California

Apr 10, 2013 ∞

California law school grads suing schools; neither party has a good point

Attorney Michael C. Sullivan, representing California schools in a spate of fraud suits brought by students over shady job-placement numbers:

"What I find most ironic is that those individuals advertised themselves to law schools as great critical thinkers," Sullivan said of the law-grads-turned-litigants. "Now they say they never considered the possibility that employment might include part-time jobs."

Mr. Sullivan’s statement is ludicrous. The students pay, so the schools market. His clients, if the allegations prove true, marketed themselves as producers of very employable law graduates. It is perfectly reasonable to assume that when a law school shares post-graduation employment rates, the law school is referring to legal employment.

My incredulity at Mr. Sullivan’s absurd position does not mean that I’m ignorant of the fact that many students didn’t try very hard to get a job, or didn’t like the jobs they got, or should have known the market for legal jobs is, to put it mildly, in dire straits, and has been for some time now.

In fact, I have little sympathy for people swindled by Mr. Sullivan’s clients’ number games. Just search "legal job market" or "should I go to law school?".

I knew when I signed up for law school in 2009 that things were not going well for recent graduates, and that they were not expected to recover before I graduated. I went anyway because I want to be an attorney. Never do something that requires years of your life and tens of thousands of dollars without doing your research.

Due diligence is too strong a phrase for it: it’s common sense.

Apr 5, 2013 ∞

Google fighting National Security Letter

The letters, issued by federal authorities investigating national security concerns, prohibit recipients from disclosing that they have received them, let alone what they’re asking for. The Judge in Google’s case¹ struck down the law’s gag order provision as violative of the First Amendment, but has stayed the effect of that decision while the government pursues an appeal.

I should note that I essentially paraphrased the Wikipedia article for that second sentence, as my knowledge of NSLs is limited. I look forward to reading more on them, and I’m glad to see a company with the clout and caliber of attorneys that Google has questioning the legality of the NSL framework.

At first glance, it may seem odd that a company that siphons so much data about its users would be so protective of it when the government is asking for it.

But it makes sense for Google to defend user information: it needs that information to make its advertising products more relevant, Many accept the trade of having their documents and emails scanned and anonymized by Google in exchange for exceptional and free services. If Google fails to protect that information from surveillance via legal tools of questionable constitutionality, the balance of that trade may tip too far for many users.

Thus, this is one of those rare cases where corporate goals and user concerns are aligned.

The caption for the case in question is In Re Google Inc.’s Petition to Set Aside Legal Process, 13-80063, U.S. District Court, Northern District of California (San Francisco) ↩

Nov 8, 2012 ∞

Judge blocks California’s new ban on anonymity for sex offender

This one is worth watching. With regard to blogs and forums, particularly, there’s a strong analogy with letter-writing and other modes of communication with the “outside” that are typically allowed.

The plaintiffs, two registered California sex offenders, argue that prohibiting their anonymous speech online “even if it pertains to news, politics, and professional activity, and could not possibly be used to commit a crime” violates the First Amendment.

This looks similar to a case I wrote about in October, where a Nebraska federal court tossed a similar law in that state.

I don’t want sex offenders to have access to children online. But these measures do go too far. Maybe registered sex offenders should be required to access the internet via special software that, while it allows anonymity, prevents access to services and sites that reach children.

At the end of the day, the truth is that these laws apply to people who have otherwise served their time, who are “free” in the legal sense, and who no longer labor under the curtailed liberties of institutional imprisonment. That imprisonment is meant to punish them, but also to keep the public safe, to prevent them from moving through public crowds anonymously.

If we have released them from prison, allowing that physical anonymity once again, by what logic do we eliminate their digital anonymity?

I don’t have an answer, but I suspect the issue will reach the Supreme Court sooner rather than later.