2008 USN&WR Law School Rankings Under New Emp9 Formula

What impact will U.S. News & World Report's new formula for calculating the "employment at 9 months" variable have on next year's law school rankings? Most importantly, it will make the rankings more accurate. No longer will a law school be able to arbitrarily increase its rank by strategically classifying unemployed students studying for the Bar exam as "unemployed, not seeking employment." Even though flaws will continue to mar the Emp9 measure, as well as other aspects of USN&WR's methodology, we can look forward to a better and fairer assessment of law schools in next year's rankings.

The Emp9 formula that will kick in next year might not make everyone happy, however. It will doubtless cause some law schools to fare less well in the upcoming (the "2009") USN&WR rankings than they did in the most recent (the "2008") rankings. Which schools will drop in the rankings, and by how much? That is of course impossible to say. We can estimate the new Emp9 formula's future impact, however, by making it hypothetically effective a year earlier. I did just that, using my model of the 2008 rankings. Herewith the results:

Table Showing Impact New Emp9 Formula Would Have Had on 2008 USN&WR Law School Rankings
In addition to those results, my experiment indicates that implementing the new Emp9 formula a year earlier would have caused:

  • Florida International University School of Law to fall from the third tier into the fourth tier (to a point about 1/3rd down from the top of the fourth tier);
  • Valparaiso University School of Law to (just barely) escape from the fourth tier to the bottom of the third; and
  • Northern Illinois University School of Law to leap from the fourth tier to a point well up from the bottom of the third tier (about 1/3rd of the way up from the bottom of that tier).

How did I come up with these results? First, I downloaded the February 2006 employment data that the American Bar Association published for each law school it accredits. Second, I ran that data through the formula that USN&WR plans to use to calculate Emp9 scores in next year's rankings. Third, I plugged the resulting Emp9 scores into my model of the most recent rankings, substituting it for the Emp9 scores USN&WR calculated under its old formula. That gave me new scores for all the schools ranked by USN&WR. To best estimate the impact of the new formula, though, I didn't just use those scores. Rather, I added or subtracted to the scores USN&WR published for each of the law schools in the top two tiers of its 2008 rankings the difference between what my model had originally calculated for those schools and what it came up with under the new Emp9 formula. (For schools in other tiers, though, for which USN&WR does not publish scores, I simply compared the model's original and recalculated scores.) That generated the final result: an estimate of what effect the new Emp9 formula would have had had it been instituted this year.

Please allow me to emphasize that this experiment does not suffice to predict next year's rankings. My model does not perfectly mimic USN&WR's law school rankings, which at any rate rely on much more than only Emp9 measures. Also, as I observed earlier, it appears that for a few schools USN&WR used different Emp9 numbers than those published by the ABA. I of necessity used the latter numbers for this exercise. Speaking only as a rankings geek, though, I daresay that even these admittedly imperfect results prove interesting.

[Crossposted to Agoraphilia.]

Earlier posts about the 2008 USN&WR law school rankings:

Earlier posts about Emp9 measure:

Evidence of a Conspiracy


WMUR Reports that the activity of the 29th in which lead to an onslaught of hundreds of phone calls from concerned Brown supporters was and I quote “All for something police say never happened.” Now it appears that WMUR is backing away from that statement and video report by releasing a new official (Law Enforcement Friendly) revised edition of the response that local authorities have for that nights events.

In this new (Law Enforcement Friendly) close-ended version of the coverage for the events of the 29th, police admit that they stood down, and refused to respond to emergency phone calls on behalf of the Browns for purposes of the safety of law enforcement officers, firefighters, and EMS. Now if you will notice, in this new video the police completely contradict the reporting of WMUR’s previous version of the coverage of these events where WMUR has specifically stated that this was “All for something police officers say never happened.”

Question: How can you make a conscious decision to stand down from something that “...never happened.”?

Upon closer inspection you will notice that it becomes completely transparent that either


  • (A) the statement from WMUR was not factual. (or)


  • (B) The local law enforcement and media are working together in tandom in order to shape public opinion to fit the desires of law enforcement, via publishing a revisionists form of history. That version being the more factual, we stood down AND SOMETHING WAS HAPPENING version.


Now I know what you’re thinking, most respectable news agencies would simply issue a retraction of the portion of the news report that was untrue or contradictory. Or if there was something more sinister going on, they may choose to pretend that the first report never existed, and then carry on by publicly releasing on their official YouTube account the (Law Enforcement Friendly) version of history.

If there is no retraction issued regarding the statement “All for something police say never happened.” we can naturally come to the conclusion that option (B) is what WMUR chose to go with. In the un-likely event that WMUR were to try and save face, that they are credible and not under the influence of local law enforcement maybe they would consider revealing the name of their initial source that being the police officer(s) who deliberately lied to the news media.
___________

A Short Recap just in case you’re confused: Police officers did not respond, to something that never happened, and were not present while it was not happening.

Story Changes: Now Local Authorities promptly admit Stand Down.

