November 29, 2016
U.S. LLM Programs Probably Benefit International Students (Part 1): Students Who Stay in the U.S. (Michael Simkovic)
At a conference I recently attended, some law professors and administrators seemed willing to assume the worst about LLM and international JD programs. They seemed to think that LLM programs provide revenue to law schools but do little to help students. This stoked my curiosity about international law programs. It seems likely, as conference attendees suggested, that LLM admissions are less exclusive than JD admissions at comparable institutions. But lower selectivity does not imply that LLM programs fail to help their students.
Immigrants are generally at a disadvantage relative to those born in the United States because of language, culture, and legal issues. But comparing immigrants to U.S.-born individuals tells us nothing about the benefits of U.S. education for immigrants. Instead, we can either compare immigrants to those from their countries who stay home, or compare immigrants to each other by education level.
Decades of peer reviewed labor economics research indicates that additional education boosts earnings. Moreover, Immigration to the United States can often dramatically boost earnings for immigrants over the long term. Are foreign LLM programs or international JDs exceptions to widely observed trends regarding benefits of education and immigration?
While data is limited, the unsurprising answer appears to be: Probably not.
Using U.S. Census data (ACS), I found (in a very preliminarily, quick analysis intended primarily to satisfy my own curiosity) that an LLM might boost long term annual earnings by as much as $25,000 on average compared to a bachelor’s degree (depending on unobserved selection effects, the causal boost could be lower since these are cross-tabbed means by race sex and education level). The earnings boost from a JD for immigrants might be around two or two and a half times as high as the boost from an LLM.
November 25, 2016
November 22, 2016
That's the Blog Emperor's characterization of the latest results, though California still has many graduates of non-ABA-accredited law schools taking the California bar and passing at very low rates (1 out of 4 or less).
November 21, 2016
The Court reverses a lower court decision dismissing the plaintiff's defamation claim against Gawker Media pertaining to comments on one of its websites--see the discussion that starts at p. 13. Here's the crucial bit:
A company can, however, be liable for creating and posting, inducing another to post, or otherwise actively partici-pating in the posting of a defamatory statement in a forum that that company maintains. See Chi. Lawyers’ Comm., 519 F.3d at 671; see also Fair Hous. Council of San Fernando Valley v. Roommates.Com, LLC, 521 F.3d 1157, 1166–67 (9th Cir. 2008) (en banc) (concluding that a website was not a "passive transmitter of information provided by others" but instead helped develop the information by "requiring subscribers to provide the information as a condition of accessing its ser-vice, and by providing a limited set of pre-populated an-swers"); FTC v. Accusearch Inc., 570 F.3d 1187, 1199–1200 (10th Cir. 2009) (concluding that a website developed the in-formation by "solicit[ing] requests" for the information and then "pa[ying] researchers to obtain it").
Huon argues that the Act is inapplicable here because Gawker’s comments forum was not a mere passive conduit for disseminating defamatory statements. Rather, Gawker itself was an information content provider, insofar as the Gawker Defendants: (1) "encouraged and invited" users to defame Huon, through selecting and urging the most defa-mation-prone commenters to "post more comments and con-tinue to escalate the dialogue"; (2) "edited," "shaped," and "choreographed" the content of the comments that it re-ceived; (3) "selected" for publication every comment that appeared beneath the Jezebel article; and (4) employed indi-viduals who authored at least some of the comments them-selves.
I wonder what role worries about this issue played in the decision awhile back of Above the Law (also a defendant at an earlier stage in this litigation) to eliminate its comment sections?
November 17, 2016
November 16, 2016
November 15, 2016
Details here. NYU, Columbia, and Cornell had the three best pass rates, but it's striking that Syracuse came in 4th, ahead of Fordham, Brooklyn, and Cardozo among others. So whatever Syracuse is doing, other schools should take a look!