Category Archives: Law School

Grrrrrrrrrrrrrr

I am grading. This makes me grumpy.

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Fellowship Opportunity for Graduating Law Student

ACS Offers Paid, One-Year Law Fellowship

The American Constitution Society (ACS), one of the nation's leading progressive legal organizations, seeks a talented, versatile and energetic recent law school graduate to serve as a Law Fellow. The Fellowship will begin in September 2009. The Fellow will serve as part of ACS's Programs staff, which is led by a group of experienced attorneys who coordinate and facilitate ACS's rapidly expanding output of innovative, highly relevant legal and public policy work. The Fellow will work with existing Programs staff to assist in coordinating the work of ACS's Constitution in the 21st Century project, an ambitious multi-year effort to engage scholars, practitioners, public officials and law students in the articulation and dissemination of a progressive vision of the Constitution, law and public policy. In close coordination with the Programs staff attorneys, the Fellow will:

  • Assist in developing and planning ACS speaking programs on cutting-edge legal and policy issues, such as briefings at the National Press Club and on Capitol Hill, conferences and symposia around the country and the ACS National Convention;
  • Manage the listservs of the ACS Issue Groups (ACS's national network of legal practitioners, scholars, and activists), selecting and posting relevant materials and leading substantive discussions among Issue Group members;
  • Help draft program guides for ACS chapters and materials for the public such as short papers based on ACS Issue Briefs;
  • Maintain relations with public interest advocates, academics and private practitioners;
  • Perform legal research and writing projects as assigned, to further the work of the ACS Issue Groups;
  • Attend conferences, hearings or other events as assigned; and
  • Assist the Program team in other ways as the need arises.

The Fellowship is a one-year position, with salary and excellent benefits provided by ACS. A law degree from a U.S. law school is required. The ideal candidate will be a recent law school graduate who has a strong academic record; excellent research, writing and oral communication skills; and strong interpersonal skills. He or she also will have demonstrated initiative, organization and attention to detail.

Salary commensurate with other public service legal fellowships; the same benefits that are offered to full-time ACS staff. ACS is an equal opportunity employer; women, people of color, people with disabilities, and gay, lesbian, bisexual and transgender people are encouraged to apply. To apply, send a cover letter; resume; 5-10 page, self-edited writing sample; and three references to ACS via U.S. mail (ACS, 1333 H Street NW, 11th Floor, Washington, D.C. 20005); email (jobs@ACSLaw.org); or fax (202-393-6189; Attn: Shannon Hiller). No phone calls please.

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The Scariest Moments in Law Teaching

Jay Wexler suggests that The Scariest Moment of any Class Meeting “is always the very first one”.

That's absolutely not my experience — the moment before the first class, open with infinite possibility, is anything but scary. Exciting and hopeful, yes. The only sour note is if any of the students seem scared — I hate that, as I want the freedom to push them to be rigorous and feel constrained in doing that if I am finding that they experience it as scary as opposed to educational. (Now, the second class, after everyone runs away…) And, kidding aside, the same is true more generally of every class — I'm always psyched to get going at the start, to the point where I often forget about any admnistrivia and announcements because my mind is on the substance. Conversely, I am usually loath to stop, as I have so much more I'd love to say…

No, for me the fourth-scariest moment in law teaching is the pre-exam review session, when students come in with their (sometimes surprisingly picky) questions — the one time in the semester I don't have my security blanket of notes in case my mind goes blank. It hasn't yet, but what if it did?

The third-scariest moment is right after I send in my grades. How will the students who did poorly react? So far the worst experience has been with the ones who come to my office and cry, which can be very wrenching. But in the past I've also had someone (a visiting student; I trust ours would know better) call me at home and harangue me to change a grade (which our rules forbid). I even had one person, long ago, come to my office and threaten me — not, I hasten to add, with physical harm, but with an implausible claim that I'd suffer professional retaliation because the one of the student's relatives was Very Important.

And the second-scariest moment is just before I send in my exam. Exam design is very difficult, and I continually wish I could find someone to train me in it. There are so many ways things can go wrong: creation of unintentional distractions; writing questions that are too easy or too hard; writing questions destined to produce results that are hard to grade (either because there are too many minor issues or because the students all fixate on too few); and, most likely, writing questions that produce answers that are basically all alike and hence very very boring to read.

But the very scariest moment — without question — is that moment right before I open the blue books. What if I did a bad job and they didn't learn anything?

So unlike Jay Wexler, for me, all the scariest stuff is at the end.

That would be … right about now.

Posted in Law School | 1 Comment

Law School Price Wars Beginning? Not Quite Yet…

ABA Journal, Law School Free for UC Irvine's Entering 2009 Class.

Students who enroll at the University of California’s new law school in Irvine next fall will get their legal education for free.

The law school is giving full tuition scholarships worth about $100,000 to its first 2009 class of about 60 students, the National Law Journal reports.

Charles Cannon, assistant dean of development and external affairs at the law school, told the publication UC Irvine hopes to attract high-quality students with the offer. The free tuition is expected to cost the school about $6 million, he said.

Irvine is a start-up school. It has hired quality faculty, and this should let them get started with a bang.

I presume, though, they won't be making a habit of this. But if they do, it could lead to a wave of discounting in law school tuition which would change the face of legal education (and in the long run, most likely be in substantial part at the expense of faculty salaries since I doubt we or others schools like us could raise the money it would take to replace a third of our tuition revenue).

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More About Starting Salaries

The comments to University of Miami Law Tops Florida Bar Pass devolved into a discussion of the employment prospects of our graduates.

