Author Archives: Frank

“What’s Going On at Law School Admission Council?”

The other day I noted that LSAC in raising test fees in response to a decline in LSAT test-takers.  I attributed that to the utter isolation from economic reality that the legal education business has enjoyed.  Over at Balkinization, Brian Tamanaha points out … Continue reading

Shining optimism to alcoholic depression

American law schools are sometimes charged with turning out people who are so driven, competitive, and insecure that they end up hating their lives and their careers, and too often sink into depression or alcoholism. Turns out, this is one thing … Continue reading

Incivility as a tool for the marginalized

Much of the ranting about the problems with American law schools (here and elsewhere) strikes many observers as uncivil.  Many critics are over the top when they talk about law schools lying, deceiving, stealing from students, preying on the helpless, engaging … Continue reading

Some new associates are having fun

Two observations about the “incident” in France in which a young Shearman & Sterling lawyer who was siring socialite (and royal sister-in-law) Pippa Middleton (left) around Paris brandished a toy handgun at annoying paparazzi. First, it’s good to see some … Continue reading

Delegating power to your enemies

Lawyers are pretty devious, and law professors are part of the clan when it comes to deviousness, if that’s a word.  In an interesting new paper, Delegating to Enemies.  Jacob Gerson and Adrian Vermeule discuss the surprisingly common situation in which the best thing … Continue reading

Fewer people want our product? Charge more!

It’s hard to think of a dumber principle on which to base a business decision, but the good folks at the Law School Admissions Council have figured out how to deal with an ugly 15% drop in demand from their customers … Continue reading

“Good faith” threat to breach

When is a threat to breach a contract unless the other party agrees to pay more (or take less) made in “good faith.”  I raise the issue over at ContractsProf Blog.

Getting rid of “professionalism”

In a thoughtful and perceptive new paper, Calling Law a “Profession” Only Confuses Thinking About the Challenges Lawyers Face, Thomas D. Morgan (Geo. Washington) makes a good case that the term “professionalism,” as currently uses in the law trade, doesn’t do … Continue reading

Twitter, football, Osama bin Laden, and contract law

Over at the Technology and Marketing Law Blog, Eric Goldman (Santa Clara) and Venkat Balasubramani (Focal PLLC) are exchanging views about a new decision, Mendenhall v. HanesBrands, Inc.  In the case, NFL running back  Rashard Mendenhallof the Pittsburgh Steelers signed an endorsement deal for Champion … Continue reading

Challenging “Challenging Carnegie”

The February issue of th Journal of Legal Education, the scholarly house organ of the Association of American Law Schools, has a thought-provoking article by Kristen Holmquist (UC-Berkeley), Challenging Carnegie.  For the uninitiated, “Carnegie” means the Carnegie FAT’s report, Educating Lawyers, … Continue reading