Constitutional Daily

Constitutional Daily

UC-Hastings Pulls Name Off Palestinian Rights Conference

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What is it with the California university system law schools and the Israeli-Palestinian conflict?

At the end of last month, UC-Hastings College of Law hosted "Litigating Palestine," a conference that would examine the legal rights of Palestinians and how human rights abuse claims could be litigated in domestic or international courts.

But, in an emergency closed-door meeting the night before the conference, the Hastings board voted to remove the school's name from the conference materials and prohibit Dean Frank Wu from giving the opening remarks. Hastings Foundation President Basil Plastires said he was concerned that the nature of the conference might lead some alumni to stop donating to the school.

San Francisco attorney Deborah Bogaards and Hastings Foundation board member led the charge against the conference, citing co-sponsor Trans-Arab Research Institute's extremist agenda as well as the one-sided nature of the panel, and called the conference "an anti-Israel extremist political organizing conference under the guise of legal respectability."

She added, "What I think happened is professor George Bisharat presented the topic to the academic executive faculty committee, and did a bait and switch."

Bogaards did not attend the conference.

Apparently it's not appropriate to see if your suspicions about a group's motives are true. Better to just go ahead and condemn the group in a forum that affords them no opportunity for rebuttal. Remember, the goal of diversity is to show that people who look and smell different can share the same point of view.

It's the academic way.

[The Recorder via Law.com]

Should Your Law Firm be on the Flugenweb?

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New from our unsexy, unpaid, uncredited staff, a look at the costs and benefits of getting a Twitter account for your law firm.

Read it here: Should Your Law Firm be on the Flugenweb?

Pro-Palestinian Protest at UC-Davis Law

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On April 5th, Akiva Tor, the Israeli Consul General for the Pacific Northwest gave a talk at UC-Davis, organized by the Jewish Law Student Association.

Members of Students for Justice in Palestine were seated in the audience with red tape placed over their mouths.

We have video of the incident and a statement from the SJP (will update with a statement from the JLSA when available).

Read (and watch) it here.

NY Lawyer Wants to Sell His Bathrooms

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Kenneth Anand, principle of Anand Law is selling his house in the New Rochelle region of New York. Pelham Manor, if you know the area, and "that part of the mainland that's just past the Bronx, where stuff starts getting kinda nice, which Manhattanites refer to as 'upstate' but isn't realy up state," if you don't.

The 2,745 sq. ft. home is listed at $1.025 million, has three bedrooms, and get this... six (6) bathrooms.

Do you know how many hours you can bill sitting on six different toilets?

This guy must be some amazing constitutional scholar.

[BlockShopper]

MTA Drops the (Inflatable) Hammer on Metrocard Artist

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Oil paintings on your New York City metrocard, pretty spiffy, right?

Well, not according to the MTA.  Artist VH McKenzie was sent a cease and desist letter from the MTA after they got word that he was doctoring metrocards and selling them.

"While we at the MTA are flattered that you recognize the value of our brand to consumers, please understand the MTA has a well-established product licensing program which markets authorized versions of such products. While we have no record of your firm requesting or being granted such authorization, we are prepared to initiate discussions with you about acquiring a license from us.

"The MTA's intellectual property is protected by applicable copyright law and trademark law. The manner in which your web site markets these items, such as your reference to New York City subway, implies involvement and/or endorsement of your business and products by the MTA.

"The MTA considers its intellectual property to be a valuable asset which we protect from dilution and confusion in the marketplace. The MTA obtained and maintains its registered trademarks, copyrights and intellectual property in the public interest. It is important for the MTA to be able to communicate with the public about its services, as well as operate its established licensed products program, without unauthorized users of its intellectual property creating confusion.

"Please reply to me by email or in writing to acknowledge receipt of this notice, and to indicate your intention to remove this item from Etsy and cease any sales of the item."

At least the MTA didn't come down too hard on him. They did offer to grant the artist a license so he could continue his work.

The Village Voice contacted the artist, who said he would remove "before" images of the cards, and added a disclaimer stating that the artwork was not authorized by the MTA, is not endorsed by the city, yadda yadda yadda.  They also reached out to the MTA for comment. Mark Heavy, Chief of Marketing and Advertising responded:

"This artist is selling the artwork on Etsy.com as a MetroCard, which is an MTA trademarked brand. Imagine if an artist decorated copies of the Village Voice and sold these as The Village Voice . . . I suspect the attorneys at Village Voice Media LLC would have an issue with that. If other artists are doing this for profit, it is not with the MTA's tacit agreement; it's just that we don't know about it. Whenever we find someone profiting from use of our trademarks, we must strictly enforce and protect our trademark rights. As a public entity, this is our obligation. And the issue is not the size of the infringer (individual or corporation), but the principle. Note that whenever we find an infringement, we do politely offer the opportunity to discuss a license agreement. The licensing industry standard is 10% of net sales, which is a small price to pay for the ability to market the products as "Officially Licensed by MTA" and the potential to sell the product through the MTA's own stores."

You know you're failing as an artist when the giant, evil government bureaucracy comes across as the reasonable and even-handed one.

[Village Voice]

Is Exam Transparency Needed?