Remember, initially there was nothing to respond to.
See: All for something police say never happened…

Police Chief Gillens installs unorthodox car counter, via making skid marks…


When Elaine Brown called in to find out why Chief Gillens was blocking their driveway, it was explained to Elaine Brown that he was going to be using the horizontal skid marks in order to measure the number of vertical tracks coming into the premises.

Alex Jones Interviews Elaine Brown AND Danny Riley (July 30th 2007)


Cover Art, courtesy of David Dees.

Back From Berlin

After spending about 6 hours at Newark's ironically named Liberty International Airport last night, I am finally back from the Law and Society Meeting in Berlin. Here are some jet-lagged thoughts:

  • It's all about the hallways. I've been going to LSA meetings since 1994 (I remember watching the OJ White Bronco chase from the swim-up bar at the Arizona Biltmore with a number of equally mesmerized colleagues that year. -- I don't remember taking peyote, but that was the most hallucinatory moment of my life). LSA is always a very amorphous meeting -- the LSA umbrella is so big at this point that I'd imagine there are very few in the legal academy today who do work that couldn't be presented at LSA. Thus, the meeting can feel very disjointed, with lots of sub-groups and cliques. I spent lots of time catching up with old friends and meeting a number of people I know only through their work or their blogs, but it feels now more than ever like LSA is a number of different meetings that just happen to be occurring in the same time and space.
  • "New" is the new "(Re). The joke used to be that every LSA panel featured the phrase "(Re)Imagining" "(Re)Conceptualizing " or "(Re)Evaluating" in the title. Now, the thing seems to be "New". So there were panels on, at least, the "New Legal Realism," the "New Formalism," the "New Governance" and the "New Punitiveness". (Jeff Lipshaw has a very good post this morning on the "New Formalism" panel on which he appeared.)
  • Berlin is an incredibly evocative place. I know that there was a lot of discussion before the meeting about whether people of color could feel comfortable in Berlin in light of the recent racist attacks that have been taking place there. For those of us who are Jewish, being in Berlin presented a very different set of concerns. My mother was born in Berlin and left with her family in 1939, a full year after Kristallnacht; so it was strange to me that my comfortable and luxurious hotel was 2 blocks from the former SS headquarters, where the killing of Europe's Jews was meticulously plotted and carried out. The city is both full of reminders of the atrocities that were carried out there -- it has numerous monuments to the victims of the holocaust -- and in other ways completely detached from its past. For example, unless you knew its history, there are very few hints that 20 years ago a wall divided the city in two. Again, Jeff Lipshaw (whose family history seems eerily similar to my own) wrote about this some at Prawfsblog.

Attorney Tom Cryer Speaks on his Acquittal

Hat Tip to Show Us The Inherent Law for the V-Link.

All for something police say never happened….



Can you say dereliction of duty? Or the equivalency of such for a police officer and dispatcher? There are multiple eyewitness accounts regarding the activity that went on at 401 Center of Town Road, in Plainfield yesterday. These multiple eyewitness and ear witness accounts of gunfire and covert operations being conducted on the Browns property can be confirmed by well over a dozen of their house guests.

After receiving notification that 30-40 rounds were fired on said property. Many people took action in order to prevent another Waco like massacre. During the process of being bombarded with literally hundreds of phone calls in the early morning of the 29th there were numerous reports over an eight hour time period which indicated that the police had responded to the emergency calls by saying things like “We have not heard anything.” or that there is nothing going on at the Browns.

Caller after caller, calling into the “The Wolf at Your Door” radio show, hosted by Torin Wolf; gave testimony after testimony of police dispatchers stonewalling with respects to the reported gunfire on the Browns property. It is in this author’s opinion that the police department stood down deliberately, stone walled callers deliberately, and hung up on many concerned callers whom were simply trying to save the life of Ed and Elaine Brown.

Little did they know or realize that this little game of psychological warfare conducted by your favorite alphabet agency of choice was going to be used as a pretext to rabble rouse the Brown supporters into unwittingly making the media portray us as a nuisance to the local community.

History is the harshest judge of man, it makes people and it breaks people. Time did not heal the wounds left by the happenings that occurred at Ruby Ridge, nor did time heal the wounds of the Waco massacre. Ed and Elaine Brown have been asking for the law for over 10 years, and will continue to do so for 10 years more if need be.

The actions that one chooses to take or not take ultimately become each and everyone’s own destiny. If one does not choose their own destiny; it simply manifests, or if you do choose; you will manifest destiny. I know it’s easy for you not to act, I know it’s easy for you to play your little game, because no good deed goes unpunished, considered even less is the fact that no bad deed is ever forgotten. Yet behind all those words lay one simple truth the law that makes most Americans liable for an income tax, simply does not exist; and it is that very truth that shall set us free.

Torin Wolf Interviews Danny Riley July 29th 2007

Agent Provocateurs attempted to provoke the Browns into returning fire.



