The Rookie Attends the New Law Professors Workshop

RookieLet's see. I am walking down a long hallway in the Marriott Wardman Park Hotel in Washington, D.C. I am wearing a lanyard with a name tag hanging from it. Lots of people want to give me advice. Everybody seems young. Is this a dream? Am I forever cursed to relive the Faculty Recruitment Conference in my dreams the way I do the "unstudied-for exam?"

NO! It's the AALS Workshop for New Law Teachers. And I am The Rookie.

More over at LPB.

Merit Pay and Performance

Brian Leiter posts on his blog today about a the decision of the Howrey law firm to pay its associates based on "merit" rather than seniority. I was surprised that this is seen as a radical move. Given the growing acceptance of merit pay even among unionized teachers who have long been suspicious of the idea, I would have thought the private sector would be far more accepting of the idea.

I know that many public law schools follow a lock-step approach to faculty compensation and that faculty salaries are largely a matter of public record. (Is this universally true?) At my private law school, there is much more secrecy and flexibility about compensation. The dean has flexibility to compensate entry-level candidates according to what the market will bear; he can match offers that colleagues have elsewhere; he can make allowances for over- and under-performance; etc. Furthermore, he is not obligated to share with the faculty who makes what or what the basis for any individual compensation decision is.

My MoneyLaw question is what effect these two broad approaches to faculty compensation -- lock-step and public vs. discretionary and private -- have on law school performance? Intuitively one would think that the merit pay creates incentives for performance, and helps deans reward and retain high performers. But the suspicion and jealousy that secrecy breeds can have a devastating effect on morale and collegiality. Is there a middle ground between the two approaches that might balance these two effects?

In baseball (and other professional sports) compensation is usually at the discretion of management but is public. Salaries are reported in the paper next to the ball scores. If management makes poor decisions about whom to compensate and how much, it is accountable to ownership and the public. Would this kind of discretion and accountability improve things in a law school?
IMO the Estate of Edward H. Shinn, IV

06-20-07 A-3819-05T5

In this appeal, the court determined that the trial judge
mistakenly invoked the doctrine of equitable estoppel in
enforcing plaintiff Stacey Shinn's premarital waiver of an
elective share to the estate of her late husband, Edward Shinn,
IV, which waiver, in the circumstances, was otherwise rendered
unenforceable by N.J.S.A. 3B:8-10 and N.J.S.A. 37:2-38. The
court held that because "equity follows the law," the doctrine
of equitable estoppel should not have been utilized to override
the Legislature's declaration that a premarital agreement, which
did not fully disclose what was being waived or which did not
contain an adequate waiver of such a disclosure, must not be
enforced.

"Law Schools Should be Run for the Students and Not the Faculty"

Interesting article in Lawdragon: Storming the Castle, by Katrina Dewey:

For 200 years, the pursuit of an education in the law has caused otherwise intelligent people to behave badly. Very, very badly. ...

[H]is bout of affliction at the hands of legal education caused Turow to press for changes so that others would not be similarly afflicted by what we will call Blackstone’s disease, generally identified in Stages 1 through 5, beginning with study for admission to the bar and ending in death. Always death. Over the years, a growing phalanx of practitioners cried ever more loudly that change was needed but were consistently met with a call over the castle wall: Hark, what sullen fellow (who, we might guess is lacking in intelligence and erudition) goes there?

Lawdragon spent the past six months studying the state of legal education in the United States and discovered that a revolution has occurred. Not surprisingly, dollars played a major role, specifically the salaries commanded by fledgling attorneys with no clue how to practice law. “Forget the Harvard and Yale head in the clouds types, give me six good, nonpampered graduates of Loyola or Miami,” had become an all-too-familiar refrain.

Dollars also mattered in the form of donations from alumni, many of whom still bore the marks of the lash. It’s one thing to love the church, another to support the catechism. And thus came reformation, fueled as well by common sense, competition from other disciplines, the oversaturation of ivory tower professors rewarded for arcania rather than teaching and a world of unlimited information that reduces to present time the value of precedent. ...

“The fundamental revolution in legal education is that even the elite law schools are beginning to recognize law schools should be run for the students and not the faculty,” Turow said in a recent interview. “It’s been a hard time coming.” ...

“To the extent that ‘One L’ was the first voice really raised that this can be better for students,” that’s gratifying. The revolution did not just crystallize schools’ primary focus as educating future practicing lawyers, it also changed how the law is taught — and perhaps even the law itself. The revolution found its foothold at schools that needed something instead of a top tier ranking to attract students. Schools established clinics offering real experience with real clients, founded interdisciplinary courses and brought in a range of practitioners who taught under the title adjunct.

Cross-posted on TaxProf Blog.

Cross-post on the Edwards-Coulter confrontation

It takes a lot these days to drag me away from prepping for the Nevada bar, but I just couldn't resist posting on the Elizabeth Edwards-Ann Coulter dialogue on Hardball a few days ago. My post talks about why full professors should take the same tack that Mrs. Edwards did and confront bullies directly.

Danny Riley Interviewd by WTPRN


Hat Tip to Danny AND WTPRN for the V-Link.

Special Note: A U.S. Marshall by the name of James admitted to Danny Riley that there is no law.

AP Smears and Sneers at Browns Yet Again


AP Smears and Sneers at Browns Yet Again
Claims family engaged in "elaborate scheme"
to hide tax when all they asked for was the law

Paul Joseph Watson | Prison Planet | Wednesday, June 27, 2007

The AP has yet again smeared and sneered at the Brown family by claiming they engaged in an elaborate scheme to hide tax, while also attacking Ron Paul for "praising convicted tax evaders."
Last week, the Associated Press salaciously lied when they reported that the Browns routinely taunt police and SWAT teams from their hilltop compound, making it appear as if Ed and Elaine Brown were deranged lunatics itching for a war, when in actual fact they have said all along that they simply want to be left alone but will defend themselves if fired upon.

