I'll be cleaning up the blog and winnowing posts down to the hardcore criminal law topics (and some of the really good posts on other topics). This will take some time. But for now, enjoy The Dog's posts, starting from the early days, as I bring them back online!
THE LEGAL WATCHDOG
Criminal Law & Procedure
Friday, June 7, 2024
Sunday, April 26, 2015
Advanced Interdisciplinary Studies: Community and the Law (Part 2)
I
realize that law school deans need to “sell” their product and industry to a
variety of groups, including would-be students.
But sometimes, dean-speak is so bizarre you have to wonder if the dean gave
even minimal thought before spinning a particular yarn. To continue with my new field of
interdisciplinary study, Community and the Law, let’s begin with our
baseline dean: Community’s Craig Pelton, Dean of the fictional Greendale
Community College . Dean Pelton recently bragged that his school
is “now ranked fifth . . . on Colorado ’s
alphabetical listing of community colleges.”
That claim pretty much speaks for itself. And unfortunately, some real-life law school
deans appear to be using Dean Pelton as their role model.
Tuesday, April 21, 2015
Advanced Interdisciplinary Studies: Community and the Law (Part 1)
Despite
its comic intentions, the television show Community — season 6 now
available on Yahoo! Screen — has been surprisingly accurate in its
portrayal of higher education and, more specifically, of law school. For example, the show, set on the campus of Greendale
Community College , did a great job
of explaining the importance of law school: “Anyone can be a lawyer; you can even represent yourself.” And through
its character Jeff Winger, the show essentially proved that the J.D. degree is really
nothing more than a dressed-up associate’s degree. But in season 6, Community is becoming
eerily prescient, and it’s getting harder and harder to differentiate the
fictional Greendale Community
College from real-life law schools.
Friday, August 8, 2014
California State Bar Serves Up Delicious Irony
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"This is delicious!" |
Lawyer ethics rules —
particularly those regarding confidentiality — are supposed to protect
clients. But sometimes the bureaucrats
are so obsessed with giving the impression
that they are protecting the public that they actually lose sight of that goal. For example, when doing research for a new law
review article, I came across several articles discussing the California Bar’s “Formal
Opinion 1986-87.” This opinion is now
quite old, but it is so absurd that it is still being discussed and debated in legal publications as recently as 2013. In
short, the opinion deals with California ’s
version of the bizarre ethics rule that prohibits an attorney from revealing any information relating to the
representation of a client. And the word
“information” includes not only confidential client communications and other secrets, but all
information, including information that is widely and publicly available. (If you are a Wisconsin
lawyer and think this is ridiculous, you might be surprised to learn that we,
along with most states, have similarly absurd rules in the form of SCRs 1.6 and
1.9.)
Monday, August 4, 2014
“You’re not killing me properly” and other legal news
I’ve often criticized government
officials for completely botching nearly every aspect of the criminal justice
system. (Until my recent spate of legal
education-related posts, government-bashing is pretty much what this blog has
been about since I took to the keyboard with the inaugural post on judicial
incompetence in 2010.) If fact, the negligence,
complete ineptitude, and even intentional wrongdoing of many police,
prosecutors, and judges makes for a compelling argument against the death penalty.
But now there is a better argument: government officials aren’t even
capable of killing someone properly.
Tuesday, July 29, 2014
Summer hiatus (and good links)
Knightly and I are on summer break, where we're alternating naps and research for a new law review article. In the meantime, checkout these blog posts for some interesting goings on. First, and most significantly, there is good news for practicing lawyers: law school enrollments will be down yet again this fall. If these declines continue, eventually the huge backlog of unemployed lawyers (and the massive numbers of underemployed lawyers) might be able to find suitable work -- though we are a long way off from that utopia.
This graph nicely illustrates thedipping plummeting applications over the past decade. This post at Third Tier Reality (a great blog, but not for the law professor or the overly sensitive) discusses how this fall's entering class of law students will likely be the smallest since 1974, even though we now have dozens more law schools than when Steely Dan was making magic.
This graph nicely illustrates the
Friday, July 4, 2014
Bad Business
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TV viewing with Knight |
Wednesday, June 25, 2014
Big Ten conference to dissolve, Rose Bowl to terminate, sky to fall
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"Really, Jim?" |
A group of college football players at Northwestern recently
won the right to unionize and negotiate for better working conditions, health
insurance, scholarship terms, and other forms of pay and benefits. Essentially, the athletes were deemed to be
“employees.” This makes sense, of course, as they are under the university’s control, provide a service to the university, produce millions of
dollars in revenue for the university, and receive benefits, including tuition and books, in
return. (The fact that they’re paid in goods and services, instead of cash, shouldn’t turn them into non-employees.) According to this ESPN report,
however, the Big Ten’s Jim Delany says that if the schools actually have to pay
their athletes, the conference will dissolve and it will also bring an end to
the traditional Rose Bowl matchup between the Big Ten and Pac 12 champions. Really, Jim?
