Unpaid Internships

To ask the students to, on top of [paying for law school], do an internship and not get paid for it, I think that’s just ludicrous. The ABA should do better.

– Monalisa Dugué, a student at Valparaiso University Law School, commenting on the fact that the American Bar Association prohibits law students from receiving monetary compensation for academic credit-bearing internships and externships. Dugué, a mother of two, was forced to leave an internship this summer because working for free “became too expensive” — her financial situation eventually became so dire that she “couldn’t even afford to put food in the refrigerator.”

(The ABA had the chance to revise its rule barring pay for academic credit-bearing internships and externships this summer, but law students’ hopes were quickly dashed. Better luck next time, struggling students.)

* David Letterman and CBS got smacked with the latest internship class action. To think, poor Paul Shaffer’s been working for free all those years. [Deadline]

* Class action could be on the horizon over high-frequency trading. [Wall Street Journal]

* Frankly, I don’t know what the problem is. [Washington Post]

* You may have been following the story of Justice Ginsburg’s officiating a wedding in New York this weekend. Well, if so, here’s the Times write-up. [New York Times]

* The federal courts are looking at tightening the word limits on appellate briefs. How do you feel about this move? I’m with the author that “The number of cases where attorneys think they need a word extension is greater than the number of cases that actually warrant one.” [New Mexico Appellate Law Blog]

* Scott Brown, formerly of both Massachusetts and the Senate, is threatening to sue Harvard’s Larry Lessig after Lessig labeled the Nixon Peabody “advisor on governmental affairs” a “lobbyist.” Lessig asks if the campaign preferred he write the more technical, “sold his influence to a DC lobbying firm.” Ha. [Time]

* Fordham professor Susan Scafidi, founder of the Fashion Law Institute and designer Narciso Rodriguez make the case for strong legal protection for fashion designs. [Room for Debate / New York Times]

* On Friday, Keith Lee wrote about a lawyer who billed a client for sanctions. We’ve written before about lawyers billing for the time spent boning their clients. A law professor who teaches professional responsibility asks: “Is billing for sanctions better or worse than billing for sex. I say sanctions. Can we have a survey on this?” Of course you can. Poll after the jump….

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* For all of you gearing up for the bar exam, take heart that failure isn’t the end of the world. At least if you fail with a last name like “Roosevelt” or “Kennedy.” [Buzzfeed]

* Hobby Lobby may be behind us, but there are still anti-ACA cases on the horizon. [The Advisory Board Company]

* Morning Docket noted Neal Katyal’s op-ed suggesting the Supreme Court was less divided these days. Consider this a detailed response. [mitchellepner]

* Thoughts on Kitchen v. Herbert. [Pollvogtarian]

* The great unpaid internship revolt is on. And based on Harris, we should expect the working stiff’s got a great chance here. [Capital New York]

* Some right-wing college paper is bent out of shape that a full law professor teaching one class (and running a clinic) is paid over $200,000. That salary actually doesn’t sound all that shocking. Now what would be interesting (though these folks probably wouldn’t care) is how that salary stacks up to his female colleagues’ pay. [The College Fix]

* Ever see Jimmy Kimmel’s “Celebrities Read Mean Tweets” sketch? Here’s video of professors reading mean evaluations… [TaxProf Blog]

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* Beastie Boys prevail in another intellectual property fight. This time winning $1.7 million from Monster Energy — the drink that guarantees you’ll get no sleep until Brooklyn. [Grantland]

* Law school hands out the wrong exam. To the whole class. [Legal Cheek]

* Best politico defense of taking a bribe: I was too drunk to realize I was being bribed! [New York Post]

* Lawyer wrote “go ahead and disbar me” to Departmental Disciplinary Committee. Sometimes there’s no just bluff to call. [Legal Profession Blog]

* One more problem with high student debt: debt alone can nix your character and fitness approval. [Arizona Law Review]

* A celebration of courtroom illustrators in light of the release of The Illustrated Courtroom: 50 Years of Court Art (affiliate link) [Illustrated Courtroom]

* Vice Media is doing tremendous work exposing injustices. Perhaps they need to look into their own office. (UPDATE: Vice has changed its ways and now pays its interns.) [Capital New York]

* In a comical bout of karma, a landlord sued its blogger resident for alleged defamation. Next thing you know, HUD inspection records come to light. Let’s just say the landlord should be very unhappy that truth is a defense. [Columbus Dispatch]

* Check out the conclusion of ReplyAll’s conversation with John Grisham. [Above the Law]

* Do you think someone is not happy with Jones Foster’s billing practices?

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* Who is the “Man In Black?” If you said, “Johnny Cash” you’d have been wrong in this instance. But right in life. [The Volokh Conspiracy / Washington Post]

* Oh screw these guys. Hospital fires a radiation therapist who helped the mother of a cancer patient get in touch with the kid’s favorite football team. [Courthouse News Service]

* The latest on Net Neutrality. [LXBN]

* More news in the struggle to end unpaid internships — plaintiffs suing Warner Bros. have been granted the right to invite more people to a class action party. [Inside Counsel]

* There’s a quirk of the criminal justice system unfairly hurting African-Americans. I’m sorry, I thought that was all the criminal justice system. [PolicyMic]

* We’ve been wondering where Ed Siskel would land after leaving the Office of White House Counsel. Well, now we know. Congratulations WilmerHale. [Main Justice]

‘We’re all going to be Free Speech lawyers for underprivileged!’