If anyone is engaging in provocative tactics then it is the authorities themselves, who continue to lie in wait three weeks after they aborted a planned violent siege on the Brown's property and attempted to intimidate witnesses into validating their false cover story. READ ON...

Ruby Ridge Survivor Weaver Now Being Stalked

Ruby Ridge Survivor Weaver Now Being Stalked
Uniformed man witnessed in woods outside home

Steve Watson | Prison Planet | Tuesday, June 25, 2007

Ruby Ridge massacre survivor Randy Weaver today appeared on the Alex Jones show to alert listeners to the fact that he appears to be under some kind of ongoing surveillance.

Weaver was woken early this morning by his neighbour who had witnessed at least one man in a black uniform moving around in the trees just feet away from Weaver's house.

The neighbour described a man in a black uniform who hurriedly left the scene in a black SUV.

The local Sheriff's deputy reported to Weaver's house after his daughter, also a Ruby Ridge survivor, demanded to know who was conducting surveillance on the property and for what reason. READ ON...

Should Law Schools Emulate Voluntary System of Accountability?

Today's Chronicle of Higher Education and Inside Higher Ed report on a proposed new 5-page template form designed to be used by public colleges to report a common set of measures, including costs, graduation and retention rates, financial aid, student performance, and student satisfaction.

Cross-posted on TaxProf Blog.

WSJ on Law School Rankings

Interesting article in today's Wall Street Journal: Law Schools Also Ranked by Blogs Now, by Amir Efrati:

Since they first began appearing annually in 1990, U.S. News's law-school rankings have been the go-to list for students venturing into the field. While the magazine's business-school rankings face competition from the likes of BusinessWeek and The Wall Street Journal, the magazine has essentially had a monopoly in the law-school realm. But its list has also been heavily criticized by deans and in scores of law-journal articles. Among the complaints from prospective students: In terms of employment, the survey focuses on whether grads are employed but not where they are employed. Flipping burgers would count. In the last two years, at least a dozen upstart Web sites, academic papers and blogs have stepped in with surveys of their own to feed the hunger for information on everything from the quality of the faculty to what a school's diploma might be worth to future employers.

The WSJ article links to nine alternatives to the U.S. News law school rankings, including the article I co-authored with Bernie Black, Ranking Law Schools: Using SSRN to Measure Scholarly Performance, 81 Ind. L.J. 83 (2006), and the web site I publish with Brian Leiter and Joe Hodnicki, Leiter's Law School Rankings. The WSJ article contains this nifty chart comparing the Top 10 law schools under these various metrics [click on chart to enlarge]:

Wsj_rankings

[Cross-posted on TaxProf Blog.]

Ron Paul on Ed & Elaine Brown: True Patriots


Hat Tip to Lee from Rogue Government!

Guerilla Freeway Blogger Strikes Again!

Hat tip to Eric for the excellent Freeway Blogging!

ABA Law School Statistics Now Available

Bill Henderson (Indiana) notes that the ABA Section on Legal Education and Admission to the Bar has, for the first time, posted all of the data from the 2008 ABA-LSAC Official Guide to ABA-Approved Law Schools on its statistics website in downloadable Excel spreadsheet format. Kudos to Ted Seto (Loyola-L.A.) (Understanding the U.S. News Law School Rankings) and Tom Bell (Chapman) (Reforming the USN&WR Law School Rankings; ABA to Make Law School Data More Accessible), whose advocacy of this long overdue reform apparently convinced tha ABA to take this acton.

Cross-posted on TaxProf Blog.

Best Practices

My dean recently distributed copies of Best Practices for Legal Education to the faculty. It's not exactly assigned reading so I have not examined it closely enough for a test. What caught the eye of a colleague who then pointed it out to me is the report of a 2005 study of the Arizona Bar conducted by Gerry Hess and Stephen Gerst. One question for judges and attorneys was to rate the important of areas of legal knowledge. Four courses came in well ahead of the rest -- Civil Procedure, Professional Responsibility, Contracts, and Evidence. Those three, along with Remedies, Torts, and Property were the only ones ranked as essential or very important by at least 50% of the respondents. Not exactly an endorsement of substance-heavy legal training or specialized tracks.


Related to this is the response to a question about the most important professional skills for a new attorney. Here several skill ranked quite high. The leaders were "legal reasoning and analysis" and "written communication" with 96% of the respondents listing them as essential or very important.


I could be wrong but I think there is some tension between what graduates say is most important and what current students think they want. What students think they need are clearly stated rules, an absence of ambiguity, nice power-point presentations, and lectures that lend themselves to well-organized notes. In fact, at my school one of the questions on the teaching evaluation form asks whether the teacher "explained ideas clearly." Sound like a great question if you lecture but I wonder if lecturing can assist in developing legal reasoning skills.

But this begs the Moneylaw question. When there is a different, do you give the students what they want or what they need? I think you give them what they need. On the other and, and this is a hunch, I think the trend in legal education is the give them what they want.

("Dave Vonkleist -- Show Me The Law")


Hat Tip to The Power Hour for the Great Music!

Links re Rankings, Hiring

From Blog Emperor Caron:

Final Report of ABA Accreditation Task Force Rejects Call to Eliminate Tenure Requirement

The ABA Section of Legal Education and Admission to the Bar has released the Report of the Accreditation Task Force (5/29/07), which makes recommendation in nine areas (see at Tax Prof Blog).