Friday, June 20, 2014
Work experience: Northwestern Law School’s double standard?
I recently read an interview of Northwestern
Law School ’s
Daniel Rodriguez. In it, he said that
Northwestern Law has taken a page from the business schools and requires—or,
more accurately, strongly prefers—that its incoming
law students have two years of work experience before reentering academia’s
bubble. A double check on the school’s website confirms this: ninety percent of the incoming students have worked at
least one year, and more than seventy percent have worked at least two years. Fair enough.
But then I wondered: does Northwestern
Law School
impose a comparable, two-year legal work experience preference on its law professors?
Sunday, May 25, 2014
Associate’s degree in law?
Attorney Jeff Winger got caught. After he graduated from law school, passed
the bar exam, and launched a successful career at a law firm, the Colorado Bar
Association found out about his fake bachelor’s degree. The punishment: disbarment. The light at the end of the tunnel: go back
to college and earn a post-J.D.
bachelor’s degree and be readmitted to the bar.
When Winger arrived on campus, one of the professors—a former drunk-driving
client of Winger’s—asked: “I thought you had a bachelor’s from Columbia ?” Winger responded: “And now I have to get one
from America. And it can’t be an email
attachment.”
Jeff Winger is just a
fictional character on NBC’s amazing but recently canceled television show Community (DVDs available here), but his situation got me
thinking: aren’t law degrees really just associate’s degrees?
Saturday, May 24, 2014
The Law: “Jealous Mistress” or Ignored Spouse?
Back in the Paper Chase era, law school deans would tell their incoming
classes: “Look to your left, look to your right—one of you won’t be here next
year.” Along with this scare tactic came
the now-famous warning that “the law is a jealous mistress,” and will require nearly
all of a student’s time and attention if he or she hopes to graduate from law
school. Oh, how times have changed. And for proof, look no further than the
University of Texas Law School.
Saturday, May 17, 2014
Legal education potluck: judges, lawyers, law schools, law profs, and law reviews
Saturday, April 26, 2014
When it comes to privacy, NSA is only part of the problem
A single, now-famous whistleblower and countless journalists
have exposed widespread NSA operations that invade our privacy and violate the
Fourth Amendment. But the NSA, the
police, and other government agents are only part of the problem. The bigger problem is that the judiciary—the supposedly
neutral and detached group to whom we look for protection from the NSA and its
ilk—has reduced the Fourth Amendment to meaningless jargon. In reality, every day in nearly every city and state across the country, state-court judges are allowing government agents to
violate the Fourth Amendment’s warrant requirement at the expense of our privacy
rights.
Thursday, April 24, 2014
The law school student loan mess
The
government has done it again. It all
began innocently enough when the government got into the student loan
business. But the educational industrial
complex knew a sucker when it saw one, so schools started raising tuition to get
more of that guaranteed government cheese.
And law schools were the worst offenders. Even though the study of law requires only a
casebook (or an internet connection), a pencil, and a notepad -- the Socratic
method hasn’t changed much since the days of Socrates -- law schools still raised
tuition quite dramatically each year. In
fact, they raised it faster than inflation, faster than college-level tuition,
and even faster than medical school tuition -- even though colleges and medical
schools require expensive equipment and other facilities that law schools do
not. But
the government asked no questions. It
could have asked, for example, “Why, law school, do you need a double-digit
annual tuition increase when technology is driving costs down and your professors
are already being paid triple of what college professors earn, even though they
teach fewer classes?”
Wednesday, April 16, 2014
Drugs, plea deals, snitches, trials, and hung juries
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Yours truly and T. Rose Photo by Leo Martin |
Defense
attorney Terry Rose (pictured on right) just conducted some sharp
cross-examination and delivered a cut-to-the-chase closing argument to get a hung jury
in a drug delivery case. His trial raises
several points. First, our legislature
is crazy. (More on that below.) Second, a substance that is allegedly delivered to
an undercover snitch should not increase in weight after the government uses up a portion of it for chemical testing. And third, government
witnesses who hope to work off their own charges by testifying and burying the
defendant are motivated to lie, much like a salesman is motivated to sell.
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