Law Journals

Discriminatory bottle service for old dudes?

* When it comes to the Affordable Care Act’s contraception coverage mandate, corporate personhood only goes so far. Religious freedoms apply to human beings, not their businesses, and the Third Circuit agrees. [New York Times]

* According to the Bureau of Labor Statistics, the legal sector added 2,800 jobs in July after major losses in the two months prior. We’re sure that the eleventy billion members of the class of 2013 will be very pleased. [Am Law Daily]

* Not a Nigerian scam: Biglaw firms in Washington, D.C. — like Covington & Burling, Greenberg Traurig, and Williams Mullen — are busy chasing business in Africa. [Capital Business / Washington Post]

* A New Jersey municipal judge faces ethics charges due to his “extra-judicial activities” with an exotic dancer. It seems she appeared before him in his courtroom and in his bed. [New Jersey Law Journal]

* Tawana Brawley, the woman who dragged a New York prosecutor into an elaborate rape hoax (complete with race-baiting), is finally making payments on a defamation verdict. [New York Post]

* “Either I’m a stupid lawyer, or I’m stupid for thinking the court will enforce the rights of guys.” Former Cravath attorney and men’s rights advocate Roy Den Hollander is at it again. [New York Daily News]

* Morehouse College will be the fifth undergraduate school in the nation to publish a law journal. This is basically a case study in what it means to begin law school gunning while in college. [Daily Report]

* Things are pretty dire for New York City mayoral candidate Anthony Weiner. Not even “that [law grad] who takes pictures of himself in his underwear in the mirror” would vote for him. [Delaware News Journal]

* Julius Chambers, famous civil rights lawyer and former leader of the NAACP LDF, RIP. [NBC News]

Personally, I gave up on law reviews in the mid-90s.

For a while after I graduated from law school, I flipped through the tables of contents of the highest profile law reviews, to see what the scholars were saying and to read things that were relevant to my practice. But by the mid-90s, I gave up: There was no chance of finding anything relevant, so the game was no longer worth the candle.

(When I took up blogging about pharmaceutical product liability cases, I began rooting around for law review articles in that field, which could generate the fodder for blog posts for which I was always desperate. Even then, the law reviews rarely offered much that practitioners would care about.)

None of that convinced me that the law reviews were dead, however, because I figured that the academics were at least still relying on the law reviews to screen and distribute each other’s work. But I had dinner recently with an old law school classmate who’s now (1) a prominent scholar in his or her field and (2) a member of the hiring committee at his or her law school. A short conversation with this guy (or gal) convinced me that law reviews are not long for this world. . . .

double red triangle arrows Continue reading “Inside Straight: The Coming Death Of Law Reviews”

Going to a top law school doesn’t make you any more considerate of others. It certainly doesn’t teach you to clean up after yourself.

But maybe going to this top law school will teach some kids on law review that being a slob has consequences. Monetary consequences.

I think anytime a poor custodian has to scold some slovenly law students, things have already gone too far. I mean, since we’re talking about kids who are going to law school in New York, the rats came out even before the law review students were told to clean up their act….

UPDATE (1:15 PM): And now we’ve got a response from one of the allegedly dirty students.

double red triangle arrows Continue reading “Dirty Sexy Law Review. Well, Dirty At Least.”

* Stop drinking the FCPA Kool-Aid. Kool-Aid doesn’t even taste good anyway. Unless you add booze. But I digress. [FCPA Professor]

* Is it illegal to lie on Twitter? Some thoughts from Professor Eugene Volokh. [Volokh Conspiracy]

* So you wanna get published in a law review, huh? Well, check this out, young padawan. [Prawfsblog]

* Who are the top employment lawyers in America? [eBossWatch]

* The ABA and New York Law School are butting heads on how to deal with time lost due to Sandy. [Legal As She Is Spoke via Constitutional Daily]

* Lat is giving a talk at Vanderbilt Law School tomorrow. It’s open to the public and free, just like the pizza (but if you take the pizza, you have to stay for the event). [Vanderbilt Law School]

Julian Davis

On Friday, we brought you some controversial news about Julian Davis, a UC Hastings Law grad running for the San Francisco Board of Supervisors. He faces allegations of acting “royally douchey.” One of his accusers is a former classmate at UC Hastings, and after the story went up, we heard from a few more of his former Hastings peers.

One wrote in strong defense of Julian’s “firebrand” personality — and his politics. But a few others wrote to tell about his tumultuous — and unexpectedly brief — stint on the Hastings Law Journal.

Let’s jump right in and learn more about Davis’s interesting law school past…

UPDATED (4:35PM) with a significant response from Julian Davis.

double red triangle arrows Continue reading “A Political Candidate’s Controversial Law Review Tenure”

Grind up some brilliant legal theories, spice liberally with Bluebook-compliant citations, and voilà — law review articles!