From ELS Blog:

Massive Data on Law Schools Now Available for Download

The ABA Section on Legal Education and Admission to the Bar has posted all of its 2008 "Official Guide" data on its statistics website in downloadable Excel spreadsheet format.


On a slightly different front, here's the PrawfsBlawg call for Faculty Appointments Chairs.

It's Time to Make a Stand!

Morse Code: Inside the College Rankings

Rankings geeks take note: Robert Morse, Director of Data Research for U.S. News & World Report, has started a blog called, Morse Code: Inside the College Rankings. The blog's "about" line explains, "Morse Code provides deeper insights into the methodologies and is a forum for commentary and analysis of college, grad and other rankings."

Morse Code will hardly offer a free-for-all about the rankings process. Morse's posts will have to pass an editor's scrutiny and as yet there exists no way for readers for comment. Still, though, anyone who cares about law school rankings will probably want to read Morse Code. I've already added it to my feed.

[Crossposted to Agoraphilia.]

Irwin Schiff at the Libertarian Convention 1996




Irwin Schiff is currently a political prisoner. The criminal Judge presiding over his case; Judge Dawson is on the record saying the following:



Prosecutor: "Objection! Irrelevant!"

Judge Dawson: "Sustained!"

Irwin Schiff: "The income tax law is irrelevant?"

Judge Dawson: "I will not allow the law in my courtroom!"

Irwin Schiff: "But the Supreme Court said in the Cheek decision . . ."

Judge Dawson: "Irrevelant! Denied!"

Irwin Schiff: "The Supreme Court is irrelevant?"

Judge Dawson: "Irrevelant! Denied!"

Rankings Finagling: Who pays?

Everyone remotely involved in legal education knows that many Law School policies are now set by the publishers US News and World Report rankings. Alums, students, university presidents, deans and law faculties appear to desire high rankings at virtually any cost. The biggest cost, to some extent, is the integrity of the schools as they figure out ways to game the system. The ways of doing so are far more numerous than this list but include:

1. Generating massive applications even from those who have no chance of acceptance.
2. Altering the weight given to LSAT and GPA in making admission decisions.
3. Temporary hiring of grads in order to report high placement rates.
4. Lopping off the "bottom" of first year classes and admitting more summer students, transfer students, or part time students.
5. Operating what are, in effect, in house bar review courses.
6. Printing huge numbers of announcements, brochures, and magazines at great expense that are little more than advertisements.

When all the shuffling and spending is done, it looks like the same numbers of students will enter law school and the vast majority will have the same legal education they would have received before the arms race. And, if all schools follow suit, they will stay in roughly the same place ranking wise. The only way to break the cycle is for law schools not to cooperate with USN & WR or for new and better rankings to emerge. I doubt either will happen.

I worry about two things when law schools turn over control to a magazine. The first deals with state law schools. Has any one of them determined whether the price paid is justified by the benefits for those who pay the bills? Or are deans simply responding to noisy faculty and alums -- spending money without a chance of increasing the quality of what the school does. Second, is there a particular group or class of students most likely to be affected? If law schools lop off the "bottom" of the class in order to rise in the rankings do those students -- other than not having performed as well on the LSAT -- have common characteristics.

NOTICE AND DEMAND TO CEASE AND DESIST

Shipment Activity Location Date & Time
------------------------------------------------------
Delivered CONCORD NH 03301 06/18/07 10:56am

Notice Left CONCORD NH 03301 06/16/07 11:01am

Enroute MANCHESTER NH 03103 06/16/07 7:52am

Arrival at Unit SAN DIEGO CA 92137 06/15/07 3:46pm

Acceptance SAN DIEGO CA 92101 06/15/07 12:06pm

The Unconstitutional Federal Reserve & IRS = Slavery

There is NO law! - Ed & Elaine Brown VIDEO


Hat Tip to Anthony for making this Video.

Dissing US News

By now most of you have probably seen the story that a number of small colleges have essentially agreed not to cooperate with U.S. News in its compilation of its annual college rankings and that they are planning to formulate their own rankings system to compete directly with the US News rankings.

This news at least raises the specter of a similar agreement among law school deans not to cooperate with the annual law school rankings. Is this likely to happen? Are the antitrust consequences of such an agreement too scary? Is the collective action problem too difficult to overcome? Do too many schools benefit from the rankings to participate? Are there structural differences between small colleges and law schools that make a similar agreement unlikely at the law school level?

I've argued in print that more rankings are a good thing and that the more rankings that are out there, the less power any one of them is. Are we seeing the start of that progress this morning?

Provost Billy Beane

In our article, What Law Schools Can Learn from Billy Beane and the Oakland Athletics, 82 Texas L. Rev. 1483, 1547 n.335 (2004), we noted that in importing the MoneyBall model to the law school world, "the authority wielded by Billy Beane as general manager is more akin to that of a university provost, with a university president in the role of baseball owner and a law school dean in the role of baseball manager. However, we focus in this Review Essay on deans, both to limit our inquiry to law schools rather than to university administration generally and, frankly, because 'Dean Beane' sounds catchier than 'Provost Beane.'” Gary Becker has some thoughts on what makes a good university provost:

To be sure, that many persons with exceptional analytical abilities fail at top leadership positions in large organizations may largely reflect the fact that failure, or at least mediocrity, is more common than success among heads of large organizations, whether it be government, business, or academic institutions. I am confident of that claim with respect to universities, the organizations I know best, where inspired leadership has not been common. A major reason for this must surely be the great difficulty in predicting how men or women would perform when they get promoted within an organization, or when they move in a lateral way from one organization to another.

