I have been writing for Above the Law since March of 2008. This Monday, though, will be my last day as a daily contributor. I am heading over to Forbes to write about privacy, law, social media, and technology (aka The Not-So Private Parts). For those who will miss my daily presence on ATL, please feel free to check me out there, or to friend me on Facebook, or to follow me on Twitter. I’ll also be writing a weekly column for Above the Law.
Lat, Elie, and I are going to be getting drinks after work at The Ninth Ward to help numb the separation pain. Please feel free to join us if you’re in New York. Though only if you’re not a weirdo. (You know who you are; but to clarify, weirdos are not those who would show up, but are among those who voted this up.) We’ll be there from six to eight p.m.
As many of you know, unlike my co-editors, I’m not a lawyer. I’m just a little journalist. I appreciate that, despite this moral and educational failing on my part, all of you lawyers and law students have put up with my writing about your profession. Professors Lat and Mystal have offered excellent legal lessons, as have the real law professors I have had the pleasure of interviewing. Plus, I date spend an inordinate amount of time hanging out with lawyers outside of work, and so have a solid appreciation for the terror of living under the reign of the billable hour.
I also did some hourly billing myself way back when; my first job out of college in 2003 was as a paralegal in the D.C. office of Covington & Burling, an experience that convinced me not to apply to law school (despite having rocked the LSAT). During my first summer in D.C., I lived in a five-bedroom apartment in Van Ness with four summer associates — from Harvard, Columbia, Yale, and Georgetown. We were five corporate law strangers picked to live in a house (vacated by the Georgetown law student’s roommates for the summer). That was where I picked up some useful stereotypes about students from these elite law schools. I came away from the summer with a strong dislike for HLS kids…
Late last month, we posed a question: Can Stanford overtake Harvard and Yale and become the #1 law school? We consulted our Magic 8 Ball, which gave this answer: “Outlook Not So Good.”
And it’s not just the Magic 8 Ball. Professor Bill Henderson, one of the leading academics studying the legal profession, constructed a simulation model of the U.S. News rankings. He used this model to figure out what Stanford Law School would have to do to top the list.
For starters, it would need to get its hands on at least $350 million dollars….
That’s one of the topics covered by an impressive trio of law professors — Richard Epstein, Glenn Reynolds, and John Yoo — in an interesting, wide-ranging discussion over at PJTV. Although they all hail from the right side of the aisle, they disagree on a number of issues. Here’s a summary:
Are law schools creating a new generation law fools? Is the bar exam the best measure of a lawyer? Are the best law schools even worth the money? Law professors John Yoo and Richard Epstein of Richochet.com discussion the legal profession on this episode of Instavision.
One of the most interesting parts of the discussion takes place when Professor Reynolds mentions that he decided to attend Yale Law School over free rides from Duke and Chicago. He asks Professors Epstein and Yoo: What advice would you give to a prospective law student facing a similar choice today?
Legal Eagle Wedding Watch, like the rest of the nuptial media, is in a state of giddy anticipation over Chelsea Clinton’s upcoming wedding, scheduled for tomorrow in Rhinebeck, NY. We’ll be gobbling up all the juicy details as they leak out, just like the lucky guests will be devouring the vegan and gluten-free fare. Yum!
Chelsea’s big day is one of the social events of the season and is estimated to have up to a $2 million pricetag. This week’s featured weddings may not quite reach that stratospheric territory, but they do have lawyers out the wazoo (unfortunately, neither Chelsea nor her fiancé has a JD; her parents, of course, have two).
Hello, West Coast readers! How’s it hangin’ out there past the Rockies? Here at Above the Law, we try to overcome any suggestion of East Coast bias by consistently publishing a post later in the day for our readers in the Pacific time zone. And we try to be generally aware of West Coast firms and schools.
We’ve even heard of Stanford Law School. It’s like the Harvard of the West, right? We hear it’s wonderful. It’s not Yale, but hey, neither is the Harvard of the East (a.k.a. Harvard).
Stanford Law School Dean Larry Kramer wants that to change. He’s already pushed through grade reform, so now Stanford copies Yale’s grading methods. (Berkeley kids, just be quiet. Nobody wants to hear about how everybody copied it from you.)
