Law School Accreditation
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* Whoa, the American Bar Association shockingly deferred action on giving InfiLaw its blessing on the takeover of Charleston Law. Perhaps the ABA is turning over a new leaf as to saving law schools? [National Law Journal]
* Nevermind. The American Bar Association decided to grant provisional accreditation to the beleaguered LMU Duncan School of Law. Perhaps the ABA’s new slogan should be, “Accredit all the law schools!” [Claiborne Progress]
* Like it or not, despite their financial constraints, it’s likely that many law schools will never close, no matter how terrible they are — so as long as ABA regulation remains lax and the government keeps feeding students loan dollars to attend. [Daily Caller]
* If you read one piece of long-form journalism today, let it be this special report on the Supreme Court’s “echo chamber,” perhaps better known as the elite members of the SCOTUS bar who hoard all of the cases on the docket for themselves. [Reuters]
* In other law school-related news, fewer law school graduates are passing the California bar exam. California’s pass rate for the July exam was just 48.6%, and it’s been almost a decade since the pass rate was that low. Ouch! [Los Angeles Times]
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Affirmative Action, American Bar Association / ABA, California, Crime, In-House Counsel, Law Schools, Morning Docket, Murder, Old People
* “I’m 98, and I don’t want to depart this world with this thing hanging over me.” Miriam Moskowitz was convicted more than 60 years ago, and now Baker Botts is trying to help clear her name before she dies. [WSJ Law Blog]
* “Get a lawyer, you know how this works.” Boston Scientific’s chief counsel was killed earlier this week, and police think that they may have identified a suspect — his former flame — in the brutal murder. [Minneapolis Star-Tribune]
* According to a recent study, California’s affirmative action ban has done some damage to minority admissions rates at both Berkeley Law and UCLA Law, and now things like this happen to their minority students. It’s quite sad. [Daily Californian]
* The ABA has delayed taking action on Concordia Law’s bid for accreditation, and instead appointed a fact-finder. We’ll help you with this fact of the day: we don’t need more law schools. [National Law Journal]
* If you’re thinking about signing up for a JD/MBA, then congratulations, at least one of those degrees may prove to be useful to you in some way, someday. [Law Admissions Lowdown / U.S. News & World Report]
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“I’ve landed a job as an associate at a top law firm, but why am I paying 7% on my student loans?”
I became a lawyer without really understanding that the job cuts time off of your life. My work hours are long, I can’t see my family or friends, and I am constantly at the mercy of the partner or the client. On top of everything, at one point, I was paying 7% on my law school loans. […]
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Abortion, Constitutional Law, Gay, Gay Marriage, Health Care / Medicine, Law Professors, Law Schools, Morning Docket, Ruth Bader Ginsburg, SCOTUS, Supreme Court, Technology, Women's Issues
* According to Patron Saint RBG, the Supreme Court has never really come around on “the ability of women to decide for themselves what their destiny will be.” Gay people are doing well, though, so good for them. [New York Times]
* Two law professors and a consultant built a model that predicts SCOTUS decisions with 69.7 percent accuracy, and justices’ votes with 70.9 percent accuracy. For lawyers who are bad at math, that’s damn near perfect. Nice work! [Vox]
* An Alabama abortion clinic statute which required that doctors have admitting privileges at local hospitals was ruled unconstitutional. Perhaps this will be the death knell for these laws. [WSJ Law Blog]
* Idaho’s Supreme Court rejected Concordia Law’s bid to allow grads to sit for the bar before the ABA granted it provisional accreditation. Too bad, since lawyers are needed in Idaho. [National Law Journal]
* Before you go to law school, you can learn how to gun with the best of them. That’s right, you can practice briefing cases before you even set foot in the door. [Law Admissions Lowdown / U.S. News]
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American Bar Association / ABA, Biglaw, Death Penalty, Job Searches, Law Schools, Morning Docket, Summer Associates
* All work and no play makes summer associates sad, but they had a really great time this year, what with the lucky law students attending Broadway shows, sporting events, and Russian cabarets. Sounds like fun! [Am Law Daily]
* Alas, not everyone was getting wined and dined this summer. Some lawyers can’t even find a place to work. According to the Bureau of Labor Statistics, the legal services sector lost ~200 jobs during the month of July. [WSJ Law Blog]
* It may be the “worst time in the history of legal education to go to law school,” but because of new programs being launched, at least some of our recent graduates will be less screwed. [New York Times]