The skills, for example, to succeed as provost of a university involves an ability to deal effectively with professors, to evaluate recommendations for professorial promotions and outside appointments, and to handle related faculty matters. Many provosts use success at that position to become candidates for presidents of universities, but the talents required to succeed as president are quite different. Presidents have to raise money, deal with businessmen, foundations, and legislatures, appoint deans, and make other basic administrative and organizational decisions. How well someone performed as provost gives some but limited insight into how well they would perform at the different tasks required of a president. This is even truer when they become president at a university different from the ones where they were provost.

Cross-posted on TaxProf Blog.

I just got off the phone with WMUR 9 New Hampshire..

I asked if they would be releasing the full footage of the press conference held at Ed and Elaine Browns house. The response to this question was “I am not sure.” Just so you all understand I’ve seen this press conference in full it was absolutely amazing and chalked full of pertinent information the public must see in order to understand the full ramifications of what Is truly going on here.

What I would like to do now is give out the phone number for WMUR-TV so that you can call them, and help them to be sure of what they will be doing with the full footage of Ed & Elaine Browns press conference. Now, now people lets be civil and respectable, and last but not least you should all be calling. This number is toll free there is no excuse as to why you cannot call and inquire.

WMUR-TV Broadcast Center
100 South Commercial Street
Manchester, NH 03101
1-800-257-5151
FAX: (603) 641-9005


CALL 1-800-257-5151

(Partial) Ed and Elaine Brown's Press Conference 06-18-07




Clip Autoloads after clicking picture: Allow 5-10 Seconds.

Also available on youtube.

Ed And Elaine Brown Meet Randy Weaver

Random Thoughts for a Monday


On Sunday the New York Times ran a story on the Oakland Athletics' new stadium in Fremont, CA. (Don't even get me started on "Oakland's" new stadium in "Fremont" -- as someone once said, Fremont is a parking lot with a mayor) The article stated that the goal of the new stadium was to generate a consistent revenue stream for the team, allowing general manager and MoneyLaw Patron Saint Billy Beane greater flexibility in acquiring and keeping talent:

“If we can get a ballpark the way we’re trying to do it, with the management talent we have,” Lew Wolff said, “we can have a consistent cash flow that would allow us to have a shot at being a little more like a dynasty like they used to have, at least a semidynasty.”

In his third season as owner of the Athletics, Wolff looks forward to the construction of a revenue-producing park in Fremont, Calif., expected to be completed by 2011. Put money in the hands of the team’s general manager, Billy Beane, and it could become a dangerous weapon.

In his 10-year tenure as general manager, Beane has not known what it is like to have money to spend. The prospect of suddenly having money, in fact, raises the question of what effect it could have on Beane. Will he know what to do with it? Will he react to it like a child let loose in a candy store and go wild, snatching one of everything in sight? Or will he shun the money and go on doing his business in his tried-and-true way?

A couple of things struck me about this story:
  • First, the clear concern of the author that a general manager who is exceptional at making something out of very little might not be the right fit for a team trying to make a lot out of a lot. Much as Beane has been criticized for putting together a team that can win in the regular season but not in the playoffs, it may be that building a team of high-priced free agents is simply not what his skills are best suited for. In the same way, it would be crazy to think that the same dean would be able to turn around a failing school and be able to turn a mediocre school into an excellent one. Those are such different tasks that success in one area would not necessarily translate into success in the other.
  • Second, I was reminded of Bill Henderson's post on ELS last week in which he argued, not for the first time, that the only way for a dean to truly turn around a school is to increase the size of the pie available to her to distribute. While a manager can overachieve with a limited budget for a while, he argued, in the long run a school needs more resources and that the way to get them is to graduate happy graduates who will give back to the institution.
So the A's will have money (following Bill's advice, one can only assume) and will have to find out if the general manager who saw them through small-market poverty is the one to lead them back to the glory days.

(Man, I never get tired of that image. Those were truly simpler times.)

Street Activism for Ed & Elaine Brown!

(click to enlarge) Ed Brown Banner at IRS Exit in Boston!

Hat Tip to Eric for the Great Activism & Pictures!

Are Law Faculties Communities?

I have been wondering lately if a law faculty can be called a community. Having a propensity to over analyze most things I wondered what a community is. You hear the word all the time and depending on the context it means different things. At one end of the continuum is simple a group of practically anything that does the same thing – business community, academic community, etc. This would be “weak community.” At the other end are groups with shared interests who also have share preferences and risks. This would be strong community and suggests interlocking interests. Emotions like spite and envy would not play a role. One person’s gain would be pleasing to all and each person would at least empathize when others have setbacks.

What would be ruled out is a joke my friend Len Riskin told me that he says circulates around the ADR world. A bunch of mid level execs are having some kind of gathering with their boss. One of them says privately to the boss: “If you cannot raise my salary, would you mind lowering Phil’s by 10%.” OK, now that could happen in a “weak community” but it could not in a “strong community.”

I suspect law faculties occupy most points along this continuum. In Moneylaw terms I wonder if there is an optimal point along this continuum. So I have two questions.


Free polls from Pollhost.com
Describe your law faculty with 5 indicating strong community and 1 indicating weak community
1 2 3 4 5


Free polls from Pollhost.com
Describe an ideal law faculty with 5 indicating strong community and 1 indicating weak community
1 2 3 4 5

Like Son Like Father: An Inseparable Journey

Like Son Like Father: An Inseparable Journey

Correspondent Beverly Darling | WorldNews.com | June 16th 2007

(Author’s Note: The media that is covering the tax protesters in New Hampshire, and has covered other stand-offs in the past like Waco and Ruby Ridge, often forgets that each person has a story. This is a father’s journey in which he has decided to join his son Cirino Gonzalez, who along with Ed and Elaine Brown, have barricaded themselves inside their home and are surrounded by Federal Marshals and the U.S. military.)

