law

Proving Discrimination Is Almost Impossible

Teresa Wagner’s lawsuit against the University of Iowa law school ended a few weeks ago when a jury declared that the school did not submit her to political discrimination when it rejected her application for a job. Wagner made a second allegation–that her equal protection rights were violated because the law school held her political […]

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Preferred and Prohibited Discrimination

Is the Fourteenth Amendment inferior to the First? If states are generally prohibited from discriminating on the basis of political identity, why should they be allowed to discriminate on the basis of racial identity? Consider Teresa Wagner’s much-discussed lawsuit against the University of Iowa College of Law for not hiring her due to her political […]

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FIRE Singes the Censors

How time flies. In 1987, a new breed of speech and harassment codes and student indoctrination were unleashed on college campuses across the land. Thus, what Allan Kors and Harvey Silverglate famously labeled the “shadow university”–the university dedicated to censorship and politically correct paternalism–is now at least 25 years old. The public recognized the consequences of […]

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The Perils of Law Schools and Their Rankings

It may be inevitable: “gainful employment” rules for law schools. “Gainful employment” is a term of art coined in the wake of the U.S. Education Department’s regulations last June governing for-profit colleges and similar vocational institutions from which many students emerge with student-loan debt and few prospects for working at jobs they were trained for. […]

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A Law Professor Takes on the Victimhood Industry

                                           Keeping quiet can seal your fate if you are a professor facing a campus kangaroo court after being accused of racial “harassment” over your classroom speech. Free-speech advocates use adverse publicity to save wrongly-accused professors from being convicted and fired. They put to good use Justice Brandeis’s observation that publicity cures social evils, […]

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What’s Wrong with the Law Schools

By Frank J. Macchiarola and Michael C. Macchiarola As law schools have come under fire on many fronts, the growing cost of tuition has drawn the most attention.  This is not surprising, given the shrinking job market for lawyers and tuition increases that have far outpaced the general cost of living for more than two […]

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Honor Codes and Affirmative Action

I recently posted an essay here about a racial hoax at the University of Virginia Law School that quickly became an issue implicating the University’s honor code. Briefly, Johnathan Perkins was an attractive third year UVa law student from what could be described as a civil rights family inasmuch as both his father and grandfather wrote […]

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Diversity, Honor and Double Standards at UVa

The University of Virginia Law School held its commencement on May 22, and not a moment too soon. “Not since Teddy Kennedy was speeding through town and picking up reckless driving tickets in the late 1950s,” The Hook, a Charlottesville weekly, reported, “has UVA Law School seen so much scandal.” Since those scandals involved race […]

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A Sad Performance by Two UVA Law Professors

Below, Mark writes about the remarkable case of Jonathan Perkins, the third-year law student at the University of Virginia who fabricated an incident of racial profiling–and, at least as it now appears, has faced no consequences for doing so. Shortly after Perkins spun his tall tale, and before the UVA police had verified that an incident of […]

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No Punishment for the Crime

A psychiatrist once told me, “When people do something wrong, you’ve got to tell them.”  She meant it not as a moral point, but a psychological one.  If people don’t hear somebody else say, “That’s wrong,” an essential element of psychological advancement is missing.   The principle bears upon a case in Virginia reported today […]

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The Law Professor Versus the Thin-Skinned Feminist

The year was 1996. Bill Clinton was serving his first term as president. Barack Obama was a civil-rights attorney in Chicago who had yet to hold any public office. It was that long ago. According to J. Patrick Kelly, vice dean of the Widener University School of Law, 1996 was the year that Professor Lawrence […]

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“You will cheer and smile! And you will like it!”

The first remarkable aspect of the case intriguingly captioned John Doe, Father of Minor Daughter H.S. v. Silsbee Independent School District, are the facts: Administrators at a public high school in Texas threw a female student off of the cheerleading squad because she refused to cheer for one particular member of the basketball team—a fellow […]

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Dean Minow’s Superiority

Awhile back, I wrote about Dean Martha Minow of Harvard Law School, highlighting (with Peter Bercowitz’s help) her misrepresentations of a student email that raised questions about racial differences in intelligence. There, I concluded that Minow “disregarded what may be the first principle of academic discussion: to represent the words and ideas of others accurately […]

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Make-Believe Grades for Real Law Students

Almost every morning, after taking a shower, I get on the scale to see if I have lost some of the extra weight that I do not want or need. I have tried many ways of shedding the pounds, with diet and exercise at the top of the list. The pounds refuse to disappear. After […]

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Minow’s Whale of a Mistake

The controversy at Harvard Law School over last month’s email about racial intelligence seems to have died down. The basic facts of the case are these: a Harvard law student who is an editor of the Harvard Law Review sent an email to two friends as a follow-up to an earlier conversation. In it she […]

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A Racial Flap at Harvard Law

Stephanie Grace, an editor at the Harvard Law Review, has been outed as the third-year student who emailed to two friends her opinion that “I absolutely do not rule out the possibility that African-Americans are, on average, genetically predisposed to be less intelligent.” That triggered yet another racial flap at Harvard Law, with the school’s […]

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Shall We Rank Law Schools for Diversity?

