Law School Deans

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…

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The power to thwart God's will is at your local drugstore.

Who’d have thunk it? These days, contraception is a hot-button issue. On the campaign trail, presidential candidate Rick Santorum thinks that Griswold was wrongly decided. Inside academia, students are challenging the refusal of one Catholic university (including its law school) to let its health centers prescribe birth control.

Getting upset over inadequate access to contraception is one thing. What about getting upset — at a Catholic law school, mind you — over a discussion of birth control? Can you imagine what kind of comments about contraception could cause a law school community to get all riled up?

Let’s look at — and argue about — the email that caused students at one top-ranked Catholic law school to get their diaphragms all scrunched up proverbial panties in a wad. Even the dean had to get involved….

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Kyle McEntee (left) and Patrick Lynch (right), co-founders of Law School Transparency (LST).

Late last year, plaintiffs’ lawyer David Anziska pledged to make 2012 “the year of law school litigation.” Anziska, who’s currently spearheading efforts to sue law schools over allegedly misleading employment statistics, told my colleague Staci Zaretsky that he and his team members “want to sue as many law schools as we can to bring them into the fray.”

That’s all well and good — for plaintiffs’ lawyers, and for news outlets like ours seeking juicy stories to cover. But there are other ways to achieve reform. So here’s another thought: Could 2012 instead be the year of law school transparency? Transparency achieved voluntarily, by law schools coming forward on their own to share comprehensive data about how their graduates are faring in the job market?

In the weeks since we wrote about the University of Chicago Law School providing very detailed employment data about its recent graduating classes, based on our interview with Dean Michael Schill, we’ve heard from deans, professors, alumni and students of other law schools, all with similar messages. They believe that their schools, like Chicago, are also transparent about graduate employment outcomes — and they want to be recognized for it.

This chorus of “me too!” messages raises a promising possibility: Is law school transparency becoming, for lack of a better word, “cool”? Will honesty about employment data become the hot new trend for U.S. legal education?

Perhaps. But there’s still a long way to go, as shown by a report issued this week by Law School Transparency….

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Being a student at Penn State has to be about as close as you can come to being in a World War I foxhole. Their reputation is just getting bombed from all sides. Right now, kids should just be trying to keep their heads down and ride this out.

But in the PSU Law foxhole, somebody just laid an egg.

Apparently students at Penn State’s Dickinson School of Law have already been banned from a few area hotels for drunken and inappropriate behavior this fall. And now a student is throwing around a slur on the school list-serv.

It’s not happy times in Happy Valley…

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Outgoing NYLS Dean Rick Matasar

Even at the annual meeting of the Association of American Law Schools (AALS), the criticism of the legal education business just flowed. Everybody, it seems, has an opinion on what is wrong with law schools these days.

While many of the law school deans and other administrators at the conference acknowledged problems with the system, most of the actual critiquing came from people with no power to change it. Media members (ahem) criticized law schools, judges criticized law schools, outgoing deans of law schools that shamelessly profiteered off of unwitting law students criticized — and the people who could actually change their systems dutifully listened.

But despite all of the critiques, there weren’t a lot of schools that seemed ready to institute sweeping change to the business of educating lawyers. And why should they? Change won’t come from above, and right now prospective law students are not demanding change from below…

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Jeremy Paul

For Yale, it’s very economically feasible because almost nobody would do it.

Jeremy Paul, dean of the University of Connecticut School of Law, commenting on the likelihood (or lack thereof) of law schools adopting the unconventional tuition reimbursement policy proposed by Yale Law professors Akhil Reed Amar and Ian Ayres in their thought-provoking essay, Paying Students to Quit Law School

Morning Docket: 12.29.11

I know why the caged bird tweets.

* Here’s a nice round-up of some of the most controversial laws that will be enacted in 2012. Looks like California is going to have some fabulously multicultural litigation. [Associated Press]

* What do you get when you cross an artist with a penchant for Rastafarians with the son of a Boies Schiller name partner? The biggest copyright fair use appeal ever. [New York Times]

* A Massachusetts town paid Phoebe Prince’s family only $225K to settle. With lawyer’s fees, it’s almost not even worth suing if your kid gets bullied to death. [ABC News]

* Everyone is going cuckoo over Iowa’s conservatives, even the Eighth Circuit. Iowa Law’s former dean is facing a political discrimination suit. [WSJ Law Blog]

* Apparently, this PhoneDog Twitter account case is a pretty big deal in the world of social media law. I’ll turn discussion of this issue over to our social media expert, Brian Tannebaum. [CNN]

