Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Monday, September 24, 2007

JD = no guarantee

According to an excellent report by the Wall Street Journal, law school graduates who are not in the top 10% of their class at all but the elite schools are having an increasingly difficult time finding work. Work that is found (outside of the big firms, of course) offers starting salaries more modest than in the past.

Evidence of a squeezed market among the majority of private lawyers in the U.S., who work as sole practitioners or at small firms, is growing. A survey of about 650 Chicago lawyers published in the 2005 book "Urban Lawyers" found that between 1975 and 1995 the inflation-adjusted average income of the top 25% of earners, generally big-firm lawyers, grew by 22% -- while income for the other 75% actually dropped.

To which I say cry me a river. The vast majority of law school graduates are still going to find quality work and earn a more-than-comfortable salary. What really caught my eye were these paragraphs:

[D]ebate is intensifying among law-school academics over the integrity of law schools' marketing campaigns. Defenders argue that the legal profession always has been openly and proudly a meritocracy: Top entrance-exam scores help win admittance to top schools where top students win jobs at top firms. Even the system that is used to issue law-school grades -- a curve that pits student against student -- reflects the law profession's competitiveness. . . . [The Dean of second-tier Loyola Law School] says it is problematic that big firms only interview the top of the class, "but that's the nature of the employment market; it's never been different."

. . .

"Prospective students need solid comparative data on employment outcomes, [but] very few law schools provide such data," adds Andrew Morriss, a law professor at the University of Illinois who has studied the market for new lawyers.

Students entering law school have little way of knowing how tight a job market they might face. The only employment data that many prospective students see comes from school-promoted surveys that provide a far-from-complete portrait of graduate experiences. Tulane University, for example, reports to U.S. News & World Report magazine, which publishes widely watched annual law-school rankings, that its law-school graduates entering the job market in 2005 had a median salary of $135,000. But that is based on a survey that only 24% of that year's graduates completed, and those who did so likely represent the cream of the class, a Tulane official concedes.

It often feels that my school has forgetten that Law School is a professional school. It's an investment, and our goal, as students, is to be prepared for and to land a job after we graduate. As an example, On Campus Interviews (OCI) are taking place right now, and the application process began in early August. Unbeknown to the majority of students, however, was the fact that our Office of Career Planning (OCP) is not as we left it in the Spring. Our entire staff (of 3, for 750 students) resigned, was released, or is on sabbatical. Upon returning this Fall, we found one new OCP attorney, with her Director not arriving until mid-September, long after OCI applications were due.

I'm sure there's an interesting back story here, and while we do seem to have upgraded our OCP staff, leaving students high and dry for OCI was a horrible means to that end. Some students at my school have lost out on interviews, quality internships, and possibly even jobs because Career Planning has not been enough of a priority for our administration. I can only hope that the positive reports I've heard and the positive acts I've seen from the newly hired staff marks a change in attitude at my law school.

For a larger discussion on the WSJ piece, see the WSJ Law Blog »

On the myth of academic meritocracy

Jerome Karabel in his NY Times op-ed The New College Try:

The paucity of students from poor and working-class backgrounds at the nation’s selective colleges should be a national scandal. Yet the problem resides not so much in discrimination in the admissions process . . . as in the definition of merit used by the elite colleges. For by the conventional definition, which relies heavily on scores on the SAT, the privileged are the meritorious; of all students nationwide who score more than 1300 on the SAT, two-thirds come from the top socioeconomic quartile and just 3 percent from the bottom quartile.

Only a vigorous policy of class-based affirmative action that accounts for the huge class differences in educational opportunity has a chance of altering this pattern. This change should be accompanied by a fundamental re-examination of the very meaning of “merit.”

Is resilience in the face of deprivation a form of achievement? Should universities expect — and even demand — higher levels of achievement from applicants who have enjoyed every social and educational advantage? Does the emphasis on outstanding extracurricular accomplishments privilege already privileged students who have the time, the resources and the opportunities to display such accomplishments?

