Archive for the 'law stuff' Category



Snoozefest

I’m aware that this blog has turned into a real snoozefest lately and I apologize for that. I know that I am nowhere near as busy as most people in the universe, but when I get busy I just don’t handle it well. I get cranky. And lately I have felt busy. And cranky.

I feel like work is piling up like crazy and everytime I think I have a handle on things, something drops out of the sky requiring my immediate attention. Relatedly, I feel so anxious and angry and sad about these political events that I don’t know where to focus my attention. As a former member of our union’s board and a current member of its bargaining team, I have been very active in meetings to discuss these goings on. Meetings after work and on weekends. And it’s been frustrating. Last night, I dreamt that Walker had us all corralled in a warehouse and he took out some sort of machine gun to keep everyone under control (even though everyone was under control). It was pretty upsetting.

On a positive note, though, I’m very excited that our long-awaited honeymoon is in T-5 days. Sint Maarten/Saint Martin, here we come!

Law schools: the students

In a recent post, I used The New York Times’ piece on the business that is law school to rail against the predatory nature of law schools. I told you, Dear Reader, that I would have a post to come about the students who attend law school. This is that post.

Well, this is that post with a bit of a twist. You see, yesterday Aaron and I saw Inside Job, the documentary about the global financial crisis that hit in 2008 and continues to be felt around the world. While watching Inside Job, I thought a lot about that Times article. The article features a guy, Michael Wallerstein, who must be nominated for Biggest Ass Ever to Come Out of Thomas Jefferson Law School. I’m pretty sure he’s the favorite for the win.  The kid is annoying at best, completely slapworthy at worst. Wallerstein calls himself part of the “Bailout Generation,” which is a totally new term for me. He seems to think that because Washington bailed out Wall Street, they may do the same for him and his student loans. His loans, by the way, may be $200,000, they may be $300,000. He doesn’t really know.

That attitude drives me crazy. Let someone else clean up my mess! But then after seeing Inside Job, I realized that it drives me crazy for another reason as well: it’s completely delusional. There is no Bailout Generation. At least not for people like me. Or even people like Wallerstein. The bailouts were, and always will be I fear, for the rich. And there will be no repercussions for those who receive them. Those folks go on to run other companies, run universities, run parts of the government. They go on to buy yachts and more houses in the Hamptons. They go on to write the tax code and financial laws. The repercussions of the pernicious actions of the rich, and of the government’s bailouts of the rich, don’t affect the rich, they affect the rest of us. They come in the form of an avalanche, hurting no one at the top of the mountain, but everyone on the way down and piling the most amount of damage on those at the very bottom. [I know the analogy isn’t perfect because, obviously, anyone in an avalanche’s path is going to be destroyed, but let’s just pretend it works.] Washington is not going to step in and help Wallerstein with his massive debt. It’s massive to Wallerstein, but it’s just one person’s debt and it’s meaningless to Washington. [In fact, Aaron told me recently that the interest paid to one’s student loans won’t even be tax-exempt as of 2013. As college and graduate school prices soar out of control compared with personal income, Washington has decided to get rid of the teeny tiny thing they did to help graduates out after accumulating massive loans to pay for an education.] Paying off Wallerstein’s debt — or any middle class or poor person’s debt — is not a priority for our government. There will be no bailouts for those who need the help.

Inside Job is a really great movie. It’s full of great footage of what the economic crisis really did — there are people living in tents in Florida, there are thousands of houses that sit empty and boarded up, there are people waiting in line for food stamps. There is great footage of the decadence and hedonism and arrogance that led to the crisis — Lehman Brothers’ six private jets, prostitution and cocaine, estates with acres and acres of land. But what really makes the movie so great is its simplicity. Over and over we hear that the financial world is far too complicated for us poor, pathetic lay people to understand. Economists laugh at reporters, as if their questions are cute or silly. And while I know that there are all sorts of things in this universe I do not understand, it does not take a genius, or even a BS in economics, to understand what went on here. It was greed.

The movie contains dozens of interviews of economists – some who had warned that the economic climate was becoming increasingly unstable and some who still pretend that they could not have seen this crisis coming. There are so many delicious bits in this movie! Some of the super fun ones come when the director, Charles Ferguson, interviews Frederic Mishkin, a professor in Columbia’s Business School, who also happened to be on the board of the Federal Reserve from September 2006 until May 2008, when he resigned. When Ferguson asks Mishkin why he resigned just as the world needed the most help, Mishkin answered that it was because he had a textbook to edit. Brilliant. Documentaries are so great when a director can get moments like that on film – it’s better than anything scripted. There’s also a perfect moment in the Mishkin interview in which he discusses his paper on the stability of Iceland’s economy. [The movie had started with shots of Iceland and a brief summary of how Iceland’s economy was a total house of cards. For more on Iceland’s nuttiness, I highly recommend this article in Vanity Fair from 2009.] Of course, Mishkin had taken money from Iceland’s Chamber of Commerce to write the puff piece. What may be even more interesting, though, is that his current resume cites the paper as a piece on the INstability of Iceland’s economy. When asked about the change, Mishkin dismissed it as a typo.

