Wednesday, September 19, 2012
Law Schools Suffer Loss in Lawsuits
Of the dozen-plus misrepresentation lawsuits filed against law schools by their former students, in recent months three have been dismissed (several have survived motions to dismiss and are in discovery). The core basis for the dismissal is the same in all three: prospective students cannot reasonably rely upon employment data posted by law schools.
My understanding (perhaps mistaken) is that the lawsuits have not fared very well and that more than three have been dismissed.
Other than the Thomas Jefferson case in California, which of the suits are in discovery? It would be helpful to know as well if there have been written decisions in these cases.
In addition to Thomas Jefferson, the WSJ blog reports that suits against Golden Gate and USF have "cleared initial hurdles" and are proceeding, although I have not seen written decisions on either (see http://blogs.wsj.com/law/2012/09/12/illinois-judge-tosses-consumer-fraud-suit-against-depaul-law/
This isn't my field, but it seems bizarre to say that a fraudulent claim isn't fraud if dutiful investigation reveals its falsity. I found especially interesting Judge Quist's contempt in the sentence, "But, as put in the phrase we lawyers learn early in law school--caveat emptor."
Do you think that these judges may have been biased, either by conscious professional loyalty to law schools or by unconscious deference to institutional authority?
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Joe, that's the bad news. However, the good news is that we can discover goods and services to avoid.
I note that at other Blogger websites there aren't so many hucksters. Why here?
So we have shady characters in comments trying to sell pigs in pokes. Why is this considered off-topic?
I love how terrible they are.
"I like it so much, please try to keep posting.
Let me introduce other material that may be good for our community."
I don't think one could write something as funny as that if one tried.
And the way the other one works the intricacies of handbags into every discussion, man, that's good stuff!
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Law students started losing faith in the law schools since at least 2005. I've often wondered why it took the media and professor so long to recognize that. Kudos to Prof. Tamanaha and others for continuing to focus on this issue.
I'm not high, at all, at the moment. Should I look for a smaller pocketbook?
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Off topic (i.e., no merchandise), I wonder if Jack Balkin is penning an essay on his view of "The Second Gilded Age"?
John Paul Stevens reviewed Prof. Levinson's book for the NY Review of Books.
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Balkinization: Of the dozen-plus misrepresentation lawsuits filed against law schools by their former students, in recent months three have been dismissed (several have survived motions to dismiss and are in discovery). The core basis for the dismissal is the same in all three: prospective students cannot reasonably rely upon employment data posted by law schools... These three law schools, and others facing similar suits, undoubtedly count these decisions as victories. But I cannot shake the sense that they mark a deep wound to the standing of law schools.
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Of the dozen-plus misrepresentation lawsuits filed against law schools by their former students, in recent months three have been dismissed (several have survived motions to dismiss and are in discovery).
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Joe, thanks for the link to Justice Stevens; review of "Framed." If my eyes hold up, I may read the book.
C-SPAN will re-air a book appearance by Sandy Levinson on 9/29 at 9AM EST. For those who can access it, the link also provides video.
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