Google Law School Rankings

Top 10 -- "Law School" searchGoogle_2

  1. Harvard
  2. Stanford
  3. Yale
  4. Michigan
  5. Columbia
  6. Chicago
  7. Cornell
  8. Brooklyn
  9. Vanderbilt
  10. NYU

Top 10 -- "College of Law" search:

  1. Georgia State
  2. Florida State
  3. Michigan State
  4. Arizona State
  5. Stetson
  6. Illinois
  7. Syracuse
  8. Iowa
  9. Cincinnati
  10. Denver

Top 10 -- "School of Law" search:

  1. NYU
  2. Texas
  3. Harvard
  4. Columbia
  5. Indiana-Bloomington
  6. Boston University
  7. Washington University
  8. University of Washington
  9. UCLA
  10. Emory
For details of Google's search algorithm, see here. For more, see TaxProf Blog.

Automatic No Votes

The highly coveted campus visit awards have been handing out to particularly "deserving" people over the last two months. Now is it time to hand out the remaining awards as Hiring Committees scramble to get in campus visits before the holiday break. In the interest of efficiency, here are some automatic no votes for me.

1. Any candidate whose resume lists as their most relevant qualification (as indicated by being the first thing I see after his or her name) a degree from Harvard, Yale, Stanford, etc. I still have yet to see anything that makes me think those folks are better suited than non elite school graduates to be law professors. The overt pandering of listing the School first is all I need to know. If the candidate thinks the most important information is the name of his or her law school I assume he or she will follow suit when deciding on future hires. No thanks.

2. Any fudging on a resume or the AALS form. For example, the form asks candidates to list "major publications." I'd say that means listing the best of whatever the candidate has published. To me that excludes "in progress" which can mean nothing. More importantly, the the candidate who lists "in progress" as a "major publication" is highly likely to be excessively self-promotional. I can see a future resume -- every talk, one page introduction, and 5 page coauthored symposium piece listed under scholarship.

3. Not a smidgen of diversity. I am not looking for much here but most schools need another elitist education white male or female from a upper middle class family like they need a terrarium. In fact, they may need one of those less than a terrarium.

4. Political pandering in scholarship. Is the candidate a scholar? Does the scholarship reflect an openness to opposing positions. Does it at least raise them and address them? Is this the work of an intellectual curious person? Or, in a first outing as a scholar is there a lack of humility. I don't think I have met anyone who was not driven by intellectual curiosity at the outset then become intellectually curious later.

Where Are the "Blawg" Reactions?

Adam Liptak reports on the Better Legal Profession Project that's being run by some students at Stanford Law. The idea is that the students are turning the tables on the law firms, and grading them for diversity.

The students are handing out “diversity report cards” to the big law firms, ranking them by how many female, minority and gay lawyers they have.

“Many of the firms have atrocious, appalling records on diversity,” said Michele Landis Dauber, a law professor at Stanford and the adviser for the project, called Building a Better Legal Profession. The rankings are athttp://www.betterlegalprofession.org/.

In Washington, no firm got an A. But seven scored in the D range, including Gibson, Dunn & Crutcher; Kelley Drye Collier Shannon; Baker Botts; and Mayer Brown.

The numbers were provided to a central clearinghouse by the firms themselves. “Our process is simple,” the student group said in explaining its methodology. “Cut, paste and rank.”

Firms in the top fifth received A’s, in the second fifth B’s, and so on. Overall grades were arrived at by averaging grades for partners and associates in five categories: women, blacks, Hispanics, Asians and gay people.

The students have ambitious plans, including asking elite schools to restrict recruiting by firms at the bottom of their rankings. They also plan to send the rankings to the general counsels of the Fortune 500 companies with the suggestion that they be used in selecting lawyers.

“Firms that want the best students will be forced to respond to the market pressures that we’re creating,” said Andrew Bruck, a law student at Stanford and a leader of the project.

Vikram Amar, a professor at Hastings College of the Law in San Francisco, added that law firms might well be violating employment discrimination laws in the process of trying to improve their rankings.

“As bad as their numbers are,” Professor Amar said of the firms, “the relevant applicant pool of law students with top grades is more white and Asian still.”

Whatever their consequences, the numbers the students have collected offer a fascinating snapshot of the profession.


Maybe I'm missing something in my quick reading of my RSS feeds (I do have work to do, even if I'm only a 27 year old graduate student), but a quick scan of some major and you'd-think-they'd-be-interested blogs shows no reaction from Concurring Opionions, PrawfsBlawg, or Workplace Prof Blog, and a link--but no commentary--from Feminist Law Profs.

What's up with that?!

Maybe I'm just been missing some of the reaction from a while ago--this project is by no means new, but Technorati is not revealing many blawg reactions other than the WSJ's. It'd be timely to bring up the discussion again, especially with this Liptak article, and especially because most campuses' OCIPs are only recently over.

I'd also be interested to know my MoneyLaw's perspective on this. Or how about Workplace Prof Blog's? There are potential employment discrimination issues, indeed.

I'll write a follow-up post of my own on outcome-oriented vs. process-oriented affirmative action programs, and which diversity programs are the "best practices" for organizations that have it as a goal, and whether any of this would violate Title VII. But first I'd like to call upon my fellow bloggers to write thoughts of their own. It seems rather silly to just note "oh how interesting, this turning of tables" and not really discuss the merits of the project or the implications for discrimination law, the reforming of the legal profession, and the inversion of power and hierarchy. I hate to say this, but Duncan Kennedy (or students thereof), where are you?

UPDATE:

Frank Pasquale informs me that he posted on this on October 10. Time for an update!

Paul Secunda responds here with typically good insights (and quip)

Rick Bales preempts me here, and I am abashed.

Eric Fink has a pithy comment here at DebrisBlog.

Law 2.0

Cross-posted from The Cardinal Lawyer
Arkansas LawI will spend November 1 and 2 at the University of Arkansas School of Law. At the invitation of Dean Cyndi Nance, I will make a variety of presentations on subjects ranging from agricultural law to the current state of legal scholarship. I will discuss Beyond Food and Evil with students in food law and policy and Around the World in 80 Centiliters with students in agricultural finance and credit. If I can convince anyone to give me comments on a working paper of mine, Modeling Law Review Impact Factors as an Exponential Distribution, so much the better.

I am extremely pleased to be paying an official visit to Arkansas, where I taught classes in the LL.M. program in agricultural law during the mid-1990s. I am very happy that Fayetteville, an academic home away from home, will be the site of a new presentation I call Law 2.0.

Web 2.0Law 2.0 refers transparently to Web 2.0, a term expressing the far-from-universal sentiment that a second generation of Internet-based communities and services, all designed to facilitate collaboration and sharing between users, has transformed the social meaning and impact of the World Wide Web. I freely admit that my allusion to Web 2.0 is very loose. I am less interested in specific components of Web 2.0 such as social-networking sites, wikis, and folksonomies — I originally posted this item, after all, on the rare blog that does not allow comments and offers little beyond a raw RSS feed  and a subscription page to facilitate downstream collaboration, sharing, and modification of its content — than in the broad concept of law, legal education, and legally mediated social change in a world of democratized technology.

Legal education today is operating in a technological environment that is cheaper, more widely distributed, and far more efficient than that which all but the youngest law professors experienced when they were in law school. I am mindful that the legal academy is arguably the most hidebound wing of a temperamentally conservative profession. Law school faculties, for instance, spend extraordinary amounts of time debating (and, in some instances, implementing) policies that effectively disable wireless networks whose very raison d'ĂȘtre is to enable broadband access across an entire university campus. That said, the students we teach today, to say nothing of their successors and their future clients, are all wired — and wireless — in ways most of their instructors are not. How precisely can we expect to shelter the flickering candlelight of Law 1.0 in a world lit by lightning?

