Politics

UPDATE (5/17/2014, 6:00 p.m.): This piece proceeds on the premise that “Lisbeth” (the woman on whose behalf the fundraiser and Protecting Lisbeth Facebook page were created) and author of the Thought Catalog essay and Protecting Lisbeth blog are the same person. Though the parties involved currently remain anonymous or pseudonymous, this premise appears to be false. I regret any error or confusion.

In an essay for Thought Catalog called “I Had an Affair with My Hero, A Philosopher Who’s Famous For Being ‘Moral,’” an anonymous graduate student describes her soured romance with a prominent professor from another university and how she learned that he initially hid his history of pursuing other young women. Shortly thereafter, her friend started a campaign to crowd-fund expenses for legal action. They created the pseudonym “Lisbeth” for the essay’s author. Under the heading “Help us sue the school protecting a known rapist,” the fundraiser’s description now reads, “I’m Emma Sloan, Yale 2010. My dear friend is suing the professor who tried to rape her and the university for knowingly protecting him. Thanks to donations from our generous supporters, she can afford the $7000 retainer for a forensic psychiatrist.”

The Chronicle of Higher Education reported on the case. Many within the academic community have joined the fray, whether to champion Lisbeth’s cause, attach it to broader gender equality concerns, express doubts, or simply gossip.

Title IX obligates schools that receive federal funds to address sexual violence or harassment on their campuses. To pursue a grievance or official complaint, the person need not herself be the victim of the alleged discrimination. Someone who claims to be the actual victim of a Title IX violation has the additional right to pursue her claim in private litigation against the university. If she can show that the school was deliberately indifferent despite actual knowledge of the misconduct, she can win injunctive relief or money damages for her injuries. Yale’s Title IX coordinator, Stephanie Spangler, is investigating Lisbeth’s claims.

So, where exactly did this professor’s alleged conduct pass from merely smarmy to worthy of legal sanction?

double red triangle arrows Continue reading “The Crowd-Funded Sexual Misconduct Case Against A Yale Professor May Not Hurt Who You Think It Does”

Ed. note: This is the latest post by Anonymous Recruitment Director, who offers an insider’s perspective on the world of law firm hiring.

Today I continue to address some of the questions that I have received from you by email. Once again, I note that these are simply my personal views on the questions presented.

Current Associates

1. How do law firms assess job moves on a résumé, particularly when the moves were dictated by life circumstances (such as the need to follow a spouse into a secondary legal market)?

There is an unspoken belief amongst many recruitment professionals that a candidate who has moved around too often is a problematic candidate.  Whether this is true or not, recruitment professionals view a fifth-year candidate who has already been at three firms as easily discontented. The thought then becomes — why would this candidate be happy at our firm? How are we any different than his or her previous employers? While candidates are often able to explain their moves (e.g., personal circumstances), recruiters then question the depth of experience that a candidate has had to date. Is a candidate who has stayed at one firm for five years more experienced that a fifth-year associate who has moved firms three times?  In my experience, employers always favor the former candidate. Partners like loyalty and depth of experience, be it actual or perceived.

2. How long after graduation should an associate remain at a less than ideal job in a secondary market before submitting a résumé to a Biglaw firm in a more desirable location, such as New York or Chicago?

double red triangle arrows Continue reading “Anonymous Recruitment Director Answers Your Email Questions (Part 2)”

Glenn Greenwald

I have lawyers who are extremely well-connected at the Justice Department who usually can, with one phone call, get [Attorney General Eric] Holder on the phone. And they actually have gotten the people they wanted to get on the phone. And those people have been very unusually unforthcoming about what their thinking is or what’s happening, even to the extent of not being willing to tell them whether there’s already an indictment filed under seal or whether there’s a grand jury investigation…. [T]hey clearly want me to linger in this state of uncertainty.

– Lawyer turned journalist Glenn Greenwald, famous for his reporting on NSA surveillance, discussing with GQ the legal limbo he finds himself in.

(What Greenwald thinks about Hillary Clinton — hint: he’s not a fan — after the jump.)

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Ever have that feeling that someone got your slot in law school even though they didn’t deserve it? They had worse grades, worse test scores… they may not even be able to pass the bar. It’s ridiculous that schools are allowed to have biased admissions policies that discriminate against qualified students in favor of some politically popular factor.

Like, favoritism.

Because this is a story about candidates who — on the face of it — just don’t appear qualified to attend the school, and who just so happen to have political pedigrees and got in….

double red triangle arrows Continue reading “Top Law School Admitted Dozens Of Unqualified — But Politically Connected — Students”

You might die on Mars, but you’d probably be employed.