This field is Karabell's area of expertise. Says Slate, of his book The Chosen:
Karabel's ultimate goal in deconstructing merit is not, however, to vindicate affirmative action but to expose the hollowness of the central American myth of equal opportunity. The selection process at elite universities is widely understood as the outward symbol, and in many ways the foundation, of our society's distribution of opportunities and rewards. It thus "legitimates the established order as one that rewards ability and hard work over the prerogatives of birth." But the truth, Karabel argues, is very nearly the opposite: Social mobility is diminishing, privilege is increasingly reproducing itself, and the system of higher education has become the chief means whereby well-situated parents pass on the "cultural capital" indispensable to success. "Merit" is always a political tool, always "bears the imprint of the distribution of power in the larger society." When merit was defined according to character attributes associated with the upper class, that imprint was plain for all to see, and to attack, but now that elite universities reward academic skills theoretically attainable by all, but in practice concentrated among the children of the well-to-do and the well-educated, the mark of power is, like the admissions process itself, "veiled." And it is precisely this appearance of equal opportunity that makes current-day admissions systems so effective a legitimating device.

In his 2005 New Yorker article Getting In, Malcom Gladwell cites to The Chosen and expounds on how admissions directors at elite schools are primarily concerned, long term, with creating and maintaining a brand:
Social scientists distinguish between what are known as treatment effects and selection effects. The Marine Corps, for instance, is largely a treatment-effect institution. It doesn't have an enormous admissions office grading applicants along four separate dimensions of toughness and intelligence. It's confident that the experience of undergoing Marine Corps basic training will turn you into a formidable soldier. A modeling agency, by contrast, is a selection-effect institution. You don't become beautiful by signing up with an agency. You get signed up by an agency because you're beautiful.

At the heart of the American obsession with the Ivy League is the belief that schools like Harvard provide the social and intellectual equivalent of Marine Corps basic training—that being taught by all those brilliant professors and meeting all those other motivated students and getting a degree with that powerful name on it will confer advantages that no local state university can provide. Fuelling the treatment-effect idea are studies showing that if you take two students with the same S.A.T. scores and grades, one of whom goes to a school like Harvard and one of whom goes to a less selective college, the Ivy Leaguer will make far more money ten or twenty years down the road.

The extraordinary emphasis the Ivy League places on admissions policies, though, makes it seem more like a modeling agency than like the Marine Corps[.]
Ivy League admissions directors are in the luxury-brand-management business, and "The Chosen," in the end, is a testament to just how well the brand managers in Cambridge, New Haven, and Princeton have done their job in the past seventy-five years. . . . No good brand manager would sacrifice reputation for short-term gain. The admissions directors at Harvard have always, similarly, been diligent about rewarding the children of graduates, or, as they are quaintly called, "legacies." . . . Karabel calls the practice [of legacy admissions] "unmeritocratic at best and profoundly corrupt at worst," but rewarding customer loyalty is what luxury brands do. Harvard wants good graduates, and part of their definition of a good graduate is someone who is a generous and loyal alumnus. And if you want generous and loyal alumni you have to reward them.

Regarding law schools, Gladwell notes:
Most élite law schools, to cite another example, follow a best-students model. That's why they rely so heavily on the L.S.A.T. Yet there's no reason to believe that a person's L.S.A.T. scores have much relation to how good a lawyer he will be. In a recent research project funded by the Law School Admission Council, the Berkeley researchers Sheldon Zedeck and Marjorie Shultz identified twenty-six "competencies" that they think effective lawyering demands—among them practical judgment, passion and engagement, legal-research skills, questioning and interviewing skills, negotiation skills, stress management, and so on—and the L.S.A.T. picks up only a handful of them. A law school that wants to select the best possible lawyers has to use a very different admissions process from a law school that wants to select the best possible law students. And wouldn't we prefer that at least some law schools try to select good lawyers instead of good law students?

