Danielle D'Onfro
@danielledonfro
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Prof @WashULaw . Property, Tech, Corps, Consumers, Private Law Theory.
Joined March 2009
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I am delighted to have received the magical email confirming that I will be promoted with tenure on January 1. I am very grateful to all of my colleagues, friends, and family who have supported me in this adventure. Letter writers: double thanks to you, whoever you are!
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When I came back to
@WilmerHale
after kiddo
#1
, I hadn’t lost the baby weight and people around me kept joking about my upcoming leave while not assigning me work. I only got new assignments after sending an email informing everyone that I was not pregnant again & not amused.
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I am delighted to announce that “Contract-Wrapped Property” is forthcoming in
@HarvLRev
.
Equitable servitudes on chattels are not supposed to be enforceable, but suddenly they are.
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Below is Tower Grove Park--the second largest park in Saint Louis and a gem to the region. This is a story about
@STLCityGov
and its engineering consultant
@lochgroup
sacrificing access to that park and the safety of the children who play there to cars.
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Even better was being 3/4 time but billing 2000 hours the next year and getting a bad performance review for being “unwilling to put in the time needed” on some partner’s non-billable project—a project on which firm rules only allowed me to spend 10 hours.
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In honor of July 1, a midsummer writing meditation for the legal academy
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There are so many ways to convey that parents are not welcome. Some more explicit than others but all the same in the end.
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Friends, I am hiring chair this year at WashU and would love to hear from you either with your own resume or names of folks we should read. We're open to all fields but have specific needs in 1L private law, international law, corporations, and antitrust.
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Seeing what other random cities have done with their infrastructure funds makes the
@STLCityGov
and
@lochgroup
plans for Kingshighway especially depressing. STL has the real estate (and $) but lacks the vision to build a great city
Below is Tower Grove Park--the second largest park in Saint Louis and a gem to the region. This is a story about
@STLCityGov
and its engineering consultant
@lochgroup
sacrificing access to that park and the safety of the children who play there to cars.
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Pfizer. Can confirm that it’s not an effective form of birth control.
People who have gotten vaccinated please share your experience so we can retweet. Aggressively.
The narrative of unconfirmed disproportionate horror stories is flooding the socials and it’s causing a lot of hesitancy.
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Responses to yesterday's thread from
@moorehn
on freelance writing is a goldmine for lay understandings of markets. I'm tired of the "we have to treat our workers like shit because we're growing" arg--If you need a subsidy from your workers, give them an equity stake in your co.
8) Our standard rates for memoir pieces are $300. We know that’s not a lot. We’ve worked hard to build a business model that lets us pay even that much, and we hope to continue to raise our rates as we continue to grow our company.
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Friends, in honor of the term being over, I gift you all this covid edition of law prof summer writing bingo. This year's prizes include self-satisfaction, likes, and, if you're lucky, retweets.
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6 lanes between a school and a park.
@ScottOgilvieSTL
we need your office to fix the
@lochgroup
’s plans for this road now.
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Wow, no. We owe it to our students to make excellent online classes. This will be more work than replaying an already-prepared in-person class, but this is literally our job. I’ve done a lot of online teaching. It’s different, but not that different different, from F2F.
.
@JoshMBlackman
(
@STCL_Houston
): Law Professors Should Not Waste Their Time Creating Online Class Content
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Academic parenting in a nutshell: The comment-box dialog between
@danepps
and me as we try to get a coauthored paper out this cycle with a newborn in the house. The paper baby is fussier than the baby baby. Jury's out on which one sleeps better.
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Twitter Friends, I'm posted a draft of my current project on SSRN. I'm exploring how the law of bailment works as digital assets replace our tangible personal property. If you like the internet, property, law french, &/or datasets, this paper is for you
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My husband and I are both academics. My almost three year old begins all big announcements (“I want a transformer,” “I peed,” “look what I made” etc) with “I have a question.”
Tell me a story about yourself the sounds like a lie but is absolutely true.
