Showing posts with label Legal Education. Show all posts
Showing posts with label Legal Education. Show all posts

Wednesday, September 16, 2026

Appellate Lawyers Association seeks volunteers for November Moot Court competition

The Appellate Lawyers Association is looking for judges and sponsors for its annual Hudson Memorial Moot Court Competition. The competition will take place on Friday, November 6 and Saturday, November 7. The November 6 sessions will be held at DePaul University College of Law; the November 7 sessions will be held at the Richard J. Daley Center.

Lawyers are needed to judge oral arguments as follows:

  • Preliminary Round 1 (11/6 from 9:00 a.m. to 11:00 a.m.): 40 judges needed

  • Preliminary Round 2 (11/6 from 11:30 a.m. to 1:30 p.m.): 40 judges needed

  • Preliminary Round 3 (11/6 from 3:00 p.m. to 5:00 p.m.): 40 judges needed

  • Quarterfinal Round (11/7 from 9:00 a.m. to 11:00 a.m.): 12 judges needed
  • The ALA has recruited sitting and retired appellate judges to preside in the semi-final and championship rounds.

    The ALA is also looking for 40 volunteers to grade competitors' briefs. Competition judges will receive CLE credit, but, unfortunately, current MCLE rules do not permit CLE credit for scoring briefs. (This is something the MCLE should remedy: Spending time and effort in review of students' briefs should also qualify for credit. Maybe more credit than judging.)

    Persons interested in volunteering as either judges or brief graders have to complete a registration form. Email Brad Jarka at bradleyjarka@gmail.com to request a form.

    Lawyers and lawfirms also have the opportunity to serve as a sponsor the ALA Moot Court Competition (Bronze - $250, Silver - $500, Gold - $750, Platinum - $1,000). For a complete description of sponsorship benefits and opportunities, click here.

    The Appellate Lawyers Association of Illinois is an organization of lawyers who practice in Illinois state and federal reviewing courts and the judges who serve on those courts. Persons interested in joining are encouraged to apply for membership by submitting a membership application; click here to begin.

    Wednesday, September 02, 2026

    Diversity Scholarship Foundation announces scholarship application process

    Granted, most FWIW readers are long past the scholarship application stage (even if many of you are still paying off education loans), but some readers may know young persons who may be very interested....

    The Diversity Scholarship Foundation is now accepting applications for its 2027 scholarship awards. The application, and the eligibility requirements, submission rules, and other pertinent information (there's even a link to a FAQ page) can be found at this link. You can also reach the application from the DSF homepage... as the above poster indicates... but this should be easier. The application deadline is October 23.

    Tuesday, February 17, 2026

    "Spend a few hours as a Supreme Court justice without the confirmation hearings"

    That's the pitch the American Bar Association is making as it tries to recruit volunteer judges for the National Appellate Advocacy Competition (NAAC), to be held in Chicago from February 26 to 28, at the ABA Headquarters. NB: The use of the word "volunteer" in the preceding sentence means that judges in this competition will not have to worry about Supreme Court confirmation hearings... but they will likewise not have to worry about getting paid.

    Competition rounds are scheduled as follows:
    • Round 1: Thursday, February 26th (3:30 p.m.-7:45 p.m.)
    • Round 2: Friday, February 27th (3:30 p.m.-7:45 p.m.)
    • Round 3: Saturday, February 28th (8:30 a.m.-12:45 p.m.)
    • Round 4: Saturday, February 28th (1:00 p.m.-3:30 p.m.)
    • Round 5: Saturday, February 28th (3:30 p.m.-6:00 p.m.)
    Volunteers are encouraged to sign up for one round or several, individually or with groups. Clicking on this link should get you to the volunteer signup form. Questions or comments should be directed to erica.zepeda@americanbar.org.

    Tuesday, April 15, 2025

    TONIGHT: Kent HLLSA to honor Judge Diana López

    The Chicago-Kent Hispanic Latinx Law Student Association (HLLSA) will honor Cook County Circuit Court Judge López at its annual Judge's Night, tonight, Tuesday, April 15, frmo 5:00 to 8:00 p.m., at Chicago-Kent College of Law, 565 W. Adams Street.

    Registration is required, and may be accomplished through the HLLSA Instagram Page or, possibly, if I've done this correctly, by clicking on this link. No guarantees on the latter.

    Judge López became an associate judge in 2021. She ran for, and was elected to, a countywide vacancy in 2022.

    HLLSA was founded in 1987 by a group of Hispanic and Latinx students at Chicago-Kent with the goal of advancing members of the Latinx and Hispanic community through the legal profession, as well as offering support for Latinx and Hispanic students at the school. HLLSA now bills itself as one of the largest ethnic organizations at Chicago-Kent.

    Wednesday, March 05, 2025

    You too can be a judge!

    At least for a day... or a couple of hours, anyway.

    Yes, this is an example of a clickbait headline... and I apologize for stooping so low... but the American Bar Association Law Student Division National Advocacy Competition (NAAC) Committee is trying to recruit volunteers to judge the 2024-2025 NAAC National Finals, to be held April 3 and 4 at the Dirksen Federal Courthouse.

    The ABA is touting this as an opportunity to serve as a Supreme Court Justice without the torture and madness of Senate confirmation hearings. Also without the salary, benefits, or pension, but, hey, nothing in this world is perfect....

    There's even a possibility of CLE credit, although the ABA's promotional materials make no promises.

    Interested persons can sign up for one, two, or more rounds. Persons can even sign up as groups (although I am sure the organizers will try to accommodate, I wouldn't hold them to keeping your group together). The rounds, which include an hour for judge orientation, are as follows:
    • Round 1 - Thursday, April 3 - 8:30 a.m. to 12:45 p.m.
    • Round 2 - Thursday, April 3 - 1:00 to 5:15 p.m.
    • Octofinal Round - Friday, April 4 - 8:00 to 10:30 a.m.
    • Quarterfinal Round - Friday, April 4 - 11:00 a.m. to 1:30 p.m.
    • Semifinal Round - Friday, April 4 - 2:00 to 4:30 p.m.
    (Before this post, I believe I would have challenged the word "octofinal" if it were used in Scrabble.)

