Case Western Law

Former dean Larry Mitchell

Color me disappointed. The parties have reached a settlement in Ku v. Mitchell. We won’t get to hear trial testimony about a law school dean allegedly propositioning students and staff or trying to set up threesomes on a bed with Chinese silk sheets.

Okay, let’s rewind. Last October, Case Western law professor Raymond Ku filed a lawsuit against former Case dean Lawrence Mitchell and against the university. Ku alleged that he suffered retaliation after reporting to university officials that Mitchell had potentially sexually harassed women at the law school, including employees and students. In the wake of the lawsuit, Mitchell took a leave of absence as dean, then resigned the deanship (but remained on the faculty).

Today brings word of the parties settling the case. What are the terms of the settlement, and what do the parties have to say about it?

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Who doesn’t want a Larry Mitchell sandwich? Apparently not the former “Special Assistant to the Dean.” In a detailed affidavit, Daniel J.N. Dubé alleges that the former dean of Case Western Reserve Law propositioned him for a threesome (with Dubé’s girlfriend, which is both eww and impressively ballsy), used his office in the constant pursuit of tail, and ordered his subordinates — specifically Dubé — to exact retribution upon those who questioned Mitchell.

We’ve heard rumblings about Mitchell’s alleged misbehavior before, including the lengthy treatment in a Scene article titled Sex, Politics and Revenge, but this is a first-hand account from a young man who directly aided Mitchell before ultimately renouncing his allegiance….

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Since we released the ATL Top 50 Law Schools last week, we’ve received a fair amount of feedback and criticism regarding our approach to ranking schools. As noted (again and again), our methodology considers “outcomes” only — the idea being that, in this dismal legal job market, that’s all that truly matters. Our rankings formula weighs six outcomes; these three below were the most disputed:

Supreme Court Clerks. This is simply the number of SCOTUS clerks produced by the school over the last five years, adjusted for the schools’ size. By far, this is the most heavily criticized aspect of our methodology. “Preposterous!” “Irrelevant!” “Reflective of some weird fetish on the part of one of your editors!” And so on. To which we say, sure, SCOTUS clerkships are irrelevant in assessing the vast majority of schools. Properly considered, this component is a sort of “extra credit question” that helps make fine distinctions among a few top schools.

Federal Judgeships. The number of sitting Article III judges who are alumni of the school, adjusted for size. Some complain that this is a lagging indicator that tells us something about graduates from 25 years ago but little about today’s students’ prospects. Besides, aren’t these appointments just a function of the appointees’ connections? True enough, but this is certainly an indicator of the enduring strength and scope of a school’s graduate network — surely a worthwhile consideration. Connections matter.

Quality Jobs Score. The percentage of students securing jobs at the nation’s largest law firms combined with those landing federal clerkships. The principal criticism with this metric is that it fails to include some categories of desirable job outcomes, including so-called “JD Advantage” jobs and certain public interest/government positions. However, parsing out the “good” jobs from the rest is the problem. Whenever we could, we used the most straightforward, obtainable, and well-defined data points, with the goal of a “quality jobs score” as a reasonable proxy for quality jobs generally.

Read on for a look at which schools rated best in each of the above categories, as well as on Employment Score and Lowest Cost. We’ll also look at some of the biggest gainers and losers in the ATL 50, plus significant differences between our rankings and U.S. News….

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‘We’re not Case Western Law.’

* Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]

* “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]

* The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]

* “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain's Cleveland Business]

* Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]

Dean Lawrence Mitchell

In November 2012, Case Western Reserve School of Law Dean Lawrence Mitchell started his op-ed in the New York Times with the following words: “I’m a law dean, and I’m proud.”

Well, he’s not anymore. Mitchell has been accused of sexual harassment and retaliatory behavior. Mitchell had been on a leave of absence since November, but now, after months of allegations and intrigue, Dean Mitchell is officially stepping down.

Read below the message given to Case Western Law students….

(Please note the UPDATE after the jump, a link to the university’s press release.)

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Dean Lawrence Mitchell

These are not rhetorical questions. We expect candor from the university we hired to educate us. As future lawyers, we won’t accept a Potemkin village and will see through any façade erected to make us feel that all is well. Reminding us that there is a new curriculum (which doesn’t seem to amount to more than shifting around the furniture on the Titanic) will not make us look away from the real issues.