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Hello Law Review Editors: Please do not move your normal spring submission window earlier this year. Lots of parents had school/care closures over the holidays and losing a couple of weeks of key writing time matters. Also, pls post your submission window on your website now. Thx
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I'm delighted to announce that The New Bailments is forthcoming in
@WashLawReview
! Many thanks to all of the student editors who read it along the way.
Twitter Friends, I'm posted a draft of my current project on SSRN. I'm exploring how the law of bailment works as digital assets replace our tangible personal property. If you like the internet, property, law french, &/or datasets, this paper is for you
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Me passing baby to
@danepps
: My arms are dead from my workout yesterday
5yo: You keep doing those workouts and it hasn't arrived
Me: What hasn't arrived
5yo: Your strength
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At the public meeting
@STLCityGov
said the decision to keep the drag strip was
@lochgroup
's. Naturally,
@lochgroup
said they just made recommendations based on their study. Frankly, it's embarrassing that our regional planning leaders are squandering this opportunity.
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Come for bailments and abandonment, stay for admiralty and the common law powers of federal courts
NEW ON
@SSRN
: My and
@danielledonfro
's "The Fourth Amendment and General Law," forthcoming in
@YaleLJournal
. We argue that private-law ideas like trespass and bailment are key to understanding the Fourth Amendment's limits on public power. Quick thread:
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I really wish these stories would at least mention the costs to students. We’ve asked young people to sacrifice so much and we’re heading into year three without questioning whether this risk/benefit allocation is fair.
@NPR
Cornell University is shutting down its Ithaca, N.Y., campus and is moving to "alert level red" — it's highest alert level — due to what officials say is a rapid spread of COVID-19 cases among students.
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I want to know how any engineering firm in 2024 would recommend six lanes of traffic between a park and the community it serves. This isn't a call to eliminate cars on this road, just to align the capacity at the park with capacity south of the park.
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New for 2019. I don't have prizes, but what is external validation when you know you are a winner
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One day, I will learn how to write chapter headings like Lynn Stout
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I hope that
@lochgroup
and
@STLCityGov
will change course. If not, next time we're memorializing a neighbors' dead child, we'll know where to place the blame.
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[receives first round edits from student law review editors]
Day 1: Rage and righteous indignation
Day 2: Oh yeah, I should add a footnote here
Day 3: OMG thank you students for not letting me embarrass myself in print
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And just in case they don't monitor their socials but do monitor their Google Alerts, STL is working with Lochmueller Group for this project.
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“Financial inclusion” is an old-school way to woke-wash a grift.
"I don't necessarily think applying 80-year-old laws ... are really the best way that government can promote innovation, wealth creation and access to financial inclusion," former
@CFTC
's
@BrianQuintenz
says.
He discusses plans since joining
@a16z
.:
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I'm re-upping this plea and adding a second request: save room for fall cycle. Having only one submission cycle per year was never a good idea, but this year it is likely to amplify covid-related publishing inequalities.
Hello Law Review Editors: Please do not move your normal spring submission window earlier this year. Lots of parents had school/care closures over the holidays and losing a couple of weeks of key writing time matters. Also, pls post your submission window on your website now. Thx
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My almost two-year-old just looked me in the eye, said “watch this, mom” and, while I marveled at his second real sentence ever, he smeared a fistful of leftover squash into my hair.
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Mark and Julia are incredibly brave. This is the hard work that still needs to be done in BigLaw.
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Today I woke up to my 2yo and 4yo fighting over an old children’s bible with the big one, who does not yet read, shouting at the little one “you can’t read, you don’t even know Jesus.” This feel like a metaphor for something.
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I should probably be worried that my biggest kid thinks my favorite TV show is "watching our dad play Nintendo"
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Hooray for MLR! Both the commitment to not move the cycle earlier and setting a clear opening date are incredibly helpful for authors.
MLR sympathizes with authors facing challenges associated with Covid-19 and is committed to accommodating their individual needs in the next submission cycle. As part of that commitment, Vol. 106 will open on Feb. 15, to allow authors additional time to finalize submissions.
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Immediately south of the park, KB has fewer lanes. But despite calls from the neighborhoods to remove a lane along the park
@lochgroup
recommended that the city preserve all 6 lanes and made no plans to add a crosswalk to connect the schools on KB to the main park entrance.