I shall reserve a more complete answer to this question for my presentation at Arkansas. In the meanwhile, and for the benefit of those members of the Arkansas Law community who will have gotten the chance to review this post before my presentation, I invite you all to watch Web 2.0: The Machine Is Us/ing Us. This video has attained its own measure of Web 2.0 fame, insofar as nearly 4 million people have watched versions of it on YouTube. The Machine Is Us/ing Us is the magnum opus (to date) of Michael Wesch, a professor of cultural anthropology at Kansas State University. I know of no better five-minute explanation of Web 2.0. This entertaining look at Web 2.0 shows how XML (extensible markup language) is to HTML (hypertext markup language) as RNA is to DNA. Code is code, after all, and we are at once the products and the prime movers of evolution.





A modest objectionHerewith a somewhat contrarian view of the entire Web 2.0 concept:

Hillary Clinton, Democrat for President, on the Estate Tax

In the first in a series, California Business Law Blog examines the Republican and Democrat presidential candidates' stance on the estate tax, sometimes also know as the death tax or ibheritance tax. First up, Senator Hillary Clinton (Democrat - New York):

Her current presidential platform proposal, which is to some extent inconsistent with her prior voting record, as can be seen below, is to freeze the federal estate tax at 2009 levels, that is, a $3.5 million exemption (she describes this as a $7 million exemption, presumably meaning, for a married couple, the combined total of $7 million in exemptions, which requires proper estate planning to take advantage of). As a result of the "Bush tax cut", the estate tax has been trending downward each year and is currently slated to be completely elminated in 2010 (unlimited exemption amount, 0% tax rate, leading to numerous estate planning jokes centering around solving estate tax problems by planning to die in 2010). However, due to a legislative compromise and other technicalities, it is also scheduled to jump back to tge old, higher tax levels commencing 2011 (only $1 million exemption, 55% tax rate on the balance). It is unlikely give the current political climate that the currently-scheduled death tax rates for 2011 will be allowed to stand unchanged.

For reference purposes, as this is written, in 2007, the exemption amount is $2 million, and the estate tax rate is 45%.

Recently, on the campaign trail in Derry, New Hampshire, Clinton --

answered questions from voters at a town hall at the opera house here, which was her second stop on a two-day swing through the state.

The first question from the audience after Clinton's speech came from a woman who challenged her plan to pay for universal retirement accounts by freezing the estate tax at 2009 levels. The woman said the money from inheritance had already been taxed when it was earned and she felt taxing it again was the wrong way to fund Clinton's plan.

"People disagree about this, but the estate tax, which came into being by Republicans like Teddy Roosevelt and others, and has been part of our tax system for a very long time is there for a real simple reason: In America, we've never liked the idea of massive inherited wealth," Clinton replied. "Part of the reason why America has always remained a meritocracy where you have to work for what you get, where you have to get out there, make your case to people, come up with a good idea, is that we never had a class of people sitting on generation after generation after generation of huge inherited wealth."

Clinton said people like Bill Gates and Warren Buffet were against doing away with the estate tax, because they made it on their own. She went on to explain, to applause, that a married couple could have an estate worth up to $7 million before getting taxed, and said she considered that a "pretty healthy estate to leave to your children."
Source: MSNBC.com: Clinton Questioned on Estate Tax, October 10, 2007

Critics of Clinton's, Gates', and Buffet's argument - not present to state their arguments in New Hampshire - point out that these men are so wealthy that they do not represent the typical high net worth family that is often attempting to pass a family business or farm along to the next generation, and are millionaries, not billionaires. Gates and Buffet deal in publicly traded companies, and cannot pass along Microsoft or Berkshire Hathaway, each worth billions beyond the personal wealth of either businessman and each owned by thousands of investors, to their children.



As a Senator, she has had the opportunity to vote on the issue serveral times:
Voted NO on raising estate tax exemption to $5 million.

An amendment to raise the death tax exemption to $5 million; reducing the maximum death tax rate to 35%; and to promote economic growth by extending the lower tax rates on dividends and capital gains.

(Proponents recommend voting YES because:

It is disappointing to many family businesses and farm owners to set the death tax rate at what I believe is a confiscatory 45% and set the exemption at only $3.5 million, which most of us believe is too low. This leaves more than 22,000 families subject to the estate tax each year.

Opponents recommend voting NO because:

You can extend all the tax breaks that have been described in this amendment if you pay for them. The problem with the amendment is that over $70 billion is not paid for. It goes on the deficit, which will drive the budget right out of balance. We will be going right back into the deficit ditch. Let us resist this amendment. People could support it if it was paid for, but it is not. However well intended the amendment is, it spends $72.5 billion with no offset. This amendment blows the budget. This amendment takes us from a balance in 2012 right back into deficit. My colleagues can extend those tax cuts if they pay for them, if they offset them. This amendment does not pay for them; it does not offset them; it takes us back into deficit. It ought to be defeated.

Reference: Kyl Amendment; Bill S.Amdt.507 on S.Con.Res.21 ; vote number 2007-083 on Mar 21, 2007);

Voted NO on supporting permanence of estate tax cuts.

Increases the estate tax exclusion to $5,000,000, effective 2015, and repeals the sunset provision for the estate and generation-skipping taxes. Lowers the estate tax rate to equal the current long-term capital gains tax rate (i.e., 15% through 2010) for taxable estates up to $25 million. Repeals after 2009 the estate tax deduction paid to states.

(Proponents recommend voting YES because:

The permanent solution to the death tax challenge that we have today is a compromise. It is a compromise that prevents the death rate from escalating to 55% and the exclusion dropping to $1 million in 2011. It also includes a minimum wage increase, 40% over the next 3 years. Voting YES is a vote for that permanent death tax relief. Voting YES is for that extension of tax relief. Voting YES is for that 40% minimum wage increase. This gives us the opportunity to address an issue that will affect the typical American family, farmers, & small business owners.

Opponents recommend voting NO because:

Family businesses and family farms should not be broken up to pay taxes. With the booming economy of the 1990s, many more Americans joined the ranks of those who could face estate taxes. Raising the exemption level and lowering the rate in past legislation made sense. Under current law, in my State of Delaware, fewer than 50 families will face any estate tax in 2009. I oppose this legislation's complete repeal of the estate tax because it will cost us $750 billion. Given the world we live in today, with clear domestic needs unmet, full repeal is a luxury that we cannot afford.

To add insult to this injury, the first pay raise for minimum wage workers in 10 years is now hostage to this estate tax cut. We are told that to get those folks on minimum wage a raise, we have to go into debt, so that the sons and daughters of the 7,000 most fortunate families among us will be spared the estate tax. We must say no to this transparent gimmick.

Reference: Estate Tax and Extension of Tax Relief Act; Bill H.R. 5970 ; vote number 2006-229 on Aug 3, 2006);

Voted NO on permanently repealing the "death tax".

A cloture motion ends debate and forces a vote on the issue. In this case, voting YES implies support for permanently repealing the death tax. Voting against cloture would allow further amendments. A cloture motion requires a 3/5th majority to pass. This cloture motion failed, and there was therefore no vote on repealing the death tax.

(Proponents of the motion say:
We already pay enough taxes over our lifetimes We are taxed from that first cup of coffee in the morning to the time we flip off the lights at bedtime. If you are an enterprising entrepreneur who has worked hard to grow a family business or to keep and maintain that family farm, your spouse and children can expect to hear the knock of the tax man right after the Grim Reaper.
In the past, when Congress enacted a death tax, it was at an extraordinary time of war, and the purpose was to raise temporary funds. But after the war was over the death tax was repealed. But that changed in the last century. The death tax was imposed and has never been lifted.
The death tax tells people it is better to consume today than to invest for the future. That doesn't make sense.

Opponents of the motion say:

Small businesses and farms rarely--if ever--are forced to sell off assets or close up shop to pay the tax. Under the current exemption, roughly 99% of estates owe nothing in estate taxes. By 2011, with a $3.5 million exemption, only two of every 100,000 people who die that year would be subject to the estate tax.
Today's vote is on a motion to proceed to a bill to repeal the estate tax. Not to proceed to a compromise or any other deal--but to full repeal. I oppose full repeal of the estate tax. Our Nation can no longer afford this tax break for the very well off. Permanently repealing the estate tax would add about $1 trillion to our national debt from 2011 to 2021.

