Other posts related to law-professors

Admitting Foul Play At AutoAdmit

Lincoln Adams | June 16, 2007 @ 6:17 pm

There’s been some discussion going around about the recent AutoAdmit lawsuit that was recently filed, and since I previously read about some of the details on Feministe a few months back, I thought I’d share my own take on it here.

You know, let’s face it: The Internet is not a safe place. There are some whacked out loonies on this box that would give even steely Chuck Norris the creeps (…ok maybe not Chuck Norris, but you get my point). Yet the women involved here (whether they were parties to the suit or not) had an unfortunate tendency to post their real names and upload pictures of themselves online, whether in galleries like Flickr or other settings, and sometimes these photos could be a bit, uhh… alluring.

They certainly had a right to do so if they wanted to, and to say that their actions meant they were automatically “asking for trouble” is plainly sexist to me. The problem though is that their behavior also exhibited a sense of naivete as to the dangers of posting personal information about yourself online, especially if you’re an attractive looking woman. I can understand their grievance here however, that if a guy can post details about himself and not get any flak for it, then the same should hold true for a girl.

But that’s not reality. Hell even I’ve been threatened to be sued, stalked, my server hacked and God only knows what else, and I’m a GUY. That’s partly why I don’t reveal too much about myself and use a pseudonym for blogging.

Even more, nothing superbly made the point as to the dangers of exposure on the Internet, than the recent hoopla over a certain high school pole vaulter who had suddenly become a Google trend and the topic of many rude and coarse discussions, all because of ONE professional photograph that had been taken of her (and no I’m not giving the name or posting a photo, so sod off horndogs). It all underscores the sad reality that the more info you post about yourself online, the more you leave yourself open for tremendous attack (or unwanted attention), no matter what gender you are. So as much as it might pain some proud feminists to do so, please, for your sake, be wise when posting content of a personal nature on the Internet.

Now let’s examine the other side of the equation, how some of the commentators at AutoAdmit treated the female law students in question…

I think here I’ll simply reiterate what I said on Ann Althouse’s blog (edited for clarity):

No offense Ms. Althouse, but you (and other law professors like Reynolds) basically flipped off the female law students in question and dismissed their initial fears out of hand, while completely glossing over the stalking elements of the AutoAdmit threads. If you showed any true sympathy for their plight as you claim, it must have been in passing, because that certainly wasn’t the impression I had when reading your thoughts on the subject.

The threads didn’t merely contain off the wall comments, but disturbing material that encouraged criminal behavior and put the targeted law students in legitimate fear for their safety. You had much to say about the students’ fear of being able to find work as a result of this mess, but to THIS you offer few, if any words of genuine sympathy.

While I personally do think a degree of it is hyperbole, including the issue of whether these threads could dramatically affect their career goals (it may or may not), there are other issues to consider, and even if the cause of action to bring suit lacks merit, it may be because the plaintiffs in question saw no other recourse. They asked that the threads be taken down, and as far as I know the administrators flipped them off (even now). The refusal to remove threads that discussed rape fantasies, listed addresses of the victims, encouraged quasi-paparazzi behavior (and God only knows what else) may be an exercise in free speech in your view, but it also showed a gross and utter lack of common decency. Yet for all this talk about copyright issues and damage to career prospects, etc., little has been said about the more disturbing (and yes violent) elements of the AutoAdmit threads here. Ciolli not only lost his job offer over it (as it appears), but he may have also inadvertently opened the door to the introduction of new case law (presuming this lawsuit actually has wheels) that could potentially assign some degree of culpability and liability to the administrators of Internet message boards for the future, all because this asshat refused to do the right thing in the first place. Insane laws always get started like this too. Because one jerkwad couldn’t be bothered to do the right thing, the rest of us have to pay for it.

In regards to free speech, some may remember the pressing issue of whether simply posting a list of home addresses to abortionist doctors on an anti-abortion website (and nothing else) constituted legitimate free speech. Yet to what purpose would this serve? That it might come up on Jeopardy one night? Compare this to posting the addresses of the female students on AutoAdmit and then making rather umm, rude suggestions on what to do with that information. Is this still protected free speech?

Such issues of free speech is a grave subject not to be taken lightly. But what some of the AutoAdmit members did was incredibly atrocious, and if we can agree on that, what then should have been the proper recourse, if not this lawsuit? From this side of the valley the answers collectively seem to be: just ignore it.

Are you kidding me? If candid snapshots of me were posted on an hostile forum complete with my home address and healthy discussions on what Big Bruno would like to do to me once he gets his hands on me, I’m supposed to IGNORE this? I think I can understand now why some feminists might not like conservatives very much.

It’s also surprising to see law professors who are charged with teaching proper legal analysis to their students, analysis that requires a careful evaluation of ALL sides, would resort to making treatises that would be so obnoxious and embarrassingly one dimensional in tone here.