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And finally (ok, probably not finally) the really long statement about why there will be no additional statement is an object lesson in why professional crisis management exists. Thanks for the laughs
@JonesDay
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@danepps
[2035, therapist’s office] Lewis: I was less than a week old and he was tweeting about some car he didn’t get. I tried wearing red, like the bow, but it still wasn’t a December to remember.
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My preschooler tried to help and make me a cup of tea. Pretty sure everything in this glass came from his pocket.
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Also, I hope everyone thinking about working at
@JonesDay
this OCI season realizes that this is a shot policy and that other firms don’t put you through the short term disability hoop when you have a baby
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@STLCityGov
@LydaKrewson
@LydaKrewson
If you are going to keep the curfew in place we need more notice than a tweet after 8pm—it’s not on the front page of either major STL paper. Better still, end the curfew. We don’t need it here, we don’t need it anywhere.
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Counsel telling rank & file they don't need their own attorney--this fact pattern is one of the freebies on the MPRE
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Agreed. Also, after the pandemic, pay your housekeeper even when you go on vacation. Growing up as the daughter of a housekeeper, August was often dicey because my school mates' families didn't pay my mom while they were at Disney. Kids notice that kind of thing.
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Really, this park is spectacular. Huge playgrounds, water features,
@tgfarmersmarket
and the cutest pavilions scattered throughout. Even in the rain, it's stunning. Unsurprisingly, the park is surrounded by families of small kids and there are three schools on the east end alone.
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I write about how PE and other investors destroy firms by fragmenting their assets in the name of “shareholder value” . . . let’s not turn STL into Sears ok?
@LydaKrewson
needs to grow a spine and stop this.
Backed by familiar names, nonprofit launches to support airport privatization
Asked how much Rebuild Saint Louis would look to raise, the nonprofit said it "doesn't have a specific target in mind."
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Segment 6 is just the right length to be a drag strip so cars frequently end up in families' front yards and blow through the stop lights. Families living west of KB have no safe way to cross 6 lanes of reckless driving to get the park.
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@meeradeo
Other: I don't think I could resist a short, respectful rant about how this request is inappropriate and promotes inequality. -signed the kid whose parents lacked the skills for this ish.
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This 🧵identifies many ways in which clerking (and post-grad hiring more generally) could be improved but it’s conclusion that clerking should be abolished is deeply wrong. Abolishing a single credential won’t fix most of the problems identified & may make some worse. A 🧵
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I got a Pfizer booster shot today and experienced a sense of relief that I haven’t felt since the first dose. Now if only I could get shots for my kids. . .
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Kingshighway Boulevard bounds the park to the east and is one of the city's deadliest roads, but the city is trying to change that with an ambitious traffic calming project. Segment 6 of that project is the eastern border of TGP and currently has 6 lanes
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Paging
@usnews
, which could change the incentives on which clerkships schools push by including state court clerkships in the metrics.
I’m tired of Legal Academia saying “clerkship” but meaning “federal clerkship” & completely forgetting the merits of working in a state circuit court
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I married the very best troll on twitter.
Everybody says the President doesn’t read but he seems to be reading
@YaleLJournal
? For my and
@GaneshSitaraman
’s proposal to rotate justices, read
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I testified that this bill makes no financial sense. I have lots of valuation and negotiation questions about BB71. Fellow finance attys: this bill is like when your client signs a term sheet and then calls you up 🤦🏼♀️
Davis - in all those opportunities, I never heard anyone had real, hard questions about this. It was all about making a political point.
She says this is a finance, not a transportation bill.
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My tiny St Louis garden has been a refuge from 2020. With room for only 1 tunnel and a low of 27 tonight, it’s the end of the flowers and pink celery. I’d be sad, but gosh they are pretty to bring inside.
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Law prof friends, how do you partner with your research library? I've mostly been in do-it-all-myself mode, but I know that's not efficient.
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6 y-o: can I bring home one of the baby chicks from school? My teacher said I could.