    I've given you the volunteer link, above. It is in the preceding sentence as well. Questions regarding the event can be directed to Erica M. Zepeda, the Law Student Division Program Manager for Early Career Strategy at competitions@americanbar.org.

    Tuesday, October 01, 2024

    Appellate Lawyers Association needs sponsors, judges for November Moot Court competition

    The Appellate Lawyers Association is looking for judges and sponsors for its annual Hudson Memorial Moot Court Competition, to be held November 1 and 2. The Friday, November 1 sessions will be held at DePaul University College of Law, while the Saturday, November 2 sessions will be conducted at the Daley Center.

    Non-ALA members are welcome to serve as judges or brief graders.

    Or sponsors.

    Or all of the above. Actually, the ALA would be probably be pleased as punch were you to volunteer to judge and write a check as a sponsor.

    There will be three sessions for the tournament's November 1 first round, at 9:30 a.m., noon, and 3:30 p.m. Thirty-four judges are needed for each session. Ten judges will also be needed for the quarterfinal round of the competition, on November 2, at 9:30 a.m. (Actual Appellate Court Justices will judge the semi-final and final rounds.)

    The ALA will also need 34 brief graders.

    To volunteer for one of these slots, click on this page of the ALA website and follow the applicable link.

    Judges will receive CLE credit for their service. The Supreme Court Rules do not permit graders to receive CLE credit. (Personally, this seems backward to me: Grading the briefs seems at least as credit-worthy as serving as a judge at one of these compensations -- but, to date, the Supreme Court has not solicited my views on the subject.)

    Now... about those sponsorship opportunities.... The ALA is offering four levels of sponsorship (Bronze - $250, Silver - $500, Gold - $750, and Platinum - $1,000). Only two Platinum sponsorships are available.

    The benefits appertaining to each level of sponsorship may be found by following the applicable links from this page of the ALA website. Yes, it's the same page as the one linked above. But you are clicking to a different link from this page.

    Unless, of course, you offer to both judge and sponsor. Which, as noted, the ALA would like very much....

    Thursday, October 19, 2023

    Area law schools to compete for the Chicago Cup

    Six Illinois law schools are co-sponsoring a mock trial competition from Thursday, November 9 to Saturday, November 11 and real trial lawyers and jurists are needed to judge the event.

    The participating schools are UIC-Law, Chicago-Kent, DePaul, Loyola, U of I, and Northwestern. All competition will take place in the courtrooms of the four downtown law schools. (Northwestern is even offering free parking.) CLE credit is available.

    Competition times are as follows:
    Thursday, Nov. 9 at 6:00 p.m.
    Friday, Nov. 10 at 10:00 a.m.
    Friday, Nov. 10 at 2:00 p.m.
    Saturday, Nov. 11 at 9:00 a.m.
    Saturday, Nov. 11 at 1:00 p.m.
    All judges must be in place 15 minutes before the scheduled start of competition.

    This year's fact pattern is a public corruption case (which may remind those old enough of Operation Greylord):
    In March of 2022, the FBI began “Operation Bluelady,” an ambitious investigation into allegations of corruption in the judicial system in the City of Wind. Operation Bluelady led to charges against numerous attorneys and judges in Wind. Among the first people caught up in the investigation was Blake Peters, a local attorney. Peters admitted to extensive involvement in bribery schemes related to traffic cases and agreed to cooperate with the FBI to collect evidence against others in an attempt to obtain a reduced sentence for his own crimes. Peters made successful cases against several attorneys. This case is the result of Peters’s attempts to collect evidence that Judge Mary Samuels was taking bribes. The FBI created a fictitious case and placed it on Judge Samuels’s docket. Peters then wore a wire and recorded conversations in which he attempted to bribe Judge Samuels. He then delivered an envelope including money for the bribe to Judge Samuels’s clerk, Trevor Flowers. Judge Samuels ultimately decided the case in Peters’s favor. Judge Samuels denies that any bribe took place and contends that she at most violated some ethical rules regarding ex parte communication with litigants.
    Persons interested in volunteering should click here for a registration form. Questions about the event should be directed to joshua.jones@law.northwestern.edu or navarrok@uic.edu.

    Tuesday, February 21, 2023

    Lots of new judges needed!

    Oh, dear. I suppose, looking at it now, that is something of a 'clickbait' headline, isn't it? Especially for a lot of FWIW readers.

    However -- since you've read this far anyway -- perhaps you will continue....

    The American Association of Justice Law Student Committee is seeking lawyers and judges to volunteer as judges or jurors for the 2023 AAJ Student Trial Competition.

    The competition will feature 650 students competing on 160 teams across 10 regions. The Chicago area is in the Midwest 2 Region. All regional rounds will held via Zoom from March 2 through March 5. Some 1400 judges and attorney jurors will be needed.

    Participating Illinois attorneys will be eligible for CLE credit. AAJ will not be providing CLE credit but will provide a certificate of attendance for those who attend its judges' training sessions and a free voluntary webinar on implicit bias.

    Persons interested in being one of these should click here.

    For any questions about volunteering for this competition, email navarrok@uic.edu, jennifer.rafter@justice.org, or dloverde@powerrogers.com.

    Thursday, February 24, 2022

    Volunteer judges needed for Student Trial Advocacy Competition

    UIC Law School (the law school previously known as John Marshall) will be co-host to the Midwest 2 Region of the American Association of Justice's 2022 Student Trial Advocacy Competition (STAC) from March 10 to March 13.

    According to Kelly Navarro, Director of the UIC Law Trial Advocacy and Dispute Resolution Program, 160 teams will compete in three STAC qualifying rounds, semi-finals, and a final round where winners will move onto the national finals. National winners will receive scholarships and the opportunity to attend the AAJ Annual Convention.

    The Chicago portion of the event, at least, will be held online.