Reference: Death Tax Repeal Permanency Act; Bill HR 8 ; vote number 2006-164 on Jun 8, 2006).
Source: On the Issues: Hillary Clinton on Tax Reform

The conservative Club for Growth, which favor repeal of the estate tax, rated Clinton's voting record 8 out of 100 for 2006 for pro-growth economic policies.

See also:

John McCain, Republican for President, on the Estate Tax
Barack Obama, Democrat for President, on the Estate Tax
Hillary Clinton Offical Site: Economic Blueprint

June 2008 update: Hillary Clinton ended her 2008 bid for the White House on June 7, 2008, leaving Barack Obama as the presumptive Democrat nominee.

Announcing the University of Louisville Law Faculty Blog

Louisville Law

I am pleased to unveil the University of Louisville Law Faculty Blog. For details, visit my story at The Cardinal Lawyer.

The theme song for recruiting and U.S. News season

Between the AALS faculty recruiting conference and the U.S. News popularity poll,* it's jilting time in the legal academy. How dare you like her / him / them better than you like me?

Without a doubt, this is our theme song:


The Bad Girls video based on the same song isn't half bad, either. It's embedded inside the box with Natalie Merchant's original lyrics:

Natalie Merchant, Jealousy, on Tigerlily (1995)
Oh, jealousy

Is she fine
So well bred
The perfect girl
A social deb?

Is she the sort
You've always thought
Could make you
What you're not?

Oh, jealousy

Is she bright
So well read
Are there novels
By her bed?

TigerlilyIs she the sort
That you've always said
Could satisfy
Your head?

Oh, my jealousy

Does she talk
The way I do
Is her voice reminding you
Of the promises
The little white lies too
Sometimes, tell me
While she's touching you
Just by mistake
Accidentally do you say my name?

* Whether "the AALS faculty recruiting conference" and "the U.S. News popularity poll" are in fact superficially different manifestations of the same phenomenon is left as an exercise for the reader.

Quote of the Day: Don't Complain (Too Much) If You Are Complicit

James Grimmelman has a gem on this post by Michael Steven Green on Citation Counts and Legal Philosophy:

The acceptance ratios at any given law review are so law that the process has a significant dart-throwing quality about it already. On the long view, student-editor irrationality is only a serious problem if it keeps things from being published that ought to be published. It's our job as faculty to read scholarship seriously no matter where it comes out. Once the question becomes merely one of publication location, we can only complain about poor student editorial judgment to the extent that we're using it as a proxy for our own.

I always tear out my hair when I have to explain/limitedly defend/bemoan student-run law reviews and journals to friends in other disciplines. Scientists, social scientists, humanities scholars--every other discipline has more rigorous publishing standards.

"You mean you don't have peer review?" "How many law journals are there again?! More than there are law schools?!" "How do you know what is good?!"

It is true that there are too many journals out there, too many specialty topic journals (guilty as charged for being chief articles editor of one at Bourgie Metro Law School), too few standards, no systematic, rigorous process for article selection (I recognize that name is as close to a dominant heuristic as you can get), and not enough faculty advisor engagement/help. It's often the case that second year students (Hell, 1.5Ls) with no training in social science methodology, philosophy, critical theory, economics, history, technology--name your cognate discipline, highly specalized topic, or must-be-trained methodology--will be called upon to edit a piece that is out of their league. Basically, these students are editing for readability and grammar, and doing what they can actually do--enforce The Bluebook. But as to the ability of a student editor to remark on the substantive argument, particularly if it requires special knowledge--this is very spotty.

Of course, there are benefits of student-edited law reviews. There was a great deal of discussion on this on other law blogs (I will find links later). It does make for shorter windows of publication, which means that the gestation period is shorter, and so the articles can be churned out while they're still useful and timely--say, after a major case is relased or following publication of important data. Also, more venues to publish means that the insularity and heavy-hitter problems that occur at the top reviews will be mitigated by having more forums for more topics. Speciality journals have their place too, as clearinghouses for a particular subject--I of course am a fan of employment law journals.

But yes, there are many problems with student-edited law journals. The best journals from the best schools will always turn out good articles (because of the self-selection/insularity/heavy-hitter/name-recognition effect). Less certain in quality are the articles published by journals in the lower tiers of law schools. But there's a wide swath in the middle in which top work will be published but slip under the radar, or mediocre work will be published to readers' bemusement. Take the good with the bad. Read with a grain of salt, figure out who's doing interesting and important work in whatever field you're intersted in, and read them regardless of the placement of their publication. I often rely on Larry Solum's recommendations on Legal Theory Blog (his Downloads of the Week, his comments on articles that have been posted on SSRN) to get direction in areas in which I am not very knowledgeable.

There are tons of problems with the lack of peer review, cognate discipline training, expertise, and faculty advising with student-edited law reviews. I say this as a former student editor myself. But the problems aren't going to go away by just complaining about it, and professors are as much to blame as the hapless-but-ambitious 1.5L articles editors. Unless professors take a more active role in being faculty advisors to the journals they are formally associated with (it is often a figurehead/masthead position), unless they are willing to invest the time it takes to have a system of peer reviewed scholarship (talk to your friends in other departments, it is a significant time investment to be a reader or on an advisory board of a peer-reviewed journal) and unless professors do as James Grimmelman suggests and read as carefully as they want to be read--well, the problem won't just disappear magically by itself, and the problems will persist.

Don't complain (too much) about the problem if you are complicit in it.

The path of the law (professor)

Five score and ten years ago, Oliver Wendell Holmes made straight the path of the law:
Oliver Wendell Holmes, Jr.When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.
Oliver Wendell Holmes, Jr., The Path of the Law, 10 Harvard L. Rev. 457, 457 (1897).

By way of Scott H. Greenfield (whose blog is rapidly becoming a MoneyLaw must-read) and the Volokh Conspiracy, I've learned about a different sort of pathblazing at Harvard. In an October 16 lunchtime presentation to law students, Harvard professor Daryl Levinson "demystifie[d] the path to legal academia":
Daryl LevinsonSo what exactly do law schools look for in an entry-level professor? A quarter century ago, the answer was clear. Historically, law schools looked to the traditional indicia of academic achievement: high grades, membership on the law review, and prestigious clerkships. However, this has long since ceased to be true. As law schools discovered that high grades were not good predictors of whether a candidate would produce good scholarship, and as the forms of scholarship valued by the legal academy shifted, the qualifications for candidates changed. Even practical legal experience is not a good predictor of scholarly ability, and, Levinson noted, "is pretty nearly disqualifying." Levinson pointed out that today's younger professors have no significant practical experience, and that if they tried to become involved in the world, "the world would probably recoil in horror."

Instead of fancy grades, clerkships, and practical experience, the modern credential of choice for law school hiring committees is a graduate degree in an allied field such as economics, political science, and even English or psychology. Approximately twenty-five percent of entry-level professors hired last year had Ph.D.'s, and a large number had Master's degrees. While this is the biggest credential a candidate can have, don't despair if you haven't found the spare five to ten years to earn a terminal degree in molecular biophysics to help you compete for that intellectual property professorship you have your eye on. Levinson reassured the attendees that fewer than half of last year's hires had any graduate training. Law schools value Ph.D.'s because they indicate that candidates have certain qualities. If a candidate lacks the credential, he or she can still present those qualities independently.

Significant expertise in a field, coupled with interdisciplinary methodologies, is highly valued. Expertise gives an aspiring professor a research agenda, and lets the school know what area the candidate will focus on in future scholarship. While law schools look for professors who are "competent lawyers," often simply graduating from a school like Harvard satisfies this criteria, and schools tend to focus more on whether a candidate has made some substantial progress towards becoming a professor. Levinson emphasized the importance of knowing what field you intend to work in, familiarity with scholarly work in that field, the ability to critique current work, and a sense of what you are going to contribute to the field.