Law professors. Ugh. The scummiest kind of lawyers indeed. :sick:

You know, it does seem to me that some of the blogging law professors’ reaction to the law students’ complaints have been obnoxious to say the least, and it’s unfortunate to see them have an overbearingly overexposed presence in the blogosphere. But then again what other occupation pays you a 6 digit salary with a work week of only 8-10 hours and the possibility of tenure, (which curiously enough leaves you all the time in the world to blog?) :D

1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading ... Loading ...

No Comments »


Time is on Their Side, Yes it Is!

Lincoln Adams | August 29, 2006 @ 7:14 pm

Caught this interesting news piece:

On June 27, 1995, the Department of Justice(DOJ) filed a complaint formally charging ABA with fixing professors’ salaries and other violations of the Sherman Anti-Trust Act. It charged ABA with furthering “the self-interest of professors instead of improving education,” Hagan said. Although ABA agreed to a DOJ consent decree at the time, Hagan said this did not put an end to ABA’s restrictive practices. “Even after the consent decree, the ABA continued to require schools to hire huge, expensive full-time faculties who had light teaching loads, to build expensive buildings costing millions of dollars, to have a huge and expensive hard copy library even though legal materials are available on-line, and to demand high LSAT scores from applicants.” Hagan reflected, “The decree did nothing to open law schools to persons who had been unfairly excluded.”

If you ever wondered how law professors manage to find the time to become such prolific bloggers, now you know. :grin:

1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading ... Loading ...

No Comments »


Advice For Law School: One Man’s Critique

Lincoln Adams | August 26, 2006 @ 8:51 pm

Lately the blogosphere has been dishing out advice for beginning law school students by the dozen, mostly by professors offering a suggestion or two on how to survive law school. Some are good, the rest make me wonder what reality these people are living in. And while there’s plenty of suggestions on how to perform well in school to go around, so far no one has given these “pearls of wisdom” a critical look to see if they’re truly worth their weight in gold. Enter, yours truly. :shades:

Below contains a summary of most of the advice I’ve found so far, followed by my own personal critique. Note: I found tips for students going through orientation and some advice that dealt strictly with how to brief cases, but I decided to ignore them since they don’t deal with the overall picture.

Suggestion #1: Develop a strong work ethic.

My initial response: No @#$% Sherlock. Honestly, this could apply to just about everything else in life, and if a student hasn’t learned by law school the value of having a strong work ethic, he never will. I don’t know what’s worse, that this is the kind of advice law school students are being given, or the fact that some feel it’s necessary to reiterate those life lessons we should have already learned in kindergarten.

Suggestion #2: Working smart is as important as working hard.

This might have been helpful, except virtually no information is given on how a student can work SMART. Instead we’re just fed some analogical anecdotes that tell us nothing. Anyone with a positive IQ point knows they have to work smart as well as hard, but the key issue is, HOW? We’re not told that here.

Suggestion #3: Read the materials in casebooks actively/Do the reading.

It’s true that law school isn’t about memorizing and regurgitating legal rules, but about learning how to skillfully perform legal analysis. However, being an avid reader in casebooks is a moot point if you’re not told WHAT to look for, as if earnestly reading badly written casebooks will somehow magically impart in you the skills necessary to perform a lawyerlike analysis. The truth is you have to first KNOW the law (otherwise known as Black Letter Law), before you can learn analyzing it and then applying it to various scenarios (fact patterns). But the necessary Black Letter Law can be so buried inside the casebooks that you may end up wasting eons of time just trying to find the relevant BBL before doing anything else, much less taking a crack at doing legal analysis.

Suggestion #4: Refrain from using a lot of study aids.

We’re told here that study aids can be inaccurate, and even if they were accurate, relying on them would discourage the hard work needed to perform legal analysis. Yeah right. What study aids, (specifically ones like primers and commercial outlines) can do is give you the BBL plain and simple, making it far easier for you to learn and internalize the relevant law, and thus provide a foundation for which you can learn how to perform a lawyerlike analysis of fact patterns. You CANNOT analyze cases and fact patterns until you first become familiar with (and have internalized) the relevant Black Letter Law. Good study aids can help you accomplish this by helping you learn BBL in a straightforward and easy to understand manner.

Suggestion #5: Don’t think about exams right away.

The professor bemoans over how too many students are concerned about exams and even ask questions about it on the first day of school. Might that have something to do with the fact that for the most part, a student’s grade for the class will be almost completely based on one final exam? Naturally that’s going to make a student a wee bit curious about the exam’s contents, and how can he can appropriately prepare for it beforehand.

Suggestion #6: Treat law school like a job.

