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Another Reply to Chris Willis: This Time on Disparate Impact

Jeff Sovern
    
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(Senior Monkey, 74
 
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by Jeff Sovern
Chris Willis of Ballard Spahr's CFPB Monitor recently blogged about whether disparate impact can properly be termed discrimination and therefore prohibited by ECOA.  For those who don't know, courts generally recognize three ways to prove discrimination in violation of ECOA: direct evidence, disparate treatment (except in the Seventh Circuit) and disparate impact, or as it is sometimes called, disparate effect. Direct evidence would exist, for example, if a lender said we don't lend to old people.  For obvious reasons, that doesn't happen that often.  Disparate treatment requires that the lender have discriminated intentionally.  That turns out to be very difficult to prove, so difficult in fact that it almost doesn't matter that the Seventh Circuit doesn't use the disparate treatment test. That leaves disparate impact. Disparate impact requires the plaintiff to show that using a particular criterion has a disproportionate effect on a particular group.  That can happen even if the lender did not intend to discriminate against anyone.  If the plaintiff carries that burden, the lender has the burden of showing that the criterion has a manifest relationship to creditworthiness.

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CHARACTER AND FITNESS: NOT JUST VIRTUES…REQUIREMENTS

jdoasis
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(Orangutan, 366
 
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By Mike Sims, BARBRI President
If you are a graduating 3L student, you can probably relate to these tweets:
You never realize how many addresses you’ve had for the past 10 years until you fill out the bar’s character and fitness. #lawschoolproblems
It’s fun listing employers like Show-Me’s and Tequila Wyld on my bar application #lawschoolproblems
If not, let me welcome you to Character and Fitness season.
In all 50 states and the District of Columbia, third year law students are making preparations for graduation and beginning to think about the bar exam. Finally, after almost three years of law school, the end is in sight … almost. But before these soon-to-be-lawyers can take the bar exam, they must complete the dreaded character and fitness application.
THE QUESTIONS ARE MEANT TO CHALLENGE YOU
Most people outside the legal profession would probably be surprised to learn that lawyers have to pass a character and fitness test prior to becoming licensed as an attorney. Or they might joke that lawyers have to prove we have bad character. Or we’re out of shape from sitting and reading all the time. Well, nothing could be farther from the truth.

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Associate Attorney: unhappiest job in America?

Mango
    
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(Baboon, 124
 
Points)
 
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With thousands of kids lining up to be lawyers, you’d almost think that being an associate is one of the best, most cheerful jobs in America. Well, here’s our chance to find out if that’s true; after sifting through 65,000 company reviews, CareerBliss and Forbes has recently released their 10 happiest and unhappiest jobs in America list and so far, things look pretty interesting. How did lawyers place?

Not too good.

The unhappiest job in America this year is associate attorney, a huge bummer, but also no surprise given the factors they evaluated:

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Playing Chicken with Trademark Infringement

JonathanPink
    
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I’ve got a new hero.
He’s this guy in Vermont named Bo Muller-Moore.
Apparently he’s a folk artist, and is known for the tee shirts he makes that proclaim “Eat More Kale.” In fact, according to what I’ve read, he’s known as the “Eat More Kale” guy. But really, how much kale can you eat?
Well, Mr. Muller-Moore (aka Mr. EMK) received a letter from the fast food chain, Chick-Fil-A. Now while it’s always nice to receive mail (unless it’s from the IRS), the chain was not offering him any special discounts. Instead, they were threatening to sue him for infringing their registered trademark, “Eat Mor Chikin’.”
Quick trademark primer: The hallmark to any trademark infringement claim is a likelihood of consumer confusion. Specifically, a likelihood of confusion exists when consumers are likely to assume that a product or service is associated with a source other than its actual source because of similarities between the marks or the parties’ marketing techniques. See Metro Publishing Ltd. v. San Jose Mercury News, 987 F.2d 637, 639 (9th Cir. 1993). In fact, all trademark cases, including parodies, are subject to the likelihood of confusion test. See Dr. Seuss Enter. L.P. v. Penguin Books USA, Inc., 109 F.3d 1394, 1405 (9th Cir. 1997) (affirming preliminary injunction prohibiting publication and distribution of Dr. Juice’s The Cat Not In The Hat, an account of the O.J. Simpson murder trial composed in the styling of Dr. Seuss’ Cat In The Hat); but see Mattel, Inc. v. MCA Records Inc., 296 F.3d 894 (9th Cir. 2002).

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Guest Post from Anna Ivey: Prepping for Law School Financial Aid Forms

Clear Admit
    
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(Monkey, 57
 
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In this week’s post, Anna Ivey gives prospective law school applicants advice on how to successfully prepare for compiling their financial aid applications.
Prepping for Law School Financial Aid Forms
by Anna Ivey

I’m sure this is just about the last thing in the world you want to be doing right now, but it’s a good time to start pulling your documents together to prepare for your law school financial aid applications.