"More than anything else," Levinson concluded, "law schools are looking for promising writing." In order to get a job, a candidate must have written one or two publishable pieces of scholarship. During the interview process, aspiring professors will have a "job talk," where they present a work in progress to the faculty who are evaluating them. This functions as the primary basis for the school's evaluation of a candidate. In comparison to the written work a candidate has produced, all other criteria are irrelevant, since they are only meant to be predictors of the candidate's writing. Good scholarship is both necessary and sufficient: if you have it, you don't need to rely on other credentials, but if your scholarship looks unpromising, your other good credentials won't save you.
I find much to cheer and to lament in this descriptively accurate assessment of the contemporary academy's approach to faculty hiring. Here's what I like:
  1. There has been a MoneyLaw-style shift in emphasis from pedigree toward performance: "Historically, law schools looked to the traditional indicia of academic achievement: high grades, membership on the law review, and prestigious clerkships. However, this has long since ceased to be true. As law schools discovered that high grades were not good predictors of whether a candidate would produce good scholarship, and as the forms of scholarship valued by the legal academy shifted, the qualifications for candidates changed."

  2. Though I have misgivings about the weight that today's academy places on graduate degrees in "allied field[s] such as economics, political science, and even English or psychology," I suppose it is some comfort that "[l]aw schools value Ph.D.'s because they indicate that candidates have certain qualities." Even more reassuring: "If a candidate lacks the credential, he or she can still present those qualities independently."

  3. Writing counts"'More than anything else, . . .law schools are looking for promising writing.' In order to get a job, a candidate must have written one or two publishable pieces of scholarship. . . . In comparison to the written work a candidate has produced, all other criteria are irrelevant, since they are only meant to be predictors of the candidate's writing. Good scholarship is both necessary and sufficient: if you have it, you don't need to rely on other credentials, but if your scholarship looks unpromising, your other good credentials won't save you." To the extent that the hiring process is (or at least hinges on) an evaluation of scholarly accomplishment and potential, this strikes me as a sound methodological foundation.
And now for the disheartening aspects of Daryl Levinson's assessment:
  1. "Even practical legal experience is not a good predictor of scholarly ability, and . . . 'is pretty nearly disqualifying.' . . . [T]oday's younger professors have no significant practical experience, and . . . if they tried to become involved in the world, 'the world would probably recoil in horror.'" Res ipsa.

  2. Harvard"While law schools look for professors who are 'competent lawyers,' often simply graduating from a school like Harvard satisfies this criteri[on] . . . ." Ye gods. In the question-and-answer section of this story, Daryl Levinson reinforced what he perceived (or at least what his audience wanted to hear) as the value of the Harvard or the Harvardesque credential: "out of [1,000 applications a year] you can automatically throw out about half because they didn't go to a top 20 law school (that's just how the academic world works)."

  3. Levinson describes the "job talk," during which faculty candidates "present a work in progress to the faculty who are evaluating them," "functions as the primary basis for the school's evaluation of a candidate." True, but distressing. Sixty minutes of live presentation, as opposed to more thoughtful evaluation of the candidate's record as a whole. Sloth 1, due diligence 0.
At the risk of reducing this fascinating interview to a single question-and-answer exchange, I saved Levinson's final answer for last:
Q: What do you most dislike about being a professor?

A: It's a bad job for people who don't like a lack of structure. It's also bad for people who like to make a difference in the real world. Increasingly, this is an ivory tower profession [emphasis added].
Mine, the voice of one crying in the wilderness, sayeth no more.

Transfer Students

I see that FSU has been outed as the leading transfer student admitting school from the USN&WR second tier. In the past I have been quite critical of the transfer student method of raising a school's LSAT and GPA scores in the rankings. One thing I did this summer was examine the impact of such a strategy on the ranking of my own school. I balanced the possible negative impact on bar passage against the increases in other categories and it seemed clear to me that such a strategy would be a relatively risk free way of moving up or at least not losing ground. On balance, I do not support the strategy but I can also see some benefits.

My own feelings are informed by two impressions of the transfer student strategy. First, the strategy is really a means of not disclosing numbers. It hides the "entering" numbers of a portion of the first year class. Is that really a bad thing when the system of aggregating and reporting is already a mess. Maybe the best reaction to an irrational system is to make it even more irrational and to make sure all is made public. To the extent hiding numbers and gaming the system work to discredit both the the rankings and those gaming, isn't this a good thing?

Second, at most second tier law schools, the bottom fourth of the class is guess work. There is little basis for picking one person over another. Rather than make that decision before any law school performance, why not wait to see which of the borderline student do succeed?

Don't misunderstand. I am not saying that anyone engaging in the transfer student game is actually doing it for education enhancing reasons. If that were the case, the transfer shuffle would have been around for years. Still, in a world where few things are simple, perhaps it is for the best.

If Not You, Who? Part I.

Cross-posted at Law and Letters.

(This is Part I of a three-part series on personal responsibility in law/graduate school.)

If I am not for myself, who will be? If I am only for myself, what am I? And if not now, when?

(Hillel the Elder, Pirkei Avot 1:14)


When I was in law school, this refrain was often repeated as a "call to arms/responsibility/torch-passing."

"If not you, who?"

If not you, who will:

- do public interest law
- donate to the law school public interest fund to help pay for fellow students' summer public interst work
- volunteer for this legal clinic during the semester/work for it during the summer with a school grant/work for it after law school despite appalling law school debt
- serve ____ community or _____ cause
- join this ethnic/environmental/cause student organization to serve ____ community or ____ cause
- become an officer of this ethnic/environmental/cause student organization to serve ____ community or ____ cause
- feel personally obligated and responsible to do all of the above

I'm not advocating the complete abdication of responsibility and public service. But it is a strong message to put on the shoulders of young law students, many of whom are naive and idealistic, and more damagingly, with no concept of time management. Most bright young law students got into law school by taking on too much--they loaded up the majors, classes, extra curriculars, honors, theses, interesting summer experiences, volunteer work, causes and ideals.

The problem is that it's much harder to sustain this in law school, which is much different, and much more difficult. The curve, for one thing. Not that college is easy, but for the bright and industrious, hard work (that is not even that hard if there is a natural talent, and there is) is often rewarded with that "A" grade. Not so in law school, which is a different way of learning, analyzing, writing--and grading. The problem is that most students don't really realize this until after first semester--yet they get the "if not you, who" talk on the first day, and then repeatedly (in org orientations) throughout the first three weeks.

Give the kids a break. And most of them are kids. The averages are different for every school, but many law schools have the bulk of their students coming straight from college. I was all of 21 years old when I started law school (nevermind my co-blogger Paul Gowder, who was shockingly young). They (I) are full of ideals, beliefs, and causes. They know why they are in law school and what they want to do, but not how best to do it. Where their strengths may lie, where their energies may best be allocated. Let them do figure it out, piecemeal. Not by doing everything at once, but by getting settled in as law students, figuring out where their strengths lie, what they are most interested in doing and will be best at--be it the journal, the organization, or the clinic. But don't force everything on them to the point of burn out.

There are a few students who but for the "if not you, who" pep talk would remain complacent. But I don't think there are all that many. Most of those who feel a sense of responsibility will indeed serve ___ cause or ____ community. The problem is not getting them to commit, rather the problem is often keeping them from over-committing to the detriment of their grades, personal lives and general health and sanity. Lighten up. Let the first years settle in, and impress up on the 2Ls and 3Ls to really get involved. Hook 'em while they're young may be a countereffectual strategy, because what may result is burn out and fade.

I'm not at all suggesting that professors, in their organization advisor capacities, cease with the inspiring call to arms during org orientations. I like pep talks. I like knowing an organization's vision and mission and what goals it sets out to accomplish. But all of these platitudes should be taken with a grain of salt the size of a Mack truck. I don't think it's wrong to let first year law students take that first year to focus on what they're really here to do: be law students. Work hard at those classes. Don't feel guilty for having a personal life. Settle into your new neighborhood. Learn the law, and the more you learn, the better able you will be to serve ___ community or ____ cause. I tell incoming law students all the time not to over-commit. Join at most one journal, and at most one other organization. Don't do what I did and join two journals, two organizations, and become a mentor to an undergraduate. I was naive, took on too many responsibilties, and felt personally responsible for too much. And in the end, I was not responsible to myself. The only way to bear the burdens of others is to make yourself stronger, after all.

