"Put me in Coach!" -- Too Much Noise

When I was a young boy first playing sports I noticed other members of the team fell into two general categories. There were those who practiced hard and hoped their work ethic and skills would mean the coach would put them in the game. Except for cheering for the team, they stood fairly silently on the sideline when not playing. Then there were the “Put me in coach” kids. They constantly badgered the coach and many coaches relented, inserting them into the game ahead of the silent ones.

Now these position are taken up by law faculty and law schools. Now please, I am not writing here about someone writing an article and making sure colleagues know it is out or those who send reprints to people in the field.

When in comes to faculty I am thinking of the colleagues who:

1. Purchase 1000 extra reprints far more in the interest of getting attention that in communicating the substance of what he or she has written.

2. Insist that 10 pages of recorded extemporaneous comments are an article to be listed in the “decanal glossy.”

3. Inform the dean every time his or her name is in the newspaper for any reason. (At my school we had someone and may still have (I toss the these communications in the recycling container conveniently located next to the mailboxes.) someone who tallies our “hits.”

These must be the same people who were badgering the coach to “put me in.” All they really do is raise the noise level so it is harder for the coach to know who to “put in.” Luckily, although I have had my issues with most deans, I have yet to meet one who could not see through the fluff. Still, substituting self promotion for substance does not seem very MoneyLawish and there is way too much of it.

While Deans know not to pay much attention to “put me in faculty” they seemed to exhibit the same behavior – not in their personal interests but in what they perceive to be the interests of their schools: Thus we have:

1. The decanal glossy. Yes all those post cards, magazines, newsletters and so on that list the faculty achievements of the year. I really wonder how many of us, when seeing one of these on our mail boxes, eagerly read it, open it or page through. A dean’s report on what the faculty claims to have done in the past year, who the school’s visitors are, or the lectures given there is about as substantive as Cool Whip. That’s not what I am likely to consult if I want to know what is going on. And, judging by the contents of the mailbox recycling container, I am not alone.

2. Awards. They have become like standing ovations – so common that they mean little. Happily, I can report that my own law school, with the exception of one bizarre award that seems to be created by a crony for another crony, is pretty clean on this. I hear, however, of Law School awards for the best article, most significant contribution to the administration of justice, best teacher, most weight less (actually I made this one up and hope to win it someday but am waiting until we sell the name of our school again and become the Slim Fast College of Law) and so on. Everyone gets one every few years. I am not concerned about the awards per se but the feeling that many have come into existence so they can be added to resumes and reported to the press and not because of any underlying need to recognize excellence.

3. Centers, Programs, Institutes, Workshops, Foreign Programs, I have already expressed my opinion that many of these activities are for faculty and not for Law School shareholders. They also serve the “put me in” purpose. They are often created, but more frequently perpetuated, because it makes the School’s resume longer. This is despite the fact that a close look would reveal that nothing of consequence is happening. The poet James Buffet might say “we do it for the stories we could tell” but this is the dark side of that sentiment.

Here again, the “put me in mentality” means a great deal of noise (and the destruction of a few forests) not in the interest of being better but in just seeming to be that way.

(No music link but join me in humming Mathew Ryan’s “I Hear a Symphony”)

Law School Rankings, Faculty Scholarship, and Associate Deans for Faculty Research

Richard Buckingham, Diane D'Angelo & Susan Vaughn (all of Suffolk) have posted Law School Rankings, Faculty Scholarship, and Associate Deans for Faculty Research on SSRN. Here is the abstract:

The authors contend that a boom in law school rankings has encouraged many U.S. law schools to take new measures to encourage and publicize faculty scholarship. The establishment of associate deans for faculty research is one such measure. The authors conducted a study to determine the number of law schools that have these dean-level positions. They argue that many law schools have established these positions as part of their efforts to improve their standing in the increasingly important rankings.

The authors begin with a historical overview of the original law school model and discuss how that model evolved over time. They focus on how those changes led to a competitive law school market that helped lay the groundwork for U.S. News & World Report and other law school rankings. They then explore numerous alternative ranking methodologies and conclude with a study of ABA-accredited law schools that have appointed associate deans for faculty research.

Cross-posted on TaxProf Blog.

Shameless cross-posting about my latest Toledo Law Review piece

On my own blog, I've posted a link to my latest piece about shared governance. Other posts on my blog talking about shared governance are here.

Book Review - The Destruction of Young Lawyers

Several weeks ago, I posted some thoughts (not positive!) about The Destruction of Young Lawyers, by Douglas Litowitz, which had gotten some play on the blogs of several well-regarded professors, including Legal Ethics Forum, Leiter's Law School Reports and Balkinization. I have since written, and now posted on SSRN, a more fulsome review of the book, summarized by this abstract:

This is a review of The Destruction of Young Lawyers: Beyond One L by Douglas Litowitz (Akron: University of Akron Press, 2006).

While the book may be a credible (if tiresome) account of Mr. Litowitz's own unhappiness as a law student and large firm new associate, and evidence of the fact there are unhappy lawyers in the world, it overpromotes itself on two counts. Although it is written by a law professor and published by a university press, and makes broad and universal claims about evils in the legal profession, it is largely a slapdash pastiche of hyperbole and anecdote. Nor is it a balanced view of the profession. Rather, it is one man's attempt to transpose his own journey through hopelessness and despair into a universal truth under the patina of scholarship.

Wihender_1I am perhaps slightly less sanguine than others who post on this particularZaringd_1 blog about whether truth necessarily emerges by way of the inductive process from data. Nevertheless I have a healthy respect for good data, and taking careful and thoughtful conclusions from it. What you cannot tell from the abstract is that the review juxtaposes good empirical work by Bill Henderson (Indiana-Bloomington, left) and DavidJ_conley_1 Zaring (Washington & Lee, above right), as well as an interesting piece by John Conley (North Carolina, below right) to which they cite briefly: "How Bad Is It Out There?: Teaching and Learning about the State of the Legal Profession in North
Carolina," 82 N.C. L. Rev. 1943 (2004).

My piece will appear in Hart Publishing's Legal Ethics, of which Brad Wendel (Cornell) is the book review editor.

UPDATE: One of the book's themes is how the unholy cabal of elite law schools and big law firms force law students to keep taking those $160,000 starting salaries to pay off the six-figure student debt. Somebody forgot to tell NYU. Today from Peter Lattman at the Wall Street Journal's Law Blog is a summary of Crain's New York's "The Business of Law Report" which includes:

A Q&A with Joshua Perry, a recent NYU Law grad who took a job as a
public defender in New Orleans. When asked about his law-school debt,
he explained that at $40,000 per year there’s no way to repay a
six-figure debt bill, but NYU has a generous loan repayment program. As
long as Perry stays in the public interest for five years, he says that
NYU picks up his loan debt and making his payments as long as his
salary stays below a certain cap.

(Cross-posted on Legal Profession Blog).

Understanding the US News Law School Rankings

I'm happy to be able to report that a complete draft of my article entitled "Understanding the US News Law School Rankings" has now been posted on SSRN. It can be found at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=937017

The new draft substantially substantially expands my discussion of the expenditure variables, adds discussion of the student/faculty ratio and library variables, and includes a new Part III "Managing Your School's Rankings" and new Part IV "Improving the U.S. News Ranking System."