– Editors of The Docket, the student newspaper of Case Western Reserve University School of Law, in an editorial entitled Some Hard Questions for President Snyder, posing queries to university administrators about the retaliation lawsuit filed by Professor Raymond Ku against Dean Lawrence Mitchell (who is now on leave).

As an academic, it’s always gratifying to know that my work is being read and cited by policymakers. Quotes would be nice, and it’s unfortunate that Sen. Paul’s staff was not more careful, but spreading the ideas is more important. Sen. Paul is hardly the first politician to appropriate the words of others without following proper citation conventions, and he will not be the last.

– Professor Jonathan H. Adler of Case Western Reserve University School of Law, reacting graciously to the news that his work got plagiarized by Senator Rand Paul (R-Kentucky).

Dean Lawrence Mitchell

When Dean Lawrence E. Mitchell of Case Western Reserve University School of Law announced earlier this week that he was taking a temporary leave of absence, we offered two theories about why. The first was that the university wanted to remove him from his post so it could conduct an independent investigation of the allegations made against him in a lawsuit by Professor Raymond Ku. The second was that Dean Mitchell wanted to devote his full time and energy to fighting Professor Ku’s lawsuit, which claims that the dean retaliated against Professor Ku after Ku reported alleged sexual harassment by the dean to university officials.

Of these two theories, the second is probably closer to the truth. Through his lawyers, Dean Mitchell is fighting back — hard — and the university seems to be supporting him all the way.

Since we’ve devoted extensive coverage to the allegations of the lawsuit against Dean Mitchell, let’s now hear the arguments defending him (and attacking Professor Ku). Some of them have been made by Dean Mitchell’s lawyers and the university, and some come from Case Western students and faculty members with whom we have communicated. They paint a most interesting picture….

(Please note the UPDATE added to the end of this post, a message just sent out to Case alumni by President Barbara R. Snyder.)

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‘Don’t Tase these, bro!’

* A proposal to raise the retirement age for judges in New York was crushed by voters, but Chief Judge Jonathan Lippman has vowed to continue fighting the requirement — just like a stubborn old man. [New York Law Journal]

* Which law schools have the highest percentage of graduates working as corporate directors or executive officers of companies? You might be surprised by some of the results. Or you might not. [National Law Journal]

* Dean Lawrence Mitchell of Case Western Reserve Law wants parts of the retaliation suit that’s been filed against him tossed for being “scandalous” and “salacious.” But those are the best parts. :( [Cleveland Plain Dealer]

* Thanks to a $25 million donation from an alumnus and his wife, Yale Law School is going to be getting dormitories for law students in the very near future. The thought of all of those coed nerdgasms between future SCOTUS clerks is a thing of beauty. [Fox News]

* Clark Calvin Griffith, the former adjunct professor at William Mitchell Law, has been suspended from practicing law for 90 days after exposing his penis to a law student. Stiff punishment. [Pioneer Press]

* If you were thinking of giving away guns on Facebook, then you should think again. The only way to stop a bad guy with a gun on the internet is with slideshows of the 572 best kitty cat gifs. [Corporate Counsel]

* A police officer in Arkansas ordered a woman to flash him her boobs while she was at work, and when she refused, he allegedly Tasered her repeatedly. She’s obviously suing now. [New York Daily News]

V is for ‘victory’?

Critics of Dean Lawrence E. Mitchell won’t have Dean Mitchell to kick around any more — at least for now. The embattled dean of Case Western Reserve University School of Law, accused in a lawsuit of retaliating against a Case faculty member who blew the whistle on alleged sexual harassment by Dean Mitchell, is taking a temporary leave of absence.

Dean Mitchell and the university haven’t commented much on the allegations of Professor Raymond Ku’s complaint (which was recently amended to add some juicier allegations). The university did issue a statement denying that retaliation occurred, and the dean told the Case community to keep calm and carry on.

To make that process easier, he’s stepping away from his deanly duties for a time. Let’s check out his announcement….

(Please note the UPDATE added at the end of this post.)

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