And it all works out in the end: I haven't becomea completely solipsistic, self-serving egotist. Well, I am an solo personal blogger, but that's not the point. I choose to write in the area of anti-discrimination law, I continue to support public interest work with either my time or resources. Not over-committing doesn't make you a bad person. It makes you a sane person. The causes will still be there when you have the knowledge, grades, and degree to make a difference.

In Part II, I'll discuss a way in which law/grad students should be more responsible, with respect to other students, and Part III, with respect to themselves.

Amici Briefs in the Rhode Island case-Having married in Massachusetts, may a lesbian couple now get divorced in Rhode Island?

I just found the following amici curiae briefs for the Rhode Island case, available on the website of the Gay and Lesbian Advocates & Defenders (GLAD), including GLAD's own brief, authored in part by Mary Bonauto, who was lead counsel in the Goodridge case; another brief by various conflict of laws, civil rights and family law professors, with California's Barbara Cox, Erwin Chemerinsky and Boston's family law professor Charles Kindregan among them, concurring with the GLAD position; and yet another brief by other amici, including Brigham Young University law professor Lynn Wardle, coming down on the other side of the question.

There were also many other amici, and all the briefs in this case seem to be available on the GLAD website at http://www.glad.org/GLAD_Cases/ri_briefs.html.

Cox, Chemerinsky, Kindregan et al: http://www.glad.org/GLAD_Cases/Amici/Chambers_Ormiston/Conflicts.pdf

Lynn Wardle et al: http://www.glad.org/GLAD_Cases/Amici/Chambers_Ormiston/Wardle.pdf

GLAD: http://www.glad.org/GLAD_Cases/Amici/Chambers_Ormiston/GLAD.pdf

Fire in San Diego and Water in New Orleans: the latest from the trenches of the Class War - from Greg Palast

See the latest article on the website of investigative reporter Greg Palast, who provides yet another great commentary on our sad times, and a reminder that the Class War is alive and well: Greg Palast: "BURN BABY BURN The California Celebrity Fires"

No Longer Mere Chattel: The Rising Status of Pets in Family Law

I am surprised it hadn't happened before, but I'm certainly not surprised that it now appears to have finally happened in California: as reported a few days ago by California lawyer John Harding in his post California Divorce Blawg: Power To The Pets, Arnold Schwarzenegger recently signed into law, on September 11, 2007, a California statute that gives pets a status somewhat similar to that of human beings in some cases, by specifically providing for their inclusion in protection orders, authorizing orders providing for their exclusive care by one party and prohibiting any abuse of the animals themselves. Here in New England, Maine last year became the first state in the nation to provide for the inclusion of pets in restraining orders. At least a few other states, including New York, Vermont and Connecticut, have similar new laws pending or recently enacted. Connecticut's new law just went into effect on October 1.


The California Divorce Blawg posted a link to the new California law, at http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0351-0400/sb_353_bill_20070911_chaptered.html and there is some pretty interesting information here on the legislative history of this bill, including reference to recent studies supposedly showing a correlation between domestic violence (concerning human beings) and the abuse of animals.

In my cases in Massachusetts I have been a part of wide-ranging disputes over pets. Sometimes judges have made temporary orders regarding pets in family court proceedings, and even in restraining orders, despite the lack of any such law to guide them. Most judges, however, have been reluctant to deviate from the historic common law treatment of animals/pets as chattel, and so the fate of pets is often not determined in divorce cases until the marital property division occurs, often at the very end of the process, at settlement or trial.

It shouldn't be long before animal lovers in other states prod their legislatures to follow the lead of Maine, Vermont, Connecticut, New York and California.

Live-Blogging the Faculty Recruitment Conference!




8:32 a.m.
"So... thanks for coming in. I know, the elevators are crazy here, aren't they? Can I get you a bottle of water?

[awkward silence]

I got a chance to read your forthcoming article. I had a question about your methodology."
8:33 a.m.
"How do you see this piece fitting into your scholarly agenda?
8:37 a.m.
"Let's talk about teaching; how do you see yourself in the classroom?"
8:39 a.m.
"Are there any professors you remember from law school as being particularly effective?"
8:42 a.m.
"What's your ideal teaching load?"
8:49 a.m.
"Do you have any questions about our school or our city?"
8:52 a.m.
"Thanks a lot for coming in. We've got some hard choices to make in the next few weeks. We'll try to get back to you as soon as we can."

(Repeat)

Having married in Massachusetts, may a lesbian couple now get divorced in Rhode Island?

The Rhode Island Supreme Court is about to decide whether its courts can approve the divorce of a lesbian couple who were joined in marriage in Massachusetts three years ago. This case appears to be the first case in which a state outside Massachusetts has had to deal with the issue of whether it can grant a divorce to a couple previously married in a same-sex marriage in Massachusetts, even though it does not itself recognize same-sex (gay and lesbian) marriages. Oral arguments have been made and a decision from the court is expected within a few weeks. Stay tuned.


LINK to Article in The Providence Journal: Woman in historic same-sex divorce case did not seek the spotlight "Cassandra Ormiston sees her court battle to end her marriage as a human-rights — not a gay-rights — issue. 'I have the same right to fail as anyone else.'"October 22, 2007, By Edward Fitzpatrick, Journal Staff Writer

"....Chambers and Ormiston married in Fall River in May 2004, shortly after Massachusetts became the first state to issue marriage licenses to same-sex couples. Chambers filed for divorce last year in Rhode Island Family Court, and Ormiston filed a counterclaim, with both citing 'irreconcilable differences.'

The case is receiving national attention because it’s believed to mark the first time any of the same-sex couples married in Massachusetts have sought a divorce in another state. The Rhode Island Supreme Court is weighing this question: 'May the Family Court properly recognize, for the purpose of entertaining a divorce petition, the marriage of two persons of the same sex who were purportedly married in another state?'...."

Judicial Activism on the US Supreme Court - Two Recent Views Posted in the LA Times

Judicial activism is alive and well, not just here in Massachusetts in our Supreme Judicial Court, but also in the conservative U.S. Supreme Court. Recently, there appeared an interesting debate in the LA Times on judicial activism in the U.S. Supreme Court.

First, Thomas Miles and Cass Sunstein of the U. of Chicago Law School discussed the judicial activism of the right in Scalia et al. (you know, those Republican hacks who voted for Bush in Bush v. Gore) in their article Who are the bench's judicial activists? ("Looking at the Supreme Court justices' voting records, the lines between activism and restraint may surprise you.") Then in reaction, we heard rebuttal from Edward Whelan who suggested the true judicial activism is from those more liberal justices who voted for Gore: Judicial activism awards fixed! ("Another view of a recent Times Op-Ed on Supreme Court decisions.")

Taken together these two very different views seem to point out the obvious: there is judicial activism on the left and on the right. There's the kind we like, and the kind we don't like, depending on our perspective.

I still agree with Alan Dershowitz that the five majority justices in Bush v. Gore were "corrupt" and deserve our ongoing contempt. But can we ignore the judicial activism of the left, such as that of our own Massachusetts Supreme Judicial Court, in the Goodridge decision that legalized gay (or same-sex) marriage in this state? And if we're really honest, don't we have to admit that even Bork had a point about Roe v. Wade?

We seem to like our judicial activists, however intellectually dishonest they may be, when they do what we want them to do, and we dislike them when they don't. I'm in favor of abortion rights and gay marriage, even if I recognize they were brought about by judicial activists, but I am not in favor of the convoluted, corrupt political decision of Scalia et al in Bush v. Gore. I think one could make a distinction that would explain why the former types of judicial activism are more justified than the latter. But still, if we are going to be intellectually honest, we have to recognize that judicial activism is both a leftwing and a rightwing phenomenon.

