Larry Ribstein

These are trying times — not just for law students and law graduates, but for law professors as well. Despite occasional (and unfair) depictions of law profs enjoying lives of leisure and six-figure salaries while their unemployed students suffer, legal academics know that their fates are tied to the health of the legal profession as a whole. Law professors have an interest in seeing that law students land jobs. After all, more employed law grads–>more students going to law school–>more tuition dollars to fund faculty positions (and raises, summer research grants, and sabbaticals).

So law professors are turning their considerable talents towards making legal education a more viable long-term enterprise. Let’s hear one professor’s proposal for reform, and another professor’s optimistic take on the future of legal academia and the legal profession more broadly….

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Bill Henderson

It’s kind of like the Hunger Games. You’re just trying to survive.

– an anonymous partner quoted by Professor William Henderson in a presentation today at Unlocking the Law: Building on the Work of Larry Ribstein. Professor Henderson noted that today many partners move laterally not for greater prestige or pay but for sheer survival.

(One factor that’s keeping partners up at night, after the jump.)

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Paul Clement

* If defending unpopular clients is cool, consider Paul Clement Miles Davis. He’s the lead lawyer in three politically charged cases going up before SCOTUS in the new year. [LA Times]

* Joe Arpaio’s going to have a tough time racially profiling Hispanics in 2012. What’s a man to do without verification powers and the ability to detain people on suspicion alone? [WaPo]

* A summary of the NLJ’s 2011 year in review round-up: all of this was a preview of what’s to come in 2012. And what’s to come? Same sh*t, different docket number. [National Law Journal]

* C&F fail: the California Supreme Court is busy worrying about Stephen Glass, a guy who took his “creative writing” efforts a bit too far. [San Francisco Chronicle]

* The Hollywood actress suing IMDb for revealing her age has to reveal much more thanks to this ruling. She’s got two weeks to amend her complaint to include her name. [The Wrap]

* “Oh my God, the law school has gone crazy.” Don’t blame the messenger, but UVA Law’s headlines on ATL are totally self-inflicted. Here’s Elie’s take on the collar-poppin’ action. [C-VILLE]

* Larry Ribstein, partnership law guru, business law blogger, and Associate Dean for Research at the University of Illinois College Law, RIP. [Truth on the Market]

* Robert Morvillo, New York trial lawyer and white-collar defense pioneer, RIP. [WSJ Law Blog]

* John Lawrence, plaintiff in the landmark LGBT rights case of Lawrence v. Texas, RIP. [NY Times]


Lindsay Lohan

* Professor Glenn Reynolds notes Lindsay Lohan’s swift movement through the jail system. [Instapundit]

* Professor Orin Kerr notes Professor Stephen Higginson’s swift movement onto the Fifth Circuit — in apparent violation of the rule in judicial nominations “that a circuit court nominee with Supreme-Court-level credentials will have a harder time getting confirmed than a nominee without those credentials.” [Volokh Conspiracy]

* Professor Larry Ribstein notes the growing competition between Biglaw and the in-house world. [Truth on the Market]

* If you’re having a hard time keeping track of all the lawsuits in which law firms and their partners are parties rather than counsel, check out this handy guide from Brian Baxter. [Am Law Daily]

Professor Paul Campos

* How would you like your soon-to-be-ex spouse to have your Facebook and Match.com passwords? [Not-So Private Parts / Forbes]

* Here’s an interesting profile of Professor Paul Campos, the legal academic behind the controversial Inside the Law School Scam blog. [National Law Journal]

* And here’s commentary on Karen Sloan’s NLJ piece by Professor Paul Horwitz. [PrawfsBlawg]

* Still on the subject of scamblogging, where do retired scambloggers go? Apparently they start doing podcasts about reality television. [Top Chef Refire]

Steve Jobs passed away yesterday. And millions of people across the planet learned of the news on devices he invented.

You’ve probably already heard the details. The 56-year-old chairman and co-founder of Apple had been fighting pancreatic cancer since 2004. He ran one of the most successful companies in the world, a company he founded in a suburban garage. He invented the iPod, the iPhone, and the iPad; at one point he owned Pixar; and he personally had more than 300 patents to his name, according to The Atlantic.

I am having a hard time thinking of any other human in recent memory who has so widely, tangibly, and positively changed the face of the world.

As Alexis Madrigal wrote, it’s strange to mourn the head of an international corporation as we would a beloved actor, musician, or head of state. But we can’t help it….

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Accepted in Utah.

* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly]

* Next time a TSA agent sticks her hand down your pants and cops a feel, try not to call it “rape” on your blog. Instead, maybe just admit that you were asking for it by showing up to the airport dressed in all them clothes. [Techdirt]

* After Labor Day, consider that “every day should be a day to care about working people.” And don’t forget that even though judges live in impenetrable fortresses of justice, they are people, too. [Underdog]

* Here’s a good one for the 1Ls. If you’re a grieving mother and your boss forces you to remove pictures of your dead daughter from your cubicle as if she never existed, is he intentionally inflicting emotional distress upon you? Nope, but he sure is a douchebag. [Courthouse News Service]

* “In my day, we used to walk 70 miles to school…” Next time grandpa forces you to hike the Grand Canyon and starts with this old codger rhetoric, give your mom a call. That’s not legal. [CBS News]

Grandpa's idea of fun.

* If you have time to read real books, maybe you should check some of these out from the library. Do those even exist anymore? Ugh, just download them to your Kindle. [Constitutional Daily]

* One is the loneliest number, especially if you’re supposed to be in a partnership. Professor Larry Ribstein has some ideas on what ought to happen post-breakup. [Truth on the Market]

* Ahoy, me matey. This law blogarrrr wants ya t’ know that if ya want t’ trade for booty usin’ yer gold doubloons, steer yer ship toward th’ land o’ many wives. [Adjunct Law Prof Blog]

Can gay marriage be stopped? Professor Tribe thinks not.

* Professor Laurence Tribe on “the constitutional inevitability of same-sex marriage.” [SCOTUSblog]

* You can sleep when you’re dead — and you can prevail against the IRS in litigation, too (as the late Ken Lay just did). [TaxProf Blog]

* Speaking of the dead, just because someone is burglarizing your business doesn’t mean you can kill them. [Jonathan Turley via WSJ Law Blog]

* Professor Daniel Hamermesh asks: “Why not offer legal protections to the ugly, as we do with racial, ethnic and religious minorities, women and handicapped individuals?” [New York Times via ABA Journal]

* Meanwhile, Michele Bachmann wonders if the recent earthquake and hurricane constitute messages from God. [Dealbreaker]

Michele Bachmann

* Professor Larry Ribstein: “Law is waiting for its Steve Jobs (or Bill Gates). When he or she arrives it could be a lot more important than the iPhone.” [Truth on the Market]

* This juror should at least have put the defendant on “Limited Profile.” [Fort Worth Star-Telegram]

* Is the Stolen Valor Act unconstitutional? Let’s talk Turkey. [The Atlantic]

* Additional discussion of the recent New Jersey Supreme Court ruling on eyewitness testimony (which we mentioned last week). [Mother Jones]

* A federal judge in Kansas has given Planned Parenthood’s Abortionplex a new lease on life. [WSJ Law Blog]

* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]

* Interesting thoughts from Scott Greenfield on making executions public. I certainly don’t oppose more-comprehensive coverage of the criminal justice system in general. [Simple Justice]

* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]

* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]

* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]

* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]

* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]

* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]

* Keep It Simple: a commendable theme for Blawg Review #313. [Patent Baristas via Blawg Review]

Ted Frank

Friday was not a pretty day for the stock market. The Dow Jones Industrial Average closed below 12,000, for the first time since March of this year — a 1.4 percent decline. The S&P 500 also fell by 1.4 percent, and the Nasdaq composite index fell by 1.5 percent.

Everyone is looking for an edge in this market (especially given the low returns you get by keeping your money on the sidelines, in cash, or by investing in real estate). This raises a question for legal eagles: Can knowledge of the law help you invest profitably?

One of our favorite folks here at Above the Law — Ted Frank, head of the Center for Class Action Fairness, whom we’ve dubbed the Class Action Avenger — believes the answer is yes. Earlier this month, he invested 10 percent of his net worth in a bet that one company’s stock is on the way up, based on a forthcoming Supreme Court decision.

Let’s find out which stock Frank is betting on, and why….

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As we mentioned in our last story on the embattled Howrey law firm, the remaining partners will vote this week on whether to wind down the 55-year-old shop. According to Am Law Daily, that vote is set to take place on Wednesday.

For the past few weeks, Winston & Strawn has been waiting in the wings, hoping to help itself to Howrey’s healthiest parts. But as we’ve chronicled in these pages, many of the strongest partners and practice groups have already defected to other firms.

Let’s discuss the latest developments — and also learn the fate of current 3Ls holding offers from Howrey….

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