* An employee at a presumably small law firm in New York had her jaw shattered while a thief ransacked the office. Give this woman a bonus. Hell, give her a raise, too. [New York Post]

Morning Docket: 12.23.11

* Merry Christmas! House Republicans will get one less lump of coal in their stockings this year after accepting a two-month extension of unemployment benefits and payroll tax cuts. [New York Times]

* Another birther lawsuit has been thrown out, but Orly Taitz won’t be stopped. She’s like the Energizer Bunny of questionable litigation. She’ll keep appealing, and appealing, and appealing… [Los Angeles Times]

* John Edwards is trying to delay his criminal trial, claiming to have a mystery medical diagnosis. What kind of disease does karma hand you for cheating on your sick wife? [New York Daily News]

* Nora Demleitner will be will be stepping in as the new dean of Washington and Lee University School of Law. Hofstra Law, you M.A.D.? [National Law Journal]

* Is the American Bar Association really driving up the cost of law school tuition, or is it the law schools themselves? Here are some graphs that might surprise you. [Am Law Daily]

Michigan Law School, a state school, charges $46,586 per year in tuition. It then conservatively expects students to incur another $18K-plus in living expenses to bring the price tag for one year’s worth of a Michigan legal education to $64,716 for in-state residents. That prices out to $194,148 for the full three years, and that’s assuming that Michigan doesn’t raise tuition while you are there.

And Michigan is one of the few places that can, more or less, claim that it’s worth it. To be sure, it’s not worth it for all the students. Remember, Louisville Law Dean Jim Chen just told us that people need to make three to six times their law school’s yearly tuition in annual salary if they go to school on loans and want to one day be financially sound homeowners. Some Michigan grads are banking upwards of $279,516, but certainly not all.

Still, one would expect a significant amount of that high tuition goes toward making Michigan Law what it is, and keeping the professional opportunities rolling for Michigan graduates.

Apparently, keeping Michigan Law what it is involves paying Michigan Law Dean Evan Caminker quite a tidy sum….

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I’m really enjoying the newfound interest from the New York Times about the state of legal education. Times reporter David Segal seems genuinely interested in recording the growing tragedy of American law schools.

Concern from mainstream media is great, but the proposed solutions are a little bit scary. Last month, Segal Slate explored the possibility of paying people to not go to law school.

As we mentioned in Morning Docket, Segal is at it again. This time, he’s questioning the American Bar Association’s role in keeping the cost of legal education so high. Unfortunately, the solution seems to be letting everybody who wants to open a law school do so.

Is it worth pushing down the price of legal education by offering really crappy legal education?

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The battle for greater law school transparency, for more accurate and complete information from law schools regarding the jobs obtained (or not obtained) by their graduates, has many fronts. Some advocates for transparency work through organizations, such as the Tennessee non-profit Law School Transparency. Some have turned to the political process, where the issue of transparency has attracted the attention of several United States senators. And some have looked to litigation, suing law schools for providing allegedly misleading data about post-graduate employment outcomes.

Here’s an interesting idea: what if law schools just started posting comprehensive, accurate employment data on their websites? On a voluntary basis — not compelled by politicians, lawsuits, or the American Bar Association (ABA)?

Wouldn’t that be great? And wouldn’t it be helpful to prospective law students trying to decide whether it’s worth investing three years of their lives, and a large amount of (often borrowed) money, to pursue a law degree at the school in question?

Take a look at what they’re now doing at the University of Chicago Law School. Could it perhaps serve as the model for law school reporting of employment data?

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There’s a lot to unpack this morning about the sudden resignation of Lawrence Sager, Dean of the University of Texas Law School.

Before we get into the rumor circus — and it’s a complete circus right now — let’s get some facts straight:

A) Larry Sager was already on his way out. We reported in August that Sager had decided to step down at the end of the year.
B) Sager was forced out yesterday. UT President William Powers Jr. told the Austin American-Statesman: “We asked him to step down and he did.” Stefanie Lindquist takes over as interim dean, immediately.

If some reports are to be believed, it’s not an accident that a woman will be replacing Dean Sager. Allegations of gender inequality when it comes to pay are hounding Sager as he makes this hasty exit.

Let’s delve into it and get some student reaction…

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[Y]ou have one child who is a lawyer; you don’t think twice about it. You have two, and you write it off as a coincidence. You have three, and you begin to lie awake at night and scratch your head. You have four, you’re pretty sure there is a special place for you reserved in the hereafter.

– Dean Joseph Kearney of Marquette University Law School, recalling one of his father’s quips about his children’s career paths.

Not good times.

Earlier this week, we told you about the Northwestern Law student who made a joke about Thailand on the Northwestern listserv. The joke was in poor taste, especially given that it was in response to a solicitation for charitable donations after a deadly flood in Thailand.

