At some point, the Department of Education is going to have to step in and put a stop to the American Bar Association’s monopoly over the standards for legal education. The ABA has gotten to the point where it’s just trolling us — making patently ridiculous decisions as if it doesn’t even have to pretend to have a grasp on the challenges facing prospective law students and the legal profession.
The ABA’s “watchdog” for law schools is stepping down. Hulett “Bucky” Askew, of John Marshall Law School in Atlanta, has served as the ABA’s consultant on legal education since 2006. Note: that’s a pre-recession date. I take this as more evidence (as if we needed more) that the ABA has been operating with a pre-recession mentality throughout the entire recession and quasi-recovery.
But let’s stop crying about the ABA’s almost comically slow response to the shifting legal education market. Wait until you get a load of the guy who’s going to be Askew’s interim replacement…
* Arizona’s immigration law is heading to the Supreme Court today. Meanwhile, former Senator Dennis DeConcini lobbed the worst insult ever against his state. How embarrassing for you, Arizona. [New York Times]
* Will Wal-Mart regret not disclosing its bribery investigation sooner? Not when the delay saved millions in criminal fines. What Wal-Mart will regret is being forced into disclosure by the NYT narcs. [Corporate Counsel]
* Delete all the oil from ocean, and then maybe we’ll care about this. A former BP employee was charged with obstruction of justice for deleting texts having to do with the Deepwater Horizon disaster. [Bloomberg]
* “Once you cross the six-figure mark, you think, what’s a few thousand dollars more?” You’re doing it wrong: you’re supposed to be bragging about a six-figure salary, not a six-figure debt obligation. [Baltimore Sun]
* New Jersey residents don’t always have the great pleasure of nearly being killed by two high-speed Lamborghinis, but when they do, they prefer that police officers be suspended and sue over it. [ABC News]
Apparently Google thinks this Mob Wife is a 'cheap hooker.' If nothing else, she totally dresses like one.
* The harsh realities of post-recession practice: will Biglaw leaders have to resort to alternative billing practices in order to survive? Well, they better, or else they’re “not going to have a law firm for very long.” [Washington Post]
* I don’t think “secret service” means what you think it means. Listen up, agents, prostitution might be legal in much of Columbia, but it makes America look bad when you can’t afford a $47 hooker. [New York Post]
* Jessica Recksiedler, the judge assigned to oversee George Zimmerman’s case, may have a conflict of interest thanks to her husband. Somebody’s getting banished from the bedroom this week. [Bloomberg]
* Law firms with ties to New Jersey Governor Chris Christie have seen record profits compared to their take under Jon Corzine’s rule. That said, even if he called them “idiots,” it was totally worth it. [Star-Ledger]
* UMass Law is being reviewed for accreditation by the American Bar Association, and opponents are throwing some major shade. As if Dean Ward’s scandalous resignation wasn’t enough. [South Coast Today]
* Is this house haunted as a matter of law? That’s what this New Jersey couple is hoping that a judge will say about their rental home. Hey, it wouldn’t be the first time it’s happened in the tri-state area. [ABC News]
* AG Eric Holder can thank Obama for this homework assignment from Fifth Circuit Judge Jerry Smith, because it seems like our president forgot about Marbury v. Madison. More on this to come later today. [CBS News]
* Dewey need to buy this Biglaw firm a functional calculator? New information shows that the imploding firm was off by roughly $153M when partners reported 2011 earnings to the American Lawyer. [Am Law Daily]
* You know there’s got to be something questionable about a law school when the accreditation machine that is the ABA gives it the side eye. And no, Duncan Law, a judge still won’t force its hand. [National Law Journal]
* Stephen McDaniel pleaded not guilty at his arraignment for the murder of Mercer Law classmate Lauren Giddings, but will he be released on bail before trial? Only if he’s got $2.5M sitting around. [Macon Telegraph]
* More law school lawsuits are coming down the pipeline, but local lawyers in Massachusetts don’t think that they stand a chance. Why? The highly-educated consumer argument strikes again. [Boston Business Journal]
* Thanks to Gloria Allred, transgender beauty queen Jenna Talackova may be able to participate in the Miss Universe pageant if she can meet the legal requirements for being a woman in Canada. [MSNBC]
We’ve previously written about all of the problems that have befallen Duncan School of Law’s hopes for provisional accreditation by the American Bar Association. With motions pending in Duncan Law’s antitrust lawsuit against the ABA, perhaps the school thought that it could enjoy a momentary respite from all of the negative media attention it’s been receiving.
