Santa Clara Law

“Playing Lecture Bingo gets 20 minutes in the corner”

The actual practice of law is much more rigorous than law school. Law school is basically college with lucrative summer jobs and crippling debt. Drinking every day, last-minute cramming, and generally winging it on exams are not out of place. That said, continuing the college-honed approach to my class work in no way conflicted with my understanding of proper professional behavior. I could slap together a paper for “Law and Super Mario Bros.”[1] or whatever seminar I was in and immediately shift gears to drafting well-researched and meticulously prepared memos for partners for my summer gig.

So while ATL is on record as a proponent of encouraging law schools to offer more concrete professional training, it’s not necessary to make class run like a day in the office of the worst partner or in the courtroom of a judicial diva.

That’s why, even though justified as an effort to train students to succeed in the persnickety world of trial practice, we really don’t need this professor’s three-and-a-half pages of single-spaced rules drenched in condescension….

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Obviously a Norton Rose associate.

* Here’s the answer to the question everyone’s been asking since December: the Supreme Court will be hearing the gay-marriage cases on March 26 (Prop 8) and March 27 (Windsor). No extra time for args? [WSJ Law Blog (sub. req.)]

* Wherein Scott Greenfield responds to Mark Herrmann’s thoughts on bench memos — or, in Greenfield’s words, why our important appellate decisions shouldn’t be left “in the hands of children” (aka law clerks). [Simple Justice]

* Will the latest massive mortgage settlements lead to lawyer layoffs? [Going Concern]

* Cy Vance’s ears must’ve been ringing when this opinion came out, because the judges on this appellate panel said the prosecution’s case was based on “pure conjecture bolstered by empty rhetoric.” [WiseLawNY]

* Apparently a Santa Clara law professor is getting pummeled in the comments on various law blogs because of his thoughts on law school. As Rihanna would say, “Shine bright like Steve Diamond.” [Constitutional Daily]

* Meditation and mindfulness are more mainstream than ever in the practice of law, but given all the tales of stressed out lawyers’ alleged misconduct we hear about, you certainly wouldn’t know it. [Underdog]

* And from our friends at RollOnFriday, you can see what the folks at Norton Rose do in their spare time….

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* I didn’t make this list of the 25 most influential people in legal education. That pisses me off. I’m going to start writing about how people shouldn’t trust legal educators because law schools are only interested in profits and not the employment outcomes of their students. That’ll show ‘em! [Tax Prof Blog]

* … Of course, you know what else doesn’t make any list of influencing legal education? The truth. [Constitutional Daily]

* This has been a big day for our friends at Thomson Reuters and at LexisNexis. [3 Geeks and a Law Blog]

* Time Warner Cable is well within its rights to act like feckless cowards. [Huffington Post]

* I like watching the Feds try to roll rich people. I’ve got no horse in the race, I’m just there for the competition. [Dealbreaker]

* U.K. considers forcing fat people to lose weight in order to keep their benefits. I was going to make a “Britain, outsource, BBW” joke, which somehow led me to the Wikipedia page for BBW, a page that has really not at all what you’d expect the graphic on BBW to be. [Legal Blog Watch]

Steven Nataupsky’s résumé?

* Conflict of interest? What conflict of interest? We didn’t have a conflict of interest! Covington & Burling is appealing its disqualification from representing Minnesota in a suit against former client 3M. [Capital Business / Washington Post]

* “If I sent my résumé through the firm, I wouldn’t get looked at.” Knobbe Martens Olson & Bear is hiring so many awesome associates that the firm’s managing partner doesn’t even know if he’d stand a chance. [National Law Journal]

* Doug Arntsen, the ex-Crowell associate who stole $10.7M in client funds and spent it at strip clubs, was sentenced to four-to-12 years in prison. [New York Law Journal]

* Music to Benula Bensam’s ears? In a case of dueling sentencing memos, prosecutors want Rajat Gupta to spend 10 years in prison, but his own lawyers want him to be sent to Rwanda. [DealBook / New York Times]

* Donald Polden, the dean of Santa Clara Law, will be stepping down at the end of this academic year. Hope they’ll be able to find a new dean, because every “influential” school needs one. [San Jose Mercury News]

The [Megaupload] prosecution is a depressing display of abuse of government authority. It’s hard to comprehensively catalog all of the lawless aspects of the US government’s prosecution of Megaupload[.]

– Eric Goldman, Professor at Santa Clara Law and editor of the Technology and Marketing Law Blog, criticizing the government’s prosecution of the infamous cyber locker and its eccentric leader, Kim Dotcom, in a post earlier this week.

(Goldman had a lot to say about the Megaupload case, most of it quite critical of the government. Keep reading to see more of his blunt analysis.)

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Austrian law student and founder of the websit...

Max Schrems, a 24-year-old law student from Austria, has become one of Facebook's fiercest critics.

While most law students are shaking off the winter break and settling back in for the second semester, Max Schrems is busy doing his best to bring Facebook to its knees.

Last year, the 24-year-old University of Vienna law student spent a semester abroad at Santa Clara University in Silicon Valley. His privacy law professor there, Dorothy Glancy, invited a privacy lawyer from Facebook to be eaten alive by speak to the class. Schrems was shocked by the lawyer’s limited grasp of the severity of European data protection laws, and decided to write his final paper for the class on how Facebook was flunking privacy in Europe.

In the course of his research, he discovered that Facebook’s dossiers on individual users are hundreds of pages long, and include information users thought had been deleted. When he returned to Austria last summer, he formed an activist group called Europe v. Facebook (to legitimize his campaign and make it seem like more than just one law student), filed dozens of complaints in Europe about Facebook’s data practices, and publicized his findings online, leading to widespread media attention, a probe by a European privacy regulator, and questions from Congress.

On Monday, Facebook’s European director of policy (and former MP) Richard Allan and another California-based Facebook exec flew to Vienna to meet with Schrems for a whopping six hours to discuss his concerns.

Continue reading at Forbes.com….

The picturesque Richard H. Chambers Courthouse in Pasadena, home of the Ninth Circuit.

California has released some macro-level results from the July 2011 administration of the bar exam. The California bar is notoriously difficult, and every year we like to take a look at which schools prepared their students well for the exam, and which schools did not.

Last year, the overall pass rates were 68.3% for all takers and 75.2% for graduates of the twenty ABA-approved law schools in California. This year, overall pass rates clocked in at 67.7%, while students who went to ABA-accredited law schools in California passed at a 76.2% clip.

But you might be surprised at which California law school had the best passage rate on the California bar. Hint: it’s not Stanford, or Boalt Hall, or UCLA….

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The Golden Gate Bridge, as seen from my hotel room last weekend. (I just got back from the AALS conference in San Francisco.)


Here in New York, home to Above the Law and Breaking Media, we’re gearing up for more epic snow. Those of you lucky enough to live in the Golden State might have to deal with earthquakes, mudslides, and obnoxious celebrities, but at least you don’t have to deal with blizzards.

Falling snow? Not in sunny California. Falling bar exam passage rates? Yes — at least for 2010.

A few days ago, the State Bar of California released overall statistics for the July 2010 administration of the (notoriously difficult) California bar exam. The overall bar pass rates went down by a little — but at some schools, the pass rates went down by a lot.

Which law schools’ pass rates tumbled, and by how much?

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