    Volunteers are needed to serve as judges for the Chicago event on any of these dates or times:
    • Thursday, March 10: 4:30 - 7:30 p.m.
    • Friday, March 11: 2:30 - 6:30 p.m.
    • Saturday, March 12: 9:30 a.m. - 12:30 p.m.
    • Saturday, March 12: 1:30 p.m. - 4:30 p.m.
    • Sunday, March 13: 9:30 - 12:30 p.m.
    CLE credit is available for lawyers who assist in judging the STAC competition.

    Interest persons need to complete and return this form. The 2022 AAJ STAC Problem Rules are also available from that linked signup page. Questions about the event should be directed to Ms. Navarro at navarrok@uic.edu.

    Monday, November 08, 2021

    Advocates Society accepting applications for law school scholarships until November 15

    While, presumably, for most FWIW readers, law school is but a happy (or unhappy... maybe even largely suppressed) memory, readers may know of students who might be interested....

    The Advocates Society, the Association of Polish-American Attorneys, is accepting applications for its annual scholarships to students attending law school in Illinois. The deadline for applications is November 15, 2021.

    All the details, and a financial aid application, may be found at this page of the Advocates website. In general, however, full-time students enrolled at fully accredited U.S. colleges or universities are eligible to apply. Here are some of the other basic requirements and criteria announced by the Advocates:

    1. Seniors at the undergraduate level may apply if they have been accepted at an accredited law school (students deferring acceptance will forfeit any scholarship, but may reapply at a later date);

    2. Graduate students pursuing a juris doctorate degree may also apply;

    3. Applicants must be a U.S. citizen of Polish heritage or documented legal alien of Polish heritage or affinity;

    4. Applicants must be in good academic standing and document financial need;

    5. Applicants cannot be a member, family member, substantial contributor or a family member of a substantial contributor of the Polish-American Advocates Scholarship Foundation;

    6. Applicants must be a resident of the Chicago Metro area for at least 4 years prior to application (proof required); and

    7. Applicants must be able to attend an interview in late November VIA ZOOM and an Awards Presentation Ceremony in mid-December of 2021.

    Thursday, September 09, 2021

    University of Chicago looking for Moot Court judges

    I was going to make some snide comment about this being the only way I could hope to get into the University of Chicago... and then I noticed that the Fall Invitational Moot Court will be virtual on Zoom. *Sigh*

    But the University of Chicago is looking for judges for its Fall 2021 Moot Court Invitational, to be held October 15 and 16. Interested persons can fill out this interest form. Questions about the tournament should be directed to uofcmootcourt@gmail.com.

    --------------------------
    H/T Jennifer Barron

    Saturday, May 29, 2021

    Judges' groups provide scholarship opportunities for aspiring lawyers

    While a lot of FWIW readers (most of 'em, at this point in the election cycle) long ago realized their ambitions of becoming lawyers, some readers may know young people just embarking on their law school careers. Some of these may wish to notify some of those about scholarship opportunities offered by the Illinois Judges Foundation and the Alliance of Illinois Judges.

    The deadline to apply for the AIJ scholarship is June 4. Any LGBTQ+ law student who will be attending any accredited Illinois law school during the 2021-2022 school year is encouraged to apply. For details, including how to submit an application, visit this page of the AIJ website.

    The IJF scholarship application deadline is June 21. Applicants must not be closely related to a judge, must be enrolled in an Illinois law school, with at least one more year to go (incoming first year law students are not eligible), a record of pro bono service, and financial need. For more information, including how to submit an application, visit this page of the IJF website.

    Friday, March 05, 2021

    COVID-19 update -- and a non-political question about mask mandates

    As we approach the first anniversary of our two-week shutdown, let us take stock of where we are:

    • The Cook County Chief Judge's Office announced on Tuesday of this week that two more employees had tested positive for COVID-19, one who works for the Adult Probation Office in Bridgeview, the other in the Social Service Department at the George N. Leighton Criminal Courthouse. This brings to 280 the current total of employees of the Chief Judge's Office who have tested positive for COVID-19. There have also been 21 judges (out of a total of about 400) who have testested positive;

    • The Chief Judge's Office announced on February 24 that criminal jury trials will resume this month, with the first of these planned for 26th Street on March 22 and in Bridgeview on March 29;

    • The number of COVID-19 cases is unquestionably going down in Illinois, at least at the moment. Last October 25, there were 4,062 new cases. The day before, a Saturday, there had been 6,161. I looked at the numbers again in November -- and on November 10 there were 12,623 cases reported. But, then, the State had started counting, and reporting, cases differently: In early November the State began reporting actual and probable cases. This is still how things are being done -- but yesterday, according to IDPH, there were 1,740 new and probable COVID-19 cases. That's a lot more than the 12 -- not a typo -- actually just a dozen -- cases that were reported on March 16, 2020, just before the world ended -- but, clearly, a considerable improvement over last fall;

    • The one-shot Johnson & Johnson vaccine is now being administered in the Chicago area. That brings to three the total number of vaccines that none of us can get yet. And, actually, that is already an exaggeration: My wife and my youngest son, both teachers, have received their first doses of vaccine. While most people I talk to have not yet received a vaccine, almost everyone actually knows someone who has. It is coming. Eventually.

    And with the decline in cases, and the increase in vaccine availability, government officials are starting to ease restrictions of businesses, including restaurants and bars, here and across the State. There will be an NCAA Men's Basketball Tournament this year, with some fans permitted, although the tournament will be played in a "bubble" in Indianapolis instead of at sites around the country. Fans are sitting, socially distant, in the stands at Spring Training games in Arizona. Many of these moves---most of them, I believe---have been met with relief and even cautious applause.

    Governors in Texas and Mississippi have gone so far as to lift mask mandates in their states, however, and the media, and my Facebook and Twitter feeds, are all in high dudgeon. President Biden has chastisted these as "Neanderthal" moves.

