then we’ve got your fix. Check out the insane 23 to 1 spread over at Perkins Coie. [Am Law Daily]

* “It’s a complete structural change, and it’s not going away. The end result is fewer graduates, and fewer law schools.” With enrollment still dropping, the end seems near. [Boston Globe]

* “I predicted the collapse of legal education, but I didn’t quite predict how bad it would be.” Dean Frank Wu of UC Hastings Law is fighting his way out of a rankings slump. Good luck. [The Recorder]

* Widener is the latest law school to roll out a solo / small firm incubator. Only grads from the class of 2014 may apply. Earlier grads are ineligible because they presumably have jobs… maybe. [PennLive.com]

* You may think Chief Justice Roberts and Justice Scalia are “stuck in the past” and “disconnected from the real world,” but you may be wrong. You can read Uncertain Justice (affiliate link), by Laurence Tribe and Joshua Matz, to find out why. [New York Times]

* A judge has denied bail for the Georgia man accused of sending sext messages during his seven-hour work day while his 22-month-old son was left to die in his hot car. Ugh, this is terribly sad news. :( [CNN]

* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post]

* Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s internet speeds are. [DailyTech]

* Hey, after all those threesomes, Case Western Med School is the one in court over “professionalism” concerns. [Cleveland Plain-Dealer]

* Of course a case about using a chemical weapon on a mistress is named “Bond.” Let’s examine Justice Scalia’s curious concurrence, shall we? [Constitutional Accountability Center]

* Dragons and isolationism. Makes sense. [The Legal Geeks]

* Cybercrime is pretty costly. [Lawfare]

* The emerging schism in the LGBT community on whether the term “Tranny” is empowering or a slur. Of course this is Legal Insurrection coverage, so the conclusion here is everyone who’s not with the straight white male program should just keep quiet, but the issue itself is interesting. [Legal Insurrection]

* Judge Kopf was asked to review Uncertain Justice by Professor Tribe and Joshua Matz. He didn’t want to do it, but thankfully he changed his mind. [Hercules and the Umpire]

* Slate Money discussed the Second Circuit’s reversal of Judge Rakoff last week and cited Above the Law specifically for the word “benchslap.” [Slate Money]

* Congratulations to UC Hastings dean and occasional ATL columnist Frank Wu on his reappointment as chancellor and dean! [UC Hastings]

* Lawyer + Cat = Internet win. Here’s the pic that’s going viral… [Imgur]

double red triangle arrows Continue reading “Non-Sequiturs: 06.09.14″

Ed. note: Frank H. Wu is the Chancellor and Dean of the University of California Hastings College of the Law. He shares some of his thoughts about legal education and the legal profession here on Above the Law from time to time.

I recently visited with a group of young alumni who had excellent advice they would offer to themselves if they could travel back in time: that is, advice likely useful to students today. The three of them, all under forty, were associates ranging from junior to senior at an excellent firm in Century City, the development created from the Fox Movie Studios backlot that boasts the highest concentration of entertainment lawyers anywhere in the world.

As more recent graduates, they possess the street cred that professors lack. I agree with everything they had to say. And they displayed the sort of “on the one hand . . . on the other hand reasoning” for which law teachers are famous or infamous…

double red triangle arrows Continue reading “Young Entertainment Lawyers Talk About Getting Their Jobs”

Ed. note: Frank H. Wu is the Chancellor and Dean of the University of California Hastings College of the Law. He shares some of his thoughts about legal education and the legal profession here on Above the Law from time to time.

I was talking to a reporter the other day about changes within the legal profession. She had called me to ask what types of jobs were opening up. I disappointed her. She wanted specialties offering positions that were sexy, new, and numerous.

I explained there were indeed more jobs. But I did not know any of them that satisfied all of her criteria.

There were many possibilities for her article. None of them were everything she was looking for.

That would be true for the individuals obtaining those roles as well. I recall a former colleague who used to say in response to the extravagant expectations that young people express about their careers: “That’s why we call it ‘work.’” She meant that there isn’t any reason to believe it will be fun. It is more likely to be boring, stressful, or both boring and stressful by turns if not simultaneously.

By the journalist’s standards, unless it is sexy, new and numerous, it does not register at all. That isn’t the best understanding of the universe of possibilities. Law is not intrinsically sexy….

double red triangle arrows Continue reading “That’s Why We Call it ‘Work’”

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…

double red triangle arrows Continue reading “How We Teach”

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.

Legal education does not suffer from a problem. It suffers from multiple problems.

In law school, before students learn anything else, they must understand the importance of issue spotting. One cannot analyze a case or a line of cases, without being able to see the multiple potential issues that are raised and then recognizing which warrant consideration. In actual practice, this skill remains a pre-requisite for offering an opinion or fashioning an argument. It becomes a matter of course.

Legal education faces at least three problems. They are related but not the same. What might help with respect to one problem might hurt with respect to another problem….

double red triangle arrows Continue reading “The Problems of Legal Education”

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.

People ask me all the time, “Isn’t it all a cycle?” They want to know if the legal marketplace will come back, with legal education then following.

My answer is, “No.”

A better answer, like most law professor’s answers to simple questions, would be, “It depends on what you mean.”

Yes, law as a business will rebound. It has already done so by some measures. However, it won’t come back in the same form. Nothing ever does.

We all are the products of our backgrounds. For me, that means Detroit.

double red triangle arrows Continue reading “We’re Never Coming Back”

As we commit to bold action to reform legal education, we also should lay out the parameters within which we operate.

Perhaps the most challenging aspect of my job as a law school dean is determining how to balance contradictory demands. Communities have multiple members who wish for different outcomes. Economist Kenneth Arrow won the Nobel Prize for showing it is logically impossible for a democracy to aggregate preferences in situations displaying any complexity. Even individuals desire particular outcomes without realizing all of the costs or the consequences. It turns out that it is not uncommon to believe we want something we couldn’t actually live with.

Take faculty compensation as an example. There are few professions of which I am aware that face vehement attacks on pay as law professors are encountering. While we’re at it, let’s add faculty productivity to the mix. Law professors also are criticized from all sides for the social utility of the undertaking that is the primary means by which they size up their own worth: writing books and articles.

Another framing stipulation. One of the important responsibilities of a law professor as a teacher is ensuring students understand the distinction between descriptive statements and normative arguments. The former are assertions about what is, the latter assertions about what should be. In some instances, classroom discussion — much like legal advice — concerns the black letter doctrine as it currently exists. In other instances, classroom discussion — also like legal advocacy — addresses potential reforms that could be implemented.

I would like to explain why people, especially students, likely don’t desire schools to reduce faculty compensation or cease being academic in orientation. Or at least they would not want any single school, the one with which they happen to be associated, to do so and suffer as a result. I would not mind being proven wrong in the descriptive, not normative, line of reasoning set forth below. For purposes of this analysis, I am looking at matters from the perspective of student self-interest…

double red triangle arrows Continue reading “What We Want From Law Professors”

Page 1 of 3123