Kenneth Anderson

Judge Lynn Hughes

* Above the Law promotes real-world change! Complaint filed against a Texas judge after we call him out for being RACEIST! [ABA Journal]

* If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]

* If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]

* Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]

* Federal District Judge John Lungstrum calls out a couple trial teams for terrible trial work. Biglaw litigators may not be the best trial attorneys? You don’t say. [New York Personal Injury Attorney Blog]

* Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]

* Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]

* SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]

A 3L in a ‘law-and-blank’ class yesterday.

“One of the well-known facts about law school is it never took three years to do what we are doing; it took maybe two years at most, maybe a year-and-a-half,” Larry Kramer, the former dean of Stanford Law, said in a 2010 speech. The continuing existence of the third year of law school is generally held to be one of the basic structural defects in our current legal education model, alongside the contracted job market and soaring tuition. There have been efforts to address the problem, the latest being NYU’s announced overhaul of its third year curriculum.

Yet these attempts to redefine what the 3L year means appear to many like half-measures at best, “lipstick on a pig” at worst. As we noted back in November, Professor Bill Henderson of Indiana/Maurer has made a sweeping proposal that calls for a special new program for 3Ls by a coalition of willing law schools. The 3Ls would embark on a skills-based, teamwork-heavy course of study in partnership with law firms who agree to employ the students, albeit at a reduced rate. Also, there is a proposal currently before the New York Bar that would allow students to take the bar exam after two years. These students would not obtain a J.D. unless they return for their third year, but would be eligible for a bar card.

In assessing the NYU proposal (basically an increase in study abroad and specialty courses), Professor Kenneth Anderson argues that law schools have allowed educational incentives (i.e., learning to how to be a lawyer) and credentialing incentives (i.e., becoming an attractive job candidate) to drift apart: “The problem lies in how very, very unattractive we’ve institutionally made [students’] incentives – and the price tag attached to what is essentially a bet rather than investment. It’s a bet with many more bad payoffs than good ones.”

All the discussion and debate about the three-year law school model focuses, understandably, on the utility of that third year. We thought it would be interesting to have a look at our survey data to get a sense of how the experience of law students changes over time. The ATL Insider Survey asks law students and alumni to rate their schools in academic instruction, career counseling, financial aid advising, practical/clinical training, and social life. We wondered how, if at all, these perceptions differ between 1Ls and 3Ls….

double red triangle arrows Continue reading “The Downhill Road from 1L to 3L”

I've seen a million faces, and I've rocked them all.

* If the Americans with Disabilities Act must protect the obese, could we at least have different levels of protection depending on whether or not your “disability” is self-inflicted? Like, if you get your legs shot off in war, that’s one thing, but if your legs crumble underneath your girth on your way to eat more food, that’s a different thing. Hooha. [Ohio Employer's Law Blog]

* Here’s a great question, from Professor Kenneth Anderson: Was a “Wanted: Dead or Alive” poster ever legal? Like constitutionally? I’m not sure, but I’m probably going to go home and play Red Dead Redemption tonight, for old times’ sake. [The Volokh Conspiracy]

* Winston Moseley, the killer of Kitty Genovese, is up for parole. I wasn’t going to say anything and let, you know, other people handle bringing you the news — but something about this story made me think I should speak up. [WSJ Law Blog]

* Getting an attorney job is as hard as it has ever been for law students. Here are some thoughts on how to focus your job-hunting energies. [Tips for Young Lawyers]

* In today’s edition of “Elie Derides Occupy Wall Street,” Elie meets a refrigerator that is quietly having more of an impact on one corporation than any of the protesters. Never underestimate the power of having a demand. [Twitter / @SHGrefrigerator]

* Musical Chairs: Elite boutique Zuckerman Spaeder expands in New York, by bringing in Paul Shechtman, counsel to celebs like Lil’ Kim. [Dealbook / New York Times]

* This is fun. I made the Root 100 again, which means I’m on a list with Jay-Z and John Legend, and I ranked higher than Will Smith. This is kind of like the Cooley Law rankings of black people. [The Root]