The Ethics of Strategic Emp9 Reporting

I've offered a series of posts in recent months about how the "employment at 9 months" variable functions (or, rather, misfunctions) in U.S. News and World Report's law school rankings. As I explained in the first of those posts, "USN&WR's Emp9 formula allows a law school to score notably higher in the rankings by characterizing those of its graduates both unemployed and studying full-time for the Bar as 'unemployed and not seeking work' rather than as 'unemployed and studying for the Bar full-time.'" That observation led me to pose six questions:
  • Why does that classification strategy benefit law schools?
  • Which law schools pursue that strategy?
  • How much do they benefit from it?
  • Is that ethical?
  • How did we get into the mess?
  • How do we get out of it?
I offered my answers to the first three of those questions in an earlier post. I here tackle the remaining three.

Is that [i.e., strategically answering Emp9 questions] ethical?

I admit to having no particular expertise in ethical matters. I hesitate to judge law school administrators, moreover, as I can only imagine the intense pressures they face when they fill out their ABA and USN&WR questionnaires. And what I (or anyone) thinks probably doesn't matter much, anyway, given that USN&WR has changed its Emp9 formula to henceforth avoid this particular ethical conundrum.

I daresay, though, that the better fit offered by "unemployed and studying for the Bar full-time" makes it suspect to instead call graduates "unemployed and not seeking work." The latter classification plainly aims to cover graduates who, like trust-fund kids or new parents, choose to not work as attorneys. In contrast, anybody studying for the Bar nine months after graduating law school almost certainly failed the exam the once, wants desperately to pass it the second time around, and would seize almost any law firm's job offer. To classify such a person as "unemployed and not seeking work" demands a justification.

I don't think it would suffice to answer, "Everybody else does it!" Not everybody does. Nor would some vague appeal to the inherent unfairness of the rankings move me—especially given that innocent students rely on law schools to reply forthrightly to the ABA and USN&WR questionnaires.

I find most convincing the claim that, so long as it does not out-and-out lie, a law school can describe itself as advantageously as it likes. That argument recalls the tax attorney's refrain that no obligation exists to pay the government more than legally required. On that view, USN&WR offered a loophole that only the inattentive or foolish would forego. So, at least, goes the best argument I've heard for answering USN&WR's Emp9 questions strategically. Whether "best" here rises to "good enough," though, I cannot say.

How did we get into the mess?

USN&WR wrote its Emp9 formula poorly and then failed to fully disclose the ramifications. Some schools evidently found and exploited the resulting loophole. Some law schools doubtless considered and rejected that route. Still other law schools never even knew that they might have benefited from strategically characterizing their Emp9 data. USN&WR should either have chosen a better formula in the first place or at least have made sure that all law schools knew how its Emp9 formula (mal)functioned.

How do we get out of it?

USN&WR has now adopted an Emp9 formula that will disallow the sort of strategic reporting that has marred recent editions of its law school rankings. That should cure the problem at hand. Even USN&WR's revised Emp9 measure will remain subject to a variety of tricks, however, such as law schools temporarily hiring their own graduates or adopting creative definitions of "pursuing a graduate degree."

Let's return to fundamentals. Why does anyone care about post-graduation employment, anyway? First, because law students generally plan to practice law and, second, because they usually want to earn at least enough to pay off their law school debts. We can surely find a better way to convey that information than the current Emp9 measure. We might, for instance, track the percentage of graduates who have jobs requiring a J.D. or even Bar membership. Or we might calculate the average "new graduate's monthly salary/new graduate's monthly law school debt payment" ratio for each law school—that's a number that would-be law students would surely find useful.

There probably exist other, even better ways to figure out how well law schools serve their students. How can find those alternatives to USN&WR's Emp9 measure? By pursuing reforms that will make the assessment of law schools more transparent, accurate, and competitive.

[Crossposted to Agoraphilia.]

Earlier posts about Emp9 measure:

Vengeance

Hey! The bar exam is over. Congratulations.

AngryLittleGirlAngryLittleGirl, an emerging YouTube superstar, has created a video that expresses a sentiment felt by many bar takers. Click on the picture at left to play the video.

Alex Jones Interviews Ed & Elaine Brown July 29th 2007

Shots Fired At Browns Probable Attempt at Provocation

Shots Fired At Browns
Probable Attempt at Provocation

Numerous incidents last night around New Hampshire couple's
property had frantic observers worried siege was underway

Paul Joseph Watson | Prison Planet | Sunday, July 29, 2007

30 to 40 shots were fired outside Ed and Elaine Brown's house last night in what was a probable attempt at provocation to goad the Browns and their supporters into a violent response.

Alex Jones spoke to Elaine Brown at around 11:30pm last night and confirmed that what sounded like automatic weapon fire was heard coming from a wooded area behind the house.

Another supporter of the Browns who was staying on the property in a trailer was also startled when his mobile home was violently pounded on in the middle of the night, but the perpetrator escaped. (Article continues)

Evidence of a Treasonous Stand Down


Related Story: Police: No Activity At Home Of Couple Convicted Of Tax Evasion

Status Report: SNAFU


The threat level at the Brown’s has been reduced from Red alert to High Alert; daylight is now working for the side of justice and truth. As you all know in the early hours this morning our fellow patriot Danny Riley has been reporting for us all night long via a couple of honorable radio stations; “Truth Or Lies” and “We The People Radio Network” also I wanted to send a very special thank you to Torin Wolf from the ‘Wolf At Your Door’ for reporting on this all night long live with Danny Riley.

