Category Archives: Academia

Sneaking in professional responsibility in my Contracts course

Last week, for the first time since I became a lawyer, I filed an ethics complaint against another lawyer.  It was one of the most difficult things I’ve ever done (and I’ve done some doozies).  Afterwards, I talked about the process and the reasons why I filed the complaint to my first-year students.

It was interesting to see their reactions.  We spoke about the need to return clients’ phone calls promptly, and we spoke about why, when a lawyer says she’s going to do X if Y doesn’t happen, she has to follow through on that promise.

I spend a lot of time talking about the practice of law with my students (and not just in my PR course).  I don’t want them to get the idea that PR is something that one takes in law school and only thinks about during the course, and I want them to think about the challenges that they’ll face as lawyers.

Will the state bar do anything about the complaint that I filed?  I don’t know.  But watching the process from this close up will be an education for me.

(Posted by Nancy Rapoport)

Scholarly productivity study – the other schools

While most studies on scholarly productivity of law schools focus on the top 20 or so, a new one examines schools outside of the top 50. Here’s the top 10 of the “out of the top 50″ group, (based on articles in top journals, 1993-2009):

1. University of San Diego

2. Florida State University

3. University of Richmond

4. University of Missouri-Columbia

5. Illinois Institute of Technology (Chicago-Kent)

6. University of Nevada-Las Vegas (tied)

6. Case Western Reserve University (tied)

8. University of Cincinnati

9. Brooklyn Law School

10. Pepperdine University

See the rest here. hat tip  – Leiter Law School Reports

Postdoc at WUSTL Law

From Andrew Martin:

Washington University School of Law
Postdoctoral Fellowship

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CQ custom publishing

It’s here.

Bring the entire CQ Press collection to your computer. Browse, search, and read title after title, whenever you want. Be green. Be smart. Be efficient. And be kind to your students’ wallets.

  • e-Comp—why wait to get an examination copy? Get online and you’re a click away from an entire bookshelf of CQ Press books.
  • e-Book—offer your students the inexpensive option of an online subscription to a CQ Press college text. They can take notes, highlight, bookmark, and print out.
  • e-Custom—build your ideal book. Choose just the chapters you want and forego those you don’t want to assign. You can mix and match across our publications, as well as add your own content.

Choose your preferred format: print or online. Custom publications can be printed in just two weeks once an order has been placed; online books are available immediately.

Anyone planning on using it? Think it will catch on?

Law students as entrepreneurs?

See my post on this idea and legal education on prawfs.

Conference on Path Dependency

From Polmeth:

That path dependence is a key feature of complex human systems is now well-recognized by students of politics and other social sciences. How best to model path dependence both mathematically and statistically is a matter of debate. This small, select conference will bring together scholars and graduate students who are producing models of path dependence and/or attempting to fit these models to data.  The objective is to stimulate conversations, future exchanges and eventually new work on this topic.

The conference is sponsored by the National Science Foundation under the auspices of the Political Methodological Society. Additional support will be provided by the Center for the Study of Complex Systems at the University of Michigan and the Department of Political Science at the University of Minnesota. The dates of the conference are tentatively set for June 4 and 5, 2010. Papers will be presented and discussed on Friday afternoon the 4th and most of Saturday the 5th. There will be a dinner for conference participants on Friday evening. All coach travel and local expenses will be reimbursed. If accepted, all  participants must submit a short, at least 4 to 5 pages, think piece on the topic for circulation to the participants at least 1 week prior to the conference. Advanced graduate students are encouraged to apply.

Interested scholars should send a one paragraph proposal to John Freeman (freeman@umn.edu) and John Jackson (jjacksn@umich.edu) by Feb. 20, 2010. Invitations will be issued by March 15, 2010.  Questions about logistics should be sent to Freeman.

Bar Prep on the iPhone

TUAW complains is excited about the new $999.99 BarMax CA app for the iPhone, which is

designed to help would-be lawyers pass their bar exams. Comparable services cost up to three or four times the price of this one, so if you have an iPhone and are planning to take the bar, this could actually be a “bar”gain (sorry, please don’t sue us). The app is over a gig in size and brags about squeezing 50 lbs of books into the palm of your hand — there are test questions, reference guides, audio lectures, and practice cards all included in the app’s purchase.

Next up? The American politics comps app.