Thinking back, Jose remembers the story his mother would always tell him that when he was born the doctor tossed him on the bed and said, ‘Life is very hard for man.’ Living in the colonias of south Texas Jose can still remember the day they finally had running water in their small home. Years later he was thankful to also have electricity.

Jose’s father soon left and he remembers packing his suitcase and sitting beside the front door hoping and dreaming that his father would drive-up and take him away. His mother always reminded Jose that he would never see his father again. Jose’s mother was right. Later he vowed that if he ever had children, unlike his father, he would actively be involved and a part of their lives. READ ON...

There is no Masonic Conspiracy

Interview with Retired Police Officer Jack McLamb: "The Constitution vs. the New World Order"


Hat Tip to Pamela's Protest for the V-Link

Jose Gonzalez Stands With His Son!

Jose Gonzalez Stands With His Son!

Casey Lee Cobb | Show Ed The Law | June 15th 2007

Jose Gonzalez, father of Cirino Gonzalez publicly announces to his local news media that he plans to stand by his son’s side. He believes as do we all that the cause is righteous, it appears that he wants to support his son in his patriot efforts in preserving liberty from unjust government tyranny that attempts to enforce laws that do not exist.

If it were not for brave people like Cirino and his father Jose with the physical courage, moral and mental fortitude that it takes to make the stand for what is righteous and just by putting their lives on the line, then the last remnant of remaining hope for restoring liberty would die. If the government chooses to turn these people into martyrs for the cause of truth in taxation, there will be an outcry so large, loud, and persistent that it will reach to the very heavens themselves!

Now is the time folks if you are able, please travel to N.H. and join Ed, Elaine, Reno, Jose, and Randy Weaver among many others in this monumental stand for truth! Remember this is a serious decision to make, if you plan on going down to the home, you must be ready to stand your ground against this government tyranny and corruption. You can be a very important part of history, so if you are both physically and mentally prepared to make the stand, now is the time!

Con Law Camp

I presented yesterday at a weeklong research seminar on constitutional law. My presentation was clear (enough) and I had some interesting questions and ideas that sparked a good deal of discussion. My colleagues gave me excellent feedback, drawing on their many different disciplines and levels of experience. And the more I do these things, the more confident I become about my own scholarly abilities. I used to have insomnia and nausea before presenting. Now I am much more zen about the entire process. I find that with each conference, I get less freaked out about the things that used to plague me: presenting ideas clearly, presenting arguments cogently, and most importantly--speaking slowly. When I speak in public, I speak at a relatively normal, slow-to-me pace. This may surprise people who know me and who have spoken to me for more than one minute. No one said "huh?" the way they usually do when talking to me casually.

I wish I could say more about this, but this is all I can say: Con Law Camp is a very fun and worthwhile experience. It is especially helpful in the early writing stages. Workshops are generally for "works-in-progress" in which you want to refine your paper and get some editorial constructive criticism before you submit to a journal. That's when you want more "eyes." If you are in the early stages and want some feedback about "ideas" and "pick some brains," then a more conversational, roundtable workshop is much better.Moreover, you get feedback that is much more useful, and this is due to the conversational nature of the conference. I can't think of a person here who "lectured" his or her paper. It was very much more dialogic, with idea presentment-response-re-response. That to me is much more valuable than the traditional way of presenting a paper and taking questions that might not give you much new direction. Most conferences are more about networking than workshopping, being one or at most, one and a half day affairs with more happy hours and dinners than actual session time.

Moreover, most conferences are big, drift-in-and-out things where you can pick and choose which panels to attend, and so there isn't a sustained conversation. When you have more than a few days, it's a very nice pace of conversation--ideas presented in the beginning are able to be further developed by the end. Having a few more days also lets you have a more deeper collegial interaction. I think that's important for scholars--not just to meet-and-greet their colleagues in the field, but to have a deeper intellectual interaction with them.

If you write in the area, email me and if I trust your non-outing bona fides, I'll tell you which summer camp I attended and how to apply.

Browns To Hold National Press Conference

Browns To Hold National Press Conference
Randy Weaver to join tax protestors on Monday

Steve Watson | Prison Planet | Thursday, June 14, 2007

Tax Protestors Ed and Elaine Brown have exclusively revealed today that they are to hold a press conference at their home in Plainfield New Hampshire this coming Monday.

Joining them in support and as a freelance reporter documenting the event for Infowars and the GCN radio network will be Ruby Ridge standoff survivor Randy Weaver.

Weaver was shot himself and lost his wife and young son in 1992 when the federal government brutally killed them when they refused to leave their property. He is showing incredible bravery and patriotism by putting himself back into a very similar situation.

Weaver has said that he wishes to diffuse the situation and prevent any bloodshed.

A press conference will be held with Weaver and the Browns this Monday at 2pm EDT, national and local press have been welcomed by the Browns. READ ON...

Update from Cirino!

From: Maria
Date: Jun 14, 2007 9:42 AM

From Cirino: There is no power from the grid, no internet, no phones, and the cable tv has also been cut. No barricades are up yet. Supporters that have been coming in and out have been questioned by authorities. Intel coming in feds stepping up to raid. Randy weaver is due to arrive in a couple of days. True patriots that want to be here should make their way over. This is all directly from Cirino.

American Patriot Cirino Gonzalez Stands With the Browns.

Alice man in N.H. home with Ed & Elaine

Alice Echo-News Journal | Thursday June 14, 2007

PICTURED: This photo of Cirino Gonzalez, downloaded from his mySpace.com page, depicts him with a rifle.

