RSS FeedLegal Fools Abound
It’s not unknown for bloggers to take opportunity of April 1 to do something humorous, and this year is no exception. Mashable provides their list of the best April’s Fools day pranks. You might need some web translation tools to decipher this post on Slaw, and Shaunna Mireau gives her roundup of funny posts. But in my opinion, the best April Fools blawg posts come courtesy of the Legal Post. I actually fell for the first one I read:
- Seven Sister firms merge to create Canadian giant
- Law Society announces new equity surcharge
- Ontario court rules law firms must pay overtime to associates retroactively
Update
I take that back. The all-time best April Fool’s Day prank for 2010 goes to Erik Turkewitz, who claimed that the White House had picked him up as a blogger,
Since word is already dribbling out among my friends, I thought I should let you know here: I’m closing down this blog in the next few weeks to start up a new one at the White House as their official law blogger. I’ll have the opportunity to both expand the scope of my writing and serve my country at the same time. As blogging gigs go, it doesn’t get any better than that.
What’s great about this one is that several credible media and legal sources picked it up and presented it as authentic, including Above the Law, Orin Kerr at The Volokh Conspiracy, and even the New York Times.
Some people without a sense of humour are complaining about ethical violations. Admit it, you got punked.
Don’t jump to conclusions on Asian-perpetrated gun violence
Commenter Lynne rightly points out that even we perhaps jumped to conclusions in the case of Philadelphia law student, Gerald Ung. In January, we linked to Above the Law coverage of Ung, who had been arrested after shooting a man six times in the wee hours of the night. The story had described the incident as “(If true), not the first time an Asian-American law student in Philadelphia has gone on a shooting spree.”
This description perhaps buys into the stereotype of the crazed Asian student who suddenly explodes. Certainly, Virginia Tech is called to mind. Unfortunately, in Pennsylvania, the Ung case coincided with the sentencing of another Asian law student, Joseph Cho. In 2007, a schizophrenic and bi-polar Cho had shot at his neighbour’s front door because he had thought they were terrorists.
Above the Law has since redacted its article in the face of the possibility that the Asian-American shooter in this case has a potentially viable justification and legal defence. As details of the incident emerged, Gerald Ung has appeared less and less likely to fit the mold of the “typical”, mentally unhinged Asian.
First, security video that captures the shooting paints a picture far removed from the image of a crazed law student who snapped. The video shows Ung and a female friend being pursued by the shooting victim and a group of others. Ung is seen drawing the gun after the female friend is shoved – all the while, still retreating. When the victim rushes Ung, the gun discharges and continues to do so as both tumble to the ground.
After the shooting, reporters say the video depicts Ung remaining with the victim and calling 911 from his cell. As such, the video at least arguably portrays a justifiable act of self-defence rather than criminally condemned conduct.
Next, details of Ung and the victim themselves came to light.
On one side, a spokesperson for the victim’s family has said that the victim is considered a hero who stepped in front of the gun to save the lives of his two friends. He was a varsity lacrosse player who considered himself invincible. He has since been cleared of life-threatening injuries.
On the other hand, friends of Ung have also spoken out, insisting that the portrayal of Ung as a disturbed individual is simply inaccurate.
The Facebook group supporting Ung has 520 members. Ung’s fellow law students at Temple have also established a defence fund.
Nevertheless, Ung has been charged with criminal attempted murder, aggravated assault, carrying a firearm without a licence, possession of a weapon with intent, assault, and reckless endangerment. As the case proceeds towards trial, no doubt we’ll be hearing much more about both Ung and the victim. The preliminary hearing is schedule for April 16th. However, what is already clear is that this story is much more complicated than just another crazed Asian gunman.
Blawg Review #228
If you’re just starting law school, law blawgs can be your best friend. In addition to this site, here are 99 other blog posts that you should read to help prepare for your adventure. It won’t help you though if you’re a judge about to be tested.
