Category Archives: Legal

The economics of tutoring

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The New York Times has a piece analyzing the ROI of private, non-remdial tutoring.  On the one hand, journalist Paul Sullivan quotes a “cynic” who likened “tutoring and private school as a forward contract on the Ivy League, with anything less being a disappointment.”  On the other, he notes

[o]n the positive side, for children, tutors can often comfort them and let them talk to someone beyond their parents. “They can say what they want and that person will translate it to Mom and Dad,” Ms. [Sandy] Bass [editor and publisher of Private School Insider] said. “That’s what the kid needs because they’re afraid of letting Mom and Dad down.”

I sense that non-remedial tutoring is driven more by the former than the latter.  I wasn’t personally tutored in grade school or secondary school, but I did take the ubiquitous BarBri bar review course after graduating from law school.  I took this course because I felt that I had to:  everyone else was taking it, and I couldn’t afford to not have the same “edge.”  (Never mind that state bar exams are designed to test one’s knowledge of the law, a skill presumably learned during the preceding three years of law school.)

Is non-remedial tutoring just an arms race?  I’d be curious to hear your thoughts and comments.

Argument over Title IX ruling

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Two articles at ESPN.com debate the merits of Title IX after a recent court decision regarding the act at Quinnipiac University. While the court case was about the school inflating the number of female athletes in order to show parity in male and female sports programs, Gregg Easterbrook (a journalist/pundit) and Nancy Hogshead-Makar (law professor and “senior director of advocacy for the Women’s Sports Foundation”) debate the necessity of Title IX.

1. Easterbrook argues that the rule allows the government to intervene in situations where it should not. While Title IX was initially necessary to help women’s sports get the recognition they deserved, it is unnecessary today. In the case at hand, the court was left deciding whether playing volleyball was a “civil right” and whether the school could add a competitive cheer team. Easterbrook says, “The issue is whether Title IX has run amok.”

2. Hogshead-Makar argues that Title IX is still necessary as women’s college sports attract smaller “scholarships, budgets, coaching salaries, facilities and competitive opportunities” compared to male sports, male sports are larger at the high school level, schools in addition to Quinnipiac are miscounting female athletes in order to appear compliant, and Title IX has widespread public support (80% according to one poll).

Divergent perspectives on a legal act that affects many college students.

Schooling and race in North Carolina

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Interesting story about schools in North Carolina struggling with this issue: how to create diverse “community schools.” The article details some of the integration efforts and their degrees of success.

A confounding factor: many of the people in the area, nearly 50% in Wake County, were born outside the state and haven’t experienced the long history of integration efforts.

How to file 3 lawsuits an hour

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The New York Times is reporting that the recession is causing a boom for some lawyers:

As millions of Americans have fallen behind on paying their bills, debt collection law firms have been clogging courtrooms with lawsuits seeking repayment.
Few have been as prolific as Cohen & Slamowitz, a Woodbury, N.Y., firm that has specialized in debt collection for nearly two decades. The firm has been filing roughly 80,000 lawsuits a year.
With just 14 lawyers on staff, that works out to more than 5,700 cases per lawyer.
While reporter Andrew Martin makes much of the shock value of the numbers and implies that there is no way such large-scale suing could be done responsibly, these numbers don’t strike me as inherently extreme.  While I am sure that abuse can and does happen in debt collection, consider the following:
  1. 5,700 cases per lawyer works out to just under 3 cases per billable hour (assuming a 2000-hour working year).
  2. Collecting a debt is not like proving that someone committed a crime.  It’s not like creditors have to prove to a jury that debtors owe money beyond a reasonable doubt.
  3. These lawyers are using automation software.
  4. These lawyers have a large support staff (who presumably handle most of the clerical work).

Facebook makes divorce cases easier

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Facebook doesn’t just connect friends – it also apparently makes divorce cases easier for many lawyers. According to the Academy of Matrimonial Lawyers:

81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.

The article contains some interesting examples of participants saying one thing in court or to lawyers and then displaying something completely different in the online realm. It is a reminder that the online world is hardly private.