* “The ABA is used as a whipping boy for standing in the way of innovation,” but soon it’ll vote on revisions to its accreditation standards. Welcome to the party, ABA, thanks for being late. [National Law Journal]
* It took 15 doses of lethal injection drugs to execute Joseph Wood when it should’ve taken one. Don’t worry, it wasn’t cruel and unusual punishment — the Arizona Department of Corrections says so. [CNN]
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American Bar Association / ABA, Biglaw, Crime, Intellectual Property, Law Schools, Morning Docket, Native Americans, Paralegals, Rankings, Sports, Trademarks, Vault rankings
* The latest Vault 100 rankings are out, and it’s time to find out which Biglaw firm is the most prestigious in all the land. Is it Wachtell? Is it Cravath? We’ll have the answer for you, and much more analysis, later today. [Vault]
* An former office manager at Vedder Price has been accused in a $7M embezzlement scandal. She allegedly used the money to buy “lavish homes, numerous vacations” — it’s as if she were trying to live like a partner. [ABA Journal]
* Since the Redskins’ trademark was canceled by the Patent and Trademark Office, sports fans are wondering whose offensive team name is next. The Cleveland Indians might get scalped. [WSJ Law Blog]
* According to ALM Legal Intelligence, paralegal pay is on the rise, and it’s almost $80/hr in top roles. Why should new attorneys care about this? Because they’ll probably have to work as paralegals. [ALM]
* Double the deanships, double the fun: Penn State Law’s campuses have been approved by the ABA to become separately accredited locations. We’ll take bets on which one closes first. [StateCollege.com]
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American Bar Association / ABA, Anthony Kennedy, Bankruptcy, Biglaw, Dewey & LeBoeuf, Jury Duty, Law Schools, Layoffs, Morning Docket, Murder, Real Estate, SCOTUS, Supreme Court
* The SCOTUS decision in the Pom Wonderful case could have serious repercussions in terms of deceptive labeling litigation under the Lanham Act. Even Justice Kennedy was misled! [Huffington Post]
* Dewey know when to WARN people? This failed firm apparently didn’t, and now it has to pay a $4.5 million class-action settlement to the employees it laid off without adequate notice. [WSJ Law Blog]
* After getting bumped out of the Am Law 100 after a 17-year run, Shook Hardy & Bacon is letting go of three floors of office space it “no longer needs.” Secretaries Paper takes up a lot of room! [Am Law Daily]
* Minutes after this career criminal was released from jail due to his accidental acquittal, he was stabbed to death with a steak knife. But for the jury’s crazy mistake, he would still be alive. Yikes. [Fresno Bee]
* LMU’s Duncan Law, perhaps better known as the little law school that couldn’t, is still trying to get ABA accreditation. At least this time they’ll be able to use law schools’ national decline as a scapegoat. [WBIR]
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American Bar Association / ABA, Federal Judges, Gay Marriage, Job Searches, Law Schools, Morning Docket, SCOTUS, Sports, Stephen Breyer, Supreme Court
* If you’ve ever wondered what’s being said about Supreme Court justices during the vetting process, we’ve got a great one-liner about Justice Breyer, who’s apparently a “rather cold fish.” Oooh, sick burn. [Wall Street Journal (sub. req.)]
* The NLJ 350 rankings are here, and this is where we get to see the big picture about the big boys of Biglaw. In 2013, it looks like headcount grew by 3.9 percent, which is good, but not great, all things considered. Meh. [National Law Journal]
* A Wisconsin judge is the latest to give her state’s ban on same-sex marriage the finger, and she did it with flair, noting in her opinion that “traditional” marriages throughout history were polygamous. [Bloomberg]
* The Ed O’Bannon antitrust case against the NCAA is going to trial today before Judge Claudia Wilken. Since it could change college sports forever, here’s everything you need to know about it. [USA Today]
* According to the Bureau of Labor Statistics, the number of those employed in the legal sector is at its lowest level since the beginning of 2014, with jobs still being shed. Welcome, graduates! [Am Law Daily]
* UC Irvine Law has finally earned full accreditation from the American Bar Association. We’d like to say nice work and congrats, but we’re pretty sure the ABA would fully accredit a toaster. [Los Angeles Times]
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9th Circuit, American Bar Association / ABA, Biglaw, Blogging, Celebrities, Free Speech, Law Schools, Morning Docket, Perks / Fringe Benefits, Pregnancy / Paternity, Suicide, Texas
* For the first time, a federal appeals court extended First Amendment protections reserved for trained journalists at traditional news entities to bloggers. Yippee, thanks Ninth Circuit! [L.A. Now / Los Angeles Times]
* If you want a Biglaw firm with a really generous 401(k) plan, look no further than Sullivan & Cromwell. It’s the most generous law firm plan in the country, with O’Melveny & Myers in second place. [BenefitsPro]
* A brain-dead patient in Texas is being used as an incubator because a state law requires hospitals to continue life support for pregnant women. Calling this the “cruelest pregnancy” is much too kind. [New York Times]
