First Monday Musings By Dean Vik Amar: Sensitivity To The Possibility Of Long-Term Podium Pullback By Universities
The concern about the heckler’s veto is real, and important. But so too are universities’ concerns about safety and cost.
The concern about the heckler’s veto is real, and important. But so too are universities’ concerns about safety and cost.
* "It’ll never happen. I guarantee it won’t happen for six years." Contrary to what Democratic presidential candidates are suggesting, President Trump doesn't want anything to do with expanding the size of the Supreme Court. [Reuters] * As it turns out, special counsel Robert Mueller was investigating Michael Cohen much sooner than he originally led on, and the Cohen probe was handed off to the S.D.N.Y. long before campaign-finance violations were even discovered. [Wall Street Journal] * Thanks to a record-setting $10.5 million gift, Georgetown Law is expanding its campus. The school recently purchased a 130,000-square-foot building for $70 million and plans to use the new space as a home for all of its clinical progams. [National Law Journal] * Congratulations to Michèle Alexandre, who was recently appointed as dean of Stetson University College of Law. She will be the school's first black dean in history. [Philadelphia Tribune] * Patriots owner Robert Kraft has been offered a pre-trial diversion deal on his solicitation charge. All he has to do is admit he would’ve been found guilty, do 100 hours of community service, and attend a class on the dangers of prostitution. [AP News]
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* According to House Intelligence Chairman Adam Schiff (D-Calif.), special counsel Robert Mueller is making “a mistake” by not putting President Trump under oath for in-person testimony, since “he's made plain in the past [that] he feels it's perfectly fine to lie to the public.” [NBC News] * Per his lawyer, Covington Catholic student Nick Sandmann will be suing CNN for at least $250M because the news network was “probably more vicious in its direct attacks” than the Washington Post. [The Hill] * Lynne Patton, purported “law school grad” and actual prop for Rep. Mark Meadows, will soon be seen on reality TV, with Trump’s permission, of course. [CNN] * Texas lawyers have filed suit against the State Bar of Texas, claiming that the use of their mandatory dues to fund diversity programming and other legislative initiatives is unconstitutional. [SE Texas Record] * Women are dominating the playing field at this year’s SXSW festival and conference, making up about 68 percent of the attorneys who will be featured as speakers or panelists during the event. [Texas Lawyer] * In a split vote, the Maryland Court of Appeals reinstated “Serial” podcast subject Adnan Syed’s murder conviction, ruling that even though he may have had ineffective assistance of counsel, that wasn’t enough to overcome the rest of the evidence against him. [Reuters] * Bill Powers, former UT president and former UT Law dean, RIP. [Statesman]
Efforts by law reviews to increase diversity need to be viewed in the larger context of attempts by law schools to diversify more generally.
There's a new boss at Stanford Law.
Protecting students from biased assessments of their work and the work of their peers isn't the only advantage of blind grading.
Depositions by Filevine help with scheduling, tracking goals, and trial prep.
* President Trump is preparing to declare a national emergency at the country’s southern border. A draft order is in the works, and $7B+ will be used to build the president’s wall to fix the humanitarian crisis he helped to create. [CNN] * Longtime Trump ally Roger Stone was arrested early this morning in connection with special counsel Robert Mueller’s Russia probe. He’s been charged with seven counts: one count of obstruction of an official proceeding, five counts of false statements, and one count of witness tampering. [Washington Post] * Were you planning on taking the D.C. bar exam in February? Not so fast. Thanks to the government shutdown, you might not be able to do so. We'll keep you updated. If you've been waiting to get sworn in after passing the July 2018 bar, keep waiting -- potentially for a while. [Law.com] * Michael Cohen's lawyer, Lanny Davis, has called for a criminal investigation into Rudy Giuliani for his alleged witness tampering because "calling out a man’s father-in-law and wife in order to intimidate the witness is not fair game." [The Hill] * Like it or not, women still carry the bulk of their childcare duties, and lawyer moms often find themselves "deploy[ing] tactical maneuvers" to get the job done. At least millennials are doing what they can to eliminate motherhood bias. [Law.com] * Congratulations to Kimberly Mutcherson of Rutgers-Camden, who was recently named as the co-dean of Rutgers Law School. She will be the first African-American and first LGBTQ law dean at Rutgers University. Well done! [Daily Targum] * Believe it or not, you can still do a lot of extracurricular activities during law school. Just ask Ted Bundy. He killed up to eight women while he was a student at Utah Law. We hope your preferred activities are more... normal. [Salt Lake Tribune]
The evidence is clear: California needs to align with the national standard.
It's okay, Facebook Martin Luther shut these guys down.
* Eighty-three judicial ethics complaints against Brett Kavanaugh have been tossed out by the Judicial Council of the Tenth Circuit due to an "intervening event": his SCOTUS confirmation. The Council, set up to fail by Chief Justice John Roberts, "[l]ack[s] statutory authority to do anything more." [National Law Journal] * The Senate passed the First Step Act in an 87 to 12 bipartisan vote, and now the sweeping criminal justice reform legislation will move on to the House for approval before being sent to the White House. This is a major victory. Thanks for the assist on this, Jared Kushner! [Washington Post] * The tax man commeth, but not for Donald Trump. Judge Karen Henderson of the D.C. Circuit has denied a Freedom of Information Act request for the President's IRS tax records, citing the agency's confidentiality protections for all citizens. [CNN] * Cross-border mergers are on the rise, and one firm has been responsible for the vast majority of them. In 2018 alone, with about 9,000 lawyers and counting, Dentons has completed more global mergers than all other U.S. firms. [American Lawyer] * Brooklyn Law will have a new dean come July 1. Michael Cahill, who's been serving as co-dean of Rutgers Law, will return to the place where he spent 13 years as a professor, associate dean, and vice dean. Congrats! [New York Law Journal] * People and things in the legal profession dominated Google's most searched for queries over the course of 2018, with Justice Brett Kavanaugh, Christine Blasey Ford's SJC testimony, Aaron Schlossberg, and taking some top spots. [ABA Journal]
Legal and operational leaders are gathering May 6–7 in Fort Lauderdale to confront the questions the industry hasn't answered—with a keynote from Amanda Knox setting the tone.
Things need to change in California, and fast.
Even if the plaintiffs win in proving Harvard has unfairly treated Asians, the remedy they seek may be way too sweeping.
Lawyers of the future, regardless of practice area, need to be proficient in legal technology.
Make like a rat and flee that sinking ship -- or whatever zoological-based analogy for 'running like hell' you prefer.
What items are on the collective docket of American law schools in the near and intermediate futures?