Michael Robertson

A person expects that the area under their clothing is private and protected against hostile intrusion … but if a clothed person is out in public and reveals areas under their clothing, whether inadvertently or otherwise, to plain view, she or he no longer has an expectation of privacy.

– Attorney Michelle Menken, arguing that the Massachusetts Peeping Tom law does not apply to her client, a man who was arrested for exercising his right to free speech — by taking “upskirt” pictures of women on the Boston subway.

When wearing a tie, don’t pop the collar.

Legal education is a hot-button topic these days. Elie Mystal and I have taken our debate on the future of legal education to UNLV and Cardozo Law, in appearances co-sponsored by the Federalist Society and the American Constitution Society, and our roadshow hit Georgetown Law earlier today. (If you’d like to invite us to your school, most likely for the fall semester at this point, drop us a line.)

Despite disagreements over proposed solutions, folks generally agree on what needs to be improved. In an ideal world, law school would be less expensive, and legal jobs would be more plentiful. In an ideal world, more than 55 percent of recent law school graduates would wind up with full-time, long-term legal jobs.

But we don’t live in an ideal world. We live in the real world, which is imperfect and messy and depressing. Law schools and their graduates have to make the best of a challenging situation.

Which takes me to the practice of law schools employing their own graduates. In an ideal world, law schools wouldn’t have to resort to this. But in the real world, it’s not necessarily a bad thing, at least when it’s done right.

So pop your collars in celebration. UVA, I’m looking at you….

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