* Here are some depressing facts: not only are lawyers 3.6 times more likely to be depressed than non-lawyers, but they also rank in fourth place in terms of suicides per profession. Call someone if you need help. [CNN]
* Florida A&M must be absolutely thrilled that the ABA canceled the school’s show-cause hearing. It appears that the law school will be able to keep its accreditation, for now. [Tallahassee Democrat]
* If you’re a parent considering going to law school with a young child at home, congrats, because you must be rich to be toying with an idea like that. [Law Admissions Lowdown / U.S. News & World Report]
* Playboy is suing Harper’s Bazaar for using its pictures of Kate Moss without permission. The men’s mag wants $150K per picture posted on the luxury mag’s website — that’s one lavish lapin. [Independent]
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American Bar Association / ABA, Biglaw, Buchanan Ingersoll & Rooney, Drugs, Law Firm Mergers, Law Professors, Law Schools, Morning Docket, Police, Privacy, SCOTUS, Supreme Court, Technology
* A Supreme Court whose members are still afraid of using email will most likely have the final say on the NSA case, one of the biggest technology and privacy rulings in ages. Well, that’s comforting. [Talking Points Memo]
* Pittsburgh firm Buchanan Ingersoll & Rooney is reportedly in merger talks with Tampa firm Fowler White Boggs. Boy, a merger between two firms from lackluster cities sure sounds promising. [Daily Business Review]
* Law professors are completely outraged by the ABA’s proposal to cut tenure from its law school accreditation requirements. Quick, somebody write a law review article no one will read about it! [National Law Journal]
* Struggling to find a topic for your law school personal statement? You should ask someone who knows next to nothing about you and your life for advice. [Law Admissions Lowdown / U.S. News & World Report]
* Michael E. Schmidt, the lawyer killed in a police firefight, had some interesting things in his apartment, including a “green leafy substance,” a “white powdery substance,” and lots of pills. [Dallas Morning News]
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Lessons Learned from the Top eDiscovery Cases and Trends from 2014
The adage that law turns slowly does not hold in eDiscovery. This year saw unprecedented sanction awards for falling behind the curve. Courts did not hesitate to engage with advanced and nuanced technological issues. For lawyers and other eDiscovery professionals who plan on maintaining basic competence, these cases and trends shouldn’t be overlooked. For a full exploration of trends and developments in this area of case law, check out this on-demand webinar.
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American Bar Association / ABA, Bankruptcy, Bar Exams, Biglaw, Constitutional Law, Federal Judges, Gay, Gay Marriage, Howrey LLP, Law Professors, Law School Deans, Law Schools, Money, Morning Docket, Ruth Bader Ginsburg, SCOTUS, Supreme Court
* Justice Ruth Bader Ginsburg is definitely one of our favorite judicial divas. When asked if she thought the Supreme Court’s work was art or theater, she mused, “It’s both, with a healthy dose of real life mixed in.” [New York Times]
* According to the Citi Private Bank’s Law Firm Group report on the first half of the year, the legal industry should count itself lucky if it manages to meet last year’s single-digit profit growth. This “new normal” thing sucks. [Am Law Daily]
* Howrey going to celebrate these “monumental” settlements with Baker & Hostetler and Citibank? The failed firm’s trustee might throw a party when he’s finally able to file a liquidation plan. [Am Law Daily]
* Uncommon law marriage? A man stuck in an inheritance battle who lived with his late partner since 1995 now asks the District of Columbia to declare him common-law husband. [Wall Street Journal (sub. req.)]
* The ABA’s Section of Legal Education and Admissions to the Bar proposed a major overhaul to its accreditation standards. Action, of course, likely won’t be taken until next year. [National Law Journal]
* Despite the fact that these measures could help struggling graduates, law deans are at odds over the ABA’s proposed changes to tenure requirements for professors. [Capital Business / Washington Post]
* “Sooner or later you’ve got to make a choice, because you need enough revenue to cover what your expenses are.” Cooley will weather the storm by introducing a massive tuition hike. [Lansing State Journal]
* “How would you feel if you spent well over $100,000 on law school, only to have to spend an extra couple of thousand dollars on a course to get you to pass the bar?” You’d probably feel like everyone else. [CNBC]
* Requiring porn stars to wear condoms might not be sexy, but a federal judge says it’s constitutional. Don’t worry, unlike its actresses, the adult film industry won’t go down without a fight. [Los Angeles Times]
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American Bar Association / ABA, Bar Exams, Law Schools, Minority Issues, Racism
What’s More Racist? The Trouble With Low Bar Passage Rates At Historically Black Law Schools
What is to be done about low bar exam passage rates at historically black law schools?