Gonzalez's father says he may join his son to stand against government

Cirino Gonzalez, 30, joined Browns in fight against federal taxes

Christopher Maher, Alice Echo-News Journal

A 30-year-old Alice native has joined a group of tax-protesters who have barricaded themselves in a home in New Hampshire, in what some fear may soon become a standoff similar to the one that unfolded in Waco, Texas, in 1993.

Cirino "Reno" Gonzalez, 30, of Alice is one of more than a dozen people who have joined a New Hampshire couple, Ed and Elaine Brown, in a protest against the federal income tax.


The Browns, who in April were sentenced to more than five years in prison after they were convicted of multiple charges related to tax evasion, have refused to surrender to federal marshals and are currently living with several supporters in a home in Plainfield, N.H. READ ON...

Musical Interlude

Browns Siege: Feds Say They Are Going In


Federal marshals have called Ed and Elaine Brown to tell them that the authorities are coming in to their property at some point soon but "do not want to kill" the Browns.

US Marshall Gary Dimartino, who previously promised the Browns that federal authorities would not raid them only for the feds to then conduct an aborted raid last week, told Elaine Brown that they were coming in.

Given that the Browns now know the marshals have no honor and they have flat out lied before, it is likely that they mean exactly the opposite of anything they openly say to the Browns.

Local security hacks have also heard police scanner radios, on which it has been suggested that two Special Weapons Observation Reconnaissance Detection System, (SWORDS) combat robots (see picture below) are going to be sent into the property at some point soon. READ ON...

How you can help Ed and Elaine Brown!


(click picture to enlarge)

How Not to "Retire and Teach"

I have posted on SSRN a short essay, Memo to Lawyers: How Not to "Retire and Teach," on my perception of what it takes for the, shall we say, "well-seasoned" (or, in my case, being a veteran AARP member, nigh on geriatic) lawyer to make the jump into the academy. Shortly after I committed with great relief and enthusiasm to the offer from my new colleagues at Suffolk, I jotted down B_wendel about twenty do's and don't's and sent them off in an e-mail to Brad Wendel (Cornell, left), whose essay on dealing with the faculty recruiting process, The Big Rock Candy Mountain, is still, to my mind, the best out there. Then I had lunch with another friend (an academic dean) who encouraged me to write the essay as something for him to be able to give to lawyers who inquired about jumping from the practice to the academy. After showing drafts to several people, I concluded on balance the value would exceed the sense of self-congratulation.

Here is the abstract:

Many long-time practitioners muse about what it might be like to "retire and teach," not realizing there is no more galvanizing phrase to their counterparts who have long toiled in the academy, nor one less likely to enhance the prospects of the unfortunate "seasoned" applicant who utters the phrase. I intend this essay not for law professors (though it may either amuse or irritate them), but for those in the practice who aspire, after all these years, to return to the academy. With a good deal of humility acquired along the way, I offer some realistic advice to job seekers, concluding that wistful phrase is precisely the opposite of the true sine qua non of success: demonstrating the capability of, and commitment to, being a productive scholar.

(Cross-posted at Legal Profession Blog).

We Are Change Interviews Ed and Elaine Brown!

Liberty is Righteous and Just.



Fed Informer Infiltrates Brown House

Fed Informer Infiltrates Brown House
Federal vehicles witnessed in nearby hotel parking lot

Steve Watson | Prison Planet | Tuesday, June 12, 2007

UPDATE: 2pm CST - Matt Kazee has now managed to get in touch with Elaine Brown who told him that she had received a call from federal marshall Gary Dimartino who has admitted that the authorities are coming in at some point but "not to kill" the Browns.

Dimartino also denies that the Brown's house guest Danny Riley was shot at, despite Riley's own witness testimony. It is admitted that Riley was tasered.

Kazee has also revealed that local security hacks have heard police scanner radios, on which it has been suggested that two combat robots are going to be sent into the property at some point soon. READ ON...

Now is the Time!

ED CALLS FOR SUPPORT FROM SERIOUS PEOPLE ONLY!!! THEY NEED SERIOUS PEOPLE WILLING TO FIGHT TO COME TO THEIR AID -- RIGHT NOW!!! THIS IS TUESDAY, JUNE 12th -- ED AND ELAINE AND OTHERS NEED YOUR HELP!!!

--Power out
--Agents in woods
--Neighbors evacuated
--Communications shut down and jammed


NOW IS THE TIME -- THIS IS LIFE OR DEATH!!!!!!!!!!!!!!!!!!!!!!! DON'T GO UNLESS YOU'LL FIGHT. TAKE A PLANE, TRAIN, OR AUTOMOBILE IF YOU NEED TO.

READ ON @
www.MakeTheStand.com

So when will the full support come in?

So when will the full support come in?


I am not arrested! Geeezs people have a little more faith in me.

I have some news for you all!

Our power was cut, their internet is PERMINTLY BLOCKED but the company cannot explain why.

And the phones have been cut as well yet "they" ring us through out the day to screw with us....

There is dissent in the ranks of the highway patrol in this area that has been confirmed. Maybe there is some hope.

But please, we are here for you and your children.... everyone is starting to realize that this is more then just a federal tax issue... this is about bringing back our government to the REPUBLIC IT WAS TO BE!

Make a fuss everyone hoot and howl against those who do not know...

There are no road blocks, we are still getting visitors and we are getting supports from the local area... good stuff!

We are happy with everyone being smart and brave with thier ways of getting ahold of us... you all are pretty cool, you know?

Thanks everyone... with your help we are able to stand for you.

Wish I could say more but you know how it is...

Reno

Browns likely under attack again


It appears that Ed and Elaine Brown are under attack for the second time in a week. Ed Brown reported earlier today that his electricity and internet are cut off, and that there were men prowling around in his woods. His phone is now disconnected.