This search for good lawyers, furthermore, is necessarily going to be subjective, because things like passion and engagement can't be measured as precisely as academic proficiency. Subjectivity in the admissions process is not just an occasion for discrimination; it is also, in better times, the only means available for giving us the social outcome we want.

And discrimination is what I see every day when I look around at law school. My school clings to our tenuous position as one of the top-100 law schools in the nation. At the same time, we're also one of the most diverse law schools in the nation. While I commend our administration for being more inclusive than administrations at peer institutions, I still feel, everyday, that I'm surrounded by the wealthy and the privileged.

Most of my classmates have parents who, at minimum, have college educations, if not advanced degrees. A huge percentage - if not a majority then close to it - have parents who are lawyers and/or doctors. On balance, all of my classmates work hard, but very few know just how lucky they are, just how few get the opportunity to attend law school, how few would even deign to consider college an option for them. Even fewer of my classmates can imagine or would dare try to place themselves in the shoes of someone who has lived their whole life without the safety nets, the time, the opportunity, the support, the balance, the lack of stress that they, themselves have enjoyed.

Meritocracy is preached from start to finish in law school. "Work hard and you'll succeed" is the mantra. By inference, those who don't succeed fail because they're not working hard enough. If only the school/teachers/students/profession would recognize that mantra is only true in a protected space, on a balanced field. All too often, for the vast majority, hard work alone isn't enough.

Tuesday, September 18, 2007

Fun facts about the U.S. Register of Copyrights


Marybeth Peters is our Registrar of Copyrights. She's served as an employee in the Office of Copyrights for over 40 years, and took over as Register in 1994.

One of her most important tasks is to head up reviews of copyright law to ensure that it continues to operate fairly in the face of ever-changing technology. She is also required by law to oversee periodic reviews of anti-circumvention rules, most notably the DMCA, to decide whether it's necessary to specify narrow exemptions.

Regarding the DMCA, Ms. Peters is not a fan of the Safe Harbor found in Section 512. This section requires that copyright holders (Viacom, for example) notify hosts of content on the Internet (YouTube, to name one) before the host must take down copyrighted content that has been posted by users. Only if the host fails to respond to these requests can the host be liable for participating in copyright infringement.

The Safe Harbor is a cornerstone of Google's argument in fighting high-profile copyright lawsuits, including one brought by Viacom, against its YouTube subsidiary.

While an expert in arena of copyright law, Ms. Peters is a technology novice. She does not own a computer for personal use, and considers herself a Luddite.

Of the DMCA, she says:

Shouldn't you have to filter? Shouldn't you have to take reasonable steps to make sure illegal stuff that went up comes down? . . . I think there are some issues.

Thursday, July 26, 2007

Fun Facts About Guantanamo

From This American Life: Habeas Schmabeas 2007 (Transcript)

  • 5% of detainees were caught/arrested by U.S. troops.
  • 8% are classified by the Pentagon as Al-Qaeda fighters.
  • Officials polled estimate that out of 600 detained men, 1-2 dozen could give info about Al-Qaeda.
  • 86% of prisoners were handed over by Pakistan or the Northern Alliance in exchange for a bounty offered by the U.S., often in the range of $5,000-$10,000 USD. More was offered for Al-Qaeda, less for Taliban, more for leaders either way.

Thursday, July 12, 2007

Emperor (not King), a sweater & sushi

Best. Lawyer bio. Ever. Under awards, Kevin notes that he was Oakwood Elementary School's "Boy of the Year".

Kevin, a Shareholder practicing in Otten Johnson's real estate group, was raised by penguins following a childhood boating accident. He graduated magna cum laude from Colby College, where he learned that not all issues can be reduced to black or white. He received his law degree from Boston University, which he attended on a full football scholarship through an administrative error. Thereafter, he worked for four years as an associate at a large law firm in New York, where he once rode an elevator to the top of the Empire State Building. He lectures frequently to his children on a variety of subjects. He enjoys swimming and fishing, despite the painful memories.
[Thanks to Jim for this gem.]