    Do not worry: This in not going to be a Political Post. Some readers grouse when I stray too far from #CookCountyJudicial posts, admonishing me to stay in my lane. I don't see how I'm ever going to get a cushy gig on a Sunday morning news panel if I don't branch out into national topics -- I can be just as loud and just as wrong as any of them if only given the chance. That, and a good toupee.

    But put that aside for the moment. At this point in the electoral cycle, we are mostly lawyers and judges here. Words are our stock and trade. Words like "mandate."

    When we use the word "mandate" or "mandatory" we mean that something must happen or someone must do something. When a mandatory disclosure date is set, and passes, and nothing happens, we lawyers can expect more than just a rueful sigh from the judge presiding. A mandatory deadline can be extended, of course (and thank God for that, too, or I'd have been disbarred a hundred times over), but, at some point, a line is drawn in the sand, and consequences will obtain if we fail to comply with that last and final, double-secret probation deadline.

    I assume that all of you reading here are compliant with our local mask mandates. I have heard masks analogized to pants -- neither is required for Zoom meetings, but both are essential when going to the store.

    But I further assume that most of you also know people, or at least see people, who do not wear masks. I certainly have: People who put on a mask to get past the 'mask required for entry' sign -- and take it off again as soon as they are safely inside the store. Perhaps they think themselves clever. Perhaps you have harrumphed at some of these people and gotten an earful of abuse for your pains.

    Are these scofflaws arrested? Are our criminal dockets crowded with maskless offenders? Are our prisons bulging with chronic mask refusers? Are our municipal coffers overflowing with fines remitted by maskless miscreants? Not that I've heard. Or read. Have any of you heard or seen differently?

    Now let me turn the question around, just a little. Suppose our own Governor Pritzker decides to lift the mask mandate here in Illinois. Not because COVID-19 is over, but solely because it becomes, for some reason, politically expedient. This is obviously not going to happen here anytime soon, I know, but we are lawyers. We are used to answering hypothetical questions in argument.

    Upon the hypothetical lifting of our own mask mandate, keeping in mind that you still have not been vaccinated, and neither have most members of your family, and that COVID-19 is still coursing through the community, would you immediately cast aside your mask and gambol madly down Madison Street or Michigan Avenue, shaking hands with everyone you meet (no more elbow bumps for you)?

    Of course not.

    At least, I hope not.

    You wear your mask in public, not because some politician says so, but because, from what you've read, and heard, and seen, and experienced, you are persuaded that mask-wearing protects you and yours and those around you. So do I. (I bet a lot of folks in Texas and Mississippi feel that way, too, whatever their governors may say, but I promised not to go there, and I won't.)

    So... despite what we call it, the mask "mandate," here or anywhere in this country, is more of a strong suggestion than a mandate. We don't punish people who disobey it.

    And this, for me, is a problem. I don't mean that I want to punish the scoffers. (Well, maybe just a little....) My concern is that calling a suggestion, or request, a mandate undermines the rule of law.

    Our system depends on people respecting and obeying the law. When specific laws (or mandates) are seen to be ignored, or not enforced, people may be encouraged to ignore other laws, too. Or think they may choose which laws to obey and which laws not to. This is not something new in America. See, Prohibition. See also, the "War on Drugs." I could do a pretty lengthy string cite here, and I'll bet you could, too.

    There will be a lot to rebuild when this two-week shutdown eventually ends. The economy, including our own personal economies, for one. But can we also give some thought to how we will repair the damage caused to the rule of law by well-intentioned "mandates"?

    Monday, November 21, 2016

    Law Professor claims that part of the Constitution is unconstitutional

    It could be satire, of course. That would be the best case scenario. For some reason, satire is notoriously hard to separate from mere stupidity on the Internet. In fact, satire seems to attract stupidity; thus, every now and then, the North Koreans or the Iranians mistake a yarn on the Onion for a serious news story.

    The article in question here, "Is The Electoral College System For Choosing Our President Unconstitutional?" appeared in the Huffington Post. The Huffington Post is not the Onion. At least not intentionally, or all the time. So this makes the determination of whether this article is meant to be laughed at, instead of merely laughable, that much more difficult.

    And there really is a Professor Leon Friedman who teaches Constitutional Law at Hofstra University, in Hempstead, New York. He is pictured at left. And he's no adjunct, either; Friedman is the Joseph Kushner Distinguished Professor of Civil Liberties Law. That sounds impressive. Tuition at the Maurice Deane School of Law at Hofstra University is a cool $54,250 a year, according to this U.S. News & World Report web page. This, too, sounds impressive. According to Wikipedia, only 57.7% of the 2014 graduates of the Deane Law School had found "full-time, long-term, JD-required employment nine months after graduation." This seems less impressive.

    A possible partial explanation for this anemic statistic is suggested if the article was intended to be serious.

    Of course, it could be a case of stolen identity. Some jokester may have bamboozled the Huffington Post into believing that the Professor Friedman who contributes articles is the real Professor Friedman who teaches at Hofstra. As FWIW recently reported, there have been some fairly sophisticated identity appropriations out here in the Ether. On the other hand, the bio of the Huffington Post's Professor Friedman lines up fairly well with that of the apparently real prof.

    At the risk of foolishly mistaking satire for seriousness, let's get this out of the way: The Electoral College can't be unconstitutional, because it is expressly provided for in the Constitution. Twice. First by Article II, Section 1, and then again by the 12th Amendment. You know, the Amendment drafted after the Election of 1800 resulted in a tie between Thomas Jefferson and Aaron Burr? While constitutional law professors on Long Island may not have much working knowledge of the original document, one would think they'd be conversant with that musical still playing on Broadway, Hamilton.

    Now, there might be an argument that the Electoral College has outlived its usefulness to the nation and should be abolished in the only way possible (for the benefit of any law professors in the audience, that would be by constitutional amendment). It's a bad argument, in my opinion, because the need to prevail in the Electoral College should force a candidate to seek support in a majority of the states, and not just seek majorities in the largest population centers. In this way a candidate must try and build a truly national consensus. This helps hold the nation together after a close national election. Also, properly functioning, the Electoral College serves as a mandate multiplier, which again serves the laudable purpose of bringing the nation together after a close national election.