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4th Circuit, American Bar Association / ABA, Biglaw, Conferences / Symposia, Copyright, Federal Judges, Gay Marriage, Immigration, John Roberts, Morning Docket, Pornography, SCOTUS, Summer Associates, Supreme Court
* “[J]ust because something is constitutional doesn’t mean it’s the best idea, or even a good one.” Perhaps we’ve given Chief Justice John Roberts a little too much to do. No wonder he’s gotten cranky. [Opinionator / New York Times]
* “It’s raining lawsuits.” As Justice Scalia predicted, in the wake of the Supreme Court’s ruling in the Windsor case, gay couples across the nation have banded together to challenge bans on same-sex marriage. [NBC News]
* The Fourth Circuit ruled that state authorities in Maryland can’t arrest and detain people just because they look like they might be illegal immigrants. They can only do that in Arizona. [Baltimore Sun]
* No more fun during sequestration, ever! Judges, get ready to kiss your “lavish accommodations” at judicial conferences goodbye, because Senator Tom Coburn is on the case. [National Law Journal]
* For all of the talk that Biglaw is in recovery, summer associate hiring just isn’t what it used to be. Summer class sizes shrank since last year. We’ll have more on this later today. [Am Law Daily]
* On Friday, the ABA Section of Legal Education and Admissions to the Bar will consider making changes to its law school accreditation standards. Yes, the ABA does have standards. [ABA Journal]
* Open wide and suck this down: A film on the life and times of porn star Linda Lovelace may be lost to the cutting room floor because Deep Throat’s rights holders are seeking an injunction. [The Guardian]
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5th Circuit, American Bar Association / ABA, Biglaw, Cellphones, Constitutional Law, Election Law, Eric Holder, Gay Marriage, Headhunters / Recruiters, Health Care / Medicine, Law Schools, Morning Docket, SCOTUS, Supreme Court, Texas
* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]
* The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]
* The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]
* Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]
* The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]
* Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]
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Biglaw, Crime, Deaths, Dewey & LeBoeuf, Law Professors, Law Schools, Money, Morning Docket, Texas
* The DOJ is seeking treble damages against Lance Armstrong over his USPS sponsorship funds, alleging the athlete was “unjustly enriched.” This lawsuit is clearly on steroids; the bike dude’s got an eye for that sort of thing. [NBC News]
* Dewey know how much Steven Davis had to fork over to the firm’s estate to settle its mismanagement claims against him? It’s pocket change compared to what some former partners had to pay into the partner contribution plan. [Am Law Daily]
* “Golden handcuffs,” law school style: the Texas attorney general’s office is looking into the UT Law School Foundation. Apparently giving out forgivable loans to law profs like candy is a big no-no. [Austin Business Journal]
* Duncan Law hopes to get ABA accreditation through its conflict resolution center, which will “attract more students.” Yep, because more students equals more job opportunities. [Knoxville New Sentinel]
* The accused ricin guy might’ve been a whackjob, but the charges were dropped. His lawyer believes he was framed by a guy who was recently arrested on child molestation charges. Cray! [Bloomberg]
* Edward de Grazia, defender of sexually explicit novels in Jacobellis v. Ohio, RIP. [New York Times]
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American Bar Association / ABA, Attorney Misconduct, Bankruptcy, Biglaw, Bonuses, California, Dewey & LeBoeuf, Federal Judges, Law Schools, Legal Ethics, Money, Morning Docket, Munger Tolles & Olson, Partner Issues, Patents, Privacy, SCOTUS, Stephen Breyer, Supreme Court, Travel / Vacation, United Kingdom / Great Britain
Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will be back in full swing tomorrow. We hope that you will enjoy your day off, but please feel free to lament your lack thereof in the comments.
