JD – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-19/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-19/#respond Tue, 21 Jul 2015 16:03:09 +0000 http://lawstreetmedia.wpengine.com/?p=45587

From Campus Crime rankings to Atticus Finch, here's the best of the week.

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ICYMI, check out the best of the week from Law Street, including Campus Crime rankings, celebs with JDs, and the latest controversy with Harper Lee’s new novel.

#1 Campus Crime 2015: Top 10 Highest Reported Crime Rates For Mid-Sized Colleges

Student safety is a high priority for all colleges and universities. While colleges and universities are typically safer than the areas that surround them, many schools face important and unique challenges. Law Street’s Campus Crime Rankings were created to serve as a comprehensive look at the safety of our college campuses, and to act as a resource for students, families, and college communities. Read full article here.

#2 Seven Celebrities You Didn’t Know Had Law Degrees

While law degrees are usually associated with stern, hardworking, white-collar professionals, there are other J.D. holding candidates who portray a different image. In fact many of us look up to these people without even knowing it, as they resemble some of today’s hottest celebrities and athletes. Read full article here.

#3 Atticus Finch Was Always Racist

This week, the white fiction world has been up in arms about Harper Lee’s portrayal of fictional, white lawyer Atticus Finch as explicitly racist in her long-awaited second book, “Go Set a Watchman.” Read full article here.

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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Liar, Liar Pants on Fire https://legacy.lawstreetmedia.com/blogs/culture-blog/liar-liar-pants-on-fire/ https://legacy.lawstreetmedia.com/blogs/culture-blog/liar-liar-pants-on-fire/#comments Fri, 21 Feb 2014 18:24:30 +0000 http://lawstreetmedia.wpengine.com/?p=12418

This week Law Street broke the story of the FBI’s latest violent crime data — if you haven’t checked it out yet you definitely should. This week, though, I want to talk about crimes of defamation, because though they are rarely discussed, they have similar ability to do serious harm to a person’s life. These are […]

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This week Law Street broke the story of the FBI’s latest violent crime data — if you haven’t checked it out yet you definitely should. This week, though, I want to talk about crimes of defamation, because though they are rarely discussed, they have similar ability to do serious harm to a person’s life. These are caused by careless, negligent, and often malicious words of one person against another. Some of these people are just talking to hear their own voices, and some are liars — there is a special place in hell for liars.

 

Crimes of defamation are rarely talked about on a large scale because, really, how do you quantify them?  Where do we draw the line between “Freedom of speech” and “defamatory content?” The area between the two is gray, but the laws exist to determine what is casual conversation and what is illegal.

The Supreme Court defines defamation as a four-element offense, which requires:

  1. A false statement purporting to be fact concerning another person or entity;
  2. Publication or communication of that statement to a third person;
  3. Fault on the part of the person making the statement amounting to intent or at least negligence;  and,
  4. Some harm caused to the person or entity who is the subject of the statement. 

Some states, like New York, take these federal guidelines a step further and determine various rules for defamation depending on the person being defamed. The first category is for “private” people — a group into which most of us fall. Private people are more broadly protected. If you negligently say something that is defamatory against me, and the above four elements are met, you’ve broken the law. It’s that simple!

New York also has two other classes: public official and public figure. President Barack Obama is a public official; Kim Kardashian is a public figure. (Get the difference?) These people have taken steps to thrust themselves into the public consciousness, and with widespread notoriety comes widespread ridicule and judgment. I believe the legal term is “Mo Money, Mo Problems.”

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When dealing with Kim Kardashian, President Obama, or any other public person, New York mandates that a fifth requirement must be met: the defamatory speech must be malicious. Malice requires a specific intent to cause harm to a person — it’s a tougher hurdle to jump, but the rewards are much greater. When a U.K. newspaper claimed that Liberace was gay in the late 50s, he sued it for defamation and libel and was awarded a large amount of money. Tom Cruise won a similar suit, and let’s not forget when Lindsay Lohan tried to sue E-Trade for their drunk baby named “Lindsay.”