Sheldon Cohen Buries the IRS, in a Single Interview!


  • Note: Income is not defined in the Internal Revenue Code.
  • Note: The Definition of Income was given in the Eisner vs Montgomery case to mean gains or profits from corporate activity and not wages.

    Supreme Court on the 16th Amendment:


    "The provisions of the Sixteenth Amendment conferred no new power of taxation . . ."

    United States Supreme Court, Stanton v. Baltic Mining Co., 240 U.S. 103 (1916)

    “The Sixteenth Amendment, although referred to in argument, has no real bearing and may be put out of view. As pointed out in recent decisions, it does not extend the taxing power to new or excepted subjects...”

    United States Supreme Court, Peck v. Lowe, 247 U.S. 165 (1918)

    Aaron with Sheldon on Title 26 (IRC) & 16th


    Sheldon: Title 26 requires you to file a return.

    Aaron: But doesn’t title 26 have to be in compliance with the Supreme Court decisions?

    Sheldon: Your gonna take a 1920’s case and super impose it on the on the whole internal revenue code that was written after it, no that’s not….

    Aaron Narrating: I can’t believe what I just heard rewind.

    Sheldon: Your gonna take a 1920’s case and super impose it on the on the whole internal revenue code that was written after it, no that’s not….

    Aaron Narrating: Remember he said earlier that the internal revenue code was authorized by the 16th Amendment.

    Sheldon: The internal revenue code is authorized by the 16th amendment.

    Aaron Narrating: Remember the supreme court said the 16th amendment did not give the government any new taxing power, these decisions have never been overturned. Lets listen further.
  • CLICK HERE TO WATCH AMERICA: FROM FREDOM TO FASCISM IN FULL!

    02-03-07: Straight talk with Bernie on the Brown tax case

    Kenneth Vercammen's NJ Laws email newsletter E238
    February 25, 2007

    Wills, The New Probate Law, Estate Administration & Elder Law
    New Probate Law Effective 2006!

    WHERE: Edison High School Community Adult Education

    WHEN: Monday, March 19, 2007 7 - 8:30 P.M.
    Please note, the Edison Board of Education is discontinuing its Community Adult Education program. This is your last opportunity to attend.
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    (Co-Author- NJ Elder Law & Probate)
    - So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
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    COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
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    2- HELP WANTED HTML Clerk to set up webpages
    Law Office Edison

    Growing Law Office needs Clerk to update website and help with law office. We sponsor a state wide website with information on litigation, personal injury, criminal and probate matters. Clerk/ programmer needed to update website. Applicants must have familiarity with HTML programming, web page design/ maintenance and Internet technology. If you can update a website, this is the job for you. Please indicate so in the first paragraph of your cover letter. $10.00 an hour start. Work 20 hours per week Monday- Thursday. You select the hours. Fax resume & cover letter to the Law Office of Kenneth Fax 732-572-0030

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    Kenneth A. Vercammen, Esq.





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    Thank you for reading our newsletter! God Bless America USA #1

    We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

    "Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
    This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
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    Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

    KENNETH VERCAMMEN & ASSOCIATES, PC
    ATTORNEY AT LAW
    2053 Woodbridge Ave.
    Edison, NJ 08817
    (Phone) 732-572-0500
    (Fax) 732-572-0030
    website: www.njlaws.com
    Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
    The need for Self- Proving Wills
    During the past year we have enjoyed providing information and advice to you and many friends and client.
    The old New Jersey Probate Rules required one of the two witnesses to a Will to travel and appear in the Surrogate's office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to simply sign a surrogate paper.

    The New Jersey Legislature passed a law to create a new type of Will called a "Self-Proving Will." In such a Will, the person for whom the Will is made must sign. Then two witnesses sign. Then the attorney or notary must sign; with certain statutory language to indicate the Will is self proving. When done properly, the executor does not have to locate any witnesses. This usually saves time and money. If your Will is not "self-proving" or if you are unsure, schedule an appointment with an elder law attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills.

    As 76 million Baby Boomers age and begin to focus on estate planning considerations, an estimated 10.4 trillion dollars in wealth will be transferred over the next 20 years. By the year 2020, over 100 million Americans will be over the age of 65 and can expect to spend 4 to 20 years in retirement. Estate planning is important for all Americans, not just the rich.

    KENNETH VERCAMMEN & ASSOCIATES, PC
    ATTORNEY AT LAW
    2053 Woodbridge Ave.
    Edison, NJ 08817
    (Phone) 732-572-0500
    (Fax) 732-572-0030
    website: www.njlaws.com
    Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

    Winthrop Jordan, RIP


    Please pardon me one more intrusion on the moneylaw turf, to commemorate one of our country's greatest historians, Winthrop Jordan, who I have just learned died on Friday. My favorite book of his is White Over Black: American Attitudes Towards the Negro, 1550-1812. Much learning in there about the racial and legal origins of slavery. It is one of the finest works of history I have ever read.

    He was educated at Harvard College (graduating with a social relations degree in the storied class of 1953) and then a Ph.D. in history from Brown University in 1960. He taught for a number of years at the University of California, Berkeley and then, like some other historians of the South with great affection for this region, he moved here--to Ole Miss in 1982. The Jackson Mississippi Clarion Ledger has more details.

    Is Placement of Law Review Articles Overrated?

    As we law professors obsess over the placement of our articles during the semi-annual law review shopping season, we perhaps should take heed of a new economics paper by Andrew J. Oswald (University of Warwick), An Examination of the Reliability of Prestigious Scholarly Journals: Evidence and Implications for Decision-Makers, 74 Economica 21 (2007). Here is the abstract:

    Scientific-funding bodies are increasingly under pressure to use journal rankings to measure research quality. Hiring and promotion committees routinely hear an equivalent argument: ‘this is important work because it is to be published in prestigious journal X’. But how persuasive is such an argument? This paper examines data on citations to articles published 25 years ago. It finds that it is better to write the best article published in an issue of a medium quality journal such as the OBES than all four of the worst four articles published in an issue of an elite journal like the AER. Decision-makers need to understand this.

    From the Introduction:

    The paper collects data on the accumulated lifetime citations to papers published 25 years ago. It uses these to construct a simple test. The data come from issues of six economics journals of varying levels of reputation. These data show the expected ranking. However, and more interestingly, they also reveal that the best article in an issue of a good to medium-quality journal routinely goes on to have much more citations impact than a "poor" article published in an issue of a more prestigious journal.

    Cross-posted on TaxProf Blog.

    Update: My colleague Michael Solimine pointed me to Ian Ayres & Frederick E. Vars, Determinations of Citations to Articles in Elite Law Reviews, 29 J. Legal Stud. 427 (2000), which analyzes the most, and least, cited articles in the Harvard Law Review and Yale Law Journal in 1980-95 and urges "extreme modesty" in citation analysis.

    Ed Brown: Audioblog Report 02-26-07

    Fred Smart Interviews Ed Brown

    Brown University's Response to Its Slavery and Justice Committee

    While Bill Henderson helps us refine and perhaps shift what we're talking about, here's another post about universities and money, though like my last post on the Elihu Yale portrait controversy, it's not about the typical topic for moneylaw.

