Got approval from
@NorthwesternLaw
to create a pop-up online course on "Law in the Time of Corona." Many interesting & important legal issues, incl Stafford Act, state-local emergency responses, employment law, force majeure, liability, drug approval, etc. Ideas?
Rumor has it that they are considering abolishing the bar exam at the end of the current lives of NCBE employees plus twenty one years. Wait, too soon?
A 6-3 Court is the end of life as we know it.
The fact that so many Dems are just treating this as something about decency or just health care or just RBG’s legacy is just fucking mind boggling.
This is the R’s end game - they get everything after this.
Wow, where's this guy been all my professional life? I feel like the shades have been pulled from my eyes by this rigorous constitutional analysis. Off to rip up my old syllabus; hold my calls.
@AnthonyMKreis
@GGKrishnamoomoo
@espinsegall
@CJSprigman
On the other hand, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Justice Kagan on campus today to say, inter alia, that Major Questions doctrine is just made up, and light years from any respectable textualist reasoning. Yep.
@NorthwesternLaw
Thread on constitutional challenges to the two important vaxx mandates of today, Biden administration & LA Unified School District. Preface: Anyone who claims dead certainty about what fed courts, and maybe ultimately SCOTUS, will do is presumptuous. Complex dynamics at play,/1
Done with deanship officially (now I can really say what's on my mind!!), but, as I cannot change my official handle, I'll just have to view the "Dean" part as honorific, as in "Colonel." Taking my "talents" to Cali now (visiting at Stanford Law). Deaning: It has been real.
Diploma privilege for 2020 grads is a civil rights issue. There is a generation of BIPOC law grads who, with obstacles from absurd in-person and highly problematic remote exams, will be excluded from profession. Access right is a civil right.
@diplomaprivileg
@BarExamTracker
@ElieNYC
is 100% right. I don't have time to write my own column, and not sure another column saying similar things well said here is warranted, but here is a quick take, fwiw: Folks are nervous because they think Jacobson (1905) is in serious jeopardy./1
2nd grandchild born last night, while I was teaching my Admin Law class at Northwestern. Efforts to get the parents to name the little girl Londoner or BiMettalic were rebuffed.
IMHO, we shouldn't descend to Trump's insulting of judges qua judges. There's a lot of there in the liberal-left twitterverse. Bad on both ends. Stick to the opinion, no?
Note to bar examiners in all these states that are defiant in their scheduled bar plans: Who do you think will have your back when all this is over? Not young lawyers; not law schools; not elected officials. You'll be all alone. And defendants.
#barpocalypse
Count me in as one among the many, many who view the SJC refusal to call M Judge and other witnesses, as necessary, as utterly indefensible by any standards of fair process.
How are we supposed to teach law students in a world in which the rule of law domestically does not constrain, globally is under assault w/POTUS blessing, and truth is under constant attack? What's the strategy? What remains pivotal in our classrooms? Asking for a friend.
I'll be tweeting regularly about my Marijuana law course at
@NorthwesternLaw
this term. Y'all have exactly 72 hours to get out all your cannabis-related witticisms before hard stop. I've heard them all. (Talking to you
@lawprofblawg
).
Daniil Medvedev, the world No 1 tennis player, could face a ban from Wimbledon unless he provides public assurances that he is not a supporter of President Putin
.
@NorthwesternLaw
I am pleased to share the news that my colleague, Prof. Kim Yuracko, will become the next Northwestern law dean effective with the new academic year. Kudos and all well wishes!
I don't begrudge those state bars which decided on online bar exam to replace in-person debacle. Many were working to do something meaningful for grads. Now we know this is a mess, and the courageous thing is to reconsider.
@BarExamTracker
@ISBAPresident
@molliejmcguire
Devastated at the passing of my mentor, my co-author, my friend, Mat McCubbins. I have a longer note on Facebook. Will try to figure out how to post it here. Meanwhile, forgive me for the scattered twitter reflections. It's hard to process. But he did live a full life.
@conor64
@AnthonyMKreis
@GGKrishnamoomoo
@espinsegall
@CJSprigman
You're like that student -- that guy, because it's almost always a guy -- who cobbles together from the internet, a few articles they found somewhere, & some beer-fueled discussion w/lawyer friends some opaque point about law, to show off to your prof. Seldom helpful. Bro.
UPDATE: Statement from Dean Chemerinsky:
“I am enormously sad that we have students who are so rude as to come into my home, in my backyard, and use this social occasion for their political agenda.”