Me: no
4 y-o: whhhhyyyyy they are so cute
6 y-o: and in two years it will be big and I love drumsticks
4 y-o: NOT FAIR YOU CAN’T HAVE BOTH DRUMSTICKS
Not where I thought tonight was going
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I'm reading about bailments and have found the ideal Friday afternoon defense:
If you bail me wine & my friends and I drink it, you have no remedy in detinue for it because it's no longer in the tangible world
(Y.B. Hil. 20 Hen. VI., fo 16 pl. 2 (1442))
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I hear all of the critiques of this piece, but its description of wanting parental leave to be research leave struck a chord. 3 kids deep, I still have no idea how to just be on leave. I'm now somewhat better at typing while holding a baby; pretty sure this isn't a good thing.
What Ernie Young learned on his paternity leave -- highly recommended.
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@AnnieRiceStL
Can we please have some temporary/low cost design changes around the park while we wait for
@Trailnet
and GRG to have their hundredth hearing on aesthetics & engagement next to planned protected bike lanes? Just pick something and experiment—the status quo is too costly
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My five year old is currently trying to integrate the quantum realm as explained by Ant Man and Catholic theology. Maybe God is reeeaaalllly tiny! It’s gonna be a long night.
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Dear graduate programs, please stop requiring special online forms for letters of recommendation and provide an email address to which I can mail a PDF letter. I want to spend time writing, teaching and mentoring, not learning 50 new online systems per year.
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Parenting tip of the day: When I was little and afraid of monsters, my folks installed this taxidermy bobcat in my room to keep the monsters away. He’s purely functional—never got a name—very effective, and lordy does it give your kids stories
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@legalwritingpro
@SCOTUSblog
Full disclosure: many of my good writing habits come from the summer I spent
@Public_Citizen
with
@deepakguptalaw
editing my writing.
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In which I take a fussy FDCPA case and turn it into a federalism case.
New post: Argument preview: Is foreclosure debt collection?
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For real—we taught, wrote, and occasionally parented out of this storefront in Saint Louis city. Today the space belongs to a jeweler, which seems more appropriate. Still, I’m grateful for this room and the writing we did in it.
During the pandemic,
@danielledonfro
and I decided to stress-test our marriage by raising 3 kids, having a 4th, sharing a small office for more than a year, and then writing an article together. Somehow we've survived!
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Me, attempting to get comfortable enough to sleep at 8 month pregnant
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Prediction: California’s new law requiring public companies to include women on their boards dies under a First Amendment challenge, because here we are. I’m hopeful it lasts only because no firm in its right mind would want to be the plaintiff.
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I got my second dose today. The joy and exuberance of my fellow vaccine recipients is a feeling that I hope we can have more of in the coming months. Also, this sign is 💯
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@nancyleong
@JohnFPfaff
Same. I'm peeved that every year privileged students push to abolish grades "on behalf of marginalized group" but when I actually talk to the marginalized students offline, they mostly (but not all) support anonymous grades with a meaningful distinction between a B+ and a C.
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Law Prof Friends, I am sending a letter to my institution's law review asking them to commit to participating in the fall submission cycle to mitigate covid's disproportionate impact on caregivers. If you would like to do the same, I'm happy to share a draft.
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@AndrewMCrespo
@US_FDA
@GovindPersad
@jasonlschwartz
@CohenProf
@HollyLynchez
@DrNataliaLinos
Blocking off label access seems especially cruel to me. I had thought that allowing doctors and patients to privately make their own healthcare choices was a progressive value in other high-profile contexts. I don’t see how vaccine access for at-risk families should be different
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@moorehn
Lots of people have teased out the flaws of paying workers in equity (namely, you can't pay your rent in options), but it's better than nothing AND at least pretends that the project is about working together to build something
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I am so excited that my former colleague Jonathan Seymour is becoming an Associate Professor at Duke!
Jonathan M. Seymour, an emerging bankruptcy scholar who has taught and researched at Duke for the last three years through the Law School’s Visiting Assistant Professor program, will become an associate professor of law on July 1.
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@chryssi
@PublicEthicSTL
I think the ADA issue raised earlier in this meeting are valid. Paired with the nearly impossible timeline for requesting an accommodation to testify, this process feels like an invitation for a well-deserved lawsuit.