    The administration at Brown University has just released its response to the report last fall of its Steering Committee on Slavery and Justice. The administration's responses focus on education, which makes sense because that's the business that Brown's engaged in. Some of the recommendations are:

    •To commission a revision of its official history “so that it presents a more complete picture of the origins of Brown.”

    •Hold the relevant materials used to prepare the report in the university’s archives, make them available to scholars and exhibit them.

    •Through existing departments, centers and institutes or through creation of a new academic entity, undertake a major research and teaching initiative on slavery and justice.

    •Join with city and state officials in determining how the history and role of slavery in Providence, Rhode Island and at the university should be memorialized in the state, city and on College Hill.

    •Raise a permanent $10-million endowment to establish the Fund for the Education of the Children of Providence, starting immediately.

    •Provide free tuition to Brown to as many as 10 admitted graduate students per year. After completing a master’s degree in either teaching or urban education policy, they must agree to serve in Providence-area schools or surrounding area schools for at least three years.

    Here's an extended treatment from the Providence Journal. I'm sticking by my prediction over at blackprof from last fall that other schools will follow Brown's lead.

    We The People Foundation in Washington D.C. Nov, 14 2006

    Hat Tip to Anthony for the Video!

    More info at givemeliberty.org

    MoneyLaw schools in a non-MoneyLaw world, part II

    (Part I is here.) As long as employers stick to their tried-and-not-so-much-true methods of choosing employees, graduates of MoneyLaw schools will head into a world that values group membership over individual abilities--a very anti-MoneyLaw world. Here's why:

    Grades aren't bad measures of ability, but they're certainly not perfect measures. For one thing, curved grades show comparative ability, not absolute ability. For another thing, to the extent that law professors aren't particularly well-trained at composing tests, law students always run the risk of being part of the garbage-in, garbage-out problem. Moreover, law school exams are often a learned skill, at least in the first year of law school. Students who "get" how to write exams have an enormous edge in the first semester, and their GPAs get a head start.

    Grades aren't good measures of other skills that good lawyers must have, though: grades don't measure the ability to work in teams, emotional intelligence, public speaking ability, etc. In a way, many exams reward the ability to come up with every possible answer, even silly ones, as a way of demonstrating the student's capacity for wringing meaning from the hypothetical. Such exams don't reward those students who decide not to write about every possible answer--in other words, those exams don't reward the students who use common sense to restrict their answer to the most important possibilities. (That's one reason that I prefer to limit the space for answers--it forces students to focus on the most important answers, not every possible answer.)

    Think about how students get selected for summer associate slots at many big law firms. Their 20-minute, on-campus screening interview is determined by their law school GPA. If they get call-backs, they go for a full-day interview, broken into 20-30 minute, one-on-one in-office meetings with partners and associates, and a lunch. Unless the in-office interviewers are particularly skilled, those 20- or 30-minutes sessions are a rehash of the student's resume, coupled with routine questions ("Why are you interested in our firm?") and routine answers ("Because your firm is the leader in [insert language from firm's website]") that reveal nothing about whether there's a match between the student's abilities and interests and the firm's needs.

    The advantage of these types of interviews? Relatively little lawyer-time. But the cost? HUGE. By not taking the time, at the front end, to look beyond (1) the rank of the school (group membership), (2) grades (and if grades are curved, then there's a group membership complication in the grades as well), and (3) whether the student can walk and talk, the firm is buying itself some serious associate attrition as soon as the associates are mobile (coincidentally, associates are mobile around the time they first turn profitable--after the second or third year of practice).

    What if law firms used a MoneyLaw approach and searched for indicia of those several skills that the most successful lawyers in the firm have? (Heck, I'd settle for an analysis of the law school GPA of those associates who stayed and made partner....) Here are some possibilities:

    1. Participation in clinical programs. (Reducing the effect of overall GPA on the decision to interview a student.)
    2. Participation in moot court, mock trial, or writing competitions. (Ditto.)
    3. Answering hypotheticals during the interview. (Focusing on individual skills, not group membership.)
    4. Getting an assignment during the interview and then returning it within a short timeframe. (Ditto.)
    5. Being willing to dip twice as low into a school's cutoff GPA to see if there's any significant difference in the quality of candidates.

    Until law firms change the way that they hire, MoneyLaw schools--which would be lovely places to work--won't provide their graduates with one of the crucial benefits of a legal education: the ability to find satisfying work in the law.

    OK, Bill and Al: I still don't have a MoneyLaw theory, per se, but maybe I'm on my way....

    MoneyLaw schools in a non-MoneyLaw world, part I

    I'm very glad that Bill Henderson has gotten us talking about a cohesive MoneyLaw theory (here), and I'm equally glad that Al Brophy has weighed in with reminders of the various empirical analyses of student "numbers" and bar pass rates. Bill and Al (as well as Paul Caron, Rafael Gely, among others) have been doing a superb job of studying all of the issues surrounding the rankings. Of course, the rankings, well, rankle us over at MoneyLaw.

    And it is time for a MoneyLaw theory of what makes a great law school, as Bill reminds us in his post (and Jeff Harrison reminds us here). Using that tentative list of possible factors is a good start to flesh out a theory.

    The factors again, from both Bill's post and Jeff's post:
    • Bar passage (LSSSE adds a whole new layer of variables), including factors that reduce or eliminate any minority passage gap
    • Employment at graduation / Employed at 9 months (regressions published here)
    • Credentials of incoming students (regressions published here)
    • Annual giving (rate, average amount)
    • Career satisfaction of graduates
    • Satisfaction of major employers of graduates
    • Faculty participation in law reform / participation in successful law reform
    • Pro bono commitment of graduates

    I can't quibble with bar passage, employment rates (at least those that are honestly derived), satisfaction of employers (presumably with the quality of the work--and perhaps the character--of the graduates), and some measure of faculty effectiveness in scholarship (not sure I like the "law reform" angle, but I get the concept of this factor).

    The other factors are more troubling for me. Credentials of incoming students tell us about the applicant pool and the selection of incoming students, but they don't tell us much about the school's quality. Instead, the credentials tell us about the (forgive me, students, for this one) raw materials going into the school. Annual giving can be measured in dollars (Jeff's "rich get richer" point) or percentages of alumni giving (but the latter misses giving by non-alumni, and for new-ish schools like UNLV's law school, that problem misses literally millions of dollars that Dick Morgan has raised). Pro bono commitment of graduates is a lofty goal, and it might tell us something about the culture of the school, but it might also be a factor that depends on other aspects of the graduates' lives (time, ability, desire) that law school might not affect.

    As we look at these proposed factors, though, we face a larger problem: that we're not living in a MoneyLaw world. Let's take placement at graduation. Even before the rankings, employers looked more deeply into the class at the top schools than they did at less highly regarded schools, on the theory that the graduates at the top schools were smarter. GPAs have ordered employer interest in graduates at all schools (e.g., cutoffs for interviews) on the theory that graduates with the highest grades were smarter. This way of choosing whom to hire doesn't value MoneyLaw ideas at all.