    Most national elections are close. A few million votes, and only a few percentage points, separate the winner and loser. But---usually---the Electoral College turns that close result into a seeming landslide for the popular vote winner.

    No, that's not what happened this time. Or in 2000. Or in 1876. Or in 1824. But that's the whole list. And, in three of those four elections, third and/or fourth party candidates prevented the top vote-getter from achieving a majority of the votes case (the exception was Samuel Tilden in 1876; he had 50.9% of the vote).

    But, writes, Professor Friedman---or whoever really wrote that Huffington Post piece---"each Presidential vote in Wyoming is worth 3.6 times more than each vote in California."

    A graph depicting this same 'disparity' has been floating around Facebook of late.

    It is a dishonest, emotional argument: Wicked voters in backward, barbarian Wyoming outweighed enlightened voters in sunny, sophisticated California.

    Here's how the Electoral College is actually put together: All states start with two electoral votes -- one for each senator. Each state's additional electoral votes comes from the number of representatives it has in the House. Wyoming has one representative for its 584,000 population; thus, it gets one more electoral vote, for a total of three. At the other extreme, California has 55 electoral votes -- for its two senators and 53 representatives. Each of the 53 House members in California represents, according to the numbers in the graphic, about 735,000 people. This is a discrepancy, yes, but not as great as the graph would suggest. And the discrepancy has nothing to do with the Electoral College; this is, rather, a function of the House of Representatives choosing not to grow with the national population.

    The size of the House is not a Constitutional problem. Article I, Section 2 of the Constitution provides only, "The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative." Although the House was regularly expanded during the 1800s (from the original 65 reps in 1789) the size of the House has been capped at 435 since 1911 -- and a lot has changed in the past century.

    Texas is arguably even more shortchanged than California -- each of the 36 House districts in that state have a population of approximately 763,000. Montana has over a million people in its sole House district.

    Rhode Island voters would have more electoral college clout than voters in either Wyoming or California, according to the reasoning of Professor Friedman or the Facebook graph. Rhode Island has two representatives (thus, four electoral votes) even though its two districts have populations of only about 528,149. By contrast, each of Idaho's two congressional districts contains roughly 827,000 persons. So, Idaho's four electoral votes are worth 'less' than Rhode Island's.

    The Electoral College did not cause these discrepancies. These are caused entirely by the size of the House of Representatives. And all because of a law passed over a 100 years ago -- which, by the way, absolves both the Clintons and Donald Trump alike from responsibility.

    Nor is the Electoral College responsible for the fact that, according to respectable polls from all shades of political opinion, the candidates of the major parties this year were the arguably the least popular national candidates of all time. Neither was particularly popular in their own party. Their presence at the top of their respective tickets suggests major flaws in the presidential primary process, but not in the Electoral College.

    Certainly the primary process in both parties needs major, structural, fundamental reform. Maybe the size of the House of Representatives should be expanded while we're at it. But the Electoral College, whatever else its flaws may be, is not unconstitutional. If a 'distinguished' law professor was seriously arguing otherwise, we have a further illustration of why new law graduates, from any school, must take a bar review course to have any hope of passing any bar exam.

    Saturday, April 02, 2016

    LAGBAC presents April 8 seminar for aspiring judicial candidates

    The Lesbian and Gay Bar Association of Chicago is presenting a free seminar on Friday, April 8, from 3:00 to 6:00 p.m., at Hinshaw & Culbertson LLP, 222 North LaSalle Street for persons interested in serving in judicial office.

    The CBA and Alliance judicial evaluation processes will be explained, sitting judges "will address the various paths to the bench in Cook County," and two federal judges and representatives from the offices of Senators Durbin and Kirk will discuss how appointments to the federal bench get made.

    Speakers will include:
    • Illinois Supreme Court Justice Mary Jane Theis;
    • Appellate Court Justice Jesse Reyes;
    • Circuit Court Judges John H. Ehrlich and Colleen F. Sheehan;
    • Associate Judge Linda Pauel;
    • U.S. District Court Judge Sara L. Ellis;
    • Magistrate Judge Mary Rowland;
    • Joyce Williams of the ISBA (and the Alliance Administrator);
    • Susan Horn, Co-Chair of the Decalogue Society of Lawyers JEC and Co-Chair of the Alliance Executive Committee;
    • Jeff Finke, former General Chair of the CBA JEC;
    • Dan Swanson, Senior Counsel, Office of Sen. Dick Durbin;
    • Peter V. Baugher, Chair of the Sen. Mark Kirk's Judicial Advisory Board;
    • Justin Mulaire, EEOC trial attorney; and
    • Susana Darwin, Co-Chair, LAGBAC JEC.
    The seminar is not only free, but offers 3.0 Professional Responsibility CLE Credits. But seating is limited and registration is required. Interested persons need to RSVP as soon as possible to DIVERSITY@hinshawlaw.com. The seminar is sponsored by the Hinshaw LGBT Affinity Network and ISBA Mutual.

    Monday, July 09, 2012

    Can law schools be used for the actual training of new lawyers?

    The cover story in this month's ABA Journal, by Indiana University Law Professor William D. Henderson and Rachel M. Zahorsky, "The Pedigree Problem: Are Law School Ties Choking the Profession?," raises (inadvertently, I suspect) a real question about the basic use or purpose of a law school education.

    Is law school just three years' penance that must be served before becoming eligible to sign up for a bar review course (the bar review course being the real prerequisite for passing a state's bar exam)? I would like to think otherwise, but Professor Henderson and Ms. Zahorsky noted that graduates of even the nation's most prestigious laws schools have long been deemed incapable of practicing their profession without extensive post-graduate training:
    The most successful of corporate law firms adapted to this business climate by hiring promising law school graduates and embedding them into their own training system, which over several years supplied inductees with a well-rounded and complete skill set that could be deployed for the benefit of clients.

