October 12, 2016
October 10, 2016
October 01, 2016
Once again, officials of the Alabama legal system show that they accept the rule of recognition of the Federal legal system...
September 27, 2016
Choudhry's lawyers file motion for a preliminary injunction against Berkeley's second disciplinary procedure against him
You can read it here: Download 2016-09-22 PL Motion in Support of Preliminary Injunction - Doc No 13.
I'm glad they've taken this step. Berkeley has been out of control in this matter, and needs a federal judge to intervene.
(Thanks to Sam Issacharoff for the pointer.)
September 26, 2016
The Midwest was hit slightly harder by the downturn in applications than other parts of the country, but still this chart shows where we are from the 2010 peak, and also that many schools are recovering a bit. (2010, it is important to remember, was the peak for applications and enrollments.)
September 22, 2016
Tennessee Law Prof. Glenn Reynolds--aka, "InstaIgnorance" as I used to call him back in the day--has Twitter account suspended after encouraging motorists to run down protesters in Charlotte
Several readers have flagged this story for me. Reynolds is a benighted soul, alas. A criminal law colleague calls to my attention:
TN Code § 39-12-102 (2015)
(a) Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation.
(b) It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic.
I doubt there will be a prosecution, but who knows? His real mens rea is more likely "dumb and insensitive" than "malicious."
UPDATE: Lawyer Jason Walta writes:
I'm kind of bemused by the seemingly shocked response of the chancellor and law dean. Have these people never met Glenn Reyonolds? Were they previously unaware that he's on faculty there?
The fact of the matter is that this stuff is Reynolds's entire métier, stretching back to when he called for vigilante executions of "looters" during Katrina or lauded William "Gosh I didn't mean to shoot my wife in the head" Burroughs as some kind of Second Amendment hero.
September 14, 2016
The decision not to arrest or indict Dan Markel's former brother-in-law and his girlfriend in connection with his murder-for-hire
MOVING TO FRONT FROM SEPTEMBER 9: SOME INTERESTING COMMENTS, MORE WELCOME
The latest from the local Florida newspaper. I'm curious to hear what my readers with relevant expertise think: is there really not a very good circumstantial case here? And without it, how will the motives of the killers awaiting trial be established?
Submit comments only once, they may take awhile to appear.
ADDENDUM: One wonders if the Markel family will bring a civil action against the Adelson family (though probably not against the mother of their grandchildren, who seems the least implicated in all this given the circumstantial evidence).
ANOTHER: Here's the full police account of the evidence implicating Charlie Adelson. It's extremely damning, and also suggests that the Adelson parents knew about this too. Why haven't Garcia or Rivera flipped? One possibility is they haven't been offered enough of a deal to make it worthwhile. Garcia also has a very strong reason not to flip, namely, that the person who was the go-between for Adelson and Garcia is the mother of Garcia's children: she goes down with Adelson if Garcia flips. Rivera may not know as much, and in any case, is already serving time in federal prison on drug charges. And for some insight into Wendi Adelson, see the section on "Changes of Children's Names," and the gratuitous insult that she inflicted on the Markel family. All of which reminds me of the now horrible irony in retrospect of this post. What a nightmare.
9/10 UPDATE: More on the tension between the police and the state prosecutor, plus talk of getting the feds involved in a prosecution effort.
August 31, 2016
An article surveying the back-and-forth. If the ABA's accreditation power were revoked, then, as I understand it, law students would not be able to access federal loans for education at ABA-approved schools. This would be so disruptive for thousands of students that it's hard to imagine the Dept. of Education taking that step. I suppose they are looking for signs that, e.g., the ABA will enforce its own bar passage requirements for accreditation.
August 17, 2016
New York Times journalist Elizabeth Olson recently reported that the law school graduating class of 2015--which was very close to the size of the class of 1996--had about the same number of private sector jobs 9 months after graduation as the class of 1996. That's a pretty good outcome considering that the economy-wide employment population ratio in February 2016 was 3.6 points lower than in February 1997. Olson puts a negative spin on the non-story.
UPDATE: Casey Sullivan at Bloomberg provides more balanced coverage, noting the smaller class size at the outset of his story and focusing on overall earnings rather than job counts in one segment of the market.
For previous coverage, see
Timing Law School (forthcoming in JELS)