Two more “dinners will go forward on Wednesday and Thursday. I hope that there
From the scholarship work desk: I just now cut 12,000 words from what was (obviously) a very bloated article draft. It's no worse for this deep cut, but I am still somewhat sad for all that now left on cutting room floor . . . You feel me?
Law in the Time of Corona pop-up course at
@NorthwesternLaw
goes live today. Runs for 5 weeks. Nearly 150 students signed up. Working on a publicly accessible (MOOC) version. Stay tuned. Thanks to
@ProfLWiley
& others for great help.
Exasperating: Tom Goldstein cites "some" as source for stupid assertion that Judge Kruger is "intellectually stronger" than Judge KBJ. Then otherwise careful
@DavidLat
retweets same quote. Incredibly careless and utterly baseless.
My law school classmate and moot court partner (OK, so maybe she carried me), the Hon. Jennifer Granholm, new Energy Sec'y. Great pick; great leader for an important task. (And working alongside another classmate, Ron Klain). HLS '87 represents!
Just read a FB post by David Lat! Not out of the woods, as he says firmly and twice, but much improved. So fantastic to see this note; so encouraging. Get well soon, David!!
@DavidLat
Of allies, opponents, and enemies: a thread. As expected,
@NCBEX
will formally oppose (through a "motion to postpone")
#Resolution10G
at tomorrow's
@ABAesq
house of delegates meeting. This is in blatant disregard to the interests and passionate voices of our grads; and also in/1
Pleased that my friend and an accomplished dean,
@HariOsofsky
, whose work I have so long admired, is our next dean at
@NorthwesternLaw
. Congrats to us. Our future is bright.
Hall of shame. Eight states still firm in pressing ahead with as-scheduled in-person bar exams, putting grads at health risk: North Carolina, South Carolina, Mississippi, Iowa, Oklahoma, Idaho, North Dakota, West Virginia. (Welcome corrections).
@KorematsuCtr
@Kleee
Not sure what you will all be doing tomorrow afternoon. I will be Zooming into the
@ABAesq
House of Delegates meeting to speak proudly on behalf of
#Resolution10G
and calling out
@NCBEX
for its utter hypocrisy & craven disregard of our graduates' lives and health. Tune in!
Here is a report from an in-person bar exam this week: "Conditions today at one building in particular were horrible. No soap in the bathrooms. 7 of 8 proctors not wearing masks. Just no enforcement of anyone wearing masks." But state bars, you keep doing what you are doing.
The very fact that a state supreme court justice would use the phrase "half lawyers" to describe limited license legal technicians who are working to assist vulnerable citizens should leave us aghast--and also ever more urgent about the need for change.
I miss traveling to give faculty workshops. Visiting new towns & law schools, meeting smart law profs, give-and-take, buying local swag, great dinner, stroll & a nightcap at the cool place. Miss it.
I am going on a 90% vegan diet (the 10% being a limited amount of fish/shellfish). Wish me luck. And tips welcome. Uncharted territory. Will keep you posted.
Pleased that Cambridge U Press has offered me a contract to publish my book-in-progress, "Good Governing and Constitutional Construction: The Police Power in the American States." Busy summer!
Having a prominent GC lawyer lecture me just now about how my offer to help law students in this difficult period was actually exclusionary because it was limited to "just" law professors tells me that I really need a break from twitter. This negative energy is a drag. Bye.
For law students beginning this most unusual of academic years, stay strong, healthy & resolute. You have human resources in your own law school, faculty & administrators (not to mention your colleagues). You also have resources here on Twitter, from so many experienced/1
Wise choice by Berkeley Law. Other law schools will make this choice, either very soon (best decision for affected students), later this summer (not ideal, but is what it is), or early in the fall when the trainwreck happens.
@BerkeleyLaw
@TheAALS
Two quick reflections on the extraordinary student/grad-led movement to steer bar authorities toward more humane solutions: 1) student & young alum activism is the new normal. Legal orgs & law schools take note; 2) self-regulation is in serious jeopardy.
@lawprofblawg
New readers: If it is not crystal clear from my tweets, I support diploma privilege for 2020 ABA grads without qualification. The alternatives, however well-meaning, are inadequate. And special shame to states in the "business as usual" group.