There are so many other great moments in the movie; moments when you laugh to keep yourself from crying. Ferguson is a polite, but tenacious, interviewer, which strikes an absolute perfect note, I think. My favorite thing in a documentary like this is when the director can get a previously cooperative subject to ask that the camera be turned off, which happened during part of the Ferguson interview with former Under Secretary of the Treasury during Bush 2, David McCormick. You can almost feel the satisfied grin of the movie’s crew. Zing!

Over the past couple of years, I have heard people state, or at least imply, that the homeowners who bought more than they could afford caused the economic crisis. I am now asking myself why I never felt that way, but why I am quick to blame Wallerstein for his behavior. Both groups of people have been swindled, really, and both groups of people could have known better. Of course part of why I blame Wallerstein is because he comes off as incredibly arrogant and entitled. And the poor homeowners highlighted in Inside Job did not speak English and were literally preyed upon by unscrupulous lenders and brokers. But both of those groups are probably extremes. Most people who have gotten themselves in over their heads are most likely in between. They maybe could have done better due diligence (what does this paperwork really say? how much do we really bring home a month? what kind of jobs are actually out there for recent law graduates? etc.), but both groups are clearly the Little Guy caught up in a savvy, greedy, well-oiled machine. So, while I am all for personal responsibility and owning up to your mistakes, we are talking about money-making practices that are designed to prey upon and chew up and spit out the person who is just looking for their little part of the dream. We aren’t talking about greedy kids or greedy working-class people. We are talking about folks who want to further their education or to put their family in a house. Those aren’t money-crazed people looking for a bailout. They were looking for a loan.

So while I put some responsibility on the students in this law school game, I put the bulk of the responsibility on the schools. The law schools, afterall, are supposed to teach ethics.

Law school: the schools

This is part one in a two-part series on my thoughts on this article from this Sunday’s NYT.

Is law school a racket?  One of the first jokes (I use that term loosely) students learn in law school is that the answer to every question is, “It depends.”  The answer to the question posed here is no different: it really does depend.  It depends on which law school you go to, how you finance it and what your end goal is.

I have long had issue with the US News & World Report’s rankings system and long suspected that there was little accountability and lots of number tweaking.  The article, though, gave me specific targets at which to aim my criticism: the schools themselves and the ABA.  (US News & World Report comes off — to me — as a weak lemming in the mix; reporting just what the ABA and the schools tell it to.)

I did not know that the ABA is setting the “standards” by which the schools measure themselves.  I suspect, of course, that the ABA is easily influenced by schools and their alum so, again, I focus my anger on the schools.

The schools have gotten away for YEARS with charging outrageous sums of money with promises of a rosy financial future.  We all knew that was happening.  What I did not know, though, is that one of the rankings by which US News judges the law schools is by looking at the employment figures for the school’s grads nine months after graduation.  Sounds reasonable, right?  Well, yes, but it does not mean that those grads have to be employed in anything related to the law.  They could be waiting tables, cleaning toilets or walking dogs for a living.  If they have a job, they count as a success!  What’s more is that if the school cannot locate its recent graduates — say, even 25% of them, which Thomas Jefferson School of Law apparently has lost — they count as employed to!  So, wowsers.  Incentive not to keep in touch with your grads?  I think so.

Another thing that I did not know, but suspected, is just how much the schools are overcharging.  Running a law school has a pretty high personnel-level cost to it, but it doesn’t have labs to run or super equipment to buy.  The article states that some law schools are so profitable that tuition money from them can be used to support other, less-flush areas of a university.  I actually don’t mind that idea and, in fact, I may even like it.  I like the idea of a law school, like Wisconsin, that is an important part of the university as a whole.  Law students can reap great benefits from having a fully-funded, thriving university outside its front doors.  Some law students get a dual degree in business or environmental science or history.  I took a Spanish class my third year.  But what about stand-alone law schools that pop up in strip malls in California?  Why does it cost $38,700 for one year of law school at Thomas Jefferson?  Or more than $40,000 at California Western School of Law? (Both in San Diego).  Because they can get it, I guess.  There is certainly no shortage of lenders.

So, the schools charge way too much money and lie about the job prospects.  That’s pretty bad, right?  What’s worse, I think, may be how self-righteous they are about it.