Most law students want to be in the top 10-15% of their class, and there are career opportunities that depend on that. Ken DeLeon of Top-law-schools.com provides some tips for success in law school, including a handy flowchart on how to prepare for your law school exams. But keep in mind that the end of the billable hour might result in some changes to your legal education, and law students have different learning styles than the rest of the population.
Still applying to law school? An undergraduate degree in physics or math might be your best option to get a solid LSAT score. Remember that these days a law career is considered a risky option, and there are lawyers in Jersey actually working for free. Where else is success defined by more work (even for less pay), and not more recreational or family time? Larry Ribstein still thinks law school is the cool choice. But is it really worth it?
On the other hand you could elect to skip your classes, get intoxicated regularly, sleep with all the members of the opposite sex, gain a reputation as being a total douche bag, and then score a book and movie deal.
Introducing Tucker Max – asshole extraordinaire – a graduate of Duke Law that claims assholes finish first.
An inspiring personality, certainly, and an approach that John Infante of Fearfully Optimistic would definitely disagree with. It does make you wonder how many Dukes are faking the Daisy to hazard “celebrity bias.” The Bitter Lawyer has an exclusive interview with Tucker that is, at the very least, amusing.
Then again, “skipping classes, playing basketball, doing cocaine and getting drunk” might help you become President of the United States – but eventually someone might start asking for your law school transcripts. None of this is likely to come up during the President’s special advice to students tomorrow (Sept. 8). An open and transparent government, perhaps, but not that open. Reality check: the last refuge of the persecuted crack smoker may not be in law school.
Hey, “Some people snort cocaine, others snort religion,” and the latter is not necessarily better. The Exit at My Legal Fiction suggests wearing lipstick as a law school study aid, for some very compelling reasons. If you’re a missionary in Kenya, please don’t vow to go to law school out of religious convictions, unless you’re going to a low-ranking religious-affiliated law school. Happy Belated Todd, but I won’t be paying $25,000 for dinner any time soon.
Still, your biggest youthful indiscretion might be going to law school itself (and graduating at the bottom of your class hardly precludes success). If your indiscretions precede law school and include a criminal record, there are some disclosure issues you should consider. Using stolen Social Security Numbers to steal student loans for partying, with Tucker, Todd, or otherwise, probably isn’t a great idea. Assistant Deans at law schools? Not a good idea either.
Robert J. Ambrogi also tells us about Branigan Robertson of Chapman University School of Law, who won $10,000 for this video in the My Inspiration video contest:
These law students are doing better than a lot of lawyers these days. When life gives you lemons (or a recession), you should just make lemonade. Dan Markel is asking, what kind of juice are you making?
On the other hand, if you’re looking to avoid personalities like Tucker Max at all costs, you might be interested in Above the Law’s Douchiest Law School Contest.
No surprise that Harvard and Duke are currently heading the pack as finalists. Also check out Paul Caron’s review of U.S. News Law School Rankings for Judicial Clerkships, which includes data from Brian Leiter’s rankings. If douchiness turns you off of Yale and clerkships are really important to you, the University of North Dakota might be a good alternative. However, great credentials don’t always make more satisfied lawyers, because these guys tend to be plagued by that green-eyed monster.
Charon QC’s musings might be useful in determining if a “douchy law school” is worse than a “McDonalds of law schools,” while Dan Slater of the NYTimes suggests just locking the doors to all law schools because there are too few hiring positions. Still having a hard time picking a law school? The iPhone app Law School 100 is free until midnight tonight (Sept. 7). Study aids are becoming more interactive, with West’s new Interactive Case Series now linking to directly to law review articles cited in the case series.
Keep in mind that law school is different than undergrad, and you should probably clean up those social networks you’re on. After all, you wouldn’t want your mom witnessing you pulling a Tucker Max, and some employers might require you to submit your social media for a background check. Social media is also being increasingly being used in the courtroom, and no, the judge doesn’t really want to be your “friend.” Don’t get rid of that social media entirely though, because “People don’t find lawyers in the phone book… They find them through TV ads or friends or by searching the Internet, including blogs and social networking tools.”
