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Archive for 2015
June 23, 2015
THE EVITABLE MRS. CLINTON: “Hillary’s big mistake last time around was taking her ‘inevitability’ too seriously, and not taking her primary opponent seriously enough,” Stephen Green writes. “That doesn’t seem like the kind of mistake she and her team would repeat — or is it?”
KIRSTEN GILLIBRAND’S SKEWED SENSE OF FAIRNESS: Sen. Gillibrand (D-NY) is “basically saying that there’s no such thing as an innocent man who has been accused; he’s either found guilty or he gets away with a crime,” Ashe Schow writes at the Washington Examiner:
And let’s take a step back to look at what Gillibrand is really saying here. She’s suggesting that the criminal justice system isn’t easy enough for accusers. Police and juries won’t throw someone in jail based on nothing but an accusation. Therefore, a kinder, gentler justice system needs to exist to do just that. It is that kind of thinking that has prompted more than 70 male students to sue their universities after being expelled and treated like criminals without evidence — and sometimes with evidence that points to a false accusation.
Gillibrand also spoke about “accommodations” for accusers – who she always calls “survivors” or “victims” – in case those awful rapists get away with their crime.
“Only a school can change her class schedule so he’s not sitting next to her in science, to make sure she can have a dorm that’s safe – those are accommodations that can happen,” Gillibrand said.
Everything she says is designed to imply guilt on the part of anyone who is accused. That is about as far from “fairness” as one can get.
Read the whole thing.
THEN? THE CRUEL SHOES. NOW: THE BLUE JEANS OF DEATH!
SHOULD HILLARY GIVE BACK WAL-MART COMPENSATION BECAUSE THEY SOLD CONFEDERATE MERCHANDISE?
To paraphrase our Insta-host the other day, maybe the MSM might ask her about this — nahh, why would they start now asking her tough questions?
VERONIQUE DE RUGY: Yes, Jonathan Gruber Is an Obamacare Architect. Gruber is the Todd Akins of Obamacare, except unlike Akins, Gruber really did matter…a lot.
THE IRS SCANDAL, DAY 775.
HIGHER ED BUBBLE AND LAWYERS FINALE – In my book I argue that legal practice in America has divided into two distinct categories – very wealthy corporate lawyers and everybody else. Why does it matter?
It really matters for the higher ed bubble, law school edition. Law schools, from Harvard to Thomas Jefferson Law School, are priced and run as if they are sending their graduates exclusively into corporate law and millions in earnings, when in fact they are sending most graduates to the 50k a year market. Outside of the top 15 or 20 law schools in America only the top 5-10% of any given class will join a large law firm and receive a huge payday.
The small town lawyer used to loom large in the American psyche. When an American of a certain age pictured a lawyer he thought of Abraham Lincoln, Atticus Finch, Perry Mason, or Matlock.
These lawyers were regular guys who took the business that walked in the door. If you went to law school expecting to be Perry Mason or Matlock you were certainly disappointed by how boring your life was, but not by what you earned.
After L.A. Law and The Firm Americans stopped thinking of lawyers as solo practitioners and somehow decided that all lawyers were good looking, interesting, and super, extra rich. This drew a whole new wave of confused history majors from college to law school, and floated a thirty year boom in the number of law schools, the number of law students, tuition, and profits. This was awesome news for law schools, less so for everyone else.
The worm has turned since 2008 and there are fewer applicants and fewer students and they are haggling more over tuition. Law schools have likely not hit bottom yet, but the correction is in full (and well-deserved) swing. More on this later.
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FRENCH KIDS BAFFLED BY THE ENGLISH WORD “COPING.” “It’s obviously not a word in common usage,” said “Pupil Arthur,” 17, whose petition to cancel the notorious “Question M” has gone viral.
HIGHER ED BUBBLE AND LAWYERS PART 2 – In my book I spend a lot of time discussing the Winner Take All Economy and lawyers. The comparative earnings of solo practitioners and law firm partners over the years displays the issue perfectly:
Look at how close the earnings of law firm partners and solo practitioners were in 1967. The average law firm partner earned about twice what a solo practitioner did, and both types of lawyers earned more than the median household income. In 1967 law could really be called one profession. By 2012 law firm partners earned seven times what a solo practitioner did and there are clearly two completely separate professions – corporate lawyers and everyone else.
And note that the “law firm partner” category displayed above contains a number of relatively low-budget small partnerships. If you use the average earnings of the equity partners at the fifty most profitable law firms (as ranked by Am Law) in 2012 the gap grows a lot more. In 2012 the wealthiest American law firm partners earned $1.6 million, thirty-two times what a solo practitioner earned.