* Due to the extreme polarization of SCOTUS, with its near constant 5-4 opinion line-ups, “it becomes increasingly difficult to contend … that justices are not merely politicians clad in fine robes.” Yep. [The Upshot / New York Times]

* Tim Wu, the Columbia Law professor who first introduced the term “net neutrality” to the world, had two of his clerkships (Posner and Breyer) “arranged” by Professor Lawrence Lessig. If only we could all be so lucky. [New York Times]

* We’re getting the sinking feeling that the lack of diversity in law school is one of those problems that everyone and their mother claims to be trying to fix, but the lack of momentum keeps it from ever truly improving. [National Law Journal]

* When contemplating what law schools would have to do to get a bailout, this law professor has three ideas, and they involve changing her colleagues’ lives in uncomfortable ways. Well played. [Boston Globe]

* Cole Leonard is struggling to decide between going to law school and going to Mars. Well, he’s more likely to have a job doing anything on Mars than here on Earth as a lawyer. HTH. [Dallas Morning News]

* The L.A. Clippers have a new CEO, for the time being. Say hello to Dick Parsons, the former chairman of Patterson Belknap, a man who the world hopes is not quite as racist as his predecessor. [Am Law Daily]

Despite the ever-growing ways that the U.S. Food and Drug Administration regulates what Americans can consume, FDA does not currently regulate genetically modified food. The State of Vermont wants to step in.

This week, Vermont will become the first state to mandate labeling of food products containing ingredients from genetically modified organisms (GMOs). It would require retailers of raw agricultural commodities to clearly and conspicuously label GMO-sourced food with the words “produced with genetic engineering.” (Think ears of corn in your supermarket’s produce section.) Producers of packaged food products must label their products with similar language if any ingredient contained in the product comes from a genetically modified source. (Think of that 56-ingredient protein bar sitting on your desk.)

The bill passed the Vermont House and Senate, and Governor Peter Shumlin just signed it into law yesterday. The law is scheduled to take effect in July 2016.

Why are some people so lathered up about eating ingredients that come from genetically modified crops? “Monsanto” has become a dirty word, with nouveau-hippie parents washing out their kids’ mouths with biodegradable, SLS-free soap when they hear them say it. Unfortunately, much public debate conflates genetic modification, exposure to pesticides, and all sorts of other “unnatural” stuff related to food.

Ironically, genetic modification of seeds aims to make crops more resistant to pests, disease, and drought, thus reducing the need for conventional chemical pesticides and increasing crop yields. A growing world population demands innovation to produce more crops with fewer resources. Billions of people need to eat. Too many GMO opponents seem to picture Dr. Frankenstein when they should be picturing Gregor Mendel or Mother Teresa. (Or, to be fair, Walter De Jong.)

That, however, is only the beginning of what’s foolish about Vermont’s new law . . . .

double red triangle arrows Continue reading “Food Fight: Eating The Costs Of Not Eating GMO Food”

U.S. Attorney Preet Bharara

* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]

* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]

* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]

* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]

* Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing]

* Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)]

* Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]

Q: You can’t just have a bunch of clients with preexisting intentions to kill someone?

A: Yeah, that would certainly make things more risky for the firm.

– An exchange between Above the Law columnist Carolyn Elefant and Daily Show correspondent Jordan Klepper, in a segment about the trend of small law firms offering “self-defense retainer plans” for gun owners.

(Read more and watch the full, funny clip, after the jump.)

double red triangle arrows Continue reading “Shoot First, Ask Questions Later — As Long As You Have Insurance”

* Remember when I said it was a bad idea to drop off a drunk in Ireland? This is EXACTLY why. [The Independent (Dublin)]

* Oh, Cooley Law School… don’t ever change. [The Faculty Lounge]

* Republican tort-reform advocate settles overblown personal injury suit. Oh the irony. [The Hutchinson News]

* Check that, this is even more ironic. [The Chronicle of Higher Education]

* The U.S. Postal Service helped kill an innovative, anti-junk-mail startup. You could say a bloated government agency is to blame. Or you could say cutting off the Post Office and forcing them to fund themselves through Faustian deals with junk mail distributors is to blame. Either way, a great idea was smothered. [Inside Sources]

* Indicted former Virginia Governor and transvaginal ultrasound enthusiast Bob McDonnell has taken a gig as a visiting professor at an ATL Worst Law School finalist, Liberty Law. Of course. [The News & Advance (Lynchburg)]

* Do you need to be on a law journal to succeed? [Huffington Post]

* Can you get paid for sleeping on the job? Good question. [The Spitz Law Firm]

If you’re like most law students, the Student Bar Association never struck you as a productive use of your law school time. Playing pretend government was something high schoolers did to pad their college applications. But once the Tracy Flicks of the world get their measure of validation from a student body that really couldn’t care less, they move on. Others, however, throw their hats into the ring and run for office in between briefing cases. There’s nothing wrong with it. I mean, somebody has to do it.

Not to get all Karl Rove over here, but a prospective law school candidate should understand the electorate. If you’re going to run for SBA, try to be in on the apathy and realize you need to do something unconventionally attention grabbing. Like Anthony Halmon when he performed a self-written campaign rap song. That election didn’t work out for him, but he managed to get his classmates to look up from their casebooks (read: Scotch) for a minute.

On the other hand, this 1L running for SBA Senator might not have gotten that message….

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