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Professional Responsibility & Legal Education

Under Indictment: Governor Rick Perry

Criminal Law & Procedure Practice Group Teleforum August 28, 01:00 PMFederalist Society Teleforum Conference Call

The recent indictment of Texas Governor Rick Perry has garnered huge press attention. In an unusual alignment, commentators from both the left and the right have been highly critical of the indictment, with the New York Times editorial board calling it “the product of an overzealous prosecution.” But condemnation of the indictment has not been perfectly unanimous, and a few commentators have now come out in support of the indictment. Join our Teleforum conference call for an examination of all the details.

  • Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center, and Professor Emeritus, Louisiana State University Law School

Is Administrative Law Unlawful? - Podcast

Administrative Law & Regulation Practice Group Podcast
Adam J. White, Philip A. Hamburger July 03, 2014

Is Administrative Law Unlawful?

In his new book, Is Administrative Law Unlawful?, Professor Philip Hamburger answers the provocative question posed in his title in the affirmative. Rather than accepting administrative law as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative and traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the United States Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Professor Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the U.S. Constitution — and constitutions in general — were designed to prevent.

Professor Hamburger joined us on a Teleforum conference call to discuss his new book, with additional commentary from Adam White. Mr. White’s recent review of the book for the Wall Street Journal is available here.

  • Prof. Philip A. Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School
  • Adam J. White, Counsel, Boyden Gray & Associates

Failing Law Schools? - Podcast

Professional Responsibility & Legal Education Practice Group Podcast
Brian Z. Tamanaha, James A. Haynes May 08, 2014

Failing Law Schools

Washington University in Saint Louis School of Law Professor Brian Z. Tamanaha argues law schools are failing abjectly. Recent front-page stories have detailed widespread practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession.

Addressing all these problems and more in his book, Failing Law Schools, Prof. Tamanaha lays out the how and why of the crisis and the likely consequences if these trends continue. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Prof. Tamanaha argues, are the economic demands and competitive pressures on law schools, paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing. Bringing to the table his years of experience from within the legal academy, Prof. Tamanaha assesses what he believes is wrong with law schools and suggests how to fix them. James Haynes of the Federalist Society's Professional Responsibility & Legal Education Practice Group Executive Committee discussed the book and its premises with Prof. Tamanaha.

Featuring:

  • Professor Brian Z. Tamanaha, William Gardiner Hammond Professor of Law, Israel Treiman Faculty Fellow 2013-2014, Washington University School of Law
  • James A. Haynes, Professional Responsibility & Legal Education Practice Group, The Federalist Society

[Listen now!]??

Residual Class Action Awards: Cy Pres - Podcast

Litigation Practice Group Podcast
Brian T. Fitzpatrick, Theodore H. Frank March 21, 2014

gavel money

Cy pres (from the French cy pres comme —“as near as possible”) originated in the trust context, but has more recently been applied to class action litigation, as courts try to determine what to do with sometimes significant amounts of settlement funds remaining after all identified plaintiff awards have been made.  In recent decades, courts have agreed to award such remaining funds to third party recipients who, while not parties to the underlying suits, are deemed worthy by the court.  Sometimes, the courts have selected these third party recipients based on recommendations from the attorneys representing the plaintiffs.  What are the legal underpinnings for such awards to entities or people not party to the underlying case?  What are the policy considerations in making or prohibiting such awards?  These and other questions were discussed by our experts.

Featuring:

  • Prof. Brian T. Fitzpatrick, Vanderbilt University Law School
  • Mr. Theodore H. Frank, Founder and President, Center for Class Action Fairness and Adjunct Fellow, Manhattan Institute Center for Legal Policy

[Listen now!]