“The Triumphant Decline of the WASP”

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A NY Times opinion piece from Harvard law professor Noah Feldman makes this argument: “The decline of the Protestant elite is actually its greatest triumph.” Feldman explores the changes in the Supreme Court (the appointment of Kagan would make it 6 Catholics, 3 Jews) and Princeton (“As late as 1958, the year of the “dirty bicker” in which Jews were conspicuously excluded from its eating clubs, Princeton could fairly have been seen as a redoubt of all-male Protestant privilege).

So what changed? Feldman provides some reasons: “the anti-aristocratic ideals of the Constitution,” education was an important defining trait for WASPs so opening up universities was a big step, and the American value of fair play. The result:

Together, these social beliefs in equality undercut the impulse toward exclusive privilege that every successful group indulges on occasion. A handful of exceptions for admission to societies, clubs and colleges — trivial in and of themselves — helped break down barriers more broadly. This was not just a case of an elite looking outside itself for rejuvenation: the inclusiveness of the last 50 years has been the product of sincerely held ideals put into action.

These may be accurate reasons. But they seem to ignore the historical context: something happened in the 1960s that changed institutions like Ivy League schools and led to a very different looking Supreme Court. In that decade, the Civil Rights Movement plus an explosion in higher education for the burgeoning US population plus higher rates of immigration from non-European locales plus cultural change (rock ‘n’ roll, television, more open questioning of authority, etc.), changed, or at least began to change, the socioeconomic status of WASPs.

Supreme Court decides on Chicago guns

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In a long-awaited decision, the Supreme Court has decided 5-4 against Chicago’s gun ban in McDonald v. Chicago. The Chicago Tribune notes that Chicago will soon consider new gun laws and that the decision seems to be motivated in part by current conditions in the city:

In the majority opinion, written by Justice Samuel Alito, the court noted a recent call by two state legislators to deploy National Guard troops to quell the violence on Chicago’s streets.

“The legislators noted that the number of Chicago homicide victims during the current year equaled the number of American soldiers killed during that same period in Afghanistan and Iraq,” the opinion stated.

“If (the) safety of . . . law abiding members of the community would be enhanced by the possession of handguns in the home for self-defense, then the Second Amendment right protects the rights of minorities and other residents of high-crime areas whose needs are not being met by elected public officials.”…

Read the full decision here.

Alito’s argument (summed up briefly in the article above) is interesting: Chicago may have lost this case because the crime rate, particularly murder rate, remains high even with a gun ban. Chicago’s ban has not limited the number of guns in the hands of violent actors. If violent actors can get guns even with a ban, Alitio suggests local citizens should have the tools to be able to fight back, particularly citizens “whose needs are not being met by elected public officials.” This is a case about a law but this statement in particular is a Supreme opinion regarding the abilities of Chicago government.

UPDATE 11:13 PM 6/28/10: Some Chicago officials also read some of the decision as an attack on the performance of Chicago’s police and government. Read here.

UPDATE 7:08 AM 6/29/10:  Links to more coverage:  Chicago Sun-Times, National Law Journal, ABA Journal, New York Times, Wall Street Journal, NRA press release…

Privacy is possible online?

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A journalist laments the end of JournoList – but also seems to think that privacy is possible in today’s online world. Really? This is something that most 20 year old Facebook users know: if you don’t want something to become known online, don’t ever post it online. Even among groups that trust each other, as the journalists on JournoList did, the Internet is one of the least private places I can imagine.

Sign here, and here, and here…

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You probably don’t thoroughly read contracts you are asked to sign (or click through).  But lest you think that lawyers read through things they are asked to sign in everyday life, Above the Law is reporting that even the legendary Judge Richard Posner [bio] didn’t read his home equity loan contract, much to the amusement of the audience at the panel where he made his confession.

I suppose Posner should be grateful that his bank didn’t take his soul as part of the deal?  (Don’t laugh–it happened to 7,500 customers of a British computer game retailer earlier this year.)

As amusing as such stories may be from a news perspective, they clearly raise troubling questions about the sacrosanct role of contracts within our society.