Beth Kransberger, identified as an associate dean of student affairs at Thomas Jefferson, is quoted as having said something that nearly had me throwing the paper across the room in disgust.  She first states that most students at Thomas Jefferson are either (1) the first in their family to get a law degree or (2) immigrants and, according to her, both groups are generally from modest means.  Um, hmm.  So, a dad who is a doctor + a mom who is an engineer = modest means?  Immigrant = poor?  Anyway, moving on.  Whether or not someone is from modest means has absolutely nothing to do with whether they should be accepted to an outrageously priced, craptastic law school.  Actually, maybe it does — maybe it means they should be automatically rejected because the school comes to its ethical senses, realizing that it deliberately preys upon the poor person who thinks a law degree from Thomas Jefferson is something worth paying for.

The idea that law schools are getting away with bilking students of vast sums of money by promising them a secure future in a very insecure world makes me want to scream.  What Ms. Kransberger, or any other law school administrator or professor, should be saying is this:  If you, potential law student, want to get a legal education you should be aware of the following:  (a) law school is expensive; (b) there is no guarantee that you will get a legal job — or any job — upon graduation; (c) the market is saturated with lawyers; (d) where your degree is from matters; (e) doing well in school matters; and (f) lenders expect to be paid back.  With interest.  Potential student, you should also know this: (a) a legal education can be a really great, exciting thing; (b) law school is at once academically vigorous and incredibly tedious; (c) being a lawyer is at once intellectually stimulating and painfully detail-oriented; (d) the law is the fundamental basis for a responsible civic community and, thus, as a lawyer, you will be a part of something very important; (e) you will, as a lawyer, often feel that you make no difference whatsoever and (f) every once in a while, you will feel very satisfied and proud.

Even if schools continue to charge crazy amounts for tuition (and I don’t see this changing anytime soon — it seems that academia always does well in a bad economy), I hope that they can at least be more honest with their consumers.  And if they cannot, they I hope the consumers will do their due diligence, wise-up and make more educated decisions.

Next post: the students!

[Full disclosure: Ms. Kransberger held a similar position to the one she holds now at the UW Law School when I was a student there.  In fact, at the beginning of my third year, I learned that the school would not be renewing the very small scholarship (about $500) that they had awarded me my first two years.  My friend, Jess, learned the same thing about hers.  Jess set up a meeting with Ms. Kransberger to discuss the situation, but Jess was quickly dismissed when Ms. Kransberger told her the decision was final, citing the school’s “obligation to its first year students.”  I believe I emailed Ms. Kransberger to complain about these decisions but never got a response.  To me, Ms. Kransberger seemed to be saying that her philosophy is to rope students in with inducements that they later take away when the students become so entrenched they have virtually no choice but to complete the degree.  Not that I would have gone to law school, or dropped out of law school, over $500, but the attitude was what struck me then — and strikes me now in the article — as almost unethical.]

I just have to share…

Aaron told me last night that he had read this great story about Justice Stevens and he sent me the quip just now.  I have to relay it because it’s so awesome.

“ONE of Justice Stevens’s trademarks is the courteousness with which he treats the lawyers who appear before the Supreme Court. When he wants to elicit information or make a point during oral argument, he typically interrupts the lawyer with the gentle preface, ‘May I ask you a question?’

During William Rehnquist’s tenure as chief justice, a lawyer was arguing in the court for the first time. When asked a question by Justice Anthony Kennedy, the nervous lawyer started her response with, ‘Well, Judge —’  Chief Justice Rehnquist interrupted her. ‘That’s Justice Kennedy,’ he said.

Shaken, the lawyer continued. A few minutes later, she responded to Justice David Souter by saying, ‘Yes, Judge.’  Chief Justice Rehnquist corrected her again: ‘That’s Justice Souter.’  

A couple of minutes later, she called Chief Justice Rehnquist himself a judge. The chief justice leaned forward, his deep voice now at its sternest, to say, ‘Counsel is admonished that this court is composed of justices, not judges.’

Before the lawyer could say anything, Justice Stevens interjected: ‘It’s O.K., Counsel. The Constitution makes the same mistake.'”

What a nice guy.

We knew it was coming

Although I knew it was coming, I have to say I’m tearing up a bit.  I have a hard time wrapping my mind around how much the Court has changed since I was in law school.  Soon there will be four different sitting justices from when I was a wee 3L.  Crazy. 

Terry had texted me a few weeks ago that she had met someone who knew a clerk of Justice Stevens and had been informed that he would be announcing his retirement shortly.  It had also been widely reported that he had hired only one clerk for the coming term (instead of four or whatever crazy number they get).  And, of course, he is 89 years old.  It was also pretty clear that he had been waiting out Bush’s term and hoping a Democrat (despite being a Republican himself — back when Republicans were reasonable, moderate, responsible people) would be able to fill his spot on the bench.  And though I have no doubt Obama will nominate someone capable, bright and thoughful to replace Stevens, no one will really be able to replace Stevens.  Although I didn’t always agree with him, I have been a great admirer of his for many years.  He is such a sincere, passionate, honest jurist it is impossible not to be.

I hope Justice Stevens has some quality years ahead of him because he deserves a nice retirement.