University of Chicago Law School

Taking A Closer Look at Elena Kagan’s Description of Confirmation Hearings as a ‘Vapid and Hollow Charade’

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A younger Elena Kagan

It’s Elena Kagan’s “wise Latina” comment. Just as Court watchers dug up a controversial, eight-year-old statement by Sonia Sotomayor last year, they have unearthed a law review article that Kagan authored in 1995 when she was a young law professor at the University of Chicago. In it, she criticized the Supreme Court confirmation hearings as they existed then (and now) as a “vapid and hollow charade,” in desperate need of reform to get at a nominee’s true judicial philosophy and views.

Now the statement is being thrown back at Elena Kagan as she prepares for her own confirmation hearings. Such is the nature of the modern confirmation process, when everything one has said or written can be found in the immense digital file cabinet that is the Internet (which is not always a bad thing, as Lat and Kash argue in a Washington Post piece today on myths about the confirmation process). A search of “Kagan and charade” in Google returned over 5,000 results this morning.

This seems like an opportune time to take a more thorough look at the 25-page book review from which the sound bite comes, and to highlight other passages that shed light on a 35-year-old Kagan’s opinion of the confirmation process. Not all of it casts a dark shadow when brought to light today. Regarding a nominee’s qualifications for the highest court, she presciently asked:

Must, for example …, a nominee have served on another appellate court — or may (as I believe) she demonstrate the requisite intelligence and legal ability through academic scholarship, the practice of law, or governmental service of some other kind?

Perhaps by serving as Harvard Law School dean, and then as Solicitor General?

What other gems can be found in the 15-year-old document?

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Open Thread: 2011 U.S. News Law School Rankings (1 – 5)

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The new U.S. News law school rankings are out. Now it’s time to allow students and alumni to weigh in on their law school and their brand new rank.

At the very top, the order remains unchanged. Yale, Harvard, and Stanford continue to be kings of the U.S. News world. If prospective students can get into one of these schools, they should probably go. Biglaw, legal academia, and Article III clerkships await graduates of these prestigious institutions.

We know the stereotypes of the east coast schools. Yale is the elite training ground for clerks and scholars — and Biglaw dollars are available to those students who want a slice of the pie. Harvard is the most prestigious J.D. diploma factory in the world. HLS is all about big numbers: lots of students, and lots of money for graduates who dive into Biglaw.

Is Stanford the Yale of the west or Harvard of the west? Or would Stanford be ranked even higher but for “east coast bias”? Aside from U.S. News prestige, what’s special about Stanford that Berkeley students wouldn’t understand?

The subtle differences between the top-3 are questions for only a few LSAT rockstars.

Next, let’s check in on Chicago’s march up the rankings…

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John Yoo v. Bob Barr Debate Presidential Power
And: Did Yoo just accuse the Bush Administration of ‘incompetence and stupidity’?

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John Yoo John C Yoo John Choon Yoo law professor.jpgThis afternoon, the Federalist Society at the University of Chicago Law School sponsored an interesting debate. It featured Berkeley law professor John Yoo, author of the so-called “torture memos,” and Bob Barr, the prominent libertarian and former congressman, debating the following subject: “Presidential Power v. Civil Liberties in Times of War.”
(Executive power is the subject of Professor Yoo’s new — and well-reviewed — book, Crisis and Command.)
Reports on the proceedings from attendees — plus comment from Professor Yoo, who apparently accused the Bush Administration of “incompetence and stupidity” — after the jump.
UPDATE: Photos added, after the jump.

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And: Did Yoo just accuse the Bush Administration of ‘incompetence and stupidity’?“

An Update on Loren Friedman, the U. Chicago Transcript Tinkerer

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Bad Report Card.jpgLoren Friedman earned Lawyer of the Day honors here back in 2008, when the then-Curtis Mallet associate was busted for doctoring his law school grades from the University of Chicago, by changing Cs into Bs and As.

Almost two years after the ethics complaint against Friedman was filed, the Illinois Review Board has rendered its verdict.

(We’re a little late in bringing you the news; the Legal Profession Blog noted the judgment last week.)

Good news for the unethical. Fudging your grades will get you gigs at Skadden Arps and Sidley Austin, but won’t get you disbarred. At least not in Illinois. Instead, the Board proposed an 18-month suspension, reduced from the three year sentence previously recommended.

UPDATE / CLARIFICATION: As noted by a commenter, Friedman won’t automatically be reinstated after 18 months. Rather, because the suspension is 18 months “and until further order of the court” (UFO), he will have to “satisfy his obligation of establishing his character and fitness before resuming practice.”

No big deal. Friedman has other things to occupy his time these days….

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Breaking: UCLA Law Dean Michael Schill Will Leave for Chicago

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UCLA School of Law logo.JPGUCLA School of Law will lose its dean at the end of the year. Dean Michael Schill will leave the law school at the end of the year to assume the deanship of the University of Chicago Law School. Dean Schill just informed his students over email:

Dear Members of the Classes of 2010, 2011, and 2012,
A little over five years ago I came to UCLA School of Law from the east coast to become dean of one of the greatest educational institutions in the world. From the moment I arrived I appreciated the strength and depth of our student culture. Indeed, you are part of the reason my five years as the dean of this school have been the happiest and most fulfilling years of my life. Thus, it is with mixed emotions that I announce today that I will be leaving the deanship at the end of the calendar year for a new challenge as dean of the University of Chicago Law School.