Hall of shame. Eight states still firm in pressing ahead with as-scheduled in-person bar exams, putting grads at health risk: North Carolina, South Carolina, Mississippi, Iowa, Oklahoma, Idaho, North Dakota, West Virginia. (Welcome corrections).
@KorematsuCtr
@Kleee
Twitter accomplishment of the afternoon: In my profile, took out all the stuff following "law prof, Northwestern." Including "ex-dean." Because, who cares? And the rest. Replaced it with "students first."
As we approach this Labor Day weekend, let's give it up for the incredible labor of our law students and law grads, persisting & achieving during this unspeakably difficult, stressful time. Hang in there; 2020 will pass.
#standwithstudents
#barpocalypse
#lawtwitter
Anyone out in academic law twitter land who is thinking of just giving up the rest of the semester is a coward. You need to figure out how to use Zoom? You need to develop creative engagement strategies to assist your students? Then let's talk. But let's do our jobs.
Pleased to be visiting at
@Harvard_Law
this spring. Teaching Leg-Reg to 90 eager 1Ls. Also a reading seminar on cannabis law. >100students on the wait list! (Something tells me that this is not about me).
Here is another reason why all law schools should get behind the
#DiplomaPrivilege
movement: Showing that you all have your grads backs will be noticed by would-be law students. And you want those students. They will vote with their feet.
@diplomaprivileg
@BarExamTracker
Missing from Twitter X for a spell while I was frantically working to get book manuscript to publisher. Hit send today. So what did I miss while I was gone?
Although this will be a class formally limited to
@NorthwesternLaw
students, am working on getting the materials and recordings available for more general access. Will keep folks posted.
Got approval from
@NorthwesternLaw
to create a pop-up online course on "Law in the Time of Corona." Many interesting & important legal issues, incl Stafford Act, state-local emergency responses, employment law, force majeure, liability, drug approval, etc. Ideas?
For those grads who are braving this fire and taking the bar exam and signing waivers: You will have an army of skilled lawyers standing with you to get them crushed. In courts of law and in courts of public opinion. (Word to the wise,
#barpocalypse
governors).
@BPrybol
Some surgery, some recovery, X-mas in Chicago with family (kids & grandkid), quiet new year, then hopefully to San Diego for AALS. What doesn't kill me makes me stronger! Stressed, but blessed. Happy holidays to y'all.
"privilege kids registered and then roasted her during the Q&A!!!!" Wow, if this is harassment, then I have dozens of emails from students when I was dean that I forgot to send along to C&F that were at least as critical!! Give me a break.
@KarenSloanNLJ
@BezaresVincent
So it is appearing that Illinois powers-that-be are quietly kicking bar examinees under the bus once again by cancelling the ill-fated remote exam and saying "wait until February." Rationalizing it by saying that there is limited practice option. But this is chimerical, for the/1
This business of "well, there is the tiny subset of intellectually strong Black women and the rest are affirmative action riff-raff" is horrendous, even by the standards of twitter bloviating. This short list is made up of incredibly impressive Black women lawyers.
Even if Trump were thinking only in terms of his own political survival, he would be tougher on Putin, because he must realize that kowtowing only strengthens suspicions of collusion. But Trump just cannot bring himself to do it. Me in
@PostOpinions
:
After nearly four years on the council and 18 months as chair, it's time for me to step away from the ABA Innovation Center. I have enjoyed my time working with this incredible group, and am grateful to
@ABAesq
for putting me in this role. However, I believe that the present/1
Honoring my dad, who, as part of a segregated troop of Brown & Black soldiers at end of WWII, helped liberate the Mauthausen concentration camp. He went to reunions w/survivors every year while he was able.
#neverforget
#Holocaust
Very positive. Many will say that YLS and SLS are unique because so rich. But lots more schools could do this if so motivated. I tried to do this but the provost said no (no longer the provost). Makes good sense.
Rest of summer looms large of course before next academic year, but pleased to note that I will be splitting spring semester of '23 between two terrific law schools in the southwest,
@TAMULawSchool
and
@uarizonalaw
. Looking forward to working with students & faculty there.
Heartbroken to report the passing of my friend, Paula Littlewood. She of WA state bar leadership, contributor to so many great causes. Legal innovator & passionate access to justice warrior. So many contributions. Beloved and fierce; smart & tactical. We've lost so much.
You should have seen the nasty notes I got privately & others sent around (and leaked to me) as they scrambled to put out this self-created dumpster fire.
@molliejmcguire
@BarExamTracker
@JosephPatrice