How to spend a sabbatical [and a new blog comments policy]

[First, an announcement - we are experimenting with a new comments policy whereby you no longer have to register with wordpress to leave a comment - only a valid email. We'll see how this works - hopefully it will facilitate a more interactive experience here on Voir Dire]

On Prawfs, fellow guest blogger Lyrissa Lidsky asks an excellent question – what is the best way to spend a sabbatical? Obviously, the wise-guy answer is ‘on the beach with a martini,’ or something like that, but – contrary to what some may think – it is my belief that most (emphasis on *most*) academics earnestly want to make the time worthwhile from a work-product perspective. In many political science departments there is an expectation of grant writing during sabbaticals, but the expectation is usually fairly vague and some departments may not even have this expectation.

Here’s my comment on the Prawfs post – and then some questions for our readers:

I’m not an authority on this matter since somehow in doing this academic thing since 1997 I haven’t yet had a sabbatical (long story), but I’ll offer up something along the lines of what Rick Bales said – you might want to consider this time for learning and developing new skill sets. I have no idea what those skill sets might be for any given individual, but it (a sabbatical) can be a good time for making an effort to push your comfort zone and think outside of the box. This might entail learning a new language or studying your doctrinal field from a comparative perspective, or it might be learning computer applications that would aid your practice area – I don’t know – but I think that something like this may have more long term benefits than writing another article or two.

So readers, what are the expectations or guidelines for sabbatical leave in your academic institution? Are there specific policies? How do you plan to spend (or have already spent) your sabbatical?

Position announcement – Georgia State University

(from Law & Courts listserv)

The political science department at Georgia State University is currently searching for a Lecturer.  Our Lecturer positions are structured differently than is typical at most universities.  Essentially, they are tenure track in everything but name.  Lecturers are members of the department in full standing.  They have the same claim to seniority, office space, votes on departmental issues, and most other things as tenure track faculty members (although there are a few administrative privileges/responsibilities which apply to tenure track faculty but not Lecturers.)  The position is, with rare exception, automatically renewed for five years.  After five years Lecturers can go up for promotion to Senior Lecturer, which is roughly equivalent in rank to Associate Professor.  The primary differences between a Lecturer and a tenure track faculty member are that (1) Lecturers teach a 3-3 load, rather than 2-2, and (2) there are no research expectations of a
Lecturer.  Our department currently employs one Senior Lecturer and three Lecturers.

We have received only a very small number of applications for this position as of now.  The position will remain open until it is filled, but the review of applications will begin on January 22nd. Thus, anyone wishing to be considered for this job (which is a pretty good one in this job market) should send in their materials ASAP.


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Robert’s Rules of Order and faculty meetings

As featured in my latest post on Prawfs.

Life at the Top

From PhD Comics:

HT O&M.

All new for the holidays! It’s Tenure-Matic

It's as simple as that!

Ok, it’s actually called Tenurometer, but I think that Tenure-Matic rolls off the tongue a little better. Finally, an end to those long meetings and endless files – just plug the relevant information into Tenurometer and you have your decision :-)

It’s just a matter of time until Ron Popeil comes out with a better version that also slices, dices, and juliennes!

Another great holiday gift idea here (Ron would be so proud of this plug).

[hat tip to Tax Prof Blog]

Some exam advice for law students …

… can be found in this post on the Wall Street Journal Law Blog. Here are some choice excerpts:

Rogan Nunn, 3L at UVA and an editor on the Virginia Law Review: By far the most useful thing I did when preparing for 1L exams was to round up a few people from the class and take old exams. Don’t just go through them, take them — pretend it’s the real thing, time limits and all. Then discuss answers. You’d be amazed how much you miss the first time. It can be time-consuming, but all the outlining in the world won’t save you if you can’t spot the issues on the fly.

Anonymous 3L at Berkeley, editor on the California Law Review: Perhaps the most important (and most difficult) advice is that you need to move on when the exam is over, either to prepping for your next exam, having a beer, or just generally getting on with your life. You might feel tempted to talk to your classmates about the exam, perhaps because you have nothing else to talk about (as your life of late was probably consumed with studying). Avoid this at all costs; at best you get affirmation in your answers (which could still be wrong), but at worst your start worrying that you missed something, which at this point is totally out of your control. . . . From my own experience and my friends, taking a law school exam can be defeating and leave students with the feeling that their days of studying were not properly translated to the answer they cranked out in three hours. Try your best not to dwell on those feelings.

The first piece of advice above is crucial – especially the part about making this a group endeavor and going over the exam answers as  a team. I would add that you might want to do some multiple choice or short answer exam taking after every major section of a class. (Of course, please keep in mind that I’m stressing a ‘do as I say, not as I did’ approach). The second piece of advice is also important since failing to follow this advice can kill a whole day of productivity during a crucial time. I might add that it’s also important to have this attitude after all exams are done. There’s no point in beating yourself up about things or crying over spilt milk.