Here is a short recap of the evening events
At 20:35:46 PDT a distress signal was sent via email from Danny Riley, this message was sent to many patriots in the Infowar it reads as follows:

30 to 40 rounds fired behind the house noise heard in the woods everyone is at battle stations this is not a drill I repeat this is not a drill. Danny

Patriotic Americans responded to this message by contacting Danny via cell phone and putting him on air immediately and without hesitation. Major events and activities of the night include agent provocateurs, firing 30-40 rounds in the vicinity of the Browns, and physically shaking the trailer of one of Ed’s supporters in attempts to spur return fire to be used as an excuse for a use of force.

Local law enforcement TREASONASLY stood down similar to NORAD on 911; they repeatedly refused to acknowledge that they were the recipients of the hundreds of phone calls that were pouring in reporting the criminal activity being perpetrated at the Browns.

Situation is still on high alert, if you are a patriot in the Infowar, or a patriot of the organized, or unorganized militias of the 50 states of the union. I highly recommend that you man your posts vigilantly.

The status change from Red Alert to high alert merely means that we have no daylight time to spare. In several hours, we may possibly come face to face with the hired mercenaries that have been assigned the mission of assassinating this elderly couple in the tax honesty movement, who merely want government to respond lawfully, by showing them the law.

RED ALERT: ED & ELAINE BROWN



30 to 40 rounds fired behind the house noise heard in the woods every one is at battle stations this in not a drill i repeat this in not a drill.

Danny


http://www.wtprn.com/listen.shtml


TELL THEM THE WORLD IS WATCHING!

Plainfield Police: 603-643-2222

Sullivan County Sheriff: 603-863-4200



  • WMUR News is not going to cover this story, because the Police are Stonewalling and will not confirm the reports of Gunfire. Call them up and demand that they cover this issue! 1-800-257-5151

  • Federal Agents have been physically shaking the Trailer of one of Ed’s supporters in order to attempt to provocateur return fire from the Brown’s supporters to be used as a pretext to use force.


Ed & Elaine Brown
401 Center of Town Road
Plainfield, New Hampshire 03781

Get to the Browns house now!

If you are unable, use this list below, call them and dont stop calling!

Please flood the phones and do not stop till good things start to happen.

1: Sullivan County, NH (Plainfield is located here) Sheriff Michael Prozzo -- 603-863-4200

Please call the sheriff's office and urge him to act under his authority as the supreme law enforcement official in Sullivan County. He is the only elected law enforcement "official" and has the authority to tell the feds to back off. But so far he hasn't done anything but hide from this whole matter. Urge him to do something RIGHT NOW!!!

2: New Hampshire State Governor John Lynch -- 603-271-2121

Please call Gov. Lynch's office right now! They will likely try to skirt the issue and tell you to call the U.S. Marshall's office. Don't let them off the hook! Tell them that the GOVERNOR is supposed to have the authority over New Hampshire -- not the feds!!! Ed does not live on federal land! Ed is not under federal jurisdiction! Plainfield isn't on federal land, the county isn't, and the state isn't. The feds have no business there. The governor could act to stop it and keep the feds out. As with the sheriff, so far he has not!!! Call and tell them HE ABSOLUTELY MUST EXERCISE HIS AUTHORITY AND STOP THE FEDS.

3: The U.S. Marshall's office: 603-225-1632

Please call and tell them they have no authority, no business, and should immediately stop the violent actions they are taking against the Browns. They will likely ask for your name and number -- that's what they asked from me -- you can give it to them if you'd like, or not if you don't want to -- but don't be scared of these guys. Get your message that this should be resolved without the continued use of violence and the threat of violence. Tell them we are watching!

OTHER NUMBERS TO CONTACT:

Sullivan County Sheriff's Office
14 Main St.
P.O. Box 27
Newport, NH 03773
PH 603.863.4200
FAX 603.863.0012

Representative Matthew S. Houde
Home Address:
Matthew S. Houde
P.O. Box 66
Meriden, NH 03770-0066
Phone: (603)504-2744
matthewhoude@yahoo.com
Business Address:
Vermont Law School
Chelsea St., PO Box 96
S. Royalton, VT 05068
Phone: (802)831-1241

Representative Carla M. Skinder
Carla M. Skinder
465 East Road
Cornish, NH 03745-4433
Phone: (603)542-6065
Phone: (603)543-6895
FAX: (603)863-8383
cskinder@vrh.org
carla.skinder@leg.state.nh.us

Senator Peter Hoe Burling
Senate Office:
Statehouse
107 N. Main St., Room 105
Concord, N.H. 03301
(603) 271-2642
peter.burling@leg.state.nh.us
Home:
20 Lang Road
Cornish, N.H. 03745-4209
(603) 675-6255

Governor Lynch
Office of the Governor
State House
25 Capitol Street
Concord, NH 03301
(603)271-2121
(603)271-7680 (fax)

Clearing Sinuses and Budget Crunches

Most law schools go through it from time to time – budget cuts, call backs, etc. The truly unfortunate part is that they are likely to hit untenured people hardest. As usual, the people least able to afford it pay the toll for the privileged professors they work along side.