* This law school will only accept students who want to be lawyers for the “right” reasons. In other words they’re admitting everyone because literally no admissions essay ever says, “I want to be a lawyer so I can make bank covering up a Ponzi scheme.” [Huffington Post]

* Chelsea Clinton is pregnant. Do you ponder how this will impact Hillary’s 2016 plans? Then you’re stupid or sexist or both. [The Baffler]

* Sexually harassing unpaid interns with the full protection of the law was fun while it lasted in New York. [Slate]

* Mark Herrmann shows you how to write articles that are not only boring but that actually deter anyone from trusting you as a lawyer. [The Young Lawyer / ABA]

* How do you deal with political talk in the office? Booze helps. [Corporette]

* More on the wackadoo pro se legal theory that having fringe on an American flag merits an automatic dismissal. [The Volokh Conspiracy / Washington Post]

* The rent is too damn high! [Lawyers, Guns & Money]

* Remaining calm when your client can’t. [Katz Justice]

* Lawyer makes cookies out of vegetables. It sounds gross to me, but I’m willing to try anything once. [Globe & Mail]

Duke: national champions when it comes to law school softball.

* According to the Bureau of Labor Statistics, the legal sector added 2,300 jobs in 2014. Our sincere condolences go out to all those who are still “too overqualified but too under-experienced,” all at the same time, to get hired. [Am Law Daily]

* This lawyer protested jury duty by emailing the judge to say she’d “blame the plaintiff” for making her work nights and weekends for her client, but she can only blame herself for having to spend the night in jail. Oopsie! [Daily Report (reg. req.)]

* “Would it be great if all unpaid internships paid really well? Sure. It would also be great if my dog made breakfast for me every morning, but I am not going to file a lawsuit over it.” Yep. [Los Angeles Times]

* The law school transparency movement has come quite far since its inception, but there’s a lot of room for improvement. Encourage your school to hurry up and “publish what it has at its fingertips.” [Law.com]

* UVA Law held its Softball Invitational this weekend. A Duke Law dude emailed us to say his school sucks at basketball, but it’s awesome at law school softball. Sweet accomplishment, brah. [Newsplex]

* Corporette tackles the thorny question of what to do with your email when you leave a firm. Personally, I used my email to offer my firm’s services to a whole panoply of Nigerian princes on my way out the door, but her advice is good too. [Corporette]

* Cursing out someone in court in a foreign language will not protect you from criminal contempt. Well, my investment in Rosetta Stone Romanian just went down the drain. [Southern District of Florida Blog]

* Requiring wild animals to be microchipped is not a regulatory taking. Besides, as I read this NSA stuff, it seems like we should be more concerned about humans being microchipped than some Ocelot (named Babou, obviously). [IT-Lex]

* This is just awful. There’s no joke here. Well, there is, but I’m not going to make it. [Fox News]

* A little late, but this is a fun April Fools’ Day riff on Biglaw expansion efforts. I’m not saying they’re making fun of DLA Piper, but they’re totally making fun of DLA Piper. [Green Patent Blog]

* If you’re looking for a public records request to make of the City of Philadelphia, try getting every document surrounding the decision to go after unpaid labor at the expense of giving paying work to lawyers. Screenshot here in case they get wise to the bad publicity. [Philadelphia Bar Association]

* Kent Zimmerman discusses how some law firms are finding growth in the challenging market. Check it out after the jump…. [Mimesis]

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Alex Rich has a whole “worst job” thing going for contract attorney gigs. So far, that little contest has turned up lawyers getting paid minimum wage. That is pretty dismal.

But what about getting paid zero?

While some federal judges are making tentative steps toward ending the exploitation of regular folks at the hands of unpaid internships, others feel you shouldn’t have to pay for a cow when you can get milk from desperate cows hoping that giving away their labor might increase the dim likelihood of securing a decent wage somewhere else in the long-term for free.

If you’re looking to work for free, maybe this job listing is for you. If you just want to hate on a federal judge for taking advantage of lawyer misery for personal gain, you may want to read on as well…

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I think we all saw this day coming. Supreme Court Justice Samuel Alito certainly did. Last term, Alito’s holding in Vance v. Ball State essentially announced that it was open season on women you work with as long as you are not their direct superior. Thanks to “Alito time,” you can now sexually harass pretty much any woman at the office so long as she doesn’t directly report to you, without getting your employer in trouble.

And sure, while it might be fun to sexually harass your boss’s secretary, asking female colleagues to “touch it” is not without its dangers. In this crazy world, the female object of your desire might one day become your boss, or something similarly ridiculous. And who really wants to feel up a career-oriented co-worker anyway? Even if she can’t sue the company, she’s probably just going to be bitch about it in some uncool fashion anyway.

No, the gold standard for harassing people at work are the young, nubile, and generally helpless interns. They’re the ones who can’t really even complain about it. They’re the ones who might take your creepy advances as a career opportunity. And now, according to a New York judge, you can do pretty much anything you want to them, so long as they are so desperate as to be working for your company for free….

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