Of moneyball, rankings, and productivity

Tax Prof Blogger Paul Caron posts on an offshoot of moneyball with an analogy to volleyball – asking what measures we might consider in the way of non-traditional sabermetric statistics for academic productivity. While this is interesting, I’m not sure if we’ve even gotten people on board with the value of traditional sabermetric stats for academic productivity yet. His post does provide a nice summary and listing of prior blogging on moneyball relative to academia. In a related note of shameless promotion, I provide Binghamton Political Science Department’s rankings for moneyball productivity in political science published in the Hix 2004 study of international political science productivity in Political Studies Review (study focuses on 1998 to 2002):

Number of articles relative to faculty size: #8 (between Columbia and Geneva)

Scholarly impact (citations) relative to faculty size: #10 (between Ohio State University and Cardiff)

A good criminal law exam question?

The Quest Team

The Neuroethics & Law Blog posts on a recently published article by Guglielmo Tamburrini titled “Brain to Computer Communication: Ethical Perspectives on Interaction Models”. The abstract is pasted below the fold, but it brings to mind and interesting question – at least to me – in criminal law. Brain Computer Interfaces (BCIs) allow one to control robotic devices via brain activity alone – there is no physical action, at least as far as it is traditionally considered. If a crime (say, battery) is committed via BCIs, then the mens rea (guilty mind or intent) is pretty clear, but is there actus reus (guilty act)? At first blush it strikes me that actus reus is fulfilled in this situation, but I don’t have a formal definition of the term in front of me at the moment. Would the brain activity which “trips” the BCI to take action be enough? This all reminds me of a “Jonny Quest” show bad guy named Jeremiah Surd – he had no physical motor functions but wreaked a lot of havoc with his mind and robots. (Sorry, I couldn’t find a good Surd pic).

Update: I’m liking this format – I provide  a silly picture and a vague legal question and blog commenters provide thoughtful and detailed answers. Am I unreasonable in hoping that this is a sustainable model of blogging?  ;-)

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Facebook Dilemma — Should we be “friends” with colleagues?

OK, so I’m a pre-tenure professor lucky to have lots of friends and acquaintances from multiple phases of life including high school, college and grad school. I also have several academic colleagues who I consider friends – we discuss pop culture along with more serious matter at conferences. Inevitably this leads to looking for easy ways to stay in touch – I actually joined Facebook to see some conference photos a colleague posted after we were all back at our respective institutions. Every now and again I get a “friend” request from a colleague I don’t know that well – I almost always accept these. I don’t use different “groups” on Facebook. It may not be the most professional choice – but I figure if you want to be my friend — you should get to see all of it – the good and the bad, the intellectual postings and the less formal ones that lead to jabs with my oldest and dearest friends. I should also say that I have also enjoyed learning more about the colleagues who I am friends with in this manner — what they are interested in, what they are doing at any given time.
I’m sure others have more cautionary tales…. But I, for one, enjoy getting to stay in touch with colleagues in this manner in this brave new world. Other opinions?

Introducing guest blogger Eileen Braman

Eileen Braman

 

Please welcome to the Voir Dire blog, our guest, Professor Eileen Braman. Eileen is an assistant professor of political science at the University of Indiana, Bloomington. She earned her J.D. at Fordham University School of Law in 1996 and her Ph.D. at the Ohio State University in 2004. Her research has appeared in the Journal of Politics, the American Journal of Political Science, and Politics & Religion, among other outlets. She has recently published Law, Politics, and Perception: How Policy Preferences Influence Legal Reasoning with the University of Virginia Press. We look forward to reading her posts :-)

Lesson plans on Ebay?

A NYT article indicates that there is indeed a market for teachers’ lesson plans. Should teachers be allowed to sell lesson plans? Should the schools get a cut? Judging from the number of hits on my webpages to classes I am not currently teaching (I know, I know, I should clean that up and delete them – get off my back), people like to “borrow” powerpoint presentations and lesson plans, etc..

In a way, how is selling lesson plans so different from writing a textbook or course supplement? All are presumably done on employer time and both yield $$ (albeit not much) to the author. Check out some of Althouse’s thoughts on this below the fold.

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Benching the judge-umpire analogy?

Professor Aaron Zelinsky has recently posted “The Justice as Commissioner: Benching the Judge-Umpire Analogy” (forthcoming, Yale Law Journal). Given that this analogy gets tossed around a good bit in Law & Courts and ELS circles, this should be a good conversation starter. At the very least, Voir Dire guest blogger Chris Bonneau should have something to say about this :-)

The abstract is available below the fold [ hat tip Sports Law Blog]

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A nice opportunity for law & courts junior candidates…

… if they also have a JD. But, I imagine that at least some of them do. Check out the position at University of Indiana below the fold.