In the course of that discussion, questions were raised about the data the law school publishes in its Viewbook. In particular, commentators questioned the claim made there that the average starting salary for UM grads who work in firms is over $100,000. I wondered about that myself, as the breakout data later on the same page seemed to suggest something lower.

Could the law school have made a (convenient) error in the viewbook?

I took my concerns to the law school administration, who responded by giving me a full data dump and a full explanation. I don't have the energy to try to type in all the data, so I'll just try a simplified version of the explanation. [If you really have to have more, or have further questions, the Dean of Career Development, Marcy Cox, mcox@law.miami.edu (305-284-2668), says she's happy to address them.]

According to Career Development Office, the reason why the both $104,500 number and the more detailed but somewhat different pie charts accompanying it are accurate has to do with response rates, differing data sets, and national reporting standards.

Not everyone who responded to the law school's survey about what they were doing immediately after graduation chose to disclose their salary. Thus, the charts about firm size, for example, are based on a bigger data pool than the salary number. In 2007 we had 378 JDs. Of that group, 346 had replied to our survey at the time the Viewbook was produced. Of that 346, however, not all worked for firms — and of the group that worked for firms only about 46% gave us salary data. So the average salary number of $104,500 is based on the data provided by that 46%.

Since firm size and starting salary are related, you might reasonably object — as I did — that it would be more reasonable to pro-rate the responses of the people who gave salary data on the assumption that the people who didn't fill in that part of the survey earned similar amounts by comparable firm size. And I still think there's something to that. But I'm told by the Career Office — and I believe them — that the average salary data is presented the way it is because that's how all law schools do it and the goal is to provide prospective students with numbers that can fairly be compared to what is provided by other law schools.

The Career Development Office avers that it collects the data and reports it in accordance with ABA and NALP guidelines, using the same methods that every other accredited law school in the country uses. Were the law school to do something else, the administration notes, it would no longer be reporting to students in the way it reports to the ABA and NALP. That would mean our data would have an asterisk. And even if we were doing it in order to provide better data the inevitable conclusion that most people would draw is that we were trying to hide something. So the Catch-22 is that we have to do it this way, possibly sacrificing some statistical excellence and even accuracy, or else we'll look like we're engaged in some sort of cover-up. And, of course, in addition to having an asterisk, we'd be harming our competitive position since we'd have gone to some trouble to calculate and report a lower number which would harm marketing and recruiting.

It seems to me that UM is between a rock and a hard place here. I would prefer that we use the best statistical techniques, pro-rate the data we have, and let the chips fall where they may. Following the national standards will, I believe, tend to cause this (and apparently almost every other) law school to report a number as “average” that is in fact likely to be higher than the reality. By my back-of-the-envelope calculations, what UM — following a methodology its competitors use — reports as an “average” salary for graduates in firms, is most likely closer to what someone in the 75th percentile of the salary distribution gets. And given the law firm salary structure is now a notoriously double-humped curve (see Starting Salaries For Law Students are BiModal — If Not Bipolar for more details), this is a fairly severe truth-in-advertising problem.

Students nationally have some right to be upset. On the other hand, it seems pretty hard to ask UM to engage in unilateral disarmament in the recruitment wars: this is a job for the ABA or the AALS to resolve on a national level. (It also means that students thinking about a law career and hoping for the giant salaries offered by the biggest firms should really understand what that double-humped curve means to their prospects.)

Meanwhile, however, I've asked the Career Development Office to include something in the next edition of the Viewbook that makes clearer the relationship between the various data sets it uses. They've agreed in principle, and we'll thrash out some language when time comes to do the next edition.

Posted in Law School, Law: Practice, U.Miami | 3 Comments

University of Miami Law Tops Florida Bar Pass

Congratulations to the UM Class of 2008, which recorded a stellar bar pass rate on the Florida bar exam. According to the official list, our grads achieved the highest pass rate of all Florida law schools, with a 92.4% pass rate among first-time test-takers. (More bragging at the official UM announcement.)

I've reproduced the full table below, sorted by percentage passing, based on the raw data (sorted by number passing) contained in a .pdf from the Bar Examiners.

But first, a few words of warning: Bar Pass Rates are Over-Rated As A Measure of Law School Quality.

Number Taking Number Passing Percent Passing
U. Miami 236 218 92.4
FIU 64 58 90.6
U. Florida 235 210 89.4
Nova Southeastern 197 169 85.8
FSU 212 181 85.4
Stetson 173 147 85.0
Florida Coastal 192 158 82.3
St. Thomas 135 108 80.0
non-Florida Schools 722 558 77.3
Barry 123 93 75.6
Florida A&M 78 53 67.9
———- ——— ———- ———
Total 2367 1953 82.5

It would be sort of interesting to extend this table with a column showing percent of class taking the exam, and also percent of class taking out of state exams.

The percent in-state vs. out-of-state tells you something about how national/regional/local the law school is. A large number taking no bar at all raises the question whether the law school is steering some students away from the summer bar exam in order to prop up its statistics, although there are also other very innocuous explanations. It may be that many students go on to LL.Ms and put off the bar, or that the school prepares them for other sorts of careers. The no-bar-anywhere number only raises a question, rather than answering it.

The first number is probably easy to get, but I don't know about the second. We graduated 442 JD's last year, making the 236 Florida test takers just 53.3% of the UM graduating class. My impression is that just about all of our JDs took a bar exam somewhere, and that the numbers reflect a reality that we run a school with both national and Florida ambitions, but I could be wrong about that. Indeed, if you'd asked me, I'd have guessed that the Florida-national ratio was more like 2:1 than 1:1, which suggests either that anecdotal evidence is not worth much, or that the school is becoming more national.

Posted in Florida, Law School | 34 Comments