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Yesterday, University of San Diego School of Law professor Jean Ramirez admitted to her 1L criminal law class that exams from last Fall were incorrectly graded:

Dear Sections D & E,

Yesterday, I discovered that the fall 2010 Criminal Law grades were inaccurate due to a data entry error. As you know, the midterm exam was supposed to constitute 25% of the final grade and the final exam 75% of the final grade. Unfortunate mistakes in data entry reversed the intended weight of the exams.

The data has been correctly reentered into the law school’s grading program, and new grades have been posted. Many of you will have no grade change. Those of you who now have a higher grade will be elated, and those of you who now have a lower grade will be disappointed. Whether your grade is higher, lower, or the same, what is important here is that you receive the grade you earned. I am, however, truly sorry for any grief this situation causes any of you.

Understandably, some of you will be concerned about how a change in your grade may affect your overall academic status. You will be contacted by the Office for JD Student Affairs if a grade change affects your participation in the program of First Year Academic Supervision. If you would like to discuss how any grade change affects your academic standing in general, please contact [Redacted].

My sincerest apology to all of you,

Jean Ramirez
Professor of Law
University of San Diego

Given that 1L students applying for summer jobs only have 3-4 grades on their transcript (depending on whether their legal writing and research class is graded, or pass/fail), this is a big freaking deal, and it's quite likely that some students either were denied jobs because their grades were incorrectly low, or simply did not apply to some jobs, believing they didn't meet the grade criteria.

While accidents are bound to happen, this problem could have been entirely avoided if the professor had simply returned exams to the students and posted the curve of the class. The error would have been caught the next day, and not 4 months later. But, many classes never return exams to the students, and exams that are returned tend to contain a number or letter grade and nothing else.

The way law school exams are presently graded means that errors may never be caught, but it also means that errors the student made also go uncorrected. If you get a B in Evidence, you know you got some of the rules wrong, but you don't know which. Or, maybe you knew all the rules, but applied the facts wrong, or didn't go into enough depth.

Yes, you can usually schedule a meeting with your professor to go over your exam, but that form of feedback is highly problematic. Students with poor grades are likely to feel embarrassed and aren't going to be too eager to schedule a meeting, especially with a professor they likely find intimidating. Would you want to sit in a professor's office and listen to him explain to you why you are wrong about so many things? Probably not. But, you might more easily take to heart written feedback on your exam.

And, the whole exam conference system only works because no one uses it.  If every student in a 100 person class wants a 20 minute meeting to go over their exam, and the professor schedules 2 office hours during the week, it will take 4 months for the professor to see every student, and that's assuming the professor doesn't need office hours for anything else, such as the class he is currently teaching, and every spot is able to be filled, which is unlikely due to scheduling conflicts.

Perhaps it's time for law professors to catch up to the rest of academia and start providing substantive feedback to students as the norm, not the exception.

[ATL]

Yale Law Applications Down 16.5%, Duke 20%

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Applications to Yale Law School have drop 16.5%, down to 3,172 from the previous 3,797.  Applications to Duke are down by 20%, though even with the decrease, the Duke applicant pool is still its third largest in history.

The Law School Admissions Council had previously reported that the overall drop in law school applications was 11.6%.

Wendy Margolis, Director of Communications for the LSAC said this about the decline in applications:

"Applicants and applications were up quite a bit in the mid first decade of this century, but this is correcting itself now. People are giving [their futures] more consideration before applying."

While it's certainly good that people are taking longer, more realistic look at law school before applying, the word "correcting" strikes us as a little weird. Not that it's the LSAC's job to say who and how many people should be applying to law school, but were they aware that the previous high numbers needed to be corrected?

[Yale Daily News]

No Blind Drunk Justice This Week

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Sorry folks, but, you see, what had happened is...

I forgot to hit the record button.

Yeeeeup.

Anyways, there's a new episode of the Down by Lawcast available, or you can spend your time checking out Dr. Rob and Ben Corman's Attention Crash podcast, both available over there on the left hand side bar thingy, and also on iTunes.  Be sure to use the pop-up mp3 player so it doesn't stop playing if you navigate away from the page.

And if neither of those options entices you, here's presidential hopeful Roy Moore being cross examined during the hearing to remove him for defying a federal court order to get rid of the Ten Commandments monument he placed in the Alabama Supreme Court House.

Large Numbers of Law, Week of 4/4/11

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In this week's Large Numbers of Law we take a look at the Department of Justice's budget. The total cost per employee, attorney salaries, and the cost of the DoJ's IT support.

Read it here: Large Numbers of Law, Week of 4/4/11

Alabama Beer On Track to Get Bigger, Localer

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The Alabama Brewery Modernization Act has moved one step closer to becoming law, passing the State Senate and moving to the House for a vote.  The act is aimed at easing restrictions on the location of microbreweries and the sale of their products to retailers. Here's an idea of the changes the Act would bring:

(1) The brewpub premises must be located in an historic building or site as defined in Section 40-8-1, in a wet county or wet municipality, in which county beer was brewed for public consumption prior to the ratification of the Eighteenth Amendment to the U.S. Constitution in 1919.

A second piece of legislation, the Gourmet Bottle Bill has been introduced into the State House, but has not yet moved forward. The bill would increase the maximum bottle size from 16 ounces to 24.5 ounces.

Disclosure: BL1Y is a member of lobbying organization Free the Hops, which drafted the Brewery Modernization Act and the Gourmet Bottle Bill.

[Brewery Modernization Act]

[Gourmet Bottle Bill]

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