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Agree--as someone who had major hip surgery in the middle of 3L after months of administrative delay (Harvard couldn't send my records to Harvard because . . .), I doubt I would have graduated without the good drugs and understanding faculty
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I feel so seen
Academics will either reply to your email within the same minute it is received, or in eleven months.
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Late this winter, I planned to repeat this year's summer writing bingo card because it still felt like March 2020. These days, with vaccines widely available, I'm feeling more optimistic. From now until I finish grading, I'm taking suggestions for squares in the 2021 edition.
Friends, in honor of the term being over, I gift you all this covid edition of law prof summer writing bingo. This year's prizes include self-satisfaction, likes, and, if you're lucky, retweets.
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I agree. District & appellate clerkships should be entry-level positions. Requiring any kind of experience—years at a firm, and especially another clerkship—harms future generations of lawyers. It’s part of the broader credential-inflation problem.
This is an important piece by
@whignewtons
about the trend toward serial clerkships. I have long thought this trend disserves young lawyers, and Sarah offers a compelling additional reason why.
#AppellateTwitter
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@AndyGrewal
@brianlfrye
@ProfRobAnderson
So I did not require a stat supp or supplement of finance terms for corps because I put everything they need in slides & told them where to find it online. At least 3 students on course evals commented that they shouldn’t be told to look things up online for class 🤦🏼♀️
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Students from
@aglwashu
have made a powerful argument that it’s time to stop giving prime campus housing to frats & I could not agree more. One way universities show our priorities as a community is in how we allocate space.
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My family: yay the kids had a successful and mostly normal school year all things considered.
Twitter:
@danepps
@danielledonfro
What you should be happier about is that they were not severely sickened, hospitalized, or killed by covid while attending in person school.
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I think we’ve entered the part of the debate where Tim Ryan and others know they need to drop out but can’t get off the stage. They are like the kids who aren’t winning the spelling bee tonight who get to awkwardly watch their friends beat them before an audience.
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Ahh, the classic argument that we should let lower income people rot because we might accidentally be over-inclusive with any aid. If you fear over-inclusive social programs more than under-inclusive programs, I know everything I need to know about your moral priorities
The student debt relief is highly regressive as higher income families are more likely to borrow and to borrow more than lower income families. Adults with student loans have much higher lifetime incomes than those without.
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@Prof_Bruckner
@socmediaJD
I raised the audience interaction problem with the event planning company weeks ago when I did the training but the rep was super defensive and demanded to know why I thought a platform that "worked for thousands of pharmacists" wouldn't work for law professors
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I second reading (ok, listening) to Slobodian immediately before Tooze. The depth of the Geneva School’s mistrust of democracy was new to me and gives new context to post-2008 austerity.
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I don't know who this law student is, but I like them.
Is a fourteen-factor test a sensible way to distinguish debt from equity? Does it make sense to draw the distinction at all?
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This post office story has me feeling more pessimistic than the usual Friday afternoon policy drop.
NEW:
@jacobbogage
got USPS data showing at least 671 USPS mail sorting machines have been removed across the country since June. Represents a reduction in national mail sorting capacity of 21.4 million pieces of mail per hour.
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The highlight of my grading this term is how our exam software consistently corrects "Demsetz" to "Demitasse."
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Pregnancy: that magical time when you take 30 minute nap and your
@Apple
watch records its as a 4 minute work-out.
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Always read
@mariaglover
Her writing on the state of litigation & procedure goes a long way towards explaining why the substantive law is the way it is today.
For your weekend reading pleasure, I highly recommend
@mariaglover
’s “Mass Arbitration” (forthcoming
@StanLRev
), which exhaustively examines how entrepreneurial lawyers have turned the tables on forced arbitration & what it means for our litigation system.
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I desperately want public interest organizations and grad programs (and portal makers) to take note of this, especially as they strive to holistically evaluate candidates beyond their grades. Moving to onerous reference policies just moves the disparities around.
Minor rant: I appreciate the need for reference checks, but this past year, I've been asked more than ever for written remarks or responses to very specific questions about students, often at a very early stage in the interviewing process.
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