No such luck. As we mentioned in Morning Docket, a law student has now sued the school — but not because she couldn’t get a job, like the plaintiffs in the other law school lawsuits we’ve seen this year. Instead, this law student is suing the school because she claims that Duncan Law “negligently allowed her to enroll.”
Who is suing the law school, and what are her allegations?
* A former Cravath associate’s law license has been suspended as a result of a DV assault charge. For every day spring bonuses go unannounced, another CSM attorney will do something to embarrass the firm. [Am Law Daily]
* Duncan Law wants wants a judge to reconsider an injunction, claiming “eight students have withdrawn” since its accreditation was denied. In other news, only eight students at Duncan Law have half a brain. [National Law Journal]
* If you liked it, then you should’ve put a trademark on it. Jay-Z and Beyoncé have filed a trademark application for their daughter’s name. Nothing says love like exploitation. [New York Post]
Is it right for a law school to send its students to tolerance camp? Mandatory tolerance camp? Mandatory tolerance camp, where unexcused absences will result in an intolerant notation placed in students’ permanent records?
When I came across the story of a state law school holding a “mandatory” diversity seminar that students were required to attend, my first instinct was to side with the students who objected to the required nature of the program. Generally, I’m not a fan of forcing people to be nice to each other, and you can’t force a man to change what’s in his heart. If students want to be racist or prejudiced to others in their community, that’s something that may demand an institutional response. But if some kids don’t think they’ll benefit much from “diversity training,” whatever that means, so be it.
But when the ABA’s committee on accreditation is telling law school administrators that the student body needs to work on its racial sensitivity, well, you can see how the law school is in a bit of a bind…
Thomas Jefferson once wrote, “I tremble for my country when I reflect that God is just, that his justice cannot sleep forever.” In contrast, Thomas Jefferson School of Law does not tremble before the toothless authority of the ABA. In fact, the school feels free to respond to utter institutional FAIL with peevish blame-shifting. Either TJSL has a serious problem with its admissions standards or it fails students once they arrive. Or some combo platter thereof. Does it matter? Let’s all stipulate that this is a “bad thing.” But what, if anything, should be done?
There are obviously a range of legal/societal stances toward the treatment of “bad things.” Bad things like cigarettes are legal but have mandatory warning labels. Bad things like the New York Lottery are just a Darwinian tax on the ignorant. Predatory subprime mortgage lenders are subject to a patchwork of federal and state laws. Ponzi schemers face criminal fraud charges. Where a law school charging $120,000 for a dubious product fits into the scheme of bad things is open to debate. So we reader-sourced the question. Last week, we conducted a research poll asking:
• Should the ABA impose national minimum LSAT and/or GPA standards for entry into accredited law schools?
• In what range should the LSAT & GPA cutoffs be?
• Should law schools lose their accreditation if their graduates’ bar passage rates fall below a certain threshold?
• Below what level should a school’s accreditation be in jeopardy?
After the jump, you tell us whether and where the lines should be drawn….
* Occupy Wall Street supporters, please take note: this is how you stage a protest. Yesterday’s internet blackout definitely made lawmakers think twice. SOPA bill backers dropped like flies. [New York Times]
* A judge has nixed Duncan Law’s request for injunctive relief against the ABA. Because really, what’s the harm in a memo about a lack of accreditation when you never had it in the first place? [ABA Journal]
* Is the Roberts court really as pro-First Amendment as we’ve been led to believe? Lawyers aren’t really that good at math, but they’ve done studies, you know. And 34.5% of the time, it works every time. [New York Times]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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