    I've spoken to various groups about the disconnect between grades and skills (and between grades and social / emotional intelligence). No matter what I say, most employers are afraid to test their own theories of what makes a good associate, or a good partner. And yet, as they lose associates over time, they realize that they may not be finding the best "fit" for their particular work environment. More about this in part II.

    Digg.com helps to Publicize Ed’s $1,000,000 Offer!



    As you all may or may not be aware ShowEdTheLaw.com was born just a week ago, with the sole purpose to bring attention to the fact that Ed and Elaine Brown are being persecuted for not paying an income tax. Ed and Elaine Browns numerous attempts over many years to get the specific law that obligates them to pay the tax have failed over and over again in the courts.

    The simple fact of the matter is that our present legal system has failed this couple, and many other people who are all asking the one simple question, where is the Law?

    When Ed raised the stakes to find the law by offering up as reward commercial property he owns with an estimated value of 1.2 million dollars. The online community picked up on it very rapidly, a member at Digg.com initialized the first digg and the story was launched into a hyper-frenzied state of internet popularity! Overnight website traffic went from 469 unique visitors on Wednesday to 21,853 unique visitors on Thursday.

    Unfortunately there has been a blackout on this story, the main stream media has yet again failed in their public duty to keep the American populace informed on issues of anything containing more substance than the topic of the untimely death of Anna Nicole Smith or Brittany Spears adventures in shaving her head. It truly is a very, very sad state of affairs.

    However this is the time when your friendly neighborhood blogger comes into play on his or her online web soapbox, united we will stand and divided we will fall. I don’t know about everyone who is reading this story. How far have you gone into investigating the corporation that you voluntarily give 28% of your life’s energy too? Are you willing to take the red pill, and see just how far down the rabbit hole goes? After doing so, I would encourage you all to scream bloody murder and demand that the federal government show Ed and Elaine Brown the law!

    I also regret to inform you, unfortunately no one has yet been able to claim the $1,000,000 commercial property reward by demonstrating that Ed and Elaine Brown have an obligation to contribute to the IRS. However I would love to encourage you to be diligent in your search for the law. So far Ed has received hundreds of emails that purport to show the law, yet all attempts have failed to even come close to obligating them into contributing to the IRS.

    If you can show Ed the law, kindly send him an email to Ed@ShowEdTheLaw.com!

    If you would like to go to New Hampshire and show Ed and Elaine your support, yet are unable to afford to make the trip, then do the next best thing. Join the Online Revolution. It will be televised!

    My sincere thanks goes out to “lolipopfailure” for being the first to digg this site.

    FAQ: Advantages & Disadvantages of Online Business Incorporation Services

    On a legal message board on which I respond to user's questions with user name Calif Business Lawyer from time to time, a question concerning online business incorporation was posted, to which I responded, and which I'm reprinting here, because I get frequent questions about the advantages and disadvantages of online incorporation services:
    I am using an online service to create the S-corporation, and one question asked by the website is to check off a box if it is a "personal service corporation". Examples of such corporations are health and attorney industries, etc. I don't know if a beauty salon is classified as such.

    It's probably not critical to classify the corporation as a personal service corporation except when filing taxes, right?
    My reply:
    Unfortunately, this illustrates one of the problems of using online incorporation services - if you don't know the answers to the question being asked (which in this case doesn't make a lot of sense anyway - only a C corporation need be concerned with personal service corporation [PSC] classification), you need to obtain legal and/or tax (accounting) advice prior to or in conjunction with - or instead of - incorporating online. Of course, by the time you pay to consult an attorney and/or accountant, then pay the document preparation services, most or all savings will have evaporated. Also, such services don't usually start from square one, and ask you, Are you forming in the right state? Have you considered an LLC instead of a corporation (or vice versa)? Why or why not?

    Most of the online incorporation services include disclaimers like this one I found in small print at the bottom of one popular site:

    "[Company] is not a law firm and is not a substitute for the advice of an attorney."

    And this on another leading site: "[We] cannot provide information as to whether a person should incorporate or form a limited liability company or a partnership. If you are contemplating forming any of these entities you should consult with private counsel regarding your individual fact situation."

    For those who know exactly what they want, and can explain it to someone else in plain English in a few sentences, the disadvantages of online incorporation services may be overcome by the one big advantage of cost savings. In my experience, however, this is a minority of those who are using such services. And savings up-front sometimes ends up in more expenses later, when I am hired to resolve business disputes the corporation bylaws and LLC operating agreements should have covered, or would have covered, had they ever been adopted, or to dissolve or merge entities, and replace them with better-suited ones.

    You are correct that the personal service classification is largely tax-related. Some regulated professions are prohibited from forming certain types of business entities in some states (e.g., California does not permit professional LLCs - to test out your favorite online incorporation service, try starting the process of forming a California professional LLC online, and see if the system warns you or rejects it before you get to the submit order stage).

    Don't forget state and local licensing and registration requirements.

    Personal service corporation defined:

    "A type of C-Corporation that is owned and operated by individuals performing personal services in such fields as health, law, engineering, architecture, accounting, actuarial science, performing arts and consulting.

    The requirements for a PSC are:

    The corporation is a C-Corporation.
    The corporation's principal activity during the year is the performance of personal services.
    The personal services are primarily performed by the employee-owners of the corporation.
    Employee-owners own at least 10% of the corporation's stock.

    PSC's must generally use a calendar year as their fiscal year and are taxed at a flat rate of 35% on all of their taxable income."


    See also:

    Zoom Past Legal Zoom and
    LegalZoom - Why We Love It

    The Best Law School

    In the immediately preceding, post Al Brophy draws our attention to an issue Bill Henderson rightfully directs at MoneyLaw contributors and others: how does one measure MoneyLaw success. Bill lists a number of possibilities ranging from bar results to the satisfaction of graduates. I have reproduced the list here but you should read his post for the other thoughtful comments it contains.

    1.Bar passage (LSSSE adds a whole new layer of variables), including factors that reduce or eliminate any minority passage gap
    2. Employment at graduation / Employed at 9 months (regressions published here)
    3. Credentials of incoming students (regressions published here)
    4. Annual giving (rate, average amount)
    5. Career satisfaction of graduates
    6. Satisfaction of major employers of graduates
    7. Faculty participation in law reform / participation in successful law reform
    8. Pro bono commitment of graduates

    To me, Bill's list is somewhat weighted in the direction of the "rich get richer." Since there is no World Series to name a winner, we are all fishing around a bit for a measure of success but I worry about middle of the road state law schools with average LSATs of 162 or so, dedicated faculty, modest giving rates, and which struggle to place their students. Are they irrelevant? Here is why they are not.

    1. When it comes to state law schools, one has to think in terms of the return to public investment. Items 7 and 8 pick up some of this and it is not clear how to measure it. Still, unless state law schools operate as perverse delivery systems for welfare payments to the middle class students and faculty, somewhere in the equation should be a consideration of how the graduates and faculty pay back those who pay the bills. Placement rates and starting salaries do not capture this factor.

    2. A MoneyLaw school is an efficiency school -- getting the most out of what it has. Thus, factors like expenditure per student and credentials of entering students must be compared with what is ultimately produced. A small budget school with students who are unable to get into elite schools and which has a modest placement rate may be out-performing schools others regard as "top" schools. Unlike item 1, this one could be put to an empirical test.