CORI Reform Urged By Worcester Telegram, But Caution Urged

LINK to Worcester Telegram Editorial: CORI reform
Tuesday, October 23, 2007 "CORI reform: Fix it, but not at the expense of public safety"

"Gov. Deval L. Patrick has called upon the Legislature to reform the state’s Criminal Offender Record Information Act this year. Any changes should be approached with caution. Mr. Patrick has not filed new legislation. Instead, he is urging lawmakers to work out a compromise from among the 30 or so CORI bills already filed. Many of the proposals stem from a campaign by advocates and former offenders who argue that the 35-year-old CORI is an impediment to rehabilitation. Many employers refuse to hire anyone with a criminal record, they say, even if it includes not-guilty findings and dismissals....."

The Worcester Telegram gets it almost right here, except that they wrongly state that CORI is already all public information (it is not), and they are too apparently eager to err on the side of "caution." We need CORI reform, both for the sake of reformed criminal offenders who need to work so as not to return to crime, and for the sake of those with restraining orders on their record, many of which were brought by ex-partners in divorce or other domestic disputes, and many of which were both fraudulently brought, just to get them out of the home and/or to gain an advantage in their divorce case, and too easily obtained, whether or not there was any real abuse. Employers should not have such easy access to this information, which can lead to other kinds of problems even if it doesn't always prevent candidates for jobs from being unfairly disqualified. And of course this information certainly does lead candidates to be unfairly, and foolishly, disqualified for jobs, jobs that can be used to keep them out of the criminal and welfare systems, and that can be used to pay for things like child support.

Past criminal offenders should be allowed to work again so that they don't slip back into a life of crime. Also those who have been accused of domestic abuse should be allowed to work again, and should not be prejudiced by the disclosure of the information on their CORI. Many of those with restraining orders on their record have indeed been guilty of domestic abuse, but most have changed and have had these restraining orders vacated. Many others never committed any abuse in the first place, but were themselves the victims of partners who manipulated the court system. The Telegram urges caution in CORI reform. Ironically, the judges are cautious in another sense. The judges in the district courts and family courts regularly err on the side of caution and issue restraining orders to many who have not truly reached the legal standard that is supposed to be required, lest their wonderful judicial names appear in the Telegram or other media along with the unsavory news that they refused to issue a restraining order and something bad happened (like a real abuser actually hurt a real victim).

And if these defendants, when they land in court to answer to these requests for restraining orders against them, happen to be too poor to hire a lawyer, they are not given a court-appointed lawyer, to protect them from having their children taken away and from being thrown out of their home. They will, however, be assigned a court-appointed lawyer to help them with the simple assault charge just brought against them, even though that assault charge is very unlikely actually to lead to any jail sentence or make them suffer any great punishment. (Gideon's Trumpet doesn't sound loudly enough for these folks. A lawyer is constitutionally required for indigents facing the mere possibility of temporary jail time for a crime, but not, at least according to the current prevailing opinion, for indigents facing the immediate temporary loss of their home and their children in a restraining order case.) Furthermore, even if the restraining order is very soon vacated, and indeed even if it is done so at the request of the complaining witness, the record of the issuance of this restraining order will stay on their criminal record to haunt them.

CORI reform is long overdue. Judges will always be cautious and will give out restraining orders even when these judges are not really convinced there is an imminent threat of serious bodily harm, or other abuse, as defined by the M.G.L. Ch. 209A statute (restraining order law). But we should be at least as cautious (and here I do not mean in the judicially cowardly way, but in the practical, reasonable way) in giving away this information so freely to employers, and in making more and more of such information public, regardless of the consequences.





My Comment On: New York Judge Threatens Parents in Custody Dispute

LINK: Law.com - Judge Blasts Parents for Using Court to Attack, Demean Each Other

A family court judge has threatened to deal "harshly" with the mudslinging parents in a custody/visitation dispute if they do not stop attacking each other in court. These parents are calling each other pathological liars, among other things. This threat is coming from Judge Singer, from New York, but it could just as well be coming from any number of other family court judges in Massachusetts, or probably many judges from any other state, I suspect. The judge is angry, and therefore, both parties must settle their dispute "out of court" lest they be punished for further mudslinging.

The theory is that the parents are putting their children in the middle and are thus hurting the children by attacking each other in this way. They should get along, for the sake of the kids, at least in order to reach some kind of reasonable parenting agreement. Otherwise, they are guilty of using their kids as pawns in their own personal battle.

The problem with this thinking, so prevalent in the family law community, as expressed by the frustrated judge quoted here (and some of the other quotes in this article demonstrate the prevalence of this thinking), is that it leads the family court, a forum designed for adversarial confrontation that is supposed to help the judge find the truth, to shirk from its own duty. This approach instead forces the litigants, who are in court because they can't stand each other and can't agree on anything, nonetheless to reach some kind of agreement out of fear that the angry judge would otherwise punish them if they actually were to continue to litigate.

But would not the children also be punished, indirectly, by such an angry decision of the judge? Then, would it not be the judge, rather than the angry litigants - one of whom is likely to be more in the right than the other, and might be vindicated if the facts could come out - who would then prove most irresponsible? The parents are being threatened not to continue with their litigation in court because the judge is frustrated, and is disgusted with the protacted conflict which he does not want to have to resolve himself. So he expects the angry parents (both of whom are upset as they are fighting over their own children and are going through a most stressful divorce) to be more reasonable than the supposedly reasoned, dispassionate judge is, and to agree on something so that the judge won't have to decide for them.

Maybe, the judge's threats and coercion will lead to the best result in this case. I don't know. This news report gives us some of the alleged facts in this case, but the court will probably never know what the facts really are, as the angry litigants have been forced to settle their issues out of court.

I don't know what the solution is in cases like this. But I don't accept the conventional wisdom quoted throughout this article that somehow the adversarial system is not good for children, so it should not be used. The children are not actually themselves in court, and can and should be shielded from the actual dispute. That doesn't mean, however, that the dispute should not be aired in an adversarial proceeding. The court is actually there for people like these. What other system would work for them? We can't just have them ordered to talk to Dr. Phil and then expect everything to be all right.

Certainly judicial threats and coercion will work if all we want is for the parents to reach an agreement, and we don't really care if the terms of that agreement would be in the best interests of the children. But if we do care, the litigation often needs to be allowed to run its course, and the court must have the courage actually to do what it was designed to do: find the facts in an adversarial, evidentiary hearing, so the best interests of the children can be determined.

Sorry to be such a contrarian, Judge Singer. Let's just hope the decision these parents will be forced to reach will be a good one for their kids.....and they won't end up in court again anyway.

New York Judge Threatens Parents in Custody Dispute

LINK: Law.com - Judge Blasts Parents for Using Court to Attack, Demean Each Other: "Judge Blasts Parents for Using Court to Attack, Demean Each Other Vesselin Mitev New York Law Journal October 24, 2007

"A New York Family Court judge has issued an unusually blunt rebuke to two parents -- one a former doctor and the other a lawyer -- engaged in a 'vitriolic and venomous' dispute over child custody and visitation.


'The parties fit the profile of that breed of litigant that the family court tends to encounter all too often; the career or habitual litigant,' wrote Judge Conrad D. Singer of Nassau County. 'The moving documents in this current proceeding alone dispense such vitriolic and venomous allegations as to make it clear that the parties, the parents, while each claiming to be the true protector of the children's best interests, simply appear to be using the Court as a vehicle to attack and demean one another.........."

Warden confirmed that alleged Gassing of Ed Brown was “Looked Into”

Wayne T. Salisbury Jr.
Warden
Donald W. Wyatt Detention Facility
950 High Street
Central Falls, RI 02863
401-729-1190
wsalisbury@wyattdetention.com

Warden confirmed that alleged Gassing
of Ed Brown was “Looked Into”


Casey Lee Cobb | ShowTheLaw.com | October 24, 2007

Beverly Durand of ShowTheLaw.com reports that Wayne T. Salisbury Jr. the Warden of WYATT DETENTION FACILITY in RI, contacted her back with regards to the torture allegations. Durand reported that the Warden was very sketchy on the details; in the fact that he would release no details at all.