There is an upside. If a faculty is bloated with special interest and boutique courses, a freeze can mean trimming some of the fat and requiring the privileged ones teach what they promised to teach, indeed what they craved to teach, when they were hired. You must recall all those interviews of people now jockeying for the smallest possible class and fewest students -- "I just realized one day that my first love is teaching," "Of course, I'd love to teach torts." These are the same people giving 100% multiple choice machine graded final exams.

And there are the "programs." We all know law school administrators do not like to say “no” to faculty regardless of how wacko the proposal. After all, faculty approval, not doing what is best for stakeholders, is a principal decanal focus for many administrators. Why cut a $50K program that serves nothing but faculty ends when a) faculty will whine and b) it's someone else's money you are spending.(Put up your hand if you took at least one summer vacation trip largely on the dime of your law school under the guise of a "program" or "conference." Whoa. Keep’m up -- it will take some time to count all those.) Funny how spending the money of others always leads to a skewed cost/benefit analysis.

Yes, a budget squeeze is just the ticket to test the pulse of an administration. Is it willing to require hiring committees to focus only on high need areas? Is it willing to tell faculty that they are needed to teach bread and butter courses. Is it willing to cut programs based on benefit to stakeholders or will the ones favored by members of the administration or its closest friend be the ones that go?

Paul Caron Eligible for AARP


Moneylaw co-contributor and blog entrepreneur Paul Caron turned fifty today. More on this, and an explanation of the graphic, at Legal Profession Blog.

ABA v. USN&WR on "Employment at 9 Months" Data

I earlier discussed U.S. News and World Report's plan to change the way it measures "Employment at 9 Months" for its law school rankings, a change that will make it harder for schools to game their Emp9 numbers. An anonymous commentator on that post asked, "Anyone want to recompute the 2008 rankings using this 'more accurate' methodology based on the figures conveniently made available by the ABA in excel format?" I had to admit that the project would generate interesting results. And since I've created just such a model of the 2008 rankings, I figured I was the guy for the (tedious and nonpaying) job. That labor of love generated interesting results sooner than I'd expected, however.

USN&WR's published rankings include each law school's Emp9 score. The magazine calculates those scores using data from questionnaires it sends to the law schools it ranks—questionnaires that ask each school to repeat what it earlier said in reply to the American Bar Association's annual questionnaire. Happily for ranking geeks, the ABA recently began publishing that data in a downloadable Excel file. But when I plugged that ABA data into USN&WR's Emp9 formula, I discovered that it did not always generate the Emp9 scores that USN&WR used in its 2008 rankings. Herewith the problematic cases:

Table Contrasting USN&WR Emp9 Scores with Emp9 Scores Calculated Using ABA Data

I see four explanations for these divergences: 1) Errors in the ABA data; 2) Errors in the USN&WR data; 3) Errors in my calculations; or 4) Differences between what a law school told the ABA and USN&WR. The first two explanations seem most likely to me, but I of course cannot rule out the third. As for the last, it bears noting that a school's Emp9 data comes from the prior February—seven or eight months before a school fills out its ABA and USN&WR questionnaires. It's thus hard to imagine how a school could dig up new data, after so long a remove, in the relatively short span between when it fills out the former questionnaire and the latter.

With luck, I'll have firmer answers, soon. I've emailed administrators at the four law schools that stake out the extremes on the above list, asking if they could please help me understand this phenomenon. That out of the way, I plan soon to return to my original goal: recalculating the 2008 USN&WR rankings using the Emp9 formula that will officially take effect next year.

[Crossposted to Agoraphilia.]

Earlier posts about the 2008 USN&WR law school rankings:

Earlier posts about Emp9 measure:

Pokerface - I Will Not Be Your Slave



("Pokerface -- I Will Not Be Your Slave")

Hat tip Show Us The Inherent Law.

Bricks-and-Mortar Academia v. Virtual Blogosphere: A Two-Tiered Approach to Academic Networking

Great post by Christine Hurt at The Glom on Academic Conferences and Gender:

I have often defended blogging as the great academic equalizer by noting that women law professors (or I should say parenting law professors) may find it easier to balance blogging with home life than traveling for conferences. I have responded to critics of time-intensive blogging that networking through blogging may be a
substitute for networking through conferences, which can be costly in terms of time and money.

Perhaps because of the demographics of my field (corporate law), I often go to conferences where women law professors are in the minority. Last year in fact I was the sole female panelist at a day-long conference with 10 or so speakers. I've really gotten to where I don't notice much any more. I was talking about this with some other female corporate law professors, who have decided that when asked to speak at a conference, they also make suggestions of other possible female speakers to be invited (to counteract any network effects similar to the ones that Eugene discussed). However, I know at my almost all-male conference, many speakers suggested two other female professors who wrote in the field, and they declined. So, my question to readers is whether women law professors feel that they must pick and choose their conferences more so than their counterparts due to child care responsibilities or other work/life issues.