Update 9pm:We found no Federal blockade outside the Brown's home. We did not approach the house, because we could not make phone communication with the occupants.

We did notice one black Federal government vehicle in the parking lot of the Residents Inn nearby.

New Brown raid may be imminent, says govt. watchdog

From NHfree.com
June 11, 2007

Michael Hampton of HomelandStupidity.us says he believes another Federal raid or show of force is imminent in Plainfied, New Hampshire. He also says Washington agents are now occupying a room at the Lebanon Residence Inn.

Hampton, a Manchester blogger who monitors Federal Internet usage, says the same patterns which preceded their June 7 show of force are recurring now.

"Last week the day before the raid, they started reading (Ed Brown Internet discussions) from their laptops and their Verizon data cards," he says.

"And they read...some of Ed Brown supporters' Myspace profiles a lot more frequently...Today they're doing it again, same pattern...And now they've switched over to the Verizon data cards, within the last minute or two, which means they're on the move. SOMETHING is imminent. Maybe another dry run, maybe a raid, I don't know."

He continues:

"At least one of them is operating out of the Residence Inn, 32 Centerra Parkway, Lebanon, as of earlier today,"

Direct link to Hampton's posts:
here

Hampton can be reached at: (603) 206-4321
I can be reached at: (603) 721-1490

- Dave from NHfree.com

If not me, then who? If not now, then when?


Hat Tip to Reno @ Ed & Elaines MySpace


P.S. This is not Reno’s voice; I narrated his letter posted on MySpace.

Specific Rankings

The USN& WR rankings take a fair amount of criticism from Moneylaw contributors and for good reason. No one knows exactly what the rankings mean. The most devastating criticism from my point of view is Nancy Rapaport’s study showing that, once you pass the first few law schools, the next 50 or more are separated by a couple of eye lashes. This means that being 35th or 49th means little except to the same types of people who vote for the political candidate with the catchiest slogan and to those who then have to contend with those people.

Why not a ranking based on what a school actually does. For private schools the most important ranking is probably average starting salary of graduates or rate of return on student investment. Private schools, after all, do not exist because of the rationale that legal education is a public good. I understand that not every student attending a private school takes the highest paying job offer but, a clean ranking by starting salary, adjusted for cost of living, would at least isolate what many students are after. Plus, if the graduates are really that good, presumably they would be made private sectors job offers they can not refuse.

For public schools why not number of graduates taking public sector jobs or practicing in firms with 5 attorneys or less. Public schools students are subsidized at one level or another because someone somewhere along the line convinced people that legal education is a public good. (And not, as I think, a method of income redistribution from lower ranks to higher ranks.) If it is manufactured at inefficiently low levels it must be because the prices in the market do not reflect the true value. So why not measure the public schools by the number people who actually do something other than attempt to fully internalize the benefits of an education someone else contributed to. I know the subsidization varies from school to school so we would work out some kind of ratio.

I am personally not that keen of bar passage rate being goal of every law school but I understand the vast majority of students do take the bar and hope to practice law. But bar passage rate tells you very little. For example, suppose you are a student with a 3.5 GPA and a 150 on the LSAT. Is it bar passage rate that is important or is it bar passage rate for students like you? An informative bar passage measure is one that accounts for different qualifications of entering students. Most students with a 4.0 and a 178 will pass the bar at any school. The idea that schools that primarily admit these students also get credit for a high bar passage rate makes no sense at all.

I can think of other measures but they all come down to a School deciding what its role is and then measuring its success. This is very different from what typically goes on: A faculty examines what its school does and then decides that those are its goals and gives itself an A. My sense is that the only thing good about USN&WR report is that it takes the rankings out of the hands of complacent faculties and administrators who serve them.

Fascism

June 8th 2007: Alex Jones covers Ed and Elaine Brown

AFTF Media: Ed & Elaine Brown 6/6/07

Danny Riley aka (Dog Walker) exposes what Really Happened at Ed Browns House Today.



A Life Saving Dog Walk

Casey Lee Cobb | Show Ed The Law | June 7th 2007

Danny Riley friend of Ed Brown reveals what really happened when he was walking the dog this morning at the Browns. This is an amazing interview I recommend that you all watch it from start to finish. Danny Riley a true patriot and friend of the Browns, was doing them a favor by walking their dog when he realized that there were infiltrators close by camouflaged in ghillie suits preparing to unlawfully raid the property of Ed and Elaine Brown.

He confronted one of the infiltrators by yelling out “What are you doing turkey hunting!” only to be assaulted with attempts on his life, two sniper rounds whizzed by his person. He was then tazed and taken into custody by our criminal government.

At which point he was strip searched and interrogated when all was said and done they finally released him under the condition that he not reveal the true events of what happened. Being a real patriot with fellow patriots in danger, guided by his conscience Danny is disclosing to the world what really happened at the Browns house.

This clears the air and establishes a public record that the intent of the local government all along has been to infiltrate the browns with excessive force, all the while local law enforcement in the area has been deceiving the local news media by saying that the armored vehicles and men in black ski masks were merely there to serve a warrant.

This man choosing to walk Ed’s dog at the time that he did may have inadvertently prevented a tragedy from happening today. Whether you believe in god or not, one must admit that today was a very fortunate day for the Brown family. Thank you Danny Riley.

Ed Brown: Educating the Press



Casey Lee Cobb | ShowEdTheLaw.com | June 7th 2007

Ed Brown Educates Kevin Flynn a reporter from WMUR News 9 in New Hampshire. He asked the reporter to Show him the law which requires him to pay an income tax.

He then proceeded to gift the reporter with Aaron Russo’s new movie “America: From Freedom to Fascism”, which proves beyond a shadow of a doubt that the IRS’s enforcement actions are implemented fraudulently with the assistance of the lower courts which are not submitting to the decisions of the Supreme Court.