He claimed that three gentlemen were assigned to look into the matter and nothing was found. Beverly reports that the Warden went to great lengths to not use the word “investigation” during the conversation.

Durand also reports that the warden refused to provide documentation into the unofficial investigation. At one point during the conversation, it was confirmed that he would release documentation only if the Attorney General requested it from him.

On a lighter note, I personally called the Elkton facility where Ed is currently staying. Although the employee of the Federal Correctional Institution could not release any health details on Mr. Brown, the man was courteous, professional, and transparent in his demeanor.

It is currently not clear why Cornell Corrections, the previous management of the Central Falls Detention Facility, fired Salisbury from his position as warden, however, the new management Avcorr appears to have rehired him.

Prompt and consistent public disclosure is always the most effective means of ensuring confidence in the actions of these privatized prisons.

I think, at this point in time, it would be appropriate that the WYATT DETENTION FACILITY confirm publicly that an investigation has taken place or has yet to take place regarding Ed Brown’s claims.

Privatization should not be a license to torture and/or cover up torture.

Apparel Choice and Tenure: Insights from Criminology

(Cross-posted at Legal Profession Blog)

Colleague Andy Perlman has posted over at Legal Ethics Forum on his rationalizations, I mean reasons, for not wearing a tie when he is teaching, and the most persuasive one reminded me of a movie line that had me laughing out loud a few days ago. (I sat in on his class last Friday to learn pedagogy at the feet of a master, and it was a brilliantly conceived and executed class, even if Andy had the beginnings of the flu. But, indeed, he had no tie.)

WonderThe movie is Wonder Boys, one of my favorites. Michael Douglas plays Grady Tripp, an English professor in Pittsburgh (1) who won the PEN Award for his first novel many years ago and has never published again; (2) whose wife walked out on him that morning; (3) who is having an affair with the chancellor (Frances McDormand) whose husband is the chair of the English Department, and (4) whose strange student James Leer (Tobey Maguire) has just shot the chancellor's dog in the upstairs hallway of her house while the faculty is gathered downstairs.

Grady and James are now in the car trying to figure out what to do with the dead dog.

James: Professor Tripp, can I ask you a question?

Grady: Yes, James.

James: What are we gonna do with - it?

Grady: I don't know. I'm still trying to figure out how to tell the chancellor that I murdered her husband's dog.

James: You?

Grady: Trust me, James. When the family pet's been assassinated, the owner does not want to hear that one of her students was the trigger man.

James: Does she want to hear it was one of her professors?

Grady: [Pause.] I've got tenure.

Law porn and the peacock's tail

I just posted this image and the briefest of explanations on BioLaw, but it occurs to me that there is a MoneyLaw connection as well:

Peacock
Writers here at MoneyLaw have taken a mostly dim view of "law porn," the technical term for the flow of correspondence that floods law schools each September and October in anticipation of the annual U.S. News & World Report popularity contest. Jeff Harrison adamantly opposes the practice. For my part, I look upon the custom whimsically. In very practical terms, I have nixed a mass-mailing of the University of Louisville's law alumni magazine to legal academics.

As I look at Alistair the Peacock, who belongs to the author of Beyond the Fringe, an Australian blog, I realize that law porn is better explained as a manifestation of sexual selection rather than natural selection. After giving a very cursory explanation of the underlying evolutionary biology, I will apply my insight to law school administration and the "law porn" phenomenon.

Recall what Charles Darwin said about the peacock's tail. The garish -- indeed, crippling -- display of feathers comes at some expense to the peacock's survival. It takes more energy. It reduces the peacock's ability to escape predators. But those costs are offset by the tail's value in attracting peahens:



If the above video does not render, click here to view it in a popup window

Moving from peacock courtship to law teaching, let us apply this wisdom to our own little ecosystem. Law schools send out self-promoting porn, not because it enables them to do their jobs better (quite the contrary is demonstrably true), but rather because it is crippling. Sending out law porn, at enormous expense in terms of printing, postage, and personnel, issues a readily understood signal: My law school can afford to promote itself this way. Vote generously.

PeacockIndeed, in even more precise biological terms, law schools' practice of shipping law porn manifests a human variant of koinophilia. Organisms exhibiting koinophilia prefer mates who do not have unusual, peculiar, or deviant features. In other words, sexual creatures prefer mates with common or average features. Peacock courtship is often cited as the classic instance of koinophilia. If peacocks are any guide (and I am strenuously arguing that they are), law porn will not only be persistent. Over time, it will converge toward a stylistic sameness that becomes rigidly obligatory. Woe be unto the law school that attempts to opt out, or to deviate in its porn-shipping strategies.

To sum up:
  1. Law schools send out porn, not because it helps them do their jobs, but precisely because it is costly and everyone else knows it.

  2. Law porn is an ironically appropriate term because the evolutionary phenomenon it resembles is sexual rather than natural selection.

  3. Because law porn, like the tail feathers of the peacock, reflects the underlying koinophilia of its producers and consumers, it is not only persistent. It will converge toward a consistent "industry standard."

What's In Your IPod?

I just got an Ipod. I'm a little late to arrive at personal digital nirvana (the Buddist concept not the band) . But that's another story. As I browse the ever expanding universe of downloadable music, I replay scenes from my life that are always set to particular music: show tunes wafting from a huge turntable my parents could hardly afford; The Partridge Family; Boston and REO Speedwagon booming through the water during swim workouts, subwoofer face down on the concrete pool deck; Hendrix, the Dead and the Stones in places where parents weren't; Color My World where they were. And that just covers through high school. My new Ipod is a blank slate as daunting as any I've faced. The music I load isn't just entertainment. It's me-- who I've been and who I am now. It's my very personal soundtrack of rebellion, peace, regret, love, loss and triumph, with a lot of outstanding party action thrown in.

Is the identification I feel with popular music -- it's capacity to describe me -- unique to me, or to my generation, to describe us? Jefferson Cowie, a college writing teacher, gave his students an assignment: Assess the personal meaning of any song of any genre. His students' response surprised him. In an essay appearing today on insidehighered.com, Cowie wrote:

"For my students, rock and roll is not the aural fuel of rebellion but soundtrack of familial love and safety. The [student] essays were not about chillin' with the crew but hangin' with mom and dad; . . . about heading off to Cape Cod in the mini van. Rock is no longer about alienation but connection; not about escape but home; not about rebellion but reconciliation."

Cowie wonders whether Millennials' parents have so smothered them with attention that they stake no claim to a musical identity of their own. "[I]t seems that there ought to be at least an edge of disdain for the SUV-driving, suburban-dwelling, vanilla affluence of their parents, but instead, students remain hopelessly connected to them, not just by their ubiquitous cell phones but also by their parents' record collections."

This idea, that Millennials are best defined by the absence of rebellion, is a theme of Nicholas Handler's essay: The Posteverything Generation. Handler, Yale 2009, won the recent New York Times Magazine essay contest in which the Times invited college students to respond to Rick Perlstein's assertion that colleges have lost their centrality in society and in students' lives. Handler writes:

"We are a generation that is riding on the tail-end of a century of war and revolution that toppled civilizations, overturned repressive social orders, and left us with more privilege and opportunity than any other society in history." But, with all that, "[l]ike a true post-modern generation we refuse to weave together an overarching narrative to our own political consciousness, to present a cast of inspirational or revolutionary characters on our public stage, or to define a specific philosophy. . . . We are a generation for whom even revolution seems trite, and therefore as fair a target for bland imitation as anything else. We are the generation of the Che Guevera tee-shirt."

Handler makes a chilling observation about his generation: "How do we rebel against a generation that is expecting, anticipating, nostalgic for revolution?" His answer: "We don't."