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Upcoming conference at Seton Hall law school

Seton Hall school of law is hosting “Religious Legal Theory: The State of the Field” November 12th – more details here.

Introducing the new US Supreme Court Database Website!

Washington University professor Andrew Martin and his collaborators have recently released their US Supreme Court Database website. It updates, enhances, and streamlines Spaeth’s original data set. This project looks to be a significant development in the field and  a very useful and reliable resource for law and courts scholars interested in studying SCOTUS. The website can be found here, and Andrew’s formal announcement is available below the fold.

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Cool opportunity for junior judicial candidates

In Paris, France … I imagine that having a JD would help too , but apparently is not required …

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Introducing guest blogger, Melinda Gann Hall

Dear Voir Dire readers, please join me in welcoming professor Melinda Gann Hall to our blog. While she needs     no introduction, I’ll provide a little bio information for anyone who is doesn’t follow law and courts or state           politics work and is therefore unfamiliar with her scholarship. Melinda earned her Ph.D. at the University of    New  Orleans    in 1983 and is now Professor and Distinguished Faculty at Michigan State University, department  of  political  science.

Her publications, awards, and professional leadership positions are too numerous to list here, but you can find her vitae here. She (along with Chris Bonneau) has recently penned a book, In Defense of Judicial Elections and she is also a co-creator (with Paul Brace) of the well-known State Supreme Court Data Project, funded by NSF. We look forward to her posts and I am sure that you will enjoy her insights.

The Ontology of Student Essays

HT Graphjam.

A nationalized bar exam?

The Law School Innovation Blog details a movement to establish a “nationalized” or “uniform” bar exam. Apparently, at least 10 states are on board with this idea and the switch should come next year. I am surprised that this hasn’t been bigger news in the media or the blogosphere, if in fact it is not a hoax. I’m not too surprised to read that the larger market states (e.g. California, New York, Florida, etc.) are not participating. If this does come to pass, then it should be a great benefit for law students in those states adopting the change as they will enjoy a greatly enhanced set of potential job opportunities. It’s nearly impossible to sell yourself as a new graduate to a firm in which you don’t have the bar exam under your belt – although perhaps not so much with mega firms. The usual concerns over the bar exam aside, this should do good things for at least certain segments of the legal economy.

Good Advice for New Market Entrants

John Jackson has some nice advice in this quarter’s The Political Methodologist:

I suggest to students heading for their first job to write on an index card four institutions where you would be happy to have a tenured position in six years. Select these on the basis of the type of department and university that best fi ts your personality and interests: large versus small, relative time and weight given to teaching, public versus private, heterogenous or more homogenous in the type of work and approaches, etc. For the fi rst four years look at that card at the end of each year and honestly assess whether you have made progress towards that goal. As the tenure decision gets closer look at that card more frequently to keep in mind what was your goal, how you de ned success, and whether you are succeeding. If the answer to the last part is yes, then you have succeeded regardless of the current tenure decision.

Markets usually work.

Financial Responsibility Tests for Colleges

Yes, we have them. And yes, schools fail them.

Lots of seminaries, schools of theology, and Bible colleges on the list. Only one law school, though (or is it a school of theology?).

Update on peer reviewed law reviews

On my Faculty Lounge post.

Better than the Fonz?

The American Statistical Association has t-shirts.  Yes.

Apparently things aren’t *too* bad at some state universities

In the midst of furloughs and massive cut backs at many state schools, the University of Alabama’s announcement of Nick Saban’s 42.35 million dollar coaching contract is almost humorous … almost. The Faculty Lounge details the announcement here. But college sports pay for everything else at the university, right? As you may recall we already dealt with this question.

Most Interesting APSA Rumor Heard

So, I’ll start: I heard that UIUC is considering a plan requiring faculty account for every 15 minute increment in their day.

What did you hear?

[Rumors heard, not started.]

Guest blogging at The Faculty Lounge

Check out my posts there! :-)

The Faculty Lounge

Jeff

Holding narratives accountable

Professor Linda Edwards (UNLV Law) has recently posted “Once Upon a Time in Law: Myth, Metaphor, and Authority” on SSRN. In the paper, she evaluates the use of narratives in legal authority and suggests that narratives are pervasive in the law and that we should learn to recognize their presence and hold them accountable by probing and questioning their factual accuracy, appropriateness, and utility. It is likely that her basic approach would provide useful leverage in analyzing domestic policy making, international politics, and even interpersonal relationships — all environments in which the use of narratives are plentiful — and perhaps sometimes questionable. [hat tip to Legal Theory Blog] The abstract is provided below the fold.