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Courtoons

r2m78
    
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(Baboon, 170
 
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Originally posted on Courtoons

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The Jury Is Out On The Changes To Personal Injury Law

Charon QC
    
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(Senior Monkey, 74
 
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A larger version of this infographic is available on the Beardsells website at present

Originally posted on Charon QC

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She Who Must Be Obeyed Is A Keeper

FutureLawyer
    
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(Monkey, 46
 
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The Official Site of The Tampa Bay Rays | raysbaseball.com: Homepage.
How do you know your wife is a keeper? Is it that she puts up with you for years? That she sighs when you screw up? That she still feeds you? Or, does she become a keeper when she allows you to take her to a Rays game on date night, even though she has to bring a book to keep from being bored to tears? Of course, She Who Must Be Obeyed, as you have already guessed, is a keeper. She is coming to the Rays game with me tomorrow night, and she will grin and bear it, because she loves me. My wife, I think I'll keep her. :-)

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Ministers of Justice Take Leave

leavethebar
    
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(Senior Monkey, 83
 
Points)
 
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Whoever came up with the idea for summer vacation was on to a good thing. It allows some of us to take time off to be with our children, to get involved in some new activity or just to chill and re-charge the old batteries. Oh for the long, lazy days of summer, unles you work in a law firm of course. Well even some of us got to take some time off.From June to August I grasped the respite provided by my son’s summer vacation and joined him in an activity he loves so much: reading. I read about some people in the legal profession who are to be congratulated as they took leave of the bar either full time or part time to do somethings they enjoyed. Let me take this opportunity to share with you how these persons found a way to channel their energies towards activities they love and in some cases transitioned from law firm or the bench to an alternative career or side business.

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Another Prediction that Regulation Will Hurt Consumers Proves Wrong

Jeff Sovern
    
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(Senior Monkey, 74
 
Points)
 
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So says Time in Why Banks Love Debit Cards Again.  The report begins as follows:
Debit cards were supposed to be toast. The industry started writing their obituary when financial reform targeted overdraft fees and interchange or “swipe” fees, which had made debit cards extremely lucrative for banks. So why is it that banks are now pushing debit cards like never before?
A couple years ago, the banking industry warned federal regulators that reform efforts could lead to both an increase in fees and a decrease in debit card usage. “Banks and credit unions could charge for various debit card‐related products and services that are now offered free of charge, such as free debit cards and free debit card transactions,” a consortium of financial industry executives wrote in a 2011 letter to the Federal Reserve arguing against reform. “Issuers could also be forced to discourage the use of debit cards for certain transactions … there could also be a reduction or termination of various products and services associated with debit card programs.”

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TaxProf’s most underrated and overrated law schools

Mango
    
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(Baboon, 124
 
Points)
 
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If you thought law school deans hated law school rankings, wait till they see this.

Using figures from the latest US News rankings, the folks over at TaxProf have created the Top 20 Most Overrated Law Schools and the Top 20 Most Underrated Law Schools list and needless to say, the results are pretty interesting.

Check out the top ten:

The 10 Most Underrated Law Schools (Median LSAT > Peer Reputation)

Law School & LSAT Rank - Peer Rank
Chapman -69
Florida Int'l -61
Regent -58
Campbell -51

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THE UBE AND YOUR MARKETABILITY

jdoasis
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(Orangutan, 366
 
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By Mary Goza, BARBRI Vice President
The trend is underway to reduce the need for new lawyers to take another bar exam in order to become licensed in another state. With the advent of the Uniform Bar Exam (UBE), an applicant may sit for one bar exam and become licensed in several jurisdictions. With proper planning, you can enhance your marketability through the UBE.
UBE SCORES ARE UNIFORMALLY ACCEPTED
The UBE is a two-day exam drafted by the National Conference of Bar Examiners (NCBE), consisting of the Multistate Essay Exam (30%), Multistate Performance Test (20%) and Multistate Bar Exam (50%).
The components of the UBE are not new and have long been part of the bar exam format in many states. However, the UBE rests upon an agreement, whereby a state agrees to give full faith and credit to a score achieved on the bar exam in another jurisdiction because that jurisdiction uniformly administers, grades and scores the exam. Currently 13 states have adopted the Uniform Bar Exam:

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Fair Use Found in Georgia State University Copyright Infringement Suit

JonathanPink
    
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(Senior Monkey, 70
 
Points)
 
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A big ruling for copyright fair use. This one, in an academic setting, springs from events that took place at Georgia State University (GSU).
In a move not uncommon at universities, GSU permitted students to share digital copies of academic texts the school “housed” in its electronic library system.
Based on this, several publishers, including heavy hitters Cambridge University Press and Oxford University Press Inc. sued the school for copyright infringement. The suit alleged that the school and it’s top brass (or top mortar boards as the case may be) had a policy of “digitally distributing course reading materials” in violation of the Copyright Act.
The complaint asserted that “Georgia State provides its students (and until recently, the general public) the ability to view, download, and print without authorization a number and range of copyrighted works that vastly exceeds the amount and type of copying that might credibly be justified as fair use.”

