Category Archives: Law School

I Start A Legal Academics’ “Copyright Experiences Wiki”

Prompted by discussions on various law professor mailings lists of abusive copyright demands by law reviews and legal publishers, I've set up a quick wiki for legal writers to document their copyright experiences.

I don't know if law professors — many of whom will have never seen a wiki before — can be persuaded to contribute to this, especially as the instructions I've provided are pretty light weight. But it would be nice if this caught on.

So if you have ever published in a law review or a book with an academic press that does legal topics, please consider adding your copyright experience to this database.

Posted in Law School, Law: Copyright and DMCA | 5 Comments

Law School Takes A Long Time for a Reason

Kasei: The Importance of Fudgability, discovers that the life of the law is not logic, and that lawyers are hard to replace with expert systems:

A team of adjudicators spent a lot of their time reading application forms, deciding whether relevant criteria had been met, and then writing a response letter containing their decision. This seemed to be a straightforward rules-based system that could automated away, so we interviewed some staff, watched them do their job for a while, and implemented our replacement system. …

In hindsight, we had made several major mistakes – mistakes that seem to be repeated again and again throughout the software industry.

Part of the problem was how arrogant we were. We believed that we could spend a couple of days watching trained lawyers perform a highly-skilled job, talk briefly to them, and then make their jobs completely obsolete.

Worse, we made the job completely non-fudgable. In any human process there's always a degree to which the outcome can be fudged by the person performing the task. Even when the rules are simple or well-understood, there are always cases when someone will have a compelling reason to do things differently. In this case we didn't even know all the rules, and discovered to our horror that there were many more edge-cases than we'd imagined.

My students will be the next-to-last to be outsourced, right before the pizza delivery guys. (spotted via the blog with the great name, 0xDECAFBAD)

Posted in Law School | 6 Comments

An Extreme Approach to Faculty Time Management

Via Invisible Adjunct comes the tale of Prof. David Lester's extreme approach to managing the conflicting demands on a professor's time that get in the way of writing.

I suppose the guy is a nut, and there's no doubt that if everyone was like this it would be a Bad Thing, but I will confess that as I read it, I could see how a person could be driven to it. Certainly, I would go to fewer faculty meetings if I could square it with my conscience. Or with my live-in conscience, the spouse who is also a colleague.

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Posted in Law School | 1 Comment

Two Views of ‘What I Want in a Law Professor’

At Stay of Execution, Scheherazade (what a great alias!) writes about What I Want in a Law Professor, prompting Jeremy Blachman to post his list. I hope this starts a trend: it's healthy for students to think about this sort of thing, and healthy for faculty to hear it. (Spotted via Eric Muller)

Posted in Law School | Comments Off on Two Views of ‘What I Want in a Law Professor’

Why I am Not Making a Modest Proposal About Makeovers as Preparation for a Career as a Lawyer

I had been going to suggest that since studies show that better looking lawyers make more money, the law school should start offering third year students free makeovers and hire a dress consultant in an effort to create more rich alumni and generally happier 'customers'.

But I'm reconsidering. In light of this story in today's Daily Telegraph, I'm not at all sure it is in a lawyer's interests to look too good. It seems that the Court of Appeal in London may order a new trial after a recent fraud conviction because — two weeks after the end of the trial — the foreman (a woman) sent the prosecuting barrister (described as a happily married man) a bottle of champagne and note asking, “What does a lady need to do to attract your attention?” It could be that a lawyer can look too good for his/her own good.

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Posted in Completely Different, Law School | Comments Off on Why I am Not Making a Modest Proposal About Makeovers as Preparation for a Career as a Lawyer

Does Blogging Count as Academic Work?

Stephen Bainbridge's somewhat tongue in check suggestion that if his blog is being cited in high-class law journals maybe he should get institutional credit for blogging gets taken somewhat seriously by one law dean.

Boy do I have mixed feelings about this. On the one hand, I think a smart Law Dean (or any academic administrator) should encourage blogging by folks who will raise an institution's profile as part of a general strategy of institutional advancement. I proposed just that to our Dean some time ago, but other than generously offering to pay my hosting costs (an offer I declined so that I could also use the host in good conscience for various personal and family projects), and telling the faculty in a memo that if anyone else wants a blog the school would pick up the tab, the idea didn't go far in the law school; fortunately the University will be rolling out blogs for everyone Real Soon Now. While I could see a very enlightened Dean counting blogging as a form of community service, I wouldn't expect that to be very common. That said, there are a few blogs — Larry Solum's extraordinary efforts come immediately to mind even without prompting — that probably should count in other columns too.

On the other hand, while if pressed I would claim that my running ICANNWatch is a form of community service, I wouldn't make that claim for the more self-indulgent, mostly half-baked, musings and agitprop here. Plus, I'd feel odd asking for credit for another one of my hobbies. I already made my hobby my job by becoming an Internet lawyer. Besides, I'm already having too much fun on my job to make this part of it.

Posted in Blogs, Law School | Comments Off on Does Blogging Count as Academic Work?