Obviously, pregnancy takes a female law professor out of conference rotation for at least a month or so before the birth and several afterwards, depending on nursing decisions, etc....However, blogging is much easier, and more invisible than attending conferences. Why I could be eight months pregnant right now, and you would never know.

Really interesting post. I agree with Christine that blogging is an important but underrated networking tool. The year between the J.D. and the LL.M I spent helping take care of my aged parents and being the Glorified Unpaid Nanny for my nine nephews and nieces definitely drove home the physical (and in my case, intellectual as I wasn't in an academic environment) isolation that comes with family care.

Blogging has certainly brought me in contact with scholars in my field and more widely. I've become aware of real-life networking conferences through blogs (Legal Theory Blog is the best clearinghouse for this). This doesn't mitigate the costliness of conference travel--something that is all the worse when you're a student classified as a professional student and your school doesn't help pay for conferences at all. Even if I were classified in the graduate division, I wouldn't get much funding. So blogging is a good networking tool for family care providers and grad students alike.

Regarding the gender gap, I often think about how blogging has helped circulate my name and work in ways that are very difficult through bricks-and-mortar ways such as conferences. My main field, employment discrimination law--where there is a better balancing of genders--isn't my reason for the gender gap. The gap I see is endemic to the academic environment. It takes a lot of legwork to get your name out! I remember my Las Posadas like approach to introducing myself to various faculty at my school. Setting up appointments, actually going up to the doors and knocking, and a lot of handshaking. And even then, I wouldn't say that brought particularly deep and sustained interaction (now that I'm basically in the writing phase, it's far better that I write and circulate than keep taking classes or go to office hours). Meeting someone does not a draft-reader make. My school suggets being a research assistant. Great! But that takes too much time away from writing, and that would bring me into deeper contact with just one faculty member. Because my recommendation letters should speak to my strengths as an academic, I think I'd rather build that relationship with my dissertation advisor--whom I should be showing my own work, rather than doing theirs. I'm not discounting RA-ships. I'm just saying that I think it's better to go for depth rather than breadth in terms of the people you get to go to bat for you from your actual home institution. In social network theory terms, this is called "the strength of ties"--you want deep mentoring relationships, and you should have one with the person supervising your written work.

For breadth, blogs are awesome. Blogs will circulate your name and work far more widely across the nation. Never underestimate the strength of weak ties for alerting you to conference opportunities or job openings, or just advice. Most of my readers aren't even from my geographic location, but they are in my field. I would have to say that blogging has been more effective than just posting abstracts and drafts on SSRN in terms of getting feedback and "meeting" people. There's something about the inherently conversational space of the blog and comments section. I think regular blog readers invest more time and solicitude in the blogs they frequent. I honestly believe that to some of my readers, I am their mentee, and thus I have had several professors offer me (or rather, Belle) advice and support via private email. That then led to much fuller and deeper mentoring relationships. When I post a question, the commenters come in with useful advice--the quick, low-investment way to help. When I have more private concerns or don't wish to appear that I am conducting my life by poll (what classes should I take? is a question I love to ask), my email mentors come in. Email is a very low-cost, on-your-own-time way to be a mentor or mentee.

I'm telling you, don't discount this digital age. But chug away at the bricks-and-mortar way of networking too. Just have a two-tiered approach to how much interaction, responsiveness, and strength of tie you can pursuse in each medium.

California LLC Quotes in Today's Los Angeles Times:

LLCs provide key financial benefits:
The owners receive tax and liability advantages. Such registrations have risen, but the format is not for everyone.

Cyndia Zwahlen: Small Business Report
July 25, 2007

To be an LLC or not to be an LLC? That is the question for a growing number of small businesses.

Whether to adopt the relatively new limited liability company format or to set up under the more traditional form of a corporation, partnership or sole proprietorship is a key decision for a small-business owner.

"An LLC is an important option for small businesses," said Jonas M. Grant, a business attorney based in Burbank. Interest in the format is high, he said.

The benefits of an LLC seem almost too good to be true.

The owners, or members, have the personal liability protection that shareholders of a corporation do, with far less paperwork and fewer regulations.

That means — barring illegal, unethical or irresponsible activity — their personal assets are not on the line when it comes to covering the company's business debts or legal claims against it.

At the same time, the owners avoid the double taxation on profit to which shareholders in a regular corporation face.

Limited liability companies pass profits to the members, who pay taxes at their individual income rates, as in a legal partnership. In California, where this type of company has been legal since 1994, there are 409,619 limited liability companies, according to the secretary of state's office.

The number of companies registered under this format has jumped each year since 2000, when the state finally allowed limited liability companies to be set up by single-person businesses. More than 73,000 LLCs registered with the state last year, compared with about 31,000 in 2000, the secretary of state's office said.

