Law Students as Tea Cups: A Response to Conor Friedersdorf

The “sensitivity” of law students is getting a lot of press these days. Scott Greenfield wrote about it over at Simple Justice. Then Above the Law picked it up. I had my little post two days ago. And then today, Conor Friedersdorf offered this lengthy examination in The Atlantic.

Friedersdorf’s column does a nice job of making a couple of distinctions, which I’d like to expand on a bit. First, he acknowledges the possibility of rejecting a student complaint without unnecessarily disparaging the student. Here’s what he says: Continue reading

Teaching Facts in Law School (Inspired by Serial and All the President’s Men)

Don’t worry: no spoilers. (Okay, one little bitty spoiler a ways down, but you’ll get a second warning.)

A few weeks back, following the death of Ben Bradlee, I re-watched All the President’s Men. I’m pretty sure I hadn’t seen the movie since before I went to law school. Even by that time, it was an “old” movie, but it still holds up.

All Pres MenAnd of course, like everyone else, I’ve been listening to the Serial podcast, which wrapped up this morning. Listening to Serial and watching All the President’s Men got me thinking: investigation of facts is a critical aspect of good advocacy, and something law schools could probably do a better job of teaching. Continue reading

Legal Analysis, Writing, and Tummy Rubs with Professor Ziff

I’m not sure what Scott Greenfield is upset about, but he’s clearly upset. That’s kind of his schtick. Today his opprobrium is aimed at legal academia, or academia generally, or students, or perhaps some combination of that and more. And for some reason I’m in his sights today. Look at this nice picture he made of me:

Ziff Tummy Rubs Continue reading

Transparency, Privacy, and Police Body Cams in Washington

Bill Lucia has a great article in Crosscut about a little wrinkle in new officer-worn body camera policies being adopted by police departments across the state:

But even though his officers embraced the new technology, and the department has the money set aside in its 2015 budget to roll out a permanent body camera program, Strachan is planning to hold off for now. The reason: At least two other Washington state police departments that use the cameras have received public disclosure requests for all video footage recorded by the devices. The requests threaten to create a crippling workload for agencies with limited staff and technology. Some police officials also worry about the privacy implications for their communities if the footage is made widely available.

Lucia at 1 (emphasis added). Continue reading

A Walk Through Halbig, King, and the ACA Litigation

Over at the Incidental Economist, Nicholas Bagley has posted an extremely useful walk through his posts on Halbig and King—the current ACA litigation that just reached the Supreme Court. If you’re new to the King-Halbig litigation, or even if you’ve been following it for some time, Bagley’s writings are “must read” material.

Ziff Notes

And because I’m unoriginal, I thought I’d do the same for my posts, now that this issue is heating up a bit: Continue reading

In King v. Burwell, the Challengers Find Their Inner Bill Clinton

It depends on what the meaning of the word “such” is. — Bill Clinton (maybe, if he were a lawyer in King v. Burwell)

clinton

The word “such” is having its fifteen minutes of fame with the recent PPACA litigation. Much of the government’s narrow textual argument hinges on the word “such”: Yes, section 1401 makes subsidies available on an exchange “established by the State.” But in the absence of a state exchange, section 1321 provides for the federal government to establish “such Exchange.” That “such” (along with numerous other contextual and structural indicators) means that the federal exchange is the functional equivalent of a state exchange when state exchanges are referenced elsewhere in the statute, including in section 1401. Continue reading