Alaburda v. TJSL

Morning Docket

Morning Docket: 04.01.16

* According to a statement released by the RIAA, hundreds of musicians and songwriters -- like Katy Perry, for example -- have called on Congress to reform the Digital Millennium Copyright Act. Safe-harbor clauses are absolutely killing the artists' bottom line, and something must be done. [THR, ESQ. / Hollywood Reporter] * "[M]any law firms have had breaches, which they’ve kept quiet." Following the news that Cravath and Weil Gotshal had been victims of data breaches, Edelson, a plaintiff’s side firm, announced it would be filing class-action suits against 15 major Biglaw firms with cybersecurity problems. We can't wait to find out which ones will be on the receiving end of these complaints. [Big Law Business / Bloomberg BNA] * Being the world's first publicly traded law firm has turned out to be quite the debacle for Slater & Gordon. First, the Australian firm announced market losses of about $740 million, citing "underperformance in U.K. operations," and now its general counsel has decided to throw in the towel after only two months on the job. Ouch. [Am Law Daily] * “I have lost my faith in the potential for the Law School or its curriculum to put out people who care deeply about things." Members of Harassment/Assault Law-School Team, a student group that advocates for sexual assault victims, aren't impressed with Harvard Law's inaction on educating students about sexual assault. [Harvard Crimson] * How can we guarantee educators are being honest about graduates' job prospects? Based on the results of the Corinthian Colleges fiasco and the Alaburda v. TJSL trial, it seems like "[s]trict disclosure rules for all schools would be better than lawsuits and government aid as a way to ensure educator honesty." [DealBook / New York Times]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.25.16

* The "best way to get a handle on a circuit judge's judicial philosophy is to look at the judge's concurrences and dissents," but that's a bit problematic in Chief Judge Merrick Garland's case -- in his 19 years on the D.C. Circuit, he's only dissented 16 times. That's less than one dissent for each year he's been on the bench. We'd probably be able to get to know him better if he got a hearing. [Big Law Business / Bloomberg BNA] * Recent law school graduates aren't thrilled about their life choices: Per a survey of more than 7,000 law school alumni, less than half of those who graduated since 2000 "strongly agreed" that if given the chance, they'd choose to go to law school again, and just 20 percent "strongly agreed" that law school was worth the cost. [WSJ Law Blog] * "[L]aw schools systematically deceived students with misleading statistics, with the blessing of the American Bar Association." The jury's verdict in the Alaburda v. TJSL case continues a long history of law schools being left unaccountable and off the hook for their disingenuous employment and salary statistics. [DealBook / New York Times] * "I was not 'instructed' to strike black jurors so much as I was advised or encouraged to do so as a matter of trial strategy." Assistant District Attorney Nathan Wood of Wharton County, Texas, has accused his boss of excluding black residents from juries in criminal cases to improve the prosecution's odds of receiving guilty verdicts. [Houston Chronicle] * One week after resigning from the Pennsylvania Supreme Court over his role in the infamous "Porngate" scandal, citing "disgust" with his conduct, former Justice Michael Eakin was fined $50,000 by the state's Judicial Conduct Board. At least Eakin will be able to keep his state pension, with an estimated $140K annual value. [Associated Press]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.21.16

* What's the difference between the late Justice Antonin Scalia and Chief Judge Merrick Garland, his potential replacement? "[He] always sounds the same. Most of the time, he is very even-toned, not aggressive.” For starters, Scalia's dissents were usually fiery and entertaining, while Garland's dissents tend to be very respectful and courteous. [Washington Post] * "[T]here were errors and flaws in the way Thomas Jefferson carried out their research." An expert retained by Anna Alaburda in her suit against Thomas Jefferson Law testified that the methods the law school used to collect grads' job data were improper and could have caused some inaccurate info to be reported. [Courthouse News Service] * Donald Trump's presidential campaign -- and his path to the White House -- may be interrupted by a pesky fraud trial over his now defunct real estate school. The Donald will likely be asked to testify by New York AG Eric Schneiderman, and if he pleads the Fifth, it could have YUGE implications on his defense strategy. [WSJ Law Blog] * “When someone — or something — is going away, there are usually some people that want to get it before it goes away, for whatever reason." Racist memorabilia? Harvard Law is trying to quickly eliminate all ties to its controversial shield, but its bookstore will be slowly selling off all remaining merchandise bearing the symbol. [Boston Globe] * "The average graduate cannot expect to make enough in the years following graduation to even hope to make a dent in the student loans they take on from going to law school. And that's if they can even pass the bar and find a job as an attorney." Law profs face buyouts, but their students aren't in a much better position. [Northwest Indiana Times]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.18.16

* "In 2 to 4 years, a University administration will shut down a top law school and we may never see it coming." Uh-oh! Is a top law school really going to close? This law professor seems to think so, and she's pointing the finger at Minnesota Law, which has been experiencing a slew of financial troubles due to its enrollment issues. [Forbes] * "The employment numbers were very high in a huge economic downturn and it just felt suspicious. I decided to stand up for myself and others." Anna Alaburda, who sued Thomas Jefferson School of Law over its allegedly deceptive job statistics, took the stand this week, where she spoke about her failed legal career. [Courthouse News Service] * “The record number of deals in 2015 is a reflection of the intense competition among law firms for new work, and we expect the market to remain hot in 2016.” Oh boy! If you think 2015 set a merger record, you ain't seen nothing yet. We should apparently be expecting even more law firm merger mania this year. [Chicago Daily Law Bulletin] * Why on earth would a partner leave a firm like Munger Tolles, with profits per partner of $1.9 million, to go to a firm like Dentons, with profits per partner of $680,000, a considerably lesser amount? What's in that Biglaw behemoth's special sauce that's so amazing? It's the "irresistible" opportunities. [Big Law Business / Bloomberg BNA] * As many of our readers have had the displeasure of experiencing firsthand, law school tuition can be absurdly expensive. If you're wondering which school took home the prize of being the most expensive for the 2015-2016 school year, it's Columbia Law, with a shocking sticker price of $62,700. Ouch, that's painful. [U.S. News & World Report]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.07.16

* "I've taught immigration law literally to 3-year-olds and 4-year-olds." Immigration Judge Jack H. Weil seems to think that children facing deportation don't need court-appointed attorneys because they're perfectly capable of representing themselves. We'll have more on this later. [Washington Post] * "[T]his will be the first time a law school will be on trial to defend its public employment figures." It's taken five years, but Anna Alaburda will finally get to face off in court against Thomas Jefferson School of Law. Soon we'll find out if the word "allegedly" can stop being used as a prefix for the school's allegedly deceptive job statistics. [DealBook / New York Times] * If President Obama nominates Judge Jane Kelly of the Eighth Circuit for a seat on SCOTUS, then Sen. Chuck Grassley (R-IA) of the Senate Judiciary Committee could be in a pickle. Would Kelly, a longtime Iowa public defender, be refused a hearing even though Grassley supported her when she was appointed in 2013? [Des Moines Register] * The Alabama Supreme Court begrudgingly dismissed suits filed by conservative groups seeking a ruling declaring that the state's anti-gay marriage laws were still in effect, despite the SCOTUS decision in Obergefell. In a concurrence at odds with reality, Chief Justice Roy Moore held fast to his belief that the state's law was still intact. [AL.com] * As we mentioned previously, the American Bar Association will vote on a change to its bar passage rate rules for law schools. Schools notorious for their bar passage problems better hold onto their hats if this proposal is passed, because their accreditation may quickly turn out to be like their graduates' job prospects: nonexistent. [WSJ Law Blog]

By Staci Zaretsky