A Festivus Airing of Grievances: Petitioners’ Brief in King v. Burwell

Happy Festivus everyone! As you know, a traditional Festivus celebration includes the “Airing of Grievances.”

Today, I’ll be celebrating that tradition with a list of grievances against the Petitioners’ brief in King v. Burwell, in no particular order.  Feats of Strength to follow! Continue reading

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