Two law-school professors, Vikram David Amar and Kevin R. Johnson, recently published a piece in FindLaw.com on “Why U.S. News and World Report Should Include a Diversity Index in its Ranking of Law Schools.” Early on, the piece notes a research finding that, by including in its law-school index the LSAT scores and undergraduate GPAs […]

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The Failure Of For-Profit Schools

Why do our for-profit colleges seem so disappointing? Why are they plagued by high levels of student debt, high loan-default percentages, dismal graduation rates, and third-rate reputations that lead some employers to reject their graduates automatically? Sure, back in the old days there were plenty of commercial schools whose sole raison d’etre was apparently to […]

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Does U.S. News Make Law Schools More Expensive?

By Frank J. Macchiarola and Michael C. Macchiarola Why do law schools charge higher and higher tuitions that keep outrunning the cost of living? In the two decades ending in 2007, according to the American Bar Association, the cost of attending the average private law school (including tuition and fees) more than tripled–increasing from $8,911 […]

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Where Not To Be A Federalist Society Member

Last Sunday, the New York Times’ “Ethicist” column featured a letter from a lawyer loath to hire internship applicants that belonged to the Federalist society. Randy Cohen, the “Ethicist” suggested that disqualification on the grounds of their membership was unfair. The lawyer went ahead and rejected all applicants who were members anyway. Ilya Somin, at […]

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Who Is the Real “Fascist Bastard”?

The case of Jonathan Lopez, the Los Angeles Community college student who allegedly was called a “fascist bastard” by his speech professor for delivering a Christian speech, has indeed touched a nerve, as his lawyer, David French of the Alliance Defense Fund said. Once again the mainstream press got a few things askew. The Los […]

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A Candidate Worth A Vote

The inestimable Harvey Silverglate has launched a candidacy for Harvard’s Board of Overseers, and quickly, the relevance of his effort is being noted. The student-run Harvard Law Record is scaling back its publication schedule in the face of several difficulties, notable among them being Harvard’s reduction of alumni distribution. As they write: [T]he replacement of […]

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New Questions About The LSAT Validity?

A just-released study from the University of California-Berkeley’s law school points out that the Law School Admissions Test, a sort of SAT for applicants to law school, focuses lopsidedly on takers’ cognitive skills while overlooking key non-cognitive traits possessed by successful lawyers. And no, that doesn’t mean an aptitude for ambulance-chasing or filing phony class-action […]

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Accepted To Harvard Law? You Don’t Need Grades.

If you think that student life at an ultra-elite law school is a page ripped out of The Paper Chase—one long, frighteningly competitive grade grub under the icy eye of a clone of the movie’s fictional Prof. Charles W. Kingsford Jr.—think again. At Yale Law School, grades have been strictly optional since the 1960s (students […]

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No Letter Grades At Harvard Law School?

The Harvard Crimson today reports that, beginning in 2009, Harvard Law School students will no longer receive letter grades, and will instead be evaluated simply on a modified pass-fail system, consisting of “Honors” “Pass” “Low Pass” and “Fail”. Yale and Stanford have similar grading systems. An obvious point of objection was raised: According to Richard […]

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The ABA’s Diversity Agenda

The ABA is very big on diversity. To satisfy its standards, nearly all law schools must seriously relax their admissions standards for minority students. But how many of so-called beneficiaries of affirmative action are graduating and passing the bar? And how many are winding up with nothing to show for their trouble but students loans? […]

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Don’t Agree With The Law? No Problem – Just Ignore It.

Advisers to student newspapers, on both the high school and college level, sometimes lose their jobs for backing student journalists who report stories displeasing to school administrators. Or under the implied threat of being fired, faculty advisers may steer the journalists in a direction the administration wants them to go. So the California legislature overwhelmingly […]

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A Citizen’s Guide To Disciplining John Yoo

The punditocracy has offered up a wide range of answers to the question of what should be done about former Department of Justice legal counsel and author of the infamous “torture memos,” John Yoo. Suggestions have included indictment, professional discipline or even disbarment, and termination from his tenured position at the University of California-Berkeley’s Boalt […]

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CUNY Schemes Around Civil Rights Law

At a recent Manhattan Institute forum, Ward Connerly, the fierce opponent of race and sex preferences by government (who’s leading a state-by-state referendum drive to abolish affirmative action) admitted how the Bush Administration has disgraced itself by endorsing racial and gender-conscious policies and practices. Connerly did not give examples, but one glaring illustration is President […]

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Donors – Remember Princeton

The case of the Robertson Foundation versus Princeton University has not, after nearly five years of litigation, yet come to trial. But it’s already shaping up to be the most expensive donor intent case in history. Reports of spending by the Robertson family differ, but news reports indicate the family may have spent as much […]

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