    The most famous training program was implemented by Paul Cravath, the brilliant business lawyer who went on to build the white-shoe firm of Cravath, Swaine & Moore. According to the firm’s history, published eight years after Cravath’s death in 1948, the primary purpose of the Cravath system was to create “a better lawyer faster.”

    One key operational question of this training model was entry-level hiring. Cravath and his contemporaries favored graduates of a handful of Ivy League schools — namely Harvard, Columbia and Yale — and so-called national law schools, including the universities of Virginia and Michigan, for the coveted training positions.
    A young man or woman graduates from any medical school and is thrown into the overnight shift in the a busy ER, treating traumas and heart attacks and chronic diseases right from the start. But a young man or woman, even one from the law schools at Harvard or Yale, goes to a silk-stocking firm and disappears into the library for a few years, looking up cases, reviewing documents, eventually getting the opportunity to carry a senior associate's briefcase to court for a status hearing (the senior associate's hands are full carrying the junior partner's briefcase; the junior partner is encumbered with the senior partner's papers). Despite the superior 'legal education,' the firm's lawyers had to be 'built' from the ground up.

    Henderson and Zahorsky cite a number of reasons why the white-shoes firms took (and still take) only Ivy League graduates (or graduates of a few others, depending on the city where the firm is located): "They required extensive undergraduate education, their courses of study were full time and taught by scholarly faculty, and they tended to admit students well-connected to the commercial world."

    Only this last factor is relevant: The Ivy Leaguers knew the captains of finance and industry for whom they'd toil. They were related by blood or marriage, or at least had common acquaintances from their prep school or undergraduate days. The kid from Loyola's night school or Henderson's own Indiana University would probably have none of these connections. These people from the hinterlands might not 'fit in.' At one time, this 'they're-not-our-people' approach was blatantly racist and sexist both. Times have changed; the school tie is now more important than ethnicity or gender. But the large law firms, for all their pro bono efforts, are not social service agencies; they will only hire people that their clients will feel comfortable with from the start, lest their clients go somewhere else where they will feel more at home. (Actually, pro bono cases give the new big-firm lawyers opportunities to develop courtroom skills without jeopardizing real business -- it's become an important part of the training program.)

    Henderson and Zahorsky write about how law schools around the country aped the Ivy League casebook method, apparently believing -- and certainly asserting -- that there was something in the curriculum that gave the Ivy League graduates greater opportunities. Henderson and Zahorsky are on familiar ground here; this is an oft-told tale. But could these long-ago law school advocates really have been that naive?

    When law schools try to teach practical skills (such as those displayed at mock trial competitions), the supposed distinctions among law schools blur considerably. Henderson and Zahorsky cite the results of the National Trial Competition:
    Since its inception in 1986, a handful of teams has dominated the league tables, including Stetson (five-time winner), Northwestern (four-time winner), Chicago-Kent (three-time) and Temple (three-time). The trial teams are judged blind; law school affiliations are not revealed until the end of the tournament.

    The appearance of top-tiered Northwestern Law with tier-two Temple and Chicago-Kent and tier-three Stetson suggests incoming credentials do not preordain performance as a lawyer. And the repeat appearance of a handful of schools suggests expert coaching and practice — a form of legal education — may be the real linchpin of excellent courtroom advocacy.
    A few years ago, in an undergraduate trial practice competition, Elgin Community College beat Yale. (The team from ECC hadn't been invited initially; they were only permitted to enter after a scheduled team dropped out. They were brought in as punching bags. And they punched back!)

    I wrote for the law school newspaper when I was in law school, roughly 35 years ago. When the schedule for an upcoming semester was announced, all the 'bar courses' -- that is, the courses that one would want to take if one had an interest in, say, passing the bar examination -- were distributed throughout the day in such as way as to make it difficult, if not impossible, for a student to put together enough consecutive hours to present him or herself as a viable law clerk to a firm. As a student journalist, it fell to me to interview the school administrator to find out why the schedule was thus arranged. "We don't want our students to work outside of school," the administrator told me. (And, yes, I'm being deliberately vague about the identity of the interview subject.)

    But it was only by clerking that most students could hope to find jobs. One or two might get a sniff from a local big firm, a few more would get state court clerking jobs -- but what about the rest of us?

    In the ER, no one cares where your medical degree is from. The new doctors from Harvard or Acme Night School must all perform to the same standard of care -- and right from the start, too. Professor Henderson and Ms. Zahorsky cite a lot of psychological jargon in their article, but it's all beside the point. Until law schools produce graduates who can appear in court or document or close complex transactions right from day one, they are irrelevant obstacles that must be overcome before a hopeful young lawyer can begin to learn his or her chosen trade.

    Sunday, July 08, 2012

    Distinctions among law schools: Real or random?

    You can read the cover story in this month's ABA Journal, by Indiana University Law Professor William D. Henderson and Rachel M. Zahorsky, "The Pedigree Problem: Are Law School Ties Choking the Profession?," and decide for yourself.

    For my part, however, that aspect of the article called to mind this cartoon I'd seen on xkcd some time ago.

    (Click on the link to see Randall Munroe's embedded comment.)

    The ABA Journal article also addresses ways in which law schools are trying to reinvent themselves, update their curricula, and make themselves more relevant in the modern age -- all of which raises an (I think) unintended question of just how useful or relevant law school ever was to the actual practice of law.

    More on that in the next post.

    Wednesday, July 04, 2012

    The miserable employment situation for new law graudates: One 2011 graduate's story

    My June 15 post, Congratulations 2012 law school graduates: What were you thinking, generated a fair amount of traffic, as did the follow-up,Update on last Friday's post on the parlous prospects for new law grads. The posts also generated a thoughtful letter from a 2011 law graduate. I've communicated with this individual since.