    As I have noted earlier, the search for a meaningful test of what a MoneyLaw school does probably has little to do with focusing on output measures alone. This strikes me as revising the USN&WR methodology. Instead it is best assessed by observing what takes place on a day to day basis.

    The best law school may be one somewhere in the South, the Midwest or an urban area, spending modest amounts per student; and where faculty simply work hard, help each other, gossip little, and for whom national recognition is a secondary consideration.

    (No music link but join me in humming The Band's "The Weight")

    Do you have a web/cam? Want to support Ed and Elaine Brown?

    The Revolution will be televised, Click here for further instructions!

    Also for the $1,000,000 commercial property reward, you must send in your answers to Ed@ShowEdTheLaw.com

    "We are fully aware of title 26, and the 16th amendment. We ask for anyone to show us the specific law that obligates my wife and/or me to contribute into the Internal Revenue coffers."


    Food for thought on the 16th Amendment:


    "The provisions of the Sixteenth Amendment conferred no new power of taxation . . ."

    United States Supreme Court, Stanton v. Baltic Mining Co., 240 U.S. 103 (1916)

    “The Sixteenth Amendment, although referred to in argument, has no real bearing and may be put out of view. As pointed out in recent decisions, it does not extend the taxing power to new or excepted subjects...”

    United States Supreme Court, Peck v. Lowe, 247 U.S. 165 (1918)
    Notice: Today’s food for thought is brought to you by Casey Lee Cobb as a courtesy and guide in assisting you with the $1,000,000 commercial property offer, my views do not necessarily reflect the views of Ed & Elaine Brown. The sole reason for posting this is that many people seem confused on the force and effect of the 16th amendment, as well as the legal effect of the “Internal Revenue Code”. Hopefully this will clarify things with respects to all of your future endeavors in finding the law.

    Bill Henderson on MoneyLaw

    Readers of MoneyLaw will want to read our friend Bill Henderson's thoughts over at elsblog about what we ought to be talking about here. Much to think about. And close followers of this blog may recall Bill's exchange last fall with Jim Chen. Bill had one of my favorite lines in recent memory: "It is rare that a junior scholar has the opportunity to utter these words to a scholar of Jim Chen's stature, but here it goes: Jim, you need a theory."

    Bill and I have talked about one related issue, linearity and the correlation between student quality and bar pass rates (and my response here). Last fall Paul Horwitz also spoke about some MoneyLaw issues.

    Political Science rankings

    First of all, I would like to thank Dean Chen for his invitation to guest blog at MoneyLaw. I will be writing about rankings and hiring in political science. I have been collecting data on assistant professors in political science for two years now (here's my website), a somewhat related discipline to law. I will remain anonymous, so I apologize for the lack of a more thorough personal introduction.

    This first post will be a very descriptive account of rankings in the discipline. After all, the purpose of Moneyball is to rise in the rankings, so it's good to know what kind of rankings are out there. The future posts will be about my own work, as well as on Moneyball hiring strategies in political science more generally. Even though there are considerable differences between legal and political science academia, I hope that some ideas are at least somewhat illuminating.

    There are two main types of rankings in political science (as, I assume, in other disciplines) – “reputational” and “objective.” I cannot describe the rankings in much detail, but I have provided links to papers/websites where possible (some of the sources require a subscription, I am sorry about that).

    Reputational rankings

    Probably the most famous ranking is the one compiled by the National Research Council (1995). It surveyed 208 political scientists who were asked to rate the “scholarly quality of program faculty.” The top 5 was Harvard, UC Berkeley, Yale, Michigan and Stanford. U.S. News also ranks graduate departments in political science, based on surveys sent to department heads and directors of graduate programs who are asked to rate departments on their academic quality (top 4, ranked in 2005, are Harvard, Stanford, Michigan, and Princeton; UC Berkeley, and Yale are tied for 5th). One noteworthy ranking (technically, only "rating") that also, in the end, relies on reputation, is the British Research Assessment Exercise. It’s noteworthy because of the impact of the ranking – much of the research money in the UK is distributed based on that particular ranking. By the way, both NRC and RAE are just in the process of compiling a new round of rankings – NRC will publish its data by the end of 2007.

    Publication and citation based rankings

    NRC did and does collect data on publications and citations, but there are various problems with the data (e.g., no weighing for publication quality whatsoever; and quite obvious errors were noted in citation counts). Not surprisingly, right after the 1995 NRC reputational rankings came out, there were a couple of rankings published that analyzed “objective” and “better” data. Miller, Tien & Peebler (1996) looked at publications in the top political science journal: The American Political Science Review, from the time period of 1954-94, and constructed various tables with rankings (they also took into account citations to authors who had published in the APSR). For example, most publications in the top journal were from faculty at Stanford, followed by Michigan, Harvard, Michigan State, Ohio State and Rochester. Ballard & Mitchell (1998) looked at publication records in nine leading journals (whether a journal was “leading” was determined by a survey conducted earlier). After controlling for faculty size, their top 5 includes California Institute of Technology, SUNY Stony Brook, Rochester, Iowa, and Houston. Among the most recent rankings is the Hix global ranking (working paper and data on his website) of political science departments, based on number of publications in a selection of political science journals, the impact factor of the journals where articles are published, and faculty size. Columbia, Harvard, Stanford, Ohio State and European University Institute come ahead. Masuoka and Grofman (forthcoming) look at which departments have the most highly-cited faculty. They construct various tables; for example, “citations per capita” top 5 is Stanford, Harvard, Yale, Michigan, and Cornell. Another very recent "objective" ranking is compiled by Academic Analytics (see an article about it). This ranking is based on the number of book and journal publications, faculty size, citations, grants and awards. The top 5 are Washington University (St. Louis), Harvard, Yale, SUNY Stony Brook, and Illinois.

    Alumni-based rankings

    There are a couple of rankings based on the work of the alumni of a program. McCormick & Rice (1982; 2001) looked at whose graduates publish in five “leading journals” (a journal was leading if it was published by the national or one of the regional political science associations). Michigan, UC Berkeley, Chicago, Rochester and Indiana are the top 5. In a later study, Rice, McCormick & Bergmann (2002) looked at whose graduates publish books that had been reviewed at the flagship journal APSR. Harvard, UC Berkeley, Yale, Chicago and Princeton top that list (when weighed by size of the graduating class, Harvard, Yale, Stanford, Case Western Reserve and UC Berkeley are at the top). Masuoka and Grofman look at which departments have produced the highest number of highly-cited faculty (determined by being in top 400 of all faculty). The top 5 are Harvard, Yale, UC Berkeley, Michigan, and Chicago. They also look at placement records (additional tables and figures) as such – the top 5 in 1991-2000 placements were Harvard, UC Berkeley, Michigan, Princeton, and Chicago.

    Individual rankings

    Finally, there are a couple of rankings of individual political scientists. Miller, Tien & Peebler (1996) looked at publications and citations in the APSR. The most recent ranking, Political Science 400, and based on a citation count, (full excel spreadsheet here) was just published by Masuoka, Grofman and Feld in the January 2007 issue of the journal PS: Political Science and Politics (most of the rankings and articles referenced above are from that journal). This is the first paper in a series of three (two papers are noted above); more information is available on Grofman's website.