That growth doesn't surprise LLC expert Anthony "Tony" Mancuso, a Berkeley attorney who wrote the new edition of "Nolo's Quick LLC: All You Need to Know About Limited Liability Companies" (Nolo, 2007). "It was obvious to me that LLCs would become the next big thing in business entities because of the combination of benefits," said Mancuso, who has written several books on limited liability companies and other corporate structures for Nolo, a self-help legal publishing house based in Berkeley.

The newest version of his "Quick LLC" book lays out the basic features of limited liability companies, explains important exceptions to owners' limited liability and compares the LLC with other business formats.

He also discusses converting an existing business to an LLC, as well as tax and management issues. And he devotes a chapter to the paperwork involved in setting up a limited liability company. There is also a sample operating agreement and a checklist to help you determine whether forming an LLC makes sense for your business.

Considerations include whether your type of business is one in which business debts and claims could threaten your personal assets. Another consideration is whether you have assets, such as equity in a house, that could be at risk without the protection of an LLC.

"Anyone a little bit nervous about the adequacy of their insurance coverage" could be a good candidate, Mancuso said.

Existing sole proprietorships or general partnerships and anyone thinking of forming an S corporation, an entity that generally pays no taxes, he writes, could benefit.

Those who aren't good candidates include existing regular corporations, also known as C corporations. And in California, some professionals such as lawyers and architects may not form an LLC.

If you want to raise money from venture capitalists or by selling stock, an LLC probably is not the business form you need.

Mancuso makes it clear that despite the potential benefits of an LLC, they have to be weighed against the cost, especially in California. Although it costs just $70 and takes a one-page form to set up a limited liability company in California, ongoing annual fees and taxes could cost more than 10 times that amount. There is a minimum annual tax of $800, payable to the state Franchise Tax Board.

And once gross receipts hit $250,000, additional annual fees kick in, which range from $900 to $11,790.

There have been several challenges to the constitutionality of the state's LLC fees, but the issue is still working its way through the courts.

Although Wyoming, in 1977, was the first state to authorize limited liability companies, it wasn't until 1997 when helpful new Internal Revenue Service rules kicked in that the format began to gather steam among business owners

Limited personal liability protection does not apply if you personally guarantee a business debt or bank loan for the company. Then your personal assets are on the line. That will probably happen more often when a company is young and has not yet established its credit history.

And as is the case with all other business entities, an owner can be held personally responsible for financial losses caused by their negligent or careless actions, Mancuso said.

Mancuso recommends three steps to safeguard the protection against personal liability offered by an LLC.

Act fairly and legally, including disclosing important facts or financial information to members or outsiders such as vendors.

Put enough money into the LLC to properly fund it. Otherwise, a court may not consider it a legitimate business and yank the personal liability protection.

Separate personal expenses from LLC expenses. Aside from making good business sense, that is another way to show that the company is legitimate, especially if you will be a single-member LLC.

The limited liability format isn't available or appropriate for some business entities. In addition to a number of professions, banks, insurance companies and other financial service firms are not usually candidates for a limited liability company.

Even if you qualify for an LLC, you may not need the protection. In his book, Mancuso gives an example of a freelance proofreader working from home as a business that may not need the extra protection from lawsuit claims and business debt.

And if you decide to end your California limited liability company, it must be formally dissolved. For more details, go to the California secretary of state website at http://www.sos.ca.gov/business/llc/llc_faq.htm or call its business programs division at (916) 657-5448.

Important tax information for California limited liability companies can be found in the Franchise Tax Board's Form 3556, available online at http://www.ftb.ca.gov . Just type "Form 3556" in the search box.

Armed with the facts, you can decide whether LLCs have real benefits or not.

"Sometimes I get a new client who tends to believe an LLC is manna from heaven," Grant said. Of course that's not always the case, although, he said, "it certainly has its place and should always be considered."

(C) 2007 Los Angeles Times

Flashback: Danny Riley demonstrates in a clear and concise fashion that there is no liability clause in the IRC.

Flashback: Danny Riley demonstrates in a clear and concise fashion that there is no liability clause in the IRC.

Casey Lee Cobb | Show The Law | July 24th 2007

In order to be a subject to a lawful tax one must be liable for said tax. The “Income Tax” is the only tax that is missing the parameters that establish who is liable.

This is one of the many reasons that people commonly refer to the so called income tax “law”, as the law that never was. The reason that the code could not be written in such a way as to establish liability on the average American is because the imposition of such a tax on an American would be 100% un-constitutional.

The reason the internal revenue code is vague wordy and complex is largely for one main purpose, which is to deceive Americans into thinking that their contributions to the IRS are actually mandatory, and not voluntary as the Internal Revenue Service clearly admits in its own literature for legal purposes.

So the moral of this story is this; if you’re a giant corporation committing fraud on a massive scale, always leave yourself an out, so you can blame the fraud on someone else’s ignorance and not your own mischievous weaved web of word witchery.

I remember the exact day that I first learned of this particular deception, I immediately called up 5 tax attorneys asking them for the law that would make me liable for the income tax. Each and every single one of them weaseled their way out of the question.