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Trivia Tuesday: The Summer Start Program at Michigan Law

Clear Admit
    
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(Monkey, 57
 
Points)
 
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In this edition of Trivia Tuesday, our weekly glimpse into a leading law school’s offerings, we’re taking a look at Michigan Law’s Summer Start Program, which we discuss along with a host of other programs, traditions and institutions in the Clear Admit Guide to Michigan Law School.
A Michigan institution for nearly a century, Summer Start allows up to a quarter of the incoming class to start their law school career in early June and complete their first semester of courses by mid August, just before the rest of the 1L class arrives for orientation. Under the early-start program, Summer Starters take just two foundational law courses (such as Torts or Civil Procedure) during the summer term, as opposed to the three that 1Ls take per semester during the rest of the year. By beginning law school early, students who participated in Summer Start have the option of graduating one semester before the rest of their class.

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Courtoons

r2m78
    
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(Baboon, 170
 
Points)
 
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Due to peer pressure popular demand, here is another Courtoons caption contest . . .
Submit entries for the caption and/or the characters as comments. (Your email address is never posted on the site, but lets me contact the winner–and anyone else, really.) The contest is open until Friday, July 10, 2009 at 11:59 EST.
Winner receives a signed photo-quality print inside a matted frame.*
*Retail value: three Doritos (Cool Ranch flavor).

Originally posted on Courtoons

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Guest Post: Is A Career In Medical Negligence For You?

Charon QC
    
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(Senior Monkey, 74
 
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Is A Career In Medical Negligence For You?
Axiclaim
Torts, is often a law student’s favorite subject during law school and is usually where the “juiciest” (quite literally) cases come from. All of us remember the (in) famous Donoghue v. Stevenson case where poor Donoghue found a snail in her ginger beer. She decided to sue Stevenson for breaching his duty of care to provide a safe product to Donoghue. Though her claim was for a measly £500, this case set out the law for negligence and perhaps rid England and Scotland of snail-infected ginger beer!

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Google Glass And Distracted Driving - Can They Be Regulated?

FutureLawyer
    
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(Monkey, 46
 
Points)
 
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Google Glass Could Face Driving Ban | Geeks are Sexy Technology News.

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Five Steps to Setting Yourself Up for Second-Semester Success

leeburgess
    
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(Monkey, 35
 
Points)
 
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As law students are back to school around the country, I wanted to share with you five things I think are critical to setting yourself up for second-semester success.
1. Review old exams and figure out what went wrong.
How can you make changes if you don’t know what went wrong? You must collect those exams, visit your professors, and learn about what went wrong (and right) on your past exams. It might be somewhat uncomfortable meeting with a professor who gave you disappointing grades, but you must do it anyway! It is a critical step in doing better this semester.

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Why You Choose To Work For Assholes

leavinglaw
    
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(Baboon, 109
 
Points)
 
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Think that if only you didn’t work for asshole lawyers, you would like your job? Well, maybe. But often the reason you work with assholes is because their bad behavior reflects some unexamined beliefs you are holding close to your heart.
And while those beliefs are dysfunctional, their dysfunction is hauntingly familiar. In fact, it’s so familiar that it feels like some of life’s truths. And so you deep, deep down you believe that work has to suck. And you stay stuck in your unhappy legal career.
Last time, I listed six attitudes that lawyers tend to carry around as truth, when in fact they’re choices about how to view the world. Today I’m going to delve into two particularly noxious ones for lawyers: mistakes and valuing head over heart. These show up as problems both in their life and work, and not surprisingly in attorneys’ legal career search struggles.

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Leaving Litigation: A First-Hand Account

TheGirlsGuideTo...
    
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(Baboon, 165
 
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I got an email recently from a friend who’d done what lots of other young lawyers want to do — she left BigLaw for a job she liked better (without leaving the law entirely). When she offered to tell her story, I jumped on it, naturally!
Today, Elaine gives a bit of background and explains why she wanted to leave her BigLaw litigation position. Later on, she talks in great detail about how she did it — how she left, and how she ended up in a position she likes a lot better.
It is possible! Stay tuned.
Without further ado…here’s Elaine.

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