But apparently grade reform was just step one of Kramer’s grand plan to oust Yale from its position as the nation’s best law school…
For some of you, the bar exam starts tomorrow. Your friends at Above the Law — and our bar-related advertisers, including Kaplan PMBR and BarMax — wish you the best of luck.
If you’re looking for more review questions, check out our post from yesterday, based on Professor Laurence Tribe’s unfortunate incident at a Safeway supermarket. A few of you have already posted impressive responses, suggesting that you’re going to ace the big test.
But the Larry Tribe fact pattern would have been labeled “EASY.” Here’s something far more challenging, from writer-turned-lawyer Elizabeth Wurtzel, who explains:
When I was studying for the bar for the first time in New Haven, in my total frustration, I wrote a parody of a bar exam question, or may be of a Barbri question. I posted it on the Wall at YLS [Yale Law School's list-serv], and I am told that ever since it has been reposted every bar exam season.
I have gotten suggestions that I publish it, and a couple of people have actually attempted to answer it, which is crazy. In any case, do what you want with it.
It is hilarious, and insane, and it will make your head hurt — or explode. Check it out below….
Barack Obama's purported birth certificate - click to enlarge.
Orly Taitz and the Birthers aren’t the only people obsessed with Hawaiian birth certificates. A young lawyer by the name of Adam Gustafson — a 2009 graduate of the Yale Law School and former vice president of the Yale Federalist Society, who’s currently clerking in Hawaii for Judge Richard Clifton (9th Cir.) — is making a federal case over them.
And Chief Judge Susan Oki Mollway, the district court judge who wound up with the case, is not impressed. She recently dismissed Gustafson’s complaint — in forceful fashion:
This case is an example of why people who overreact to situations are accused of “making a federal case out of nothing.”
Plaintiff Adam Gustafson and his wife… proceed pro se against various state officials. The Gustafsons complain about having been asked to state their race and any Spanish origin on a birth certificate registration form submitted in October 2009 for their Hawaii-born daughter. The Gustafsons articulated to the State their objection to a birth certificate identifying their races.
The court has no quarrel with the Gustafsons’ wish for a birth certificate devoid of such information. What follows, though, shows questionable judgment.
Ouch — quite the benchslap. Gustafson’s boss, Judge Clifton, should keep Gustafson far away from any appeals of decisions by Judge Mollway.
Filing a federal lawsuit in Hawaii, while clerking in Hawaii for a federal judge? It’s gutsy of Gustafson. At least he won’t have to travel far for any appearances.
So what about Gustafson’s case reflects “questionable judgment”?
A tale of three Yalies: Elizabeth Wurtzel, Richard Epstein, and John Yoo.
… or talk about the bar. Welcome to one of those “only on the internet” moments, a spirited debate between three people I adore: Elizabeth Wurtzel, Richard Epstein, and John Yoo. The subject: the bar exam (but also law schools and the legal profession more generally).
Here’s one thing the three share in common: they’re all graduates of Yale Law School. The similarities pretty much end there. Elizabeth Wurtzel is a litigatrix at the high-powered Boies Schiller firm, but her real claim to fame is her work as a bestselling and critically acclaimed writer. Richard Epstein is one of the nation’s leading law professors — U. Chicago and NYU folks, you can argue over which school he belongs to — and an outspoken libertarian. John Yoo, a prominent (and conservative) law professor at UC Berkeley, is most well-known for his work in the Justice Department’s Office of Legal Counsel, where he authored the so-called “torture memos.”
Wurtzel is super-liberal — her reaction to 9/11 was controversial, to say the least — while Professors Epstein and Yoo both hail from the right side of the aisle (to put it mildly). Back in May, I identified both Epstein and Yoo as possible nominees for the conservative wing of an “unconfirmable” Supreme Court.
So how would you react to learning of a three-way debate between Wurtzel, Epstein, and Yoo — in which the dynamic is not La Wurtzel v. Epstein & Yoo?
Most weeks nowadays, the New York Times weddings announcements — and our coverage of same — focus quite properly on the newlyweds and their impressive accomplishments. But occasionally, a few announcements hearken back to a simpler day, when nobody cared much about the bride and groom, because the game of social one-upmanship was played on the parental level.
This is one of those weeks. Our featured newlyweds are impressive, but some of their parents are even more so. The finalists:
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
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• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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