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Study for the bar – on your IPhone

WSJ Law Blog details perhaps the ultimate “there’s an app for that”.

Of course, not to be outdone, “Law in a Flash” already helps you through law school with their apps.

Law and Zaring on citing legislative history

David Law (Washington University Law School) and David Zaring (University of Pennsylvania Legal Studies Department) have recently posted “Why Supreme Court Justices Cite Legislative History: An Empirical Investigation” on SSRN. Law presented this paper on our panel at the Western Political Science Association Conference  in Vancouver and it sounds like a very interesting project. The abstract if available below the fold.

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Ranking Colleges by Alumni Salaries

Rankings are often interesting and sometimes useful.  The folks at Payscale.com have recently posted their 2009 survey of top U.S. colleges based on either median starting salaries of new graduates or median salaries of graduates who are now mid-career.

The median salaries for some schools are based on relatively small samples of graduates, and individuals are excluded if they went on to grad school (so that Utah State won’t get its salary reputation inflated by our graduate who went on for a Harvard business degree and is now making more than everyone in my department combined; we don’t deserve the credit for that salary).  So take it with a grain of salt.  Certainly, it’s not a perfect measure of everything one wants to know when choosing a college.  But it’s interesting (though for me it has long-since passed the possibility of useful).

Statisticians are Cool

Says the Times.

“I keep saying that the sexy job in the next 10 years will be statisticians,” said Hal Varian, chief economist at Google. “And I’m not kidding.”

Scarcity and the Value of Journal Publications

A couple of recent events has caused me to think about the issue of the scarcity of journal space.  Recently, the Law and Courts Section of APSA formed a committee (and surveyed its membership) about the need for a section journal.  One of the strongest arguments put forth in support of a section journal is that it would provide more opportunity for scholars (particularly junior scholars) to get their work published.  This is of no small concern to junior faculty as tenure decisions are often based on the quantity and quality of their scholarship.  More opportunities for publication will also benefit the community as a whole since we all would benefit from the additional knowledge being disseminated in articles.  Additionally, I have noticed both the shrinking size of the APSR (the flagship journal in the discipline) and the increasing size of the JOP (a premier journal, widely recognized as the 3rd best journal in the discipline).  Finally, some (links not readily handy) have argued that academia should do away with the peer-review publication system and publish everything on-line.  In the marketplace of ideas, the best works would be most heavily cited and those papers that were less useful (or fatally flawed) would be ignored.  There is obviously positive and negatives to such an approach–I’ll save that for another blog post.

Pre-tenure, I was all in favor of a section journal.  Selfishly, I did not care much for the argument that the scarcity of journal space (especially in the top 3) was an indicator (however imperfect) of the quality of the research.  After all, those who study legislatures have LSQ.  If you do mass politics, you have POQ and Political Behavior (and maybe even some others).  For courts people, there are no comparable journals.  LSR is interdisciplinary as is JELS and JLS.  Both Judicature and JSJ are fine outlets, but the audience for these journals is composed of practitioners as well as academics (thereby limiting the type of research published there).  So, there is no LSQ for courts people.

However, the more I think about it, the less sure I am that a section journal is a good idea.  The reason for this has to do with the issue of scarcity.  It seems to me that we should want scarcity–it is a quick measure of quality.  That is not to say that there are no “clunkers” in journals.  However, I have found that, on average, the best papers tend to be published in the best journals.  Moreover, I have found that there is a home for just about all quality papers.  Is the status quo perfect?  No.  I am sure we can all blog at length about problems with the current system.  But it is unclear to me that providing more “supply” is the answer.  Indeed, even if demand has increased, then keeping supply at the same level would help journals to be of even higher quality.  While I think the APSR should accept more articles than they seem to be currently accepting, there is little doubt that the prestige of an APSR article has increased with the smaller number of articles being published.  Likewise, if all research is published, then having a “publication” is of little value.  Indeed, this is why some journals are perceived as “better” than others:  some journals are far more selective than others.  This selectivity is a cue for evaluating scholars’ records as well as individual articles:  the more selective the journal, the “better” the publication.

So, I guess I am ambivalent about increasing the amount of journal space and whether the Law & Courts section should go down the road of a section journal.  There seem to me to be good arguments on both sides.  I guess I would be persuaded that it is a good thing if we had evidence that there were articles worthy of publication that were being kept out of the system.  Also, I wonder where the journal would fall in the current hierarchy.  LSQ, by virtue of publishing high quality articles for years, is a good outlet for legislative scholars.  It would take a Law & Courts journal several years to reach that status (if it does at all).  Finally, given the split in the Law & Courts section between judicial politics scholars and public law scholars…the control and administration of the journal (editor, editorial board, etc.) is likely to be contentious, with neither side finding the journal as useful as it could be.

