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

Time, Place, and Manner

...Should have some links here or something.


Steve Diamond just outright lies about SCU's historical employment rate claims

E-mail Print PDF

This post has been updated. See the end for more ground breaking idiocy by Stephen F. Diamond.

We promise we're going to find something to write about other than Santa Clara law prof Steve Diamond just making shit up.

...And that'll happen just as soon as Steve stops making shit up.

In the newest post on his blag, he complains about Brian Tamanaha's statement at the Cato Institute that as the market was falling apart law schools were reporting employment rates of 90%+.

In fact, however, when I went back and looked, as one example, at what my own law school disclosed as employment statistics in 2008 and 2009 I was unable to find the 90% statement.

Our first thought was "To the Wayback Machine!" but Steve-o beat us to it:

Here is what SCU posted in the Fall of 2008 about employment. If one compares it with what we now post, in response to the new ABA guidelines, it seems to me there is not a dramatic difference. The much vaunted “bi-modal” distribution is clearly visible as is the fact that only about half the class reported salaries (form which any rational individual could conclude that that only half had employment at that point). The alleged “90%” statement is nowhere to be found, although someone better at using the Wayback machine may be able to do a more thorough search and find it. If they do, please let me know.

Those readers with more calendar savvy will note that Steve links to a July 2010 capture, and July 2010 didn't occur in the Fall of 2008. The data are however for the class of 2008, data which was collected in February 2009. The dates aside, let's see if we can find the 90% employment statement:

Total Private Sector: 83%

Total Public Sector: 16%

Hm... Where is that 90%+ figure hiding...

Wait! I think we've got it! The total employment rate for the class would be those employed in the private sector plus those employed in the public sector, and 83% + 16% = 99%

Get out your calculators and double check that.

Santa Clara also reported a 98% rate for its 2007 grads.


This post was picked up by Inside the Law School Scam and Lawyers, Guns and Money (Campos writes for both), and in response to that, Stephen has written another defense of SCU's numbers:

The fact is that SCU, perhaps as did many schools, made a reasonable effort to determine who is employed upon graduation and where. Not every student replies but of course 100% of the students who do report back, sure enough, adds up to 100% of the students who report back. And that’s why the school created a chart that has a column labeled “% of reported.”  The actual number who report back is on the same page and includes a heading that says “44% reported” and, two clicks away, is the number of actual students in the new entering class (233 day, 77 evening/part-time).

Of course 100% of the students who do report back adds up to 100% of those who report back. But the chart isn't of students who report back. It's of students who reported being employed. And yeah, 100% of students who reported being employed will add up to 100% students who reported being employed, but no where on the chart does it indicate that it's only outcomes for students with jobs. It's labeled "Statistics for Graduating Class of 2008," which plainly implies the entire class, or at least all those who responded. Except that it's not everyone who responded. 4.0% of students who responded said they were unemployed, and another 1.5% went on to pursue another degree.

Nowhere does SCU disclose these numbers, and nothing on the page indicates that the chart is just a cherry picked subset of the whole class. Depending on how you interpret it, the chart either purports to be for the entire class, or is intentionally ambiguous with the intent of giving the impression that the data represent the entire class.

California Civil Code Section 1572 provides:

Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;

3. The suppression of that which is true, by one having knowledge or belief of the fact;

4. A promise made without any intention of performing it; or,

5. Any other act fitted to deceive.

Looks like Steve Diamond might not be the biggest fraud at 500 El Camino Real.

blog comments powered by Disqus

Philadelphia Lawyer, Unfiltered

The finest blend of analysis, advice, and fury on the internet. Sour mash, oak barrel aged, published at cask strength.


Most Recent Article:

In Defense of Risk (Happy Fourth of July)

All Articles from The Philadelphia Lawyer

Author Profile

The Robot Pimp

An in depth look at the emerging intersection of law, behavioral economics, and robots.

Most Recent Article:

The Tenure Paradox

All Articles from The Robot Pimp

Author Profile

Practice Makes Putrid

Legal practice would be all rainbows and buttercups, if it weren't for the clients, and opposing counsel, and co-counsel, and judges, and the law.

Most Recent Article:

Eat Mor Fiv Freedums

All Articles from The Namby Pamby

Author Profile

Gin and Glannon's

As Shadow Hand suffers through law school, the rest of us get a little Schadenfreude.

Most Recent Article:

I Just Work Here

All Articles From Shadow Hand

Author Profile

Irresistible Impulse

Dr. Rob Dobrenski's daring expedition into the psychology of lawyers and the law. (Not a substitute for a life well lived.)

Most Recent Article:

You're Not a Failure, You're a Narcissist

All Articles from Dr. Rob

Author Profile

Graphic and Gratuitous

Sometimes cartoons are the highest form of communication. Those times are known as "most of the time."

Most Recent Cartoons:

Intelligence: The Gathering

All Cartoons

There And Never Back Again

Defunct Big Law attorney BL1Y shares his misadventures as a writer who accidentally went to law school.


Most Recent Article:


All Articles from BL1Y

Author Profile

Lampshade, Esquire

We're dealing with some technical difficulties here. Hold up a minute.

All Articles From Lampshade, Esq.

Staff Infections

News, humor, and other non-billables from our underpaid, uncredited, unsexy staff.


News Articles

Smaller News Bits

Large Numbers of Law

Mixed Bag of Lawesome


Scofflaw Multistate Bar Review