    02/22/07 Interview done today by NECN

    Ed Brown: Audioblog Report 02-21-07

    Doug Kenline Interviews Ed Brown

    Elaine Brown Joyfully Reunites with her Husband


    I listened to the Republic Broadcast Network today and was very grateful to hear that Elaine and Ed were both together again, they are now both resolved in sticking together through these trying times. Initially they took the approach on dual fronts, Elaine through the court system and Ed through his resolve to protect the home front. However now Ed and Elaine are together again standing united, and very happy despite the fact that local authorities are attempting to shake her will via telephone. This was an amazing interview!

    Ed confirmed his offer pledging as a reward one of his commercial properties, an office building valued at $1,000,000 + all you have to do is be the first person to show him the law!

    We were also informed by Ed of new revelations that many other concerned land owners and people are pledging their property and money in support of showing Ed the law! Many people are coming together in support of Ed and Elaine Brown’s courageous stand! I would encourage you all to do the same; do you have assets or property to pledge to the cause of finding the law? If so please be a patriot and contact Ed at 603-675-2909, and you can be an integral part in his success!

    Fred Smart surprised both Ed and Elaine with an impromptu guest Aaron Russo! We learned that Both Elaine and Aaron share the same birthday which fell on Valentine’s Day. Elaine seemed very encouraged and happy to speak with Aaron, who created the hit documentary America: From Freedom to Fascism! I would encourage you all to click the link and watch the movie, then spread it like wild fire to combat the mainstream Medias unfair blackout on this groundbreaking documentary.

    Also show Aaron your support by purchasing as many of these movies as you can possibly afford, or by kindly making a donation. When the mainstream media blocks you out, it’s almost impossible to financially recover from the initial financial investment involved that made this movie possible in the first place. Aaron paid for this movie out of pocket and well, just buy the movie already! Also keep Aaron in your prayers he has been fighting a long battle with cancer.

    Well that about sums up today’s show, I hope you will all show Ed and Elaine Brown your undying support during these trying times, contact the mainstream media get them to publicize Ed’s offer. The IRS, the DOJ, and the House of representatives have all been to this site and they have seen Ed’s offer for them to not take him up on his offer would be an irresponsible act of treason on their part.

    Do your part in calling local and national talk radio, even into live television call in events. Ed’s making them an offer they cannot refuse, it’s very simple if he violated the law show it to him!

    Beverly Hills Lawyer

    I recently received an emailed new client inquiry. She indicated that she was seeking a book contract to write on some new information regarding a celebrity trial, which would thus in her opinion (which I did not disagree with) be quite marketable. Specifically, she wanted to know if I had connections to get the book sold. I indicated to her that New York rather than Los Angeles was the locus of attorneys servicing book authors, because that is still where the vast majority of book publishers are located, but that with a book such as the one she had in mind, any ethical, honest, and hardworking attorney ought to be able to assist her in making the sale. (I also should have noted that book sales are usually and probably best done by book agents where one can be obtained, and that negotiating and documenting the finer points of the contract would best be done by an attorney regularly dealing with literary agreements, and working in conjunction with the author's agent, rather than by a Los Angeles film/TV entertainment attorney such as myself.)

    Ignorning at least the portion of my email indicating to her that I was not well connected in the book publishing world, her reply email began by again asking whether I had the necessary connections to make the sale for her. But in the more interesting portion of her reply, she stated that she indeed already had a "Beverly Hills lawyer - right on Wilshire" that was not getting the job done for her due to his apparent lack of connections. The implication was that a Beverly Hills attorney would be a very good attorney, the best of the best in Los Angeles, and thus if a Beverly Hills attorney without connections was not going to get the job done for her, no connection-less attorney would. Putting aside the issue of whether Beverly Hills lawyers are all ethical, honest, and hardworking - I'm sure most are and some are not - the comment reminded me of something an attorney friend of mine who does indeed have a Beverly Hills office - right on Wilshire(!) - had told me:

    He noted that clients seemed more willing to pay for his small law firm's services ever since the firm relocated from a Los Angeles to a Beverly Hills address. He was a bit amused and a bit perplexed by the phenomenon, shrugging his shoulders as he pointed out to me that he was the same lawyer, and his colleagues the same attorneys, that they were before they moved into their Beverly Hills office building; nonetheless, his clients were now willing to pay more for the same legal services (part of which was no doubt needed to cover the firm's increased rent, the balance representing extra profit for the firm).

    Nothing against Beverly Hills lawyers, on Wilshire Boulevard or off, but the city or street of a prospective lawyer is, in my arguably biased opinion, at best one of many factors a client should consider when choosing an attorney, and perhaps one best disregarded altogether.

    Alma Mater, Mater Mea?

    "Alma Mater" roughly translates as "fostering mother," or "nourishing mother. Does that make your academic alma mater your mother in any real sense?

    Maybe during the college years, which I hear are quite formative--it's the first time away from one's parents home, and the college becomes for better or worse the surrogate parent--atending to your educational, dietary, medical, and personal development needs. Tons of student organizations devoted to every type of obsession and pathology. Dorm formals, or "dormals." Dining hall plans. Broomball (apparently...brooms, a ball, some sort of goal other than idiocy). Student health clinics that train students in safe sex and help them deal, hopefully privately, with the repercussions of unsafe sex. Ultimate frisbee tournaments, Scrabble hoe-downs, any number of ridiculously orchestrated non-academic social events. In graduate school, it offers the same functions, but by then you are supposed to be more autonomous. You are supposed to be able to eat without a dining plan, figure out how to make friends yourself (although those awful school-sponsored kegs in the courtyard...), and hopefully know how to take care of yourself by this age. So really, does graduate school perform any sort of maternal or paternal function?

    I was a commuter to my nearby state college, so I never had that nurturing feeling from school--but I spent so much time there by virtue of my two majors in two different schools (and plus commuting is a pain more than twice a day), that I felt like I spent a significant amount of time there five days a week. I volunteered in many feminist organizations, and edited the feminist newspaper. I belonged to the honors programs in each of my schools. I felt very much a part of the school, despite having to leave it every evening and hardly being there any weekend. I felt that college contributed significantly to my development, both intellectual and personal. When I graduated, I donated a bit of money--not much, but not bad consdering my charity budget then was exactly $100 a year.

    I lived very close to law school, and spent even more time there--and the three years I spent in law school, though they passed quickly, felt as laborious and intense as four years in college. I spent many a weekend at the law library. I attended far more school functions than I ever had in college--public lectures, talks, brown-bags, symposia, social events (except bar review)--and this even when I hated law school the first 1.5 years. I didn't even wait till I graduated to give money back. My school has public interest think tanks that I gladly to which I gladly contributed, as well as a public interest law fund (and charity event) that I donated to every year. In law school, I found causes as well as reasons to contribute. It wasn't my mother, but I still felt a sense of duty to aid it in some of its endeavors. I supported the endeavors, and so I supported my school. I may indeed carve out some of my slightly enlargened charity budget to donate to the school fund--not just special projects, now that I've graduated I see that the entire school is a project that may deserve my support if it can continue with its many particular endeavors.