Tell me something I don’t already know – taking meetings

This post on Conglomerate does a much better job of explaining why meetings are great for some people and horrible for others than I have done in my occasional treatments of the topic in casual conversation. I might add that for some people meetings are downright enjoyable – they have a captive audience, they (falsely) feel productive, and a given meeting often displaces another meeting that they really didn’t want to go to anyway. Here’s a sample from the Conglomerate post – that links to Freakonomics.

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What to do when your undergraduate degree has been revoked

Cast of The Community

Cast of "The Community"

Everyone’s favorite host on The Soup, Joel McHale, has a new pilot on NBC, “The Community.” In the show, he plays Jeff, a smooth talking lawyer who is forced to go back to college (actually community college) when his undergraduate degree is revoked. One reason I find the premise of this show especially intriguing is that I often used to have dreams in which I had to go back to either high school or college because my degree had been revoked for one reason or another. This phenomenon has largely subsided since I earned tenure, but occasionally I have relapses. Here’s the promo video:

Assaying the “top 8 reasons not to go to law school”

The H. Luiz blog presents it’s “Top 8 Reasons to Not Go To Law School.” Elaborations are provided, but I’ll set them forth in abbreviated fashion below. While this post has been forwarded by a lot of legal blogs, my hat tip goes to Adjunct Law Prof Blog, since that’s where I saw it first.

I spend a good deal of time talking with undergraduates about going to law school. I like to think that I provide a neutral and balanced view on the pros and cons –  I am neither of the mind that it’s the best thing in the world to do or a big mistake. It often depends on the student and what they want to do with their life – therein often lies the problem – at 22 you often don’t know what you really want to do and don’t have the experience to make an informed decision. That said, I set forth the 8 reasons below and weigh in with my own thoughts.

1. It is financial suicide.

Not necessarily. Obviously, if you get financial aid, then this makes a big difference and a lot of students I talk with actually do get such aid. Sometime students are willing to go to a lower ranked school with aid over a higher ranked school without. This decision often turns on how debt averse the student might be and what the student wants to do after graduation. If they want to be a federal judicial clerk and/or work at a large firm, then going to the top 10 school might be better. If they want a job that doesn’t require the cache of a top 10 school, then it’s probably a waste of money. Again, the problem with 22 year olds is that they often change their minds about what they want. I know plenty of people who went to law school and emerged with very manageable debt. This means living modestly, working while in school, and, most importantly, going “in-state” to a state school.

2. If you’re a creative person, forget it.

Well, yes and no. I think that you can bring creativity to your work as an attorney and you can certainly bring it to your work if you are a law professor. However, it’s a matter of degree most of the time and this is no exception. Doing well in law school and as a lawyer turn less on creativity than on other skills, virtues and conditions. It may not make you happy as a career if you really require a creative outlet that can’t be handled during your off hours.

3. The break-up rate is nearly 80%

I don’t know if it’s 80%, but it has to be pretty high. Law school takes a real toll on relationships of all sorts – more so, it seems than graduate school or some other professional schools. You’ve probably heard the phrase “the law is jealous mistress” – it is. At least in your first year of law school most of your free time will be killed. If you want to end up on the top of the grade heap at the end of law school, then this extends (to a slightly lesser degree) to your 2nd and 3rd years. For some people, who are without attachments and obligations, this provides needed focus and discipline. However, recognize that you’re going to spend some good years (nay, great years if you go in at 22 like I did) sitting on your rear in a chair in the library. That said, I actually enjoyed law school and met a lot of nice people there.

4. The bar exam is brutal.

It is. Back in the day certain states were known to be “easy roads” on the bar exam requiring only that test takers give a “good faith effort” on the state portion. It is my understanding that no states do this anymore. Occasionally, I hear graduate students complaining about comprehensive exams (you take them to qualify to write a dissertation) and comparing them to the bar exam – there’s no comparison really. Not only is the bar exam a pain, but the bar admission application is a pain – that thing you did when you were 18 – it goes in; know every apartment address and phone number you’ve ever had? better; that credit card problem – a problem. I believe that some states allow you to submit to the character investigation portion of the admissions process before going to law school – if you have any questions on this aspect, then I suggest that you do take this option.