Let us measure this journalist’s integrity and see if he watch’s the video and actually pursues real answers as to why the law enforcement officials in New Hampshire are attempting to persecute Ed and Elaine Brown by criminally enforcing court orders that directly violate Supreme Court decisions with respects to the application of the so called “income tax”.

Call the "Authorities" Let Them Know that WE ARE WATCHING!

Sheriff's Office: 603-863-4200

Federal Marshalls Office: 603-225-1632

Tell Them to Leave Ed and Elaine
Brown Alone, They are innocent!

911 Truth Embraces Ed and Elaine Brown!


This is not only an attack on tax honesty, this is an attack on 911 Truth!

Ed Says Armored Personell Carriers Spotted In Area





Hat Tip to Show Us The Inherent Law for the Audio

New U.S. Export--rankings fever

Just found this through one of my Google alerts: Ranking UK Law Schools. I guess it's only fair: the Brits gave us the U.S. versions of The Office and Dancing with the Stars. We came out ahead.

Does Teaching Matter?

Typically, in the context of Moneylaw, the discussion is more about scholarship than teaching. I suppose that is because it is easier to qualify scholarship and the national rankings of law schools seem unattached to teaching quality other than a possible connection to bar passage and placement rates.

If we did not have the rankings tail wagging the dog of law school operations and the focus were strictly on law school performance it seems like teaching quality would be a big factor. The problem is how do you evaluation teaching even if you wanted to? I mean really evaluated it.

Sure we have numerical rankings by the students which I think is the product of a 1960 – 1970s effort to make them feel more relevant and I do not discount what they tell us if someone is consistently ranked very low. (Very high is a completely different matter.) The problem with those evaluations is that, at least in law school, no one knows what they measure. I hear teachers frankly admit that they have higher evaluations in when they are funnier and do not “push” as hard. In one yet-to be-published study a professor found an inverse relationship between student scores on the final exam and how highly each had ranked him as a teacher.

I am wonder if there will be a day (or perhaps it has come) when someone is denied tenure, promotion or a pay raise based, in part, on teaching evaluations. It seems to me that a challenge to that decision could be based on the fact the reliability of the measuring instrument has not been tested.

This is another area in which the Moneyball/Moneylaw analogy gets thin. In baseball the statistics can be iffy in some ways. A poor win-loss record may reflect little about pitching effectiveness and a batting average alone may not say much about hitting in the clutch. But, over in baseball, there is something riding on having more detailed back-up numbers that get closer to the truth. In law the inattention to evaluating teaching not only indicates how difficult it is but, perhaps, how little it matters. Has any school hired away a professor from another based on teaching excellence?

Why Do You Teach?

Taylor Mali, "the spokesman for teaching's nobility, the poet laureate of passion in the classroom," does a wonderful bit on What Teachers Make:

For more on Mr. Mali, see TaxProf Blog. (Hat Tip: John Mayer.)

“Live Free Or Die!” Concert in Support of Ed and Elaine! (SATURDAY JULY 14, 2007)

FEATURING 'POKER FACE' SATURDAY JULY 14, 2007

Tail Wagging Again

I understand this is all old news. Increasingly law school operations are designed to ensure that the schools perform well in the USN&WR rankings whether or not it means improving or even maintaining the substantive quality of the school. (Was it Billy Crystal who used to say, "It's not how you feel, it's how you look."?) I raise the issue again because of the superb way Jeffrey Stake captures the problem in this excerpt from the abstract to his article on what I have referred to as another example of the tail wagging the dog:

"A more serious problem is the effect of US News rankings on the operation of law schools and students who desire admission. The rankings have created incentives for students who want to be lawyers to go to schools that have grade inflation and take easy courses at those schools. The US News rankings have created incentives for schools to teach to the bar exam, spend money on glossy publications, raise tuition, increase the number of transfer students, and admit students according to their bubble ability (their aptitude for taking multiple-choice standardized exams) rather than their prospects for contributing to the learning environment at the law school or their prospects for becoming effective and responsible lawyers."

Personally, I am not all that receptive to arguments that USN&WR made law schools and administrators lose their way. In fact, in a move that says way to much about the character of law schools, they seemed to have rolled over for the publishers of USN&WR. One wonders what someone with the courage of a Chesterfield Smith would have done or said about kowtowing to a magazine.

On the other hand, the pressures are enormous and the administrators of a law school that slips in the rankings, regardless of the reason, may be faced by unhappy students, professors, and alums. I am not sure I know how they can "win," unless they act in unison. (If you are thinking prisoner's dilemma and all that, you get my drift.) Suppose the administration of a state law school, in order to please those groups, went all out and admitted students only on the basis of GPA and LSAT. It's particularly ironic that some alums who might favor such a move are willing to pull up the ladder that enabled many of them to go to go to law school. And, can you imagine the outcry among faculty if students were admitted "on the numbers" alone.

So how does a law school get entering students out of the pool that USN&WR counts while admitting basically the same students. The ways mentioned in the press so far include making many of them part time, admitting them in the summer, and reducing the size of first year classes while making up the difference with transfer students.

In this escalating system, do all schools have to go through these machinations in order just to hold their places? How about a cease fire and everyone holds the ground now occupied?


[Now I have a completely unrelated sports question. Suppose the first draft pick in the NBA goes to the team with the worse record. Two teams are tied for this and play each other in the final game. Each team tries to lose and does so by shooting at the other team's goal. I think it becomes a regular game only the goals are reversed. (Or is it simply a miss if I sink one in the other team's goal?) If this is right so far, how does the 3 pointer work? Could one team make a 3 pointer for the other team?]