And let me cut anyone off at the pass who is thinking “$1.6 million sounds good. Shouldn’t I go to law school? There’s a visible uptick for partners in 2012!” Is it a good time to go to law school? Hardly. First, note that there are (and have always been) way more solo practitioners than law firm partners. So don’t go to a law school outside the top 10 unless you’re willing to work as a small firm lawyer, and earn what solos and small firm lawyers earn.
Second, while there has been a rebound in law firm growth, it has not been evenly distributed. The top 25 most profitable firms have done best of all, the top 50 firms earn more than the next fifty and so on down the line. So yes, growth has returned, but mostly at the tippetty top. So if your question is, “How’s life at Cravath, Swaine and Moore?”, then the answer is peachy. If your question is, “has the legal market recovered enough that it’s a good time to spend as much as 200k on a law degree?”, the answer is still no.
Glenn and I obviously ride or die with the University of Tennessee, which is consistently rated as a pretty good deal. If you get into a top law school and receive a scholarship or a steep discount in tuition, go for it. If you are going to pay in-state tuition at a school with a big alumni network and a history of getting their graduates jobs, fine. But if you’re going to pay full freight (especially at an expensive and poorly ranked law school), because you’re pretty sure les bon temps will roulez again, the good times were never that good for most lawyers, and even those good times won’t be back any time soon.
JUST GOOGLE IT: The precipitous decline in reference inquiries at college libraries.
PRESUMED GUILTY: DUE PROCESS LESSONS OF THE DUKE LACROSSE CASE (VIDEO): One year ago this month, we released a short documentary about the lessons of the Duke Lacrosse case as a potent reminder of the danger of rushing to judgment. I think every student in the country should watch it before heading off to college. (And they should also study our Guide to Due Process and Campus Justice.) Check out the short doc below, which features the inimitable KC Johnson:
IN THE MAIL: From Rory Miller, Conflict Communication: A New Paradigm in Conscious Communication.
GOING TO FLORENCE IN THE SUMMER? At Bloomberg View, I’ve got advice for enjoying some less crowded sites, including where to see Galileo’s telescope–and his finger.
DAMON ROOT: The Kelo Debacle Turns 10:
Looking back over the past 10 years, it’s clear that Kelo was a disaster on virtually every level…. Kelo was wrong the day it was decided 10 years ago today and it has only gotten more rancid with age. If any modern case deserves to be overruled by a future Court, Kelo is it.
And while you’re at it, buy and read Damon’s excellent book, Overruled: The Long War for Control of the U.S. Supreme Court in which he explains the current fight against the judicial philosophy of “deference” that gave us Kelo and other constitutional abominations in our history.
NORTHWESTERN UNIVERSITY’S ACADEMIC FREEDOM PROBLEM (SEX EDITION). After censoring a bioethics journal for over 14 months, Northwestern University now demands its content be reviewed by administrators and public relations officials if it wants to continue publishing. Have they learned nothing from the Laura Kipnis craziness?
OBAMA TO MOSQUE PROTESTERS AT RAMADAN DINNER: ‘Stop Yelling and Start Listening.’
As Andrew Klavan pointed out way back in 2009, for the left, it really all boils down to demanding the other side simply shut up, doesn’t it?
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QUESTIONS THE MSM WOULD PREFER NOT TO DISCUSS:
Now that this flag debate is over, maybe we can ask what's driving black families to flee the North for the South. http://t.co/SYEYS8SG7o
— David Burge (@iowahawkblog) June 23, 2015
“BUT… TO FEEL THE INCREDIBLE CHARISMA and ease at which this guy handles himself. … I was a bit of a nervous wreck and he immediately put me at ease. I don’t know how, I’m not easy to put at ease. I’m a nutbag.” Marc Maron comes in for a landing after the uncanny experience of recording a podcast in his garage with the President of the United States.
VERMONT STONERS HARDEST HIT: “Vermont residents might have to go hungry — or drive into New Hampshire, upstate New York, or even Boston, for food — because of their state’s new GMO (genetically modified organisms) labeling law that takes effect July 1, 2016. At the very least, they might have to say goodbye to an American icon of corporate cuisine creationism that contains not one drop of nutrition, the Twinkie.”
Remember during the Clinton era when David Brooks was describing Vermont as being “relatively apolitical?” Good times, good times.
CARLY FIORINA: “We’d Better Have a Nominee Not Afraid to Throw Punches All Night Long.” Plus, Fiorina tells PJM what she would do to battle Chinese hacking of federal government databases.
THEODORE DALRYMPLE: Can Dual Prescriptions for Opioids and Tranquilizers Increase Your Risk of Dying?