    It's no different now that I'm in a post-graduate program, except that it's only a one-year program. I hardly go to school, having only two classes. I don't get much out of my school as an institution other than an opportunity to write and work with faculty--and this is something one may in theory do by oneself if one can develop such relationships independently. My school helps me get in touch with faculty and fixes me up with a main advisor--but a lot of the leg work is my own. So it's not a sense of ingratitude, but rather institutionally-bred detachment that I am looking at my "Class of 2007" contribution form with some wariness. I would much rather contribute to the public interest law fund, or a public-interest think tank here. At least until I feel like I really am a part of the school. Maybe that moment will come with my SJD.

    It is slowly awakening now that I've been better integrating myself into the law school as a whole, and not just my program. It sounds silly, but taking classes in a particular program concentration or making friends with the "American" law students goes a long way to making LLMs feel a part of the campus community. It's like that first surge of school spirit I had when I represented my school at a colloquium, or my first school football game. It's the undefinable moment when you feel like you are a part of a greater institution doing great things, and not just using the school as a go-between or writing-coach.

    The point is, I'm not fully there yet, and I wonder if it's the problem with such short, independent academic programs--I no sooner adjusted to being here than I am leaving. I'm not really integrated to the rest of the school, and it takes a great deal of effort to carve out time to join and attend extracurricular activities. And all in one year. I can't imagine what it is like for the internationals, who will go back to their countries. Yet they invariably donate to the class fund here. I appreciate their fervor, even as I can't really understand it. Then I think what it must be like to be a freshman at 18 living away from home for the first time. Ah, so the school has become their mother. I am so comfortable here with friends outside of law school nearby and family not too far away, that I don't feel need or compulsion to attend every social event or rely on the school too much to fulfill my personal needs. Maybe the school is an alma mater to my classmates, who are so far away from their own mothers.

    I'm visiting my law school alma mater this week, and I will let you know whether I feel a resurgent sense of nostalgia and largesse, and whether I miss the hallowed halls because once I belonged there.

    Update: Browns giving away $1,000,000 commercial property if you can show them the law!

    I just got off of the phone with Ed again today. The stakes have risen. The first person to show Ed the law that makes him liable to pay an income tax on his labor and compensation will receive commercial property of his valued at $1,000,000 as a reward! So hurry and find the law to claim Ed's property! I've been looking for the law for five years now and still am not able to find it. I wish you better luck in your journey in finding the law than I have had in mine.

    Send Ed the Law at: Ed@ShowEdTheLaw.com

    UPDATE: The property that Ed and Elaine Brown have pledged, is commercial property (an office building) valued at $1,000,000 + Dollars. This will all be put into writing in the near future, stay tuned.

    Below is a Doug Kenline Audio Interview from today.


    Why won’t the IRS, DOJ, or the House, show Ed the Law?

    United States House of Representatives


    United States Department of Justice


    Privately owned Internal Revenue Service


    Casey Lee Cobb | February | 20th 2007

    We see you watching us, and this post is just to let you know that you can watch us watching you. The Department of Justice, Internal Revenue Service, and the House of Representatives are being put on notice. Your IP addresses have been logged and are now being put forth on the public record for the whole world to see.

    You have seen Ed Brown’s public request for someone to show him the law, if you fail to show him the law now by resorting to violent means and thug tactics it will send a clear message to the whole world that you are operating, via tyranny, and not the rule of law. I implore you to do the right thing, show Ed the law so that he can pay you.

    A scientific explanation for email "nastygrams"

    Today's New York Times posits a scientific explanation for the difference in behavior of those who are civil in face-to-face encounters but brutally venomous in email or instant messaging exchanges. In Flame First, Think Later, New Clues to E-Mail Misbehavior, Daniel Goleman (of Social Intelligence and Emotional Intelligence fame) explains that, in the absence of visual social cues, our brains no longer have that "uh-oh" control that keeps us from inadvertently offending the person with whom we're electronically communicating. As Goleman puts it:

    The emerging field of social neuroscience, the study of what goes on in the brains and bodies of two interacting people, offers clues into the neural mechanics behind flaming.

    This work points to a design flaw inherent in the interface between the brain’s social circuitry and the online world. In face-to-face interaction, the brain reads a continual cascade of emotional signs and social cues, instantaneously using them to guide our next move so that the encounter goes well. Much of this social guidance occurs in circuitry centered on the orbitofrontal cortex, a center for empathy. This cortex uses that social scan to help make sure that what we do next will keep the interaction on track.

    That lack of an immediate visual reaction to an email could explain innocent miscues, such as typing "I resent that email" and then wondering why the other party is upset, when all you meant was that you re-sent the email. It could also explain why people use smiley faces, the word "grin" in brackets, and other ways of showing that the writer does not intend to offend.

    What of those nastygram senders, though, who do want to offend? Unlike Oscar Wilde's famous statement that "[a] gentleman is one who never hurts anyone's feelings unintentionally," these nastygrammers aren't necessarily gentlepersons. Instead, they seem to want to stir up discontent in a public forum. I don't want nastygrammers to use the social neuroscience excuse ("the lack of visual cues made me do it"), so how does a community otherwise prevail on a nastygrammer to cease and desist? Ignoring the emails might work, or it might escalate the nastygrams in the hope of getting some reaction. Any suggestions?

    Elihu Yale Portrait Controversy

    This post is about money and universities, though not the typical focus of money-law. I hope to be back soon to writing about rankings of law journals and the role of race of the study body in US News rankings.

    Yale has recently decided that it will take down a picture of Elihu Yale, the university's namesake, which depicts a young enslaved male (who is wearing a metal collar) waiting on him. I had never heard of the picture before the story broke. Yet, now that I see it, I think it's an important depiction of the connections between that great university and the institution of slavery. I've posted the picture, from the Hartford Courant website at right. Here's the Courant's article on the controversy.

    The article reports that the painting hung in a room where the trustees met, though the room apparently was not generally open to the public. It is going to replace the offending portrait with another one, which does not have a slave in it.

    Yale has other portraits of its benefactor, with less historical baggage. A painting of roughly the same size - of Yale standing alone by a table, a seascape behind him - will soon be dusted off and pulled from a storeroom at the Yale University Art Gallery to replace the one up now.

    The African slave trade was brought to America by European settlers, desperate for bodies to work the sugar and cotton plantations, to supply their trading empires with goods. In paintings of the time, images of blacks in metal collars, marking them as slaves, were not uncommon, said John Marciari, a curator of early European art at Yale.

    "It's a simple but lamentable fact of history," he said.
    I think it's important to talk about the past and so I am grateful for the discussion of the Yale portrait. But I also worry when I see an effort to erase history, which may be one effect of moving the portrait. Lots to talk about here, of course. (I wrote about some of these kinds of issues last fall over at blackprof, though those posts focused largely on Brown University's slavery and justice report and on what to make of connections to slavery now.) I hope in the not-too-distant future to complete a monograph on the connections between universities and proslavery thought, which I have tentatively titled University, Court, and Slave.

    Thanks to Jim Campbell for alerting me to this story.