Cowie's classroom experiment and Handler's thoughts are not enough to brand an entire generation of people one thing or another. But their observation about a postmodern comfort-loving boredom that hangs over law students these days rings true to me. I wonder why students seem increasingly detached and unwilling to engage in classroom discussion. Is it a generational thing? Or, is it just more fun to browse for music online than to participate in class?

(Cross posted from Red Lion Reports).

Former Police Captain Stonewalls on Torture Allegations.


Former Cranston Police Department Captain, Robert Brown, who is currently employed at the Donald W. Wyatt Detention Facility in the criminal investigations division fails to address torture complaints reported by advocates of the Brown’s. All inquiries into the matter are being referred to the Warden of the facility who seems to be consistently and repeatedly unavailable to speak on the matter of the alleged torture inflicted upon Ed Brown who was housed in the Wyatt Detention Facility.

Yesterday Co-founder of ShowTheLaw.com, Beverly Durand, contacted Robert Brown at his place of work at the Wyatt Detention Facility in order to press the claim of torture that allegedly occurred at Wyatt on the 8th, 9th, and 10th of October. It has been confirmed that Beverly reported the claim that Ed Brown was being gassed while in the “care” of Wyatt. However, instead of receiving the claim of abuse, the investigator has chosen to refer Beverly to the warden of the facility.

Both this author and Beverly have previously left our contact information with Robert Brown in hopes that he will reach out to us in good faith in order that he may receive the full details of the claim, and or confirm that an investigation into the alleged incident has been launched. In both cases, Robert Brown seemed more interested in investigating us rather than getting specifics on the claim. Further efforts will be made by the founders of this site into the torture allegations that Ed Brown reported during a phone interview which took place on the 17th.

Paul Gowder at Law and Letters

Paul Gowder (J.D. Harvard '00, Ph.D. Political Science Stanford, '11) is guest blogging on law, philosophy, political science, academia and esoterica at Law and Letters for the next month (or more).

His first post on Passion, Regret, Law School, and Class Privilege with Advice to Prospective Law Students is a must read.

Spending the Money of Others and Law Porn

When a law school distributes law porn, I assume the logic goes like this. Advertising leads to a better ranking that leads to more revenue that leads to a better experience for the students that leads to a higher payoff on the public investment made by the state. Think of how tenuous the connections are. Has any school moved by virtue of better advertising or lost ground due to its absence? Has the movement of a slot or two increased donations? Have those donations been put to good use in order to increase the return to the public investment in legal education – whatever that is? I challenge any public school dean to prove he or she has gone through the analysis in even a semi rigorous way. In a rational and non shirking world all of them would have before pissing away the money.

The problem is that public law school deans and their faculties get to spend the money of others. Thus, it is doubtful they go through the calculations that they would go through with their own money. And it means spending the money of others to preserve their own positions and status whether or not the law school stakeholders are better off. Of course, the spending the money of others problem extends way beyond the law porn. I wonder how many of these free spenders when it comes to the money of others then turn around and buy a car only after consulting Consumer Reports, make sure no frequent flier mile goes unused, select their credits cards on the basis of the best rebate, and check several places before buying anything that costs over $100.

PS. Just got back from my mailbox and today's tally:

1. The University of San Francisco "A New Generation of Scholars" ( I got two of these because there are at least two people in the new generation)
2. Penn State School of Law welcomes a new prof.
3. University of Washington, "High Tech Summit"
4. Valparaiso School of Law welcomes a new prof. (big lettering on this one indicating a Princeton/Yale background, wow!)
5. Roger Williams Law School, Ranked second in scholarship among 3d and 4th tier schools (is it a good idea to say this?)
6. Southwestern Law School, Visiting Speakers (can I get a flight into Hobby for this?)
7. UMKC "Hot Topics in IP"
8. University of Akron, "40th Anniversity of the Law Review"

Investigation of Torture Allegations at the Wyatt Detention Facility in Rhode Island.


10/23/07: I am currently investigating the claims made by Ed Brown that he was gassed in a Rhode Island private prison. It has been confirmed by an employee at Wyatt Detention Facility that Edward Lewis Brown was released on the 10th.

I have contacted the investigative division of Wyatt Detention Facility and spoke with Rob Brown who asked for my first name, last name, and phone number. I provided the gentleman with the details, and he said he will call me back. When he calls back I plan on requesting a formal investigation into the claims that Edward Lewis Brown was gassed at that facility on the 8th 9th & 10th for a duration of 2-3 hours, per incident.

I made the gentleman aware of the claims during the initial call, but rather than address the claims he seemed more interested in my name and contact information. We will wait and see if Rob Brown contacts me back and acknowledges the claims, or initiates an investigation.

10/24/07: I have not received a phone call back as promised from Rob Brown, the main investigator in the investigations division of the Wyatt Detention Facility, located at 950 High Street Central Falls, RI. An associate investigative blogger who contacted the facility today reported that Investigator Rob Brown would not confirm that an internal investigation would be held into the alleged incident. My associate reported the only thing said and repeated was that “he was directed to have me call the wardens office.” Multiple attempts were made in contacting the warden, to no avail.

Elaine's Son initiates Petition for redress of grievances!

Click the Above Image to Sign.

ARM: Speaks On Ed and Elaine Brown.

ARM seems to have popped up out of nowhere, I don’t know anything about the organization or its intent, nevertheless the gentleman on the video seems well spoken and educated to the current state of affairs. That being said, this video is being posted for educational purposes.

Michael Sternesky v. Ana Cecilia Salcie-Sternesky

10-22-07 A-5932-05T3

We consider equitable distribution of an accidental
disability retirement allowance awarded by the Board of Trustees
of the Police and Fire Retirement System (PFRS). The Board has
not provided guidance on segregation of the marital and
individual components of a disability pension, as we encouraged
in Larrison v. Larrison, 392 N.J. Super. 1, 18 (App. Div. 2007).
The parties in this case did not provide the trial court with
evidence that would permit such segregation, which we found
necessary in Larrison and Avallone v. Avallone, 275 N.J. Super.
575 (App. Div. 1994). We provide a formula for identification
of the marital component of a PFRS accidental disability
retirement allowance, which is inferable from the statutory
scheme and decisions of our courts addressing equitable
distribution of retirement assets, and we hold that a trial
court should apply that formula in the absence of relevant
evidence or guidance from the Legislature or Board.
10-17-07 In the Matter of the Trust Under Agreement of Blanche
P. Billings Vander Poel

A-0983-04T5

The settlor established a trust in 1950 under New Jersey
law with her son as income beneficiary for life and a gift of
the remainder to his "issue." Two years later the son married a
woman with a ten-year-old daughter, the appellant, and three
natural children resulted from that marriage. The son inquired
into adopting the appellant as a minor, but was unable to do so
because the family was then living abroad. Later he adopted the
appellant as an adult, some thirteen years after the settlor's
death.

Held that while an adopted child will equally participate
in a remainder class gift to "issue," an adult adoptee may not
so inherit from a "stranger to the adoption." The concept of
equitable adoption, while providing a judicial remedy in the
case of a child, is inapplicable to an adult adoptee. The
record indicated that the settlor's probable intention was not
to include an adopted child in the remainder gift to her son's
issue.

Princeton Review's Top 50 Law Schools

Princeton_review_2008_2Two weeks ago, I blogged the lists of the Top 10 law schools in eleven categories posted on Princeton Review's web site in connection with its publication of the 2008 edition of Best 170 Law Schools. The rankings are the result of Princeton Review's survey of 18,000 students at the 170 law schools, along with school statistics provided by administrators.

Last week, with the help of my assistant, I extracted from the individual profiles of the 170 law schools all of the available data and blogged the Top 25 and Bottom 25 schools in each of six categories:

To conclude the series, I posted on TaxProf Blog Princeton Review's Top 50 Law Schools, determined by (1) focusing on those five categories with reported scores in the 60-99 range (thus excluding the study hours category), (2) combining the Professors: Accessible and Professors: Interesting categories into a single category, and (3) adding the scores in the resulting four categories:

  • Academic Experience
  • Admissions Selectivity
  • Career Preparation
  • Professors: Accessible & Interesting