    When I wrote advising that I intended to publish his letter, he asked me not to publish his name because he's recently found work on a "document review project" paying $30 an hour. Although he says the work is "mind numbing," and only temporary, he does not want to jeopardize either his present situation or his future prospects by revealing too much identifying information. I've chosen to respect his wishes and edited the letter accordingly:

    I graduated from a Midwestern state law school. The school was ranked among the top 50 nationally. Tuition is comparable to most of the rates you listed. I believe I received a good education there and the school actually maintained all scholarships. (This is unlike many schools where a student who fails to meet the merit requirements after the first year loses that scholarship. Schools extend so many scholarships that statistically some students will lose them after the first year by not being above x% of the class. At my school, many of my classmates avoided crushing debt because the school's willingness to extend all scholarships.)

    One of the main questions you seem to ponder is: "Why do we do this to ourselves?" You talk about how courts have dismissed lawsuits by basically saying: "if you were smart enough to get into law school, you should have been smart enough to see through the rosy employment and salary figures put out by all the law schools."

    My only explanation is:
    1. I understood the numbers were "rosy," but it was hard to really understand how badly they were off at the time. It's like the old quote: "There are lies, damned lies, and statistics." The numbers are just so far out of tune with reality that no one knew how bad it was. Eventually you just assume there is some accountability there. That law schools wouldn't and couldn't fudge the numbers that badly. We were wrong. The University of Illinois, a school I considered, was making numbers up!
    2. Everyone assumed the economy would be better by the time we graduated law school. When you are in your twenties, three years is a long time. You assume things will be different when it's your turn to be actively job hunting. For that we have no one to blame but ourselves.
    3. We just really wanted to be attorneys. Most of us still do.
    As for the job market itself, it's as miserable as advertised. It's been seven months since I was admitted to the bar and I have had two interviews. Short of those interviews, I have had no success greater than a courtesy email informing me that my application was received. I have spent most of my time either covering appearances for other attorneys or working on document review projects for an hourly wage. Nine out of 10 times an alum won't return a phone call or email. When they do, normally their advice is to go get an MBA. My story is a dime a dozen among my classmates and peers. In fact, it's much better than most, as you generally can't get document review jobs anymore without prior document review experience! If a respectable firm offered me $10,000 for a position, I would leap at it. Right now experience is worth its weight in gold. There are jobs for attorneys being advertised, but very very few entry level positions.

    The problem is, what's the alternative? Most attorneys have English or Poli-Sci backgrounds. What kind of job will you get with that? I have a Business and Finance double major and I have yet to even get a response from a company based on that. It's easy to think that we should just move on, but many of us just can't.
    If recent news accounts can be believed, this young man's experience is all too common. Roughly half of the members of the 2011 graduating class of Loyola and IIT-Kent are apparently in this same situation; six out of 10 DePaul's 2011 graduates are still looking for full-time legal work. Twelve per cent of the University of Chicago's graduates can't find work, for cryin' out loud. Yes, the unemployment situation for newly minted lawyers is clearly exacerbated by the many continuing problems with the economy as a whole -- but the theory has always been that the more education one has, the less likely one is to become a victim of the economy. Clearly, the experience of recent law school graduates has been quite different; that suggests that something is fundamentally wrong with our legal education system, doesn't it?

    Wednesday, June 20, 2012

    Update on last Friday's post on the parlous prospects for new law grads

    ABA Journal Law News Now updated its story on the Boston law firm looking to hire an associate for $10,000 a year: More than 50 people have now applied.

    Of course, the job also comes with a bus pass (and a clothing allowance and other benefits).

    Yesterday, the Chicago Daily Law Bulletin carried a story about a report issued by Law School Transparency, a Tennessee-based nonprofit group that pushed for law schools to report accurate job data. According to their report, only 55% of 2011 law school graduates found full-time, long-term legal employment within nine months of graduation.

    Mary Kate Malone's article for the Law Bulletin says that, locally, 2011 University of Chicago graduates fared best, with 88% finding full-time, long-term legal work. On the other hand, only 48% of Loyola's 2011 law graduates had full-time, long-term legal work -- and only 49% and 39%, respectively, for graduates of IIT-Chicago Kent and DePaul.

    Yikes.

    The Law School Transparency website can be accessed here.

    Friday, June 15, 2012

    Congratulations 2012 law school graduates: What were you thinking?

    This is a post I started writing weeks ago -- but it seems like every time I opened my email, there was something new to add.

    I started out looking at the terrible story out of Boston: A firm there offered a job paying $10,000 a year -- and got 32 applicants. (The link is to Martha Neil's May 31 article on ABA Journal Law News Now.)

    Neil's post linked to Lisa van der Pool's May 31 post on the Boston Business Journal website. Ms. van der Pool's post included a screen grab of the Boston College Law School website where the below-minimum-wage job was posted; I've grabbed it in turn:



    The job is not quite as terrible as the articles make it sound. Pay is estimated, based on what the new attorney can likely bill and collect on his or her own case load -- but if you read the ad, the firm would also provide malpractice and health coverage, a bus pass (so the impecunious lawyer can get to and from work), and even an employer-paid clothing allowance.

    On the other hand, Boston College claims that the median salary of its 2010 graduates nine months after graduation was a heck of a lot more than $10,000 and a bus pass, even in the public sector:



    Of course, charts like this recall to mind the phrase often associated with Mark Twain (though he attributed it to Benjamin Disraeli -- and Disraeli wasn't the source either): "There are lies, damned lies and statistics."

    Who responds to salary surveys? Those who got the prestige clerkships and those who hooked on with silk-stocking firms -- or the ones flipping burgers?

    In an article that appeared in the January 9, 2011 New York Times ("Is Law School a Losing Game?"), David Segal quoted Indiana University Law Professor William Henderson as saying, "Enron-type accounting standards have become the norm."