Why is he leaving so suddenly? Why was this decision made now instead of over the summer? University of Chicago Dean Saul Levmore announced he was stepping down back in February. Why the late trigger at UofC?
Dean Schill offers some additional information about his decision process — and the University of Chicago touts its new dean — after the jump.

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Survivor: The Lawyer and Law Student Edition

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law students lawyers Survivor montage.jpgThe cast for the latest season of Survivor, which premieres on September 17, has been announced. This season, the show’s nineteenth, takes place on the tropical island of Samoa.
Four of the 20 contestants, or a fifth of the field, are either lawyers or law students. Is appearing on a reality television show the best way to wait out the recession?
We believe this to be the highest number of law-related contestants in a single season. We reached out to Charlie Herschel — the former Survivor contestant and current Weil Gotshal associate, who has encyclopedic knowledge of the show — and he said that, as far as he knows, four would be a record. Herschel explained:

Lawyers are making a better showing than bartenders for once on Survivor! There was a lawyer on the first Survivor who sued producers for rigging the show. Word was that they avoided casting lawyers after that.

Also, it’s generally difficult for lawyers to drop everything at a moment’s notice for the casting process and also for the show (which is required), so they have trouble casting lawyers. Most of the lawyers on survivor dont practice anymore.

Perhaps you know one of these four. Let’s learn more about them, shall we?

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Legal Eagle Wedding Watch 8.2: Turkish Delight

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champagne glasses small.jpgHow young is too young to get married? Or more to the point, how young is too young to appear in the NYT weddings pages and not look foolhardy or vaguely scandalous? We ask because these newlyweds, ages 22 and 24, strike us as shockingly young. (And it’s definitely not a shotgun wedding — click on the link and you’ll see why.)
At any rate, this week’s featured newlyweds are all older than 22, so it’s a moot point. (If you want to ponder the trends in MAFM [median age at first marriage], here’s more.) Our finalists:

1. Caroline Nyenke and LaRue Robinson
2. Elianna Marziani and James Nuzum
3. Zehra Dincer and Matthew Mazur

Click on the link below for the scoop on these newlyweds.

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Legal Eagle Wedding Watch 7.26: Dolores!

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This couple definitely merits an honorable mention this week. They met a year ago in Vegas and turned a 24-hour hookup into a NYT wedding announcement featuring seersucker, a 6-year age difference, and a JD from Widener. It’s certainly one of the more colorful lawyer wedding announcements we’ve seen in a while (although we concede the bar is fairly low).
We even managed to find a picture for you, seersucker and all. They look like they know how to party, don’t they?
On to our finalists, who are more prestigious — but admittedly a bit less colorful:

1. Dolores DiBella and David Schmid
2. Susanna Cowen and Ross McSweeney
3. Kara Burke and Matthew King

Check out these couples’ photos and qualifications, after the jump.

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Legal Eagle Wedding Watch 7.5: The Richest Guys in the Room

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champagne glasses small.jpgLEWW often hears complaints about the elitism and snobbery of the NYT’s wedding coverage (and, by extension, our coverage of the coverage). “What about all the couples who didn’t meet at Harvard?” critics cry.
In response, we’d like to point you to this Vows column from mid-June. Roughly twice a year, the NYT covers the wedding of what it presumably considers “average Americans,” seeking thereby to demonstrate that its weddings sections isn’t only for privileged Ivy Leaguers and their wealthy parents. This one, for example, features a pregnant bride and at least one electronic monitoring bracelet. Enjoy.
And now, this week’s legal eagle finalist couples (six people, six Harvard degrees, zero ankle bracelets):

1. Katherine Zeisel and Joshua Salzman
2. Maria Gambale and Zachary Taylor
3. Karen Milkosky and Patrick Curran

Check out these couples’ résumés and photos, after the jump.

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Legal Eagle Wedding Watch 5.31: Canon-Baller

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champagne glasses small.jpgWe were dying to write about this wedding announcement, featuring a slutty Strawberry Shortcake costume (WTF?) and a wacky/tacky proposal story. But alas, commenters would have crucified us for elevating comedic potential over excellence.
So behold, this week’s finalists. They include five Harvard degrees, five Yale degrees, and OMGOMGOMG the best Article III officiant ever. Enjoy.

1. Jessica Richman and Matthew Smith
2. Jessica Hertz and Christopher Angell
3. Ashley Lynn and Kenneth Leonczyk Jr.

The scoop on these legal-eagle weddings, after the jump.

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Legal Eagle Wedding Watch 4.19: Partnership Prospects

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champagne glasses small.jpg

The first weekend after Easter traditionally marks the beginning of High Wedding Season, where the weekly NYT fodder switches from merely interesting to heart-stoppingly impressive. This year is no exception, as last Sunday’s pages were chock-full of prestigious lawyer couplings.

Here are the three best:

1. Dena Ringold and David Gossett

2. Ashley Potter and J. P. Bruynes

3. Tracy Zuckerman and Ryan Van Grack

Our complete analysis of these couples, after the jump.

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Legal Eagle Wedding Watch 2.15: First-Rate

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champagne glasses small.jpgThere was no LEWW last Friday because last week’s wedding pages were even bleaker than the Biglaw employment news. We’ve bounced back nicely, though, because Valentine’s Day fell on a Saturday this year, making this week’s weddings section a February feast of premium nuptial news.

We present three outstanding couples for your consideration:

1. Parisa Sabeti and Ted Zagat

2. Jessica Holzer and Hans Nichols

3. Kendall Burman and Eric Volkman

Check out these newlyweds’ résumés and pictures, after the jump.

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