5. Top jobs are hard to come by.

If we’re talking the over 100k jobs, it’s more accurate to say “very hard to come by”. But, it depends on your situation. If you’re in a top 10 law school, then it’s not nearly as hard. If you’re in the top 10% of your top 50 law school, then it’s not as hard. But, in the words of Dirty Harry, “Do you feel lucky? Do ya, Punk?”  Going 100k in debt for a shot at making the top 10% of the class is not really a good strategy. This being said, we have to consider the counterfactual – what is a history/pol sci/english major going to do otherwise? Graduate school may not require the tuition outlay that law school does, but the chances of getting to the end (getting the Ph.D. and getting a tenure track job, then getting tenure) are much, much lower than getting a high paying lawyer job. Also, the lost income years are bigger – 8.2 years is the average time to earn a Ph.D.  - in order to maybe get a tenure track job (if you’re fortunate) to make 45k-70k per year. Of course, graduate school isn’t the only option for liberal arts graduates, but I just think it’s important to compare the investment/risk of law school against the investment/risk of other paths for such graduates.

6. Insane hours.

Here, they are talking about working as a lawyer; we’ve already touched on law school hours. On this, again, yes and no. While most law firms will have you working very long hours, there is a continuum of opportunities and it’s up to lawyers to find them. Some law firms pay a lot and require extremely long hours; some pay not a lot and still require long hours; some pay not a lot and require reasonable hours. I feel confident telling you that very few, if any, require reasonable hours and pay a lot. There are also a good number of in-house and government options that require fewer hours – and pay less. The buffet is there, but the steak and lobster buffet for $2.99 is a fantasy.

7. Law professors are A-holes.

Simple enough – some are and some are not – and every shade of grey in between. If you can’t handle this aspect, then yeah, you shouldn’t go to law school and actually there are a lot of things you probably shouldn’t do. I had good law profs, bad ones, and really bad ones. Such is life. Should law school and some law profs change their tune pedagogically? Perhaps so, but my understanding is that this has already happened (to a large degree) since the middle ages, when I went to school.

8. Harassment (for free legal advice)

For one, asking a law student for legal advice is not a good idea and this should probably be stated to those seeking it, in a nice way. This happens occasionally, but really isn’t that big of a deal. I imagine that MDs, car mechanics and carpenters get hit up more than attorneys. My annoyance was always that people asked me about things that weren’t really within my field of experience. Another annoying aspect is when people act very penny wise pound foolish – as if a complicated legal situation (or any similar situation: medical, business, construction, etc.) could be handled in a 15 minute conversation or handled without an expert in order to save a couple bucks. But that type of behavior annoys me generally, not just as an attorney.

So, there you have it. They missed some valid reasons, but I’ll leave those to your imagination :-)

Law school innovations

The WSJ blog posts on recent innovations at the new UC Irvine School of Law. It cites an ABA Journal Article as noting the following proposed innovations:

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Getting bang for your (academic degree) buck

In which states is it most useful to get a college degree? Paul Caron blogs on the relative productivity of state  higher education programs here. But below is the handy dandy chart:

‘For the times they are a changin’ – explaining justice drift

I recently posted on SSRN a paper by myself and two Georgia graduate students, Brian Levey and Justin Moeller. The title is: “For The Times They Are A Changin: Explaining U.S. Supreme Court Justices’ Voting Through Identification of Micro-Publics.” The abstract is available below the fold:

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Guest blogger featured

Voir Dire guest blogger Paul Collins had his work featured recently on the ELS Blog and the Conglomerate Blog. The featured paper, c0-authored with Pamela Corley and Brian Calvin, uses content analysis software (aka plagiarism software) to examine the extent to which SCOTUS opinion writers “lift” content from the lower court opinions they are reviewing.

The Goals of Campaign Finance Law

First of all, many thanks to Jeff and Andy for inviting me to guest blog this summer at Voir Dire. My primary interests are in elections and American government broadly, but the ongoing controversy surrounding judicial elections, along with the encouragement of friends & collaborators, continues to pull me further into the study of judicial politics.

Some of my recent projects have led me to wonder exactly what values one should seek to promote in a campaign finance system. I’m interested in your thoughts, but let me throw out two: preventing corruption and promoting the spread of information.

Corruption is a natural concern with campaign finance. While there are clear examples (think Duke Cunningham and William Jefferson), the evidence for general corruption is limited. A possibility of bias, however, remains (perhaps particularly important given the “probability of bias” standard invoked in the Massey case Chris Bonneau explicated earlier on Voir Dire).