I thought the penalty would be a chorus of “too soon” every time somebody saw him on campus. But the Northwestern Dean tells us that the kid is being punished….

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On Friday, we told you about Michael Avery, a professor at Suffolk University Law School who objected to a school-wide solicitation for care packages for American servicemen fighting in Afghanistan.

If I were in charge of Suffolk University, I’d have just said, “Yeah, Professor Avery can be a dick sometimes, whatever,” and moved on. I mean, it’s an entire university; I think most people assume that the views of one man don’t necessarily reflect the view of the entire university.

But the powers at be at Suffolk couldn’t leave it at that. Both the dean of the law school and the president of the university had to weigh in and defend, well, everything.

I’m sure all the military guys know what happens when one defends everything….

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Morning Docket: 11.14.11

* Pennsylvania may have new child abuse reporting requirements by the year’s end. Apparently the key to efficiency in state government is to sully the reputation of the state’s pride and joy. [CNN]

* “There is always room for a good law school, regardless of the climate.” Say hello to Peter C. Alexander, the founding dean at the Indiana Tech law school that nobody wants. [Journal Gazette]

* The hunt for the remains of Mercer Law grad Lauren Giddings is playing out like an episode of Scooby Doo. Will the gang be able to investigate at Old Man Jenkins’s Browning’s farm? [Macon Telegraph]

* A paralegal-cum-prisoner is suing over his soy-based diet, saying it’s cruel and unusual punishment. He’s doing life for child sexual battery, so I say bring on the soy! [New York Times]

* Lat once said that lawyers are like cockroaches: you can’t kill them. Probably why this lawyer bugged out when he saw his creepy-crawly brethren on an AirTran flight. [New York Daily News]

Let a thousand law schools bloom?

Critics of the current legal-education model, including my colleague Elie Mystal, have accused the American Bar Association of failing to uphold sufficiently stringent accreditation standards. ABA-accredited law schools proliferate, even though thousands of law school graduates find themselves unemployed or underemployed.

The ABA was recently chided by the National Advisory Committee on Institutional Quality and Integrity for various alleged deficiencies in the ABA’s exercise of its accreditation power (for example, failure to consider student-loan default rates in assessing programs). Politicians such as Senators Barbara Boxer (D-CA), Charles Grassley (R-IA), and Tom Coburn (R-OK) have also raised questions about whether there are too many law schools and law school graduates, especially in light of the still-challenging legal job market.

In light of this debate, I was eager to attend a panel at the Federalist Society’s National Lawyers Convention on the subject of law school accreditation….

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On Friday, we told you about the angry recent law school graduate who emailed a scathing letter to the alumni officers at his alma mater, Loyola Law School – Los Angeles. The graduate, whom we nicknamed “Loyola 6L,” called out the school’s career services office and the dean, Victor Gold.

Loyola 6L sent out his letter on Tuesday of last week. Last Thursday, alumni services decided it was time to have an alumni mixer.

Coincidence?

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I told you so.

Longtime Above the Law readers will remember the Southern New England School of Law. We extensively covered the purchase of that unaccredited private law school by the University of Massachusetts, which turned it into the state’s first public law school, renamed the UMass School of Law. I opposed the transition.

But nobody listened to me and the plans went forward, with UMass Law supporters talking about what a great thing the school would be for the people of Massachusetts. Just over a year ago, UMass Law Dean Robert Ward was crowing about the school’s re-opening and the record number of applications it received.

Today, Dean Ward is resigning, under a cloud of scandal….

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Better as a redhead.

* You know you’re screwed when law school folks are coming after you. A University of Hawaii Law dean has jumped aboard the “sue Facebook for wiretapping” bandwagon. [The Republic]

* Walk like an Egyptian? Emory Law student, Ilan Grapel — who was detained by Egypt on espionage charges — may soon be released in an exchange with Israel. [NBC New York]

* Lindsay Lohan’s probation was revoked, and she’s facing up to a year in jail. Judge Sautner doesn’t like her, so here’s hoping that LiLo’s single and ready to mingle. [New York Daily News]

* Heather Mills is being sued by her hairdresser over $80K in unpaid bills. After getting $50M in her divorce, she can’t cry poverty — she wouldn’t have a leg left to stand on. [Daily Mail]

* Being sexy and using kinky props for a song entitled “S&M” aren’t options anymore, because David LaChapelle has settled his copyright suit against Rihanna. [Rolling Stone]

* Peter Mullen, executive partner during the M&A boom at Skadden Arps, RIP. [New York Times]