One even went so far as to say, I like the way our system works, then he went on to talk about how great capitalism is, and that he is content despite the fact that he knows of no law that establishes liability. Thank goodness we have attorneys out there like Tom Cryer who fought the IRS’s unconstitutional tax and won! Slowly but surely people are beginning to wake up, educate yourself watch “America: From Freedom to Fascism.

A Voice From the Past



Thanks to our Field Reporter Danny Riley for this educational video short!

SARATOGA BATTLEFIELD NEW YORK

Online Incorporation Services Review Article

I recently published an article that reviews the pros and cons of online incorporation services and other non-attorney corporation and llc formation options:

http://ezinearticles.com/?Online-Incorporation-and-LLC-Formation-Services-Advantages-and-Disadvantages,-Pros-and-Cons&id=628630

I don't expect this to be too popular with either the online incorporation services, or with the general public, because the article doesn't say what people want to hear ('quick', 'easy', 'do it yourself', 'save money', 'no lawyers', etc.), but I see the results of not using an attorney to protect one's self and do things properly the first time on an almost daily basis.

Just today, for example, a potential client called me to discuss representation and after a short initial consultation, agreed that a legal mess she was currently in that was likely to cost her $100,000 in losses could have been greatly reduced or, more likely, avoided entirely, with $2,000 - 5,000 worth of legal planning.

Many of my comments and opinions on online incorporation services also apply to storefront legal assistance clinics, paralegal and document preparation services, and accountants. Clients who have used these services to incorporate a corporation or form an LLC before they began working with me often show me corporate books with missing or inappropriate documentation, odd organization, wrong entity used, and the like. An accountant using a form is not giving you state of the art, custom documents; an accountant attempting to modify or draft legal documents is engaged in the unauthorized practice of law (UAL), a misdemeanor in California.

See also:

Is Legal Zoom a Good Idea? Do the Documents Work? by fellow WealthCounsel estate planning attorney Alexis Martin Neely;

LegalZoom.com reviews; and

Online incorporation service review.

[This post updated August 2008.]

Homeland Security Wastes Thousands Of Dollars To Crash Private Party

Finishing first in academic horseraces


By way of the Chronicle's On Hiring Blog, MoneyLaw has learned of Dean Dad's observations on academic hiring. "Dean Dad" works in a community college, but his wisdom applies at all levels of academia. In reply to a correspondent who wondered whether academic employers might be legally required to "hire the job candidate who is most qualified," Dean Dad identified a host of additional factors affecting academic hiring:
  1. Tour de France"[I]t's not at all unusual to have to turn down people who exceed the qualifications for a given position. . . . For one fairly recent hire, we had 120 applications, several of which were far beyond anything we had dreamed of anticipating. As good as they were, we had to turn down all but one. . . . [But] we only had the one position."

  2. When "top candidates [bring] credentials far beyond what the incumbent faculty had when they were first hired," it's impossible to "buy the 'academia is a meritocracy' line": "In a meritocracy, incumbents would have to defend their positions against newcomers. With tenured faculty, that doesn't happen."

  3. Tongue-tied"[S]ome people who seem great on paper just don't get it done 'live,' whether in person or on the telephone. I've seen exceptionally well-credentialed candidates stumble on the simplest questions, simply because their priorities were wildly different from ours. I've seen candidates adopt the attitude that they're doing us a favor by deigning to consider working here: that's always the kiss of death. And there are always those mystifying failures of basic communication skills -- monosyllabic answers to everything, answering questions other than the ones that were asked, or basic incomprehensibility."

  4. "There may be salary constraints such that the topmost candidate is essentially priced out of the job. (That can easily happen in a collective bargaining environment, in which starting salaries are determined by a pretty mechanistic grid. If you score too high on the grid, the college might decide it can't afford you, and if it did a lowball offer, it would lose the grievance.)"

  5. "[A] college might be spooked by 'flight risk.' If a college has lost several rising stars recently to raids, it may decide to lower its sights for a while in hopes of retaining people without raising its pay scale."

  6. "[A]ffirmative action . . . can be a wild card."

  7. "And then there are all the usual human failings.

    1. Some colleges have cultures of 'waiting your turn,' in which longterm adjuncts are kept loyal through implied promises of being 'next.' Some committees won't take seriously anybody who isn't already there.

    2. Some chairs reward personal loyalty over performance, or don't perceive the difference between the two.

    3. Sometimes committees split, and the minimally-acceptable-to-all 'dark horse' candidate wins, despite being nobody's first choice.

    4. Sometimes a formally open job is given to a trailing spouse in order to maintain local comity, or to reduce flight risk."

  8. "And sometimes people just get it wrong. It happens."
Dean Dad's closing observation offers hope to the entire academic market:
The market is brutal enough that any given rejection shouldn't be taken as a reflection on the candidate.
We should all hope that this is true.

Trailer: Show Ed The Law

Danny Riley explains how the Feds attempted to murder him!

Poker Face rocks ‘Summer Of Freedom’!

Mysterious vanishing car counter baffles press and outrages police chief.