Constitutional Daily

Founding Principles

The Tenure Paradox - Robot pimp

Slap on the Wrist for "Non-Consensual Sex" - Lampshade, Esq.

Intelligence: The Gathering - Graphic and Gratuitous

Grads are the New Illegals - Robot Pimp

Meet Entitlement Eric - Robot Pimp

Wherein I Solve World Peace - Lampshade, Esq.

A Necessary Delusion - Shadow Hand

Do you even need to shave overhead? - Lawyerlite

LSAT Jenga - Publius Picasso

http://www.constitutionaldaily.com/index.php?option=com_content&view=article&id=1573:legal-reasoning-redux-5&catid=38:there-and-never-back-again&Itemid=65

Time, Place, and Manner

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Herman Cain Says to Reread Some Document

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Republican Presidential hopeful Herman Cain gave a fiery speech discussing people who think we need to rewrite the Constitution.

...Not really sure who's calling for that, but Cain argues that what's needed is for people to get back to basics. Don't rewrite the Constitution, reread it. Typical Republic rhetoric, and frankly, people do need to spend a half hour actually reading the thing, maybe once every election cycle. But, Cain's speech has a strange twist to it:

 

...Yeeeah. That would be the Declaration of Independence, not the Constitution. That doesn't mean that the principles in the Declaration are any less important. Well, less important legally, but as far as our societal aims are concerned, the rights to life, liberty, and the pursuit of happiness are pretty important.

Ordinarily this would just be a silly gaff, useful only to news outlets trying to fill a 24 hour news day. It's not like he was citing the Declaration as the basis of some controversial law, where it really does make a difference which document you're using.

But to make that mistake during a speech about rereading the Constitution. ...Fire your speech writer. If you don't have a speech writer, stop writing your own speeches and hire a speech writer.

Law School Libraries: What Are They Good For?

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Would you pay $2000 a year for access to a law library? Not just any old crappy law library, but a really nice law school's library?

...Yeah, neither would we. Except that we did, and so did you: Law School Libraries: What Are They Good For?

ABA Discovers It's Not Regulating LLMs

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It's here, the day scambloggers have been waiting for: The ABA is overhauling its accreditation standards.

Oh...wait, what? Oh, just the LLM accreditation? Well, I guess that's still exciting... ?

Oh...wait, what? This doesn't affect accreditation?

Nope. LLM programs are not covered under ABA accreditation. They must not substantially interfere with the quality of the JD program. The new ABA rules are not regulations on the schools themselves, but a model rule it hopes states will adopt for foreign lawyers with an LLM attempting to sit for a state bar.

Under the new rules, students would be required to take a minimum of 26 hours to complete an LLM, and must take classes in constitutional law, civil procedure, history of the United States legal system (something not required for a JD), and legal writing and research.

The curriculum makes sense, if the typical LLM student is fresh out of a foreign law school and wants to practice law in the US. If you want to ensure minimum competency before letting them sit for the bar exam, these are the big things to cover to catch them up on the differences between their nation's laws and the United States. But, the rules are terrible if you look at the number of foreign LLM candidates who have been working for year, and either want to return to their home country or are very familiar with American law already. It makes even less sense when you look at the number of LLM candidates who are Americans going back for more (like almost every tax LLM).

In the end though, rather than changing the LLM program to ensure minimum competency before letting foreign lawyers practice law in the US, couldn't there just be a test? If you need to learn the basics, take those classes. If you know the basics and want an advanced education, take more focused, advanced classes. Either way, you still have to take the same test at the end.

Now, can anyone think of a good test of minimum competency for lawyers?

[National Law Journal via Law.com]

How to Properly Use a Summer Clerk

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If you're a summer law clerk, wondering why people keep dumping so much work on you at the last minute, it's because the lawyers managing you have a lot of golf, laundry, life to catch up on.

New from The Namby Pamby: How to Properly Use a Summer Clerk.

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