Apparently what clients really want from their lawyer is to “feel the love,” so if someone comes to your office complaining they hurt their “tushy bone,” try not to laugh too hard. Be forewarned though – that volenti non fit injuria doctrine you learn in Torts class also applies to contracting Herpes Simplex I from wrestling, also known as Herpes Gladiatorium.
That’s probably not what Lauren in Law School had in mind when she suggested gladiator games as an alternative to On Campus Interviews (OCIs). You can get a list of the guys in your university with herpes from the new Campus Gossip site just to be on the safe side.
Although the number of followers you have on Twitter is no sign of of expertise or influence, it might land you a job (or lose it) with a firm or get you published, even if Perz Hilton decides to sue you for defamation. No “love” (or wrestling) for him, sorry. Some people do take Twitter seriously, perhaps too seriously.
Eric Goldman’s interview with David Lat highlights the importance of students networking during a crisis. Dennis Jansen also thinks that networking with your peers might be useful, but consists of more than “beaming your peers with business cards or mass-adding people on Facebook and LinkedIn.” As popular as WordPress may be for blogs, it just might not be for your law firm, and you even might be held liable for content on your site to a tune of $32.4 million.
The Law Society or State Bar is probably not going to like it if you steal other people’s Twitter content and pass it off as your own, like Melina Beninghoff did . Stealing content doesn’t take brilliance, and it barely takes effort. What is clever is coming up with this CraigsList listing from Los Angeles. But is stolen content any worse than fake content?
Today is also Labour (sic) Day in Canada and the U.S. That’s the Canadian spelling, because Labour Day did originate in Canada in 1872 with the Trade Unions Act, which legalized unions. The United States followed in 1882 with informal observance in New York City, and by 1894 it was observed by 23 states through legislation. Still, it was the American President Lincoln, not a Canadian, who said in December 1881,
It is assumed that labor is available only in connection with capital; that nobody labors unless somebody else, owning capital, somehow by the use of it induces him to labor…
Labor is prior to and independent of capital. Capital is only the fruit of labor, and could never have existed if labor had not existed.
Although most Canadian law schools start the day after Labour Day, many Americans start a week or two earlier. According to Blawg Review 122 it seems that in Dublin they start as late as October, but it might just be that everyone (students and profs) are recovering from prolonged hang-overs.
Labour relations are highly relevant for this edition of Blawg Review, since law professors at the University of California are considering a walk-out despite having the “best public education in the world.” Perhaps they could use this list of 24 alternative mediation dispute resolution sites to read.
Maybe they should just settle this all over a beer. Then again, those Canadian brewers are at it again with their trade-mark litigation! Next time someone tells you “I Am Canadian,” you might want to do your due diligence.
The big thing up here in Canada right now is Copyright Consultation Reform. Although over-reaching legislation is great for the lawyers, it does little for end-users of copyright material. If you’re one of those folks with a keen attention for cyberspace cases, this new blog following the 10 most important U.S. cases will probably be of interest.
But the big thing about Canada in the U.S. right now seems to be our healthcare system, which we’re rather partial to, despite what they mights say (Ignore those pesky suits). Send us your gladiators with herpes, and your perdurable impetus. All that talk over at Volokh about a “lottery system” can only be described as nonsense.
(At 1:53 Glenn Beck repeats lottery libel, and at 3:21 yells at a caller to get off his phone, “you little pinhead,” for not listening to the “facts.” The remix is even funnier.)
Although she acknowledges that healthcare reform is needed, Althouse has 10 things she hates about it. Change is always hard due to “status quo bias.” Madeleine Begun Kane has a limerick she wrote just for the spats over healthcare in the U.S. (watch your pinkies!):
“Majority rule is just great,”
Said Gregg in the drilling debate.
“You’ve got 51 votes,
Then you win.” Check his quotes.
Yet 51 Dem votes don’t rate.
Seeking medical treatment is probably the first thing you should do after a car accident, irrespective of whether it occurs in Canada or the U.S. Passen Law provides 9 other things you should do, including, of course, getting an experienced personal injury lawyer.