    When a law school claims that x percent of its graduates are employed nine months after graduation, it means employed anywhere -- whether the job requires a law degree or not.
    A law grad, for instance, counts as "employed after nine months" even if he or she has a job that doesn't require a law degree. Waiting tables at Applebee's? You're employed. Stocking aisles at Home Depot? You're working, too.
    Segal's 2011 article said that February 15 was the magic date on which employment is calculated for purposes of the all-important U.S. News & World Report law school rankings.
    A number of law schools hire their own graduates, some in hourly temp jobs that, as it turns out, coincide with the magical date. Last year, for instance, Georgetown Law sent an e-mail to alums who were "still seeking employment." It announced three newly created jobs in admissions, paying $20 an hour. The jobs just happened to start on Feb. 1 and lasted six weeks.
    (Segal noted that Georgetown insisted that none of these graduates were counted as employed, but his skepticism about this claim seemed apparent.)

    I couldn't help but think about the part-time Georgetown jobs when I read Jerry Crimmins's June 1 article for the Chicago Daily Law Bulletin, "University of Chicago pays for jobs for some 2011 law grads." Crimmins reported that the U of C released a chart (like the BC Law chart, above) which showed "stellar occupational achievements" by its Class of 2011.
    The chart says 199 of 203 graduates, or 98 percent, got jobs. Of those, 181, or 89.2 percent, got jobs that require passage of the bar.

    More than half, 117 of last year's graduates took jobs in law firms. Eighty-three of those grads took jobs in the nation's biggest firms with 501 or more lawyers.

    Twenty were hired in highly sought after judicial clerkships.

    The median starting salary for full-time, employed graduates of the class of 2011 is $160,000. This is based on salaries reported by 178 of 199 employed graduates.
    However, according to Crimmins's article, the University of Chicago also announced that "at least 11 percent of its class of 2011 graduates took jobs that were funded by the law school," jobs "that are good for only one year."

    In the current climate, it is perhaps not so surprising that the U of C is admitting that it has created jobs for a large portion of its 2011 graduating class.

    Since David Segal's January 2011 article in the New York Times, suits have been filed against a number of law schools around the country, alleging various theories of fraud and misrepresentation, particularly in the disclosure of post-graduation salary and employment prospects.

    The first of these may have been filed last summer against Michigan's Thomas M. Cooley Law School and New York Law School. Earlier this year, suit was filed against three Chicago law schools (DePaul, Kent and John Marshall). Ameet Sachdev's article for the February 2, 2012 Chicago Tribune reported that the "Chicago suits were part of coordinated attack on legal education mounted by New York plaintiffs attorneys David Anziska, Jesse Strauss and Frank Raimond. Nine additional suits were filed against schools in Florida, California, New York and Delaware." (See also, Michael Vasquez's March 22, 2012 article in the Miami Herald, "UM, St. Thomas law schools subject of fraud lawsuit" and a February 2, 2012 article in the Wall Street Journal, "Corporate News: Law Grads Claim Schools Misled," by Joe Palazzolo and Jennifer Smith.)

    Now, even newly minted law school graduates should know that the mere filing of a lawsuit does not guarantee success -- and, indeed, the first results are encouraging for the law school defendants. Deborah L. Cohen reports in the June 2012 ABA Journal ("Few Jobs, But a Rack of Suits") that New York Supreme Court Justice Melvin Schweitzer dismissed the suit against New York Law School on March 21. According to Cohen's article, Schweitzer wrote, "The court does not view these post-graduate employment statistics to be misleading in a material way for a reasonable consumer acting reasonably."

    In other words, if you were smart enough to get into law school, you should have been smart enough to see through the rosy employment and salary figures put out by all the law schools. A similar theme was sounded in Sachdev's February 2 Tribune article.
    William Robinson, president of the American Bar Association, told Reuters in an interview last month, "It's inconceivable to me that someone with a college education, or a graduate-level education, would not know before deciding to go to law school that the economy has declined over the last several years and that the job market out there is not as opportune as it might have been five, six, seven, eight years ago."
    Not as opportune?

    On June 7, Lorene Yue posted an article on the Crain's Chicago Business website, "2011 law grads' job market worst in 17 years." Shaun Zinck's article for the June 7 Chicago Daily Law Bulletin was headlined, "Stats show dismal job market for law grads." Debra Cassens Weiss's June 7 article on ABA Journal Law News Now was headlined "Only 65 Percent of 2011 Law Grads Have Jobs Requiring Bar Passage, a Record Low."

    Each of these articles cited to a report issued by the National Association for Law Placement (press release, selected findings).

    These findings, bad as they are, may be understated. Ms. Yue, reviewing the complete NALP report noted, optimistically, that three Chicago area schools, the University of Chicago, Northwestern and Loyola, had employment rates that surpassed the national average calculated by NALP. (A chart from Ms. Yue's article is reproduced below.)



    Encouraging, no?

    Well... no. Remember Jerry Crimmins's article about the University of Chicago acknowledging that it created jobs for 11% of its graduates?

    But though law jobs are scarce, even for graduates of the most prestigious schools, there's still plenty of debt to go around. Just yesterday, Rachel M. Zahorsky posted an article on ABA Journal Law News Now, "Law Grads ‘Indentured Servants’ to Loans, Law Prof Says; Law School Crisis a Symptom of Weak Economy." According to that article, the average law school graduate can expect a sheepskin and $150,000 in student loans.

    That number may be a little high, at least as an average. Greg Moran, writing in the March 31, 2012 San Diego Union-Tribune quotes a U.S. News & World Report survey about how much 2011 law school graduates owe after graduation. Those owing the most come from these schools:

    John Marshall Law School (Chicago): $165,178
    California Western School of Law (San Diego): $153,145
    Thomas Jefferson School of Law (San Diego): $153,006
    American University (Washington, D.C.): $151,318
    New York Law School (New York): $146,230
    Phoenix School of Law (Arizona): $145,357
    Southwestern Law School (Los Angeles): $142,606
    Columbus School of Law at Catholic University of America (Washington, D.C.): $142,222
    Northwestern University [Chicago]: $139,101
    Pace University (White Plains, N.Y.): $139,007

    Anyway, congratulations to the Class of 2012. Stop reading and go back to studying for the bar exam. Maybe it will work out for you.