    Ignorant Bliss in Hiring Legal Academics

    Academics tend to favor the disclosure of all credible and interesting facts. Consider, for example, the post in which I recited figures, originally collected and published by the American Association of Law Schools (AALS), quantifying how various categories of candidates had done in landing legal academic jobs. Some readers evidently regretted that I had aired the data at all, apparently judging it as flawed beyond redemption and as dangerously likely to inflame animus against affirmative action. I found more convincing, however, arguments that the post should have analyzed the data and detailed its limitations. On that view, I erred by saying too little rather than too much.

    Nonetheless, I am somewhat sympathetic to the notion that a little well-placed ignorance might improve the AALS's faculty recruitment services. As I mentioned in my prior post, the AALS collects information about candidates for legal academic jobs and uploads it into an electronic Faculty Appointment Registry (FAR). The form that the AALS gives to candidates invites them to classify themselves by sex and race. Employers can use a web-based interface to run a variety of searches on the FAR database. Notably, the AALS allows would-be employers to run searches for "female" or "minority" candidates. It does not, in contrast, allow a would-be employer to run a search for "male" or "non-minority" candidates. Why?

    Having learned the hazards of skimping on caveats, let me emphasize that the curiously circumscribed search functions of the FAR database do not prove that the AALS encourages, or that any law school engages in, the preferential treatment of women or minority candidates. Perhaps the AALS selectively limits searches so as to protect it against baseless claims that it facilitates bias in favor of men or non-minority candidates, to the disfavor of women or minority ones. Or perhaps the AALS regards allocating scarce interview slots on the basis of race or sex as no more than affirmative action qua outreach. At this point, I honestly do not know.

    Even if the AALS has selectively curtailed FAR database searches in order to facilitate the preferential treatment of women and minority candidates, moreover, it might not constitute a legal problem. I do not pretend to be an expert in employment or civil rights law and so cannot predict what a court would say about such a practice. With all those caveats granted, though, it surely does not strain credulity to imagine someone complaining that to choose interviewees on the basis of their sex or race fails to qualify as an equal opportunity, non-discriminatory hiring practice.

    Perhaps, then, the AALS should consider some alternative ways of handling information about candidates in the FAR. It might, for instance, simply stop collecting data about the sex, race, or ethnicity of candidates for law teaching jobs. Or, perhaps better yet, it could collect that data but not allow schools to use it to run searches on the FAR database.

    At the very least, AALS should consider making it easier for appointments committees using the FAR database to remain willfully blind to the sex, race, or ethnicity of candidates for law teaching jobs. That data now appears at the top of every FAR form. If you want to avoid learning it, you have to resort to strategically placing post-it notes on your computer screen. That hardly works perfectly, though. A better system would allow interviewers to automatically blank out information about the sex, minority status, and name of each candidate. Even if the AALS does not itself think that equal opportunity, non-discriminatory hiring practices demand such measures, it would be nice if it could accommodate interviewers who think otherwise.

    [Crossposted to Agoraphilia.]

    The Pluses and Pitfalls of Gossip


    In the previous post, Jeff Harrison made several excellent points about the poisonous, pernicious nature of faculty gossip. It isn't a far stretch to imagine that idle chatter would undermine collegiality and proffesionalism among faculty colleagues. In theory, at work, one wishes to be evaluated by one's colleagues based on only the "pertinent" criteria of efficiency, productiveness, professionalism, etc. etc. Then again, I remember how much faculty friendship and collegiality is celebrated at every first year orientation--as if for some reason, it matters that the faculty are friends with each other, have dinner with each other and know the names of each others' kids. As if such friendship and cordiality will trickle down to the students, in this sing-song sunny law school environment where everyone is friends with each other and knowing a lot about each others' personal lives is a "good" thing.
    I used to have idealistic notions of the academy, a perspective that is continually disabused the more time I spend in academia. I'd like to think that the gossipy nature of law school, which is very capable of existing in a graduate law program with mostly international students (gossip isn't culture-specific, it just means more languages with which to transmit the gossip) and is reflected by the experiences of my graduate student friends in other disciplines (English, Journalism, Sociology, MFAs, you name it)--well I'd like to think that it would stop once we got "real," "grown-up" jobs. Then I remember that we are adults, just not with the adult accessories (mortgage, Roth IRAs, kids), and if we act this way now, we will probably act this way a few years from now. Things apparently don't change once you get a job. I know this, because now some of my grad student friends are professors, and I now have law professor friends. The human inclination to idle gossip doesn't end just because you change hats. If anything, you start angling the hat to hear the gossip better.
    On the one hand, some studies conducted by the University of Wisconsin and SUNY-Binghamton show that gossip can be good for the workplace. Check out this article from the NY Times, this audio clip from NPR, and this article from the Post-Gazette.
    From the NY Times article:
    People find it irresistible for good reason: Gossip not only helps clarify and enforce the rules that keep people working well together, studies suggest, but it circulates crucial information about the behavior of others that cannot be published in an office manual. As often as it sullies reputations, psychologists say, gossip offers a foothold for newcomers in a group and a safety net for group members who feel in danger of falling out.

    "There has been a tendency to denigrate gossip as sloppy and unreliable" and unworthy of serious study, said David Sloan Wilson, a professor of biology and anthropology at the State University of New York at Binghamton and the author of "Darwin's Cathedral," a book on evolution and group behavior. "But gossip appears to be a very sophisticated, multifunctional interaction which is important in policing behaviors in a group and defining group membership."

    When two or more people huddle to share inside information about another person who is absent, they are often spreading important news, and enacting a mutually protective ritual that may have evolved from early grooming behaviors, some biologists argue.

    "We're told we're not supposed to gossip, that our reputation plummets, but in this context there may be an expectation that you should gossip: you're obligated to tell, like an informal version of the honor code at military academies," Dr. Wilson said.


    Fair points. But that doesn't mean that the positive, social tie/social network building effects of gossip can't quickly degerate into pernicious social closure by those with axes to grind or just mean personalities. The thing with gossip in the workplace is that such idle chatter can lead to very real employment outcomes--the exclusion of certain people from career-enhancing informational networks, denial of valuable assignments and promotions, and disappointing the rightful expectation that those we work with will conduct themselves with professionalism. In theory, you'd expect to act with greater maturity than your students.

    And however good gossip may be anthropologically and sociologically, it can be bad for one's reputation and weigh negatively in the assessment of one's character.

    The folks at Crooked Timber posed a great question about whether evidence of a gossipy personal character may be used as a factor of consideration for graduate admissions, and the responses are well worth reading:

    Graduate Admissions Committee for the department in question is deciding whom to admit. For said discipline, as for several others, there is a website on which potential students gossip share information about the departments to which they are applying, and many do so anonymously. One applicant to said department behaves on the website (under the supposed cloak of anonymity) like… well, very badly, saying malicious things about departments he has visited, raising doubts about whether he is honest and the kind of person it would be reasonable to want other students to deal with, and generally revealing himself to be utterly unpleasant.

    Question: is it wrong for the GAC to take this information about the applicant into account when making a decision? Secondary question: does it make a difference to your answer that the department is in a private, not a public, university?

    Please weigh in with your own responses over at Crooked Timber or here. Altogether very interesting questions posed by both Jeff and Harry: how do we stop gossip. and should we judge others by their human propensity to gossip?

    (Picture: From Toothpaste For Dinner)