Another thing we have in Canada absent in the U.S. is a prohibition against the death penalty. Perhaps the fact that 45% of wrongful convictions in capital cases are based on jailhouse snitches has something to do with it. Mark Bennett of Defending People points out the interesting observation that a Texan executioner appears to be committing murder by that state’s law,
…would you participate in a death penalty trial, knowing that, for the rest of your life, with the turn of a tide of public opinion you could be prosecuted for making what you believed to be the right decision? You may be betting your life.
Do you think that employment contract with the State would protect you? Don’t count on it, as Jeffery I. Gordon mentions that most contracts are too brittle to withstand scrutiny, even if those FirstDrafter clauses look like they can do the job.
On the other hand, if your employment contract follows an affirmative action plan that is not remedial and narrowly tailored for past discrimination, it may constitute unlawful discrimination. We’re still not sure if a stripper constitutes an employee or an independent contractor in Employment Law class.
More guys in that class would probably express their anticipation for seeing Jessica Alba as the stripper-law student Nancy Callahan in the upcoming Sin City 2 if they weren’t concerned about objectifying women.
Don’t lose any sleep over it, unless you’ve sexually assaulted employees and are settling for $1.72 million. Be careful though – the risk of contracting gladiator herpes (and sins) rises exponentially when wrestling with strippers. You could also get robbed or raped.
Personally, I would be okay with any affirmative action that sought to get everyone but Tucker Max and any potential douches into my law school. Nancy Callahan might get a pass, as long as she doesn’t hook up with Tucker while she’s there.
Special thanks to David Shulman for editing on this piece.
That’s it for this week’s edition! Remember: Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.
Law is Cool – Podcast #9
Show Notes
Total running time 21:15
0:16 Jacob Kaufman and Omar Ha-Redeye introduce themselves.
0:44 Jacob and Omar discuss final exams.
2:10 Omar introduces Lisa Feinberg of UofO Law and the Canadian Interest and Public Policy Clinic (CIPPC), who is one of the law students that filed a complaint with the Privacy Commissioner over Facebook.
3:19 Lisa describes the 22 violations of PIPEDA that the students identified.
4:12 Lisa explains the effort that went into developing the project
5:01 Lisa tells us how the Privacy Commissioner creates and issues recommendations
5:50 Lisa relates the implications for Facebook users, even outside of Canada
7:39 Even though Lisa uses Facebook, she tells us how much more she learned about the site through the project.
9:11 Lisa expresses her interests in social networking, and how she got involved in the project.
11:23 Jacob shares some Facebook policies that demonstrate their attitude to privacy.
11:45 Jacob quotes James Grimmelman, who likens Facebook to a virus. Omar says it sounds like something out of The Matrix.
12:24 Omar introduces an interview with Khurrum Awan, complainant in a case against Maclean’s.
13:30 Khurrum describes the turnout at the Tribunal by members of the media, and the importance of independent coverage.
15:10 Khurrum explains the procedural elements of the Tribunal, when we can expect a decision, and where the case can potentially go from here.
16:32 Jacob talks about the different ways that law students apply their legal education towards advocacy work in real life.
17:08 Jacob shares some of the things he learned from the Facebook complaint, such as how applications can obtain your information without your explicit consent.
17:45 Jacob mentions Robert J. Sawyer’s theory in Maclean’s that notions of privacy are themselves outdated, and that we should have chips implanted in us at all times to track our movements.
18:40 Jacob mentions David Lat, a former American prosecutor who left the law to blog on Above the Law, and how he documented his weight-loss program online. Omar relates how this could be used in the potential trend of obesity lawsuits we could see in the future.
19:54 Jacob describes a New Brunswick case on the disclosure of Facebook materials, Knight v. Barrett, [2008] N.B.J. No. 102.
20:34 Omar and Jacob sign off.
(Look for an upcoming post on a recent Ontario decision regarding Facebook)
