January 25, 2018

BarBri in violation of the ADA

Good for the students who brought this lawsuit.


January 25, 2018 in Legal Profession, Of Academic Interest | Permalink

January 24, 2018

"Multi-level marketing" and "pyramid schemes"

Retired attorney Bruce Craig would welcome hearing from law professors interested in the following issue (you may reach Mr. Craig at brucecrai-at-gmail-dot-com):

As a former assistant attorney general (Wis.) I litigated against a number of pyramid schemes starting in 1968 and ending, for all practical purposes, in 1979 when the FTC ruled in favor of Amway. Now retired,  living in New York, and still involved with this issue to a limited extent.

 

Since 1979, and Reagan, Amway has become a $9 billion/yr world-wide operation, the overall industry's annual revenues about $150 billion. Qualified estimates indicate that the loss ratio of participants in these operations exceeds 95%.

 

Not only has this made the pyramid owners billionaires but, as a direct result, it has also funded a political and governmental machine that has fundamentally suppressed any meaningful enforcement or legislative oversight. This is primarily the result of the victims of these schemes being politically invisible to both sides of the aisle and ignored on the basis they didn't work hard enough. Victims seldom file complaints as they feel they were part of an illegal process and involved family members and friends.

 

The press has primarily focused on disputes between Wall Street titans and not on the ethical and legal underpinnings which have enabled this to happen. Unfortunately, it appears the legal academia has not examined this as well.

 

At present, there is no formal legal distinction between pyramid schemes and "Multi-Level Marketing", with limited enforcement only after the fact. This phenomenon has enabled those not yet sued to claim they are legal MLM and not illegal pyramid schemes. 

 

Given the significant and continuing massive losses, incurred by those mostly in the lower part of the middle class.  This note is to inquire whether legal scholars might be interested in exploring the issue. From a philosophical standpoint I've noticed that the investment and financial communities seem to ignore the underlying damage caused by those listed on the NYSE.

This is far beyond my competence, but I offered to share this with the community of legal scholars and legal theorists, some of whom might be able to help.


January 24, 2018 in Jurisprudence, Legal Profession | Permalink

January 18, 2018

New study of longterm outcomes and value of a law degree

The full document here.  I may say more when I've had a chance to digest it.   Signed reader comments welcome (full name required, valid e-mail address); submit comment only once, it may take awhile to appear.


January 18, 2018 in Legal Profession, Of Academic Interest, Professional Advice, Student Advice | Permalink | Comments (0)

January 10, 2018

ABA moves for summary judgment in lawsuit brought by Cooley Law School

The motion is here, and it is quite damning about Cooley.  My guess is the motion will be granted, and Cooley will lose its accreditation and close within the next year or two.


January 10, 2018 in Legal Profession | Permalink

January 02, 2018

Decline in conditional scholarship awards at U.S. law schools since 2011

Jerry Organ (St. Thomas) collects the data.  The decline in the applicant pool during this time has presumably put prospective students in a stronger negotiating position, which probably explains the decline in the offers of scholarships contingent on academic performance.


January 2, 2018 in Legal Profession, Of Academic Interest, Student Advice | Permalink

December 19, 2017

Someone should have paid more attention in his evidence class

Matthew Petersen withdraws from further consideration for a federal district judgeship in wake of questioning by Senator Kennedy (R-LA) showing that he didn't know what the Daubert standard was and didn't know what a motion in limine is, among other rather remarkable gaps in his knowledge for someone aspiring to be a trial judge!  (Here's the full questioning by Senator Kennedy, who is an experienced lawyer and also, like Mr. Petersen, a graduate of the University of Virginia Law School.)


December 19, 2017 in Legal Profession | Permalink

December 18, 2017

Judge Kozinski retires

Law school transfer students

Jerry Organ updates his data for 2017.  Taking large numbers of transfer students--whose credentials are invisible to the US News ranking gods--can allow a school to take a smaller 1L class (whose credentials are reported to the ranking gods) while still generating tuition revenue.  Of course, not all schools take transfers for that reason, but the larger the numbers, the more likely that is part of the consideration.


December 18, 2017 in Legal Profession, Of Academic Interest, Rankings | Permalink

December 15, 2017

Chief Judge of 9th Circuit initiates investigation into allegations of misconduct against Judge Kozinski

The order here.


December 15, 2017 in Legal Profession | Permalink

December 14, 2017

A proposed limit on student loans for graduate education (other than medical)

I missed this story while I was travelling, but it is quite significant, since it would cap loans for, say, legal education at $28,500 per year, which will result, I expect, in a collapse in enrollments at some law schools and probably put some financial stress on all law schools to increase their own financial aid or limit tuition increases.  It may also push more students into the private loan market, though some private lenders may undertake more due diligence regarding the school for which the loan is to be utilized.

More details and information?  Comments are open; submit the comment only once, they may take awhile to appear.


December 14, 2017 in Legal Profession, Of Academic Interest | Permalink | Comments (0)