* Beware of “affluenza” — the condition where rich kids believe that their wealth shields them from consequences. One kid with affluenza was convicted of four counts of manslaughter and got… probation. Great way to teach him that there are consequences. I don’t doubt being a hyper-privileged douche contributed to his criminal behavior, but let’s see if the judge is equally lenient to the next kid in this courtroom who argues that poverty contributed to his crimes. [Gawker]
* In America people complain about law reviews sharing outlines for free. In the U.K., they’re selling notes on eBay. If you’re buying notes off the Internet, perhaps law school isn’t your bag. [Legal Cheek]
* Do Twitter mentions reflect the scholarly significance of a professor’s articles? No. [TaxProf Blog]
* A Chinese law professor lost his job for writing an article advocating constitutional rule. If you think this is a harsh response, remember this government used to throw tanks at people over less. [Washington Post]
* Speaking of China, next month the CBLA is hosting a panel discussion about the expanded use of the FCPA, specifically with regard to China. [CBLA]
What would it be like it Elmo wrote your law school exams?
I was starting to wonder if we might get through all of finals period without a major exam screw-up. Imagine the competence.
Don’t worry, we didn’t make it. And as Ned Ryerson might say, this first testing mishap of the season is a doozy. It’s one thing for a professor to blast his own exam by lazily reusing a question set from a prior exam. But this guy put the entire answer in with the testing materials given to his students.
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…
It’s often noted that the United States is governed by the world’s oldest written constitution that is still in use. This is usually stated as praise, though most other products of the eighteenth century, like horse-borne travel and leech-based medical treatment, have been replaced by improved models.
– Jeffrey Toobin, writing in the New Yorker about whether the current dysfunction of the federal government might be due, at least in part, to the Constitution.
(Additional notable quotes from his interesting article, after the jump.)
It must suck to teach middle school these days. Every student paper has got to be littered with factual citations to the crowdsourced compendium of human knowledge known as Wikipedia. Even if teachers barred students from citing Wikipedia, they just blatantly plagiarize the stuff anyway. Wikipedia is basically the using song lyrics for “write a poem” of the modern era.
Sometimes prestigious law professors may act just like middle schoolers. Cramming to turn in his expert report, one T14 professor allegedly decided to go ahead and spice it up with plagiarized Wikipedia analysis. Indeed, parts of 13 pages of the 19-page report might have been lifted from the website that once explained that “Plato was an ancient Hawaiian weather man and surfer, writer of cosmo girls and founder of the punahou in Ancient Florida?”
Because if you are, you might be a douche. The ATL gang didn’t all agree on how to respond to the story of students at UCLA Law donning Team Sander shirts and decided to record their real-time reactions to the story.
Was it intentionally racist? Unintentionally racist? Is unintentional racism even worse than intentional racism because of how it tries to excuse itself? Is UCLA Law racist for employing this guy?
My colleagues think that there are going to be some law students who didn’t know that the t-shirts they were wearing were offensive to some of their African-American classmates, and when they find out they’ve caused offense they’re going to be all sorry. I think that people knew exactly what they were doing with their offensive shirts and, at best, you’ll hear some after-the-fact rationalization from students who claim to be just stupid enough to “not even see race.” And of course they’ll be some who don’t even think these t-shirts are offensive at all, because why would evidence that minorities were offended matter to people who don’t care about black people? So this is going to be a really fun post.
You see, it’s a subtle thing. A few students wore t-shirts emblazoned with the image of one of their professors. And it’s not like the professor is David Duke. Hell, he’s employed by a respected law school, so at least some people think the professor isn’t intolerably racist. Just not black people….
* Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]
* Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]
* Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]
* The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]
* Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]
* The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]
* Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]
* The right to choose… to drive out of state? SCOTUS rejected an application to block Texas from enforcing a law requiring abortion doctors to have privileges at nearby hospitals. [New York Times]
* Patton Boggs should prepare for the day when Locke Lord is too busy washing its hair to go on a date. The would-be merger is just one of many “interesting opportunities” the firm is considering. [Am Law Daily]
* Law firm merger mania, mid-size Midwest edition: Chi-Town law firm Shefsky & Froelich merges with Cincinnati-based Taft Stettinius & Hollister. [Crain's Chicago Business]
* When it comes to law faculty hiring, it doesn’t matter what color your skin is or what you’ve got between your legs, so long as your résumé is covered in Ivy and you’re dripping with prestige. [National Law Journal]
* Ave Maria School of Law is in need of a new dean. It seems the man who created the school’s “Advanced Critical Thinking Department” engaged in deep thought before deciding to call it quits. [Naples Daily News]
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The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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