* “[T]hey don’t want to hear nothing.” Vedel Browne, the man accused of robbing Stephen Breyer at machete-point while the justice was vacationing in his home in the Caribbean, now claims that he’s innocent, mon. [St. Kitts-Nevis Observer]
* You know what, the farmer in the Super Bowl commercial probably didn’t have to deal with bullsh*t like Monsanto’s seed patents, but today’s farmers do, and they’ll argue their case before the Supreme Court this week. [New York Times]
* “I’m a betting man. And I would bet and give odds that Sullivan & Cromwell has never said that publicly.” Who dares question S&C’s stance in the hot mess that is Herbalife? None other than Carl Icahn. [Am Law Daily]
* Here’s an important Biglaw math lesson that’s been provided to us via California-based firms like Irell & Manella, Munger Tolles, and Orrick: a little revenue minus a lot of partners equals profitability. [Recorder]
* Amid a flurry of filings on Valentine’s Day, love must’ve been a battlefield for the embattled Dewey & LeBoeuf refugees who were in desperate search of their once promised 2011 bonuses. [WSJ Law Blog (sub. req.)]
* From the department of things that suck: having to defend your office’s alleged “underhanded tactics” in a $150 million wrongful conviction case while you’re trying to get re-elected as district attorney. [New York Times]
* We got bitches in the office lawyerin’ on, and they ain’t leavin’ till six in the mornin’ — unless they want to be fired. An ex-Travers Smith trainee claims she was canned for leaving the firm “early”… at 6:30 a.m. [Telegraph]
* If it weren’t for Cosmo, this woman wouldn’t have known her landlord was an alleged creeper. A Maryland lawyer now faces criminal charges for allegedly filming his female tenants in the nude. [Washington Post]
* “We wants it, we needs it. Must have the precious!” The ABA officially put Florida A&M on notice that its law school accreditation may be in jeopardy if they don’t shape up in terms of bar passage. [Orlando Sentinel]
* What do you do the second you step off a cruise ship that’s been described as “a floating toilet, a floating petri dish, a floating hell”? You grab the very first lawyers you see, and sue! [Nation Now / Los Angeles Times]
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American Bar Association / ABA, Bar Exams, California, Law Schools
California Law School Claims Free Speech Right To Offer Piss-Poor Education And Be Accredited For It
Is a 40 percent bar exam passage rate too much to ask of a law school?
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Biglaw, Department of Justice, Federal Judges, Football, Insider Trading, Law Schools, Money, Morning Docket, Patents, Politics, Sentencing Law, Sex, Sports
* Covington, Skadden, and Proskauer really like representing professional sports leagues: from 2010 to 2011, the NHL paid a combined total of $8.8M to all three, and Covington received $16.3M from the NFL over the last three years. [Am Law Daily]
* The Department of Justice sued Bank of America yesterday for doing the “hustle.” No, not the popular disco disco dance, but rather, a supposed elaborate scheme to defraud the government out of billions of dollars. [DealBook / New York Times]
* Rajat Gupta was sentenced to a whole two years behind bars for insider trading, but my colleague Elie Mystal thinks that the more appropriate punishment would’ve been to force him to reenact the seminal 80s film, Trading Places. [HuffPost Live]
* Unfortunately, Siri wasn’t able to be helpful with this one. A federal judge had to recuse himself in a patent case involving the Siri voice assistant app because of his “interest” in Apple (likely stock ownership). [CNET]
* Was Wednesday the day of departing deans? NYU’s Richard Revesz said farewell, and so did Sydney Beckman of Duncan Law, but the latter flat out quit amid accreditation uncertainty. [Knoxville News Sentinel]
* “We’ll fight another day. This is not over.” While a jury declared that Teresa Wagner wasn’t a victim of Iowa Law’s political bias, a mistrial was called as to her equal protection claim against the school. [Press Citizen]
* Somebody really should’ve told Lawrence Taylor that when testifying in an underage sex trafficking case, it’s probably not a good idea to mention that your accuser was “very, very pretty” and “very sexy.” [Associated Press]
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American Bar Association / ABA, Biglaw, Cass Sunstein, Drugs, Fast Food, Gay Marriage, Guns / Firearms, Law Professors, Law Schools, Military / Military Law, Morning Docket, Sam Sparks, Sports, Student Loans, Ted Frank, UVA Law, Violence
* From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]
* It’s too late to apologize this time, Cesar. Greenberg Traurig has been sanctioned in the TD Bank to-do for the firm’s negligent failure to bring forth documents during discovery. [Tampa Bay Business Journal]
* Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]
* Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]
* “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]
* Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]
* Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]
* Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]
* If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]
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KINNEY’S TOP DOGS IN HONG KONG OVER THE NEXT 10 DAYS
For about the 40th time in the last five years, Kinney Recruiting’s got a team flying to Hong Kong for visits with clients and candidates. Please feel free to reach out to Evan and Robert at asia@kinneyrecruiting.com and set up a meeting with them if you would like to discuss your career and the market.