Have you ever wondered how the law review sausage factory works? Perhaps you’re a law professor or practitioner who regularly submits pieces to law journals for possible publication. If you are, and if you’d like to know more about how the process works — or, more to the point, what law review editors say about you behind your back — you’ve come to the right place.

Thanks to the wonders of technology, collaborating with far-flung colleagues has never been easier. Here at Above the Law, for example, your four full-time editors — myself, Elie, Staci, and Chris — keep in touch throughout the day using Gchat.

But what if, due to inadequate security, your organization’s internal deliberations were accessible to the public? And, in some cases, even crawled by search engines?

What if you were, say, law students at a highly ranked law school, where you served as editors of a high-profile law review? And what if your, er, candid and colorful comments about the articles pending before you were to become publicly available?

What then? Let’s find out….

double red triangle arrows Continue reading “A Look Inside the Law Review Sausage Factory — and Possible Evidence of Bias Against Conservatives”

If you sent a document to the Engineers in Prometheus in .docx, they would say, 'Kill the one who expects us to convert.'

When most people call lawyers “paper pushers,” they mean it in a pejorative way. But pushing paper around correctly, in an organized and detail-oriented fashion, is a big part of a lawyer’s job. Some might say it’s the most important part of the job. The best lawyers have an attention to detail that can only be matched by research scientists and portrait artists.

If you can’t bring that maddening, borderline obsessive-compulsiveness to the little things, you might not be able to do things like become an awesome Supreme Court clerk — or even make it onto your school’s law review. That’s okay; you still might have other talents. But good lawyers can follow instructions (or afford secretaries who can follow instructions).

It’s an important lesson that three kids who got booted from their school’s law review competition just learned the hard way…

double red triangle arrows Continue reading “How To Write Onto Law Review? Step 1: Follow The Instructions”

[A]mong the world’s democracies … constitutional similarity to the United States has clearly gone into free fall. Over the 1960s and 1970s, democratic constitutions as a whole became more similar to the U.S. constitution, only to reverse course in the 1980s and 1990s. The turn of the twenty-first century, however, saw the beginning of a steep plunge that continues through the most recent years for which we have data, to the point that the constitutions of the world’s democracies are, on average, less similar to the U.S. Constitution now than they were at the end of World War II.

– Professors David S. Law of Washington University in St. Louis and Mila Versteeg of the University of Virginia, in a forthcoming article that will be published in the New York University Law Review. They conducted a study that was discussed in a very interesting article by Adam Liptak, ‘We the People’ Loses Appeal With People Around the World.

And perhaps with Justice Ruth Bader Ginsburg? Which constitutions does she prefer over our own founding document?

double red triangle arrows Continue reading “Quote of the Day: Why Do You Hate America, Justice Ginsburg?”

Complete honesty is such a dangerous thing.

I’m going to give it a shot.

I’m posing three questions to myself today. First, why might a lawyer at a law firm choose to write articles? Second, what topics should lawyers write about, and where should they publish the articles? Finally, why might an in-house lawyer choose to write?

The honest truth is that outside lawyers choose to write for many, varied reasons. In-house lawyers might also choose to write for many reasons, but those reasons are different and fewer. Across the board, authors’ motivations for writing will be mixed.

Do I have a right to speak on the subject of publications? My credentials, in a nutshell, are these: Three books; twelve law review articles; two book chapters; about 70 other, shorter articles (in places ranging from The Wall Street Journal and the Chicago Tribune to Pharmaceutical Executive and Litigation); and maybe 600 blog posts (roughly 500 at Drug and Device Law and north of 100 here). Call me nuts (and I may well be), but I’ve spent a professional lifetime doing a ton of “recreational” legal writing.

Why did I do it? Should you?

double red triangle arrows Continue reading “Inside Straight: ‘Recreational’ Writing, In-House and Out”

Judge William Adams

* Remember Judge William Adams, the Texas state court judge who was reportedly videotaped in the act of beating his daughter, Hillary Adams? He has now commented on the situation (and so has his ex-wife, Hallie Adams). [KZTV.com]

* And here is Kashmir Hill’s take on the whole sad situation. [Not-So Private Parts / Forbes]

* Members of the law review at GW Law School have issued a comment on the recent email controversy — which is impressive! (Aside: lighten up, guys; it’s all in good fun.) [Nota Bene]

* FYI, if you have problems with anonymous comments here at Above the Law, you should know that we’re having an internal discussion about possibly changing our system. [What About Clients?]

* Beating a dead horse isn’t illegal. Doing what this woman did to a dead horse isn’t illegal. Sucks to be a dead horse. [Daily Mail]

* Our friend Joseph Rakofsky makes it into the Urban Dictionary. [The Trial Warrior; Legal Skills Prof Blog]

* Says Elie: “Some say WVU’s lawsuit against the Big East reflects ‘arrogance.’ The real arrogance is how Notre Dame refuses to come in and save the conference.” [Legal Blitz]

* Swordplay: it’s all fun and games until someone’s intestines spill out of his abdomen. [CBS 3 - Springfield]

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