This one isn’t so bad. I would venture so far as to say you should treat law school like a FULL-TIME job. I’m sure a lot of student suffer from a “party mentality” that they developed during their undergrad days, and find themselves dismayed at the thought that law school will require them to actually have to WORK for their grades. Time-wise, investing 40 hours a week towards your studies is not bad advice, especially if you are studying the right way, and it emphasizes the importance of creating a schedule that will bring some order to your daily routine, helping you to balance studying time with free time without sacrificing either.

Suggestion #7: Exercise.

Duh.

Suggestion #8: Maintain outside interests/Take a break every now and then from law school.

It’s certainly a given that law school should not be your WHOLE life. But there’s something wrong when law school seems to create such an isolating environment that students feel they have no choice but to let it monopolize ALL of their time at the expense of everything else, including their relationships with family and friends. It’s one thing if it’s because law school is just uniquely demanding, but it’s quite another when a large part of it may be because of a badly flawed pedagogy that often sends students chasing after their own tails.

Suggestion #9: It’s ok to feel lost.

Gee, thanks. Instead of being a part of the problem, why not be a part of a solution and develop a teaching method where students WON’T feel so lost? And no, it’s NOT ok to feel lost because we SHOULDN’T be feeling lost to begin with. What are we paying you guys for anyway?

Suggestion #10: Talk to your professors and ask them questions.

After admitting to the shortcomings of legal education, we’re entreated here to approach our professors outside the classroom for help. This might be all well and good if A) the professor has sufficient enough time to help you out and B) he actually happens to be a GOOD teacher. But if not, what then? And what if you have a REALLY bad professor, as opposed to one who is merely an incompetent idiot? In many cases these very professors are perpetuating the students’ problems in trying to learn the law. Talking to them may help you get a sense of what they are looking for, but if they’re the sort that love to play hide the ball and other mind games, then this kind of advice won’t take you very far.

Suggestion #11: Take classes based on who the professor is, not what the subject is.

This is very good (and telling) advice. I’ve heard elsewhere that the best classes students ever had was not because of the subject, but because the professor was so good. This may not apply to first year law students who’ve had their schedule preprepared though, but if you can choose your professor, even if the subject sounds drop dead boring, it would be sorely worth it just to sit in a class where the professor has an excellent reputation.

Suggestion #12: Take practice exams.

YES. ABSO-FREAKING-LUTELY. Taking old exams given by professors in the past is one of the best ways to prepare yourself for the real one. Practice does make perfect, and being able to practice on old
exams is an opportunity you should never pass up. More importantly, start taking practice exams early in the semester (maybe about midway). Do not start taking them a week before the final exam. This is something you should work on throughout the semester rather than as a means of cramming for the final exam.

Suggestion #13: Go to class.

This just in: water is wet.

Suggestion #14: Law school is tough. Deal with it.

This one gave me a headache. After being told law school will suck up all my time and then some, I’m then advised that one way of dealing with the stress is to (you guessed it), make time for myself and my family.

Suggestion #15: Use law review articles to help learn and understand the material.

I’m not sure about this one, as this is the first time I’ve heard of the use of law review articles as a study aid. She does make a point about Commercial Outlines not being sufficient unto themselves, since they only convey black letter law without providing the reasoning (or policy) behind them. That’s where the use of a good primer comes in though.

Suggestion #16: Find out what works best for you.

As LawMommy would say, this one should be emblazoned on a t-shirt, not because it’s good advice, but because it’s been said repeatedly, over… and over… and over… and over again. :spinna:

Closing Thoughts:

Blackprof.com offers some of the better advice for law students that I’ve found so far, and Madisonian.net also offers a few tips definitely worth looking into (with the possible exception of the suggestion that you should brief every day). As for me personally, I indicated before that I believe legal education is (or should be) a two step process: 1) To learn and internalize Black Letter Law and 2) Applying your knowledge of Black Letter Law to different scenarios and fact patterns. I honestly believe it can be as simple as that, but for whatever reason there seems to be a perpetual need to inject mystical qualities into the law by the powers that be, making it far harder to master than it should be. I suspect a lot of it is by design, and is being perpetuated by little more than elitist snobbery.

1 Star2 Stars3 Stars4 Stars5 Stars (3 votes, average: 3.67 out of 5)
Loading ... Loading ...

2 Comments »


Law School in a Nutshell

Lincoln Adams | August 5, 2006 @ 8:21 pm

I wrote a lengthy comment to a post on the Volokh Conspiracy that offered some advice to those about to start law school, and after rereading through it, I felt it was coherent enough to merit posting here (with some grammatical changes). Even though my law school plans have been scuttled this summer, the least I can do is offer some suggestions and insight to those of you who are going on without me. Hope you find it helpful!



Show me more… »

1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading ... Loading ...

9 Comments »