On the other hand, spending money seems to be a necessity for disseminating electoral information to the public. The fast food industry spends about $4 billion each year to make sure we’re well informed about the virtues of burgers and fries; this is about twice the amount spent on the 2008 presidential election. Shouldn’t we know at least as much about candidates for the president as we know about the latest burger or the new McCafe? What’s more, Coleman and Manna (2000) show that higher campaign spending serves to inform voters, enabling them to make better decisions. Hall and Bonneau (2008) show that increased campaign spending leads to higher rates of voter participation in judicial elections that are oftentimes otherwise low-turnout affairs. In this sense, restricting campaign spending may prevent elections from accomplishing their key goal: enabling citizens to make informed decisions between a set of candidates and the policies they are likely to pursue.

As I think about how to balance the two, I’m struck by two things. First, neither value explicitly limits the amount of campaign spending, as long as funds are acquired in a way that limits the possibility of bias. As such, individuals who have expressed discomfort with Obama’s (and previously Bush’s) prolific fundraising, are objecting to the amount of money spent in politics, which is not necessarily problematic in terms of these values (so on what basis might it be problematic?). Second, if one is balancing a possibility of bias against the certainty of the democratic goods that come with campaign, how strong must the possibility of bias be to justify more strict campaign finance regulations?

Keeping up with the literature

One of the things I (and I am sure others) struggle with is keeping up with the current literature.  Even in a field that seems small (like Law and Courts) there are dozens (if not more) new articles every year that are of interest.  Between producing my own stuff, teaching, administrative responsibilities, baseball games, trips to the dog park, etc., I find it a challenge to keep up.  Moreover, because I teach a graduate seminar every other year, I need to stay somewhat current so I can incorporate the most recent interesting literature into my seminar.

I have tried to solve this by scanning certain journals every 3 months and reading every article on judicial politics in those journals.  The journals I look at are:  APSR, AJPS, JOP, PRQ, APR, SSQ, BJPS, LSR, JLEO, JELS, Political Behavior, Public Choice, QJPS, and Judicature.  Some of these are more useful than others.  (I rarely find anything in BJPS or Public Choice.)  I also only read empirical articles about judicial politics–relatively broadly defined.  I am sure I miss some good article by limiting my scope to only these journals.  And I do not read law reviews at all, unless there is an article specifically brought to my attention.  But I think I get MOST of the good scholarship out there via this search method.  As for books…that is a lot harder.  Both in terms of time and cost (to me and the students), I tend to prefer articles to books (though I do try to read those I find interesting).

So…all of this is a preface to a question:  How are others able to stay current?  What strategies do you use?

On judicial “qualifications”

Over the past few days, there has been an interesting (?) discussion on the Law and Courts Listserv over the nature of judicial qualifications.  Specifically, the issue seems to boil down to whether or not the executive (or judicial nominating commission) should recommend/nominate the “most qualified” individual or a person/slate of people who are all qualified, but also may diversify the bench somehow (demographically, experience, etc.)

It seems to me that anyone arguing for a “most qualified” person needs to first come up with a workable operationalization of that concept.  And I (for one) have yet to see such a concept.  Moreover, even if one were to come up with such an operationalization, it is not clear to me that we ought to be appointing judges in such a manner.  If we think about hiring committees in academia, qualifications are important, but much more important is the “fit” of the candidate.  The same is true is the private sector as well–while one candidate may seemingly rise to the top on paper, how the candidate fites with the mission of the company is just as (if not more) important.  Indeed, this is why candidates interview for jobs and not just simply send in their resumes.

Applying this to the judicial realm, a candidate must first, of course, be qualified.  But, after that threshold has been met, it seems to me that the candidate who is the “best fit” be selected.  When Justice O’Connor retired, she said that Chief Justice Roberts (who was selected to replace her) was perfect in every way, except that he was male.  What she was saying is that he was not the best fit for the job at the time.  Justice O’Connor herself was not the “most qualified” but in the eyes of Reagan, she was the “best fit.”  The same can be said of Thurgood Marshall, Lewis Powell, Clarence Thomas, and countless others:  even if we had a workable operationalization of “best qualified” none of these justices would have risen to the top; however, they were all qualified and they were deemed to be the “best fit.”  Sonia Sotomayor also fits here.

In sum, I wold argue that qualifications are best judged like airplace landings….dichotomously.  One either is qualified or is not, just as an airplane either lands successfully or does not.  Once a candidate has been judged qualified, executives should move on to other things, such as fit.  This is both a normative statement as well as an empirical truth.

Which states have the best (and worst) high courts?

Want to know? You’ll have to check it out in a paper by the same name authored by Stephen Choi, G. Mitu Gulati, and Eric Posner. It’s available on SSRN here. I tell you what, I’ll give you the top five contenders for (best overall) state high courts and the abstract below the fold.

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