Liar, Liar Pants on Fire

The law says that truth is an affirmative defense to any claim of defamation. That is, if the defamatory statement is based on a true story, the speech is within the bounds of the law. This makes sense, right?  If you are a known thief, and someone tells their best friend that you steal, that is totally okay.

What’s not okay is when the defamation occurs and is based on untrue information. The law recognizes that the power of words and one’s reputation can carry a person very far, and does its best to protect an otherwise innocent person from being victimized by lies and rumors.

The point of these defamation laws is to combat that victimization. Because of these laws, an unfairly accused or viciously maligned person can stand firm in her innocence or his correct assertion. An easy way to do this is to have an adjudicatory decision in your favor, i.e. you’ve gone to court and won. In other words, proof is of paramount importance when attempting to bolster one’s argument in a defamation case.

“Show Me the Receipts!”

There are various ways to determine if something is true or false, and one of the easiest ways to make that determination is to review the record. Courts and triers of fact rely on hundreds of thousands, likely even millions, of pages of documents annually in order to parse out the truth from all of malarky. That is why law schools across the country focus on organization, meticulous record keeping, and the importance of creating a paper trail. It’s why we create elaborate filing systems, why every document is backed up, and why everything is committed to writing. The quickest way to piss off a lawyer is to make an assertion without substantiating evidence.

50 Cent, the Poet Laureate of the early 2000s, put it best when he said, “I talk a lot of shit, but I can back it up.”

The moral of the story is that crime is a problem, but we need to broaden the discussion. All criminal activity is reprehensible, and when the law is broken there need to be consequences. The law exists so that criminals don’t do whatever they want to do, and the same preclusions apply with words.

And if all else fails, don’t lie.

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of [Angie Linder/Christina via Flickr]

The blog that feeds my insatiable hunger for “RHONJ” .gifs: RealityTVgifs

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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The Times They Are a-Changin’ https://legacy.lawstreetmedia.com/blogs/culture-blog/the-times-they-are-a-changin/ https://legacy.lawstreetmedia.com/blogs/culture-blog/the-times-they-are-a-changin/#comments Wed, 29 Jan 2014 16:53:28 +0000 http://lawstreetmedia.wpengine.com/?p=11007

Welcome back to “Life of a Legal Post Grad,” a column which will quite soon be serving its initial purpose: describing the life of a young legal professional navigating his way through this crazy world of the law. By “quite soon” I mean in a couple of days. I’ve been at my job for two […]

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Welcome back to “Life of a Legal Post Grad,” a column which will quite soon be serving its initial purpose: describing the life of a young legal professional navigating his way through this crazy world of the law.

By “quite soon” I mean in a couple of days. I’ve been at my job for two weeks now and I already have (awesome) stories. Stay tuned. This week, though, let’s talk about this crazy-fast transition that I’m going through in my life. Mmmmmk?

To recap: 2013 was dark. Like…Disney dark. (P.S., if you don’t get the dark undertones in most Disney movies, you should set aside a few hours this weekend and rewatch your childhood favorites, because…whoa). The lone highlight of 2013 was seeing Rihanna in concert. I kept saying, “2014 has to be better.”

Well, here we are, and 2014 is covered in light, roses, bunnies, and all other things good and cute.  I may be the happiest that I’ve ever been in my adult life. Why, you ask? Because of all the ch-ch-ch-changes!

First of all, I have a legal job that I love.  It’s only been a week and a half, but everything is coming up roses so far. I work for a really cool company, I do dynamic legal work, and I work with awesome and intelligent people. Every day I’m challenged and pushed to be better, which is what I had in mind when I first entered law school. This job actually makes me want to be a lawyer, which is new and unexpected. BUT ENOUGH ABOUT THAT!

Second, the weather: let’s talk about wearing shorts and flip-flops in January. Or we can discuss reviewing contracts poolside. Entertain the notion of shifting the liability to a third party on the beach, even. All of these are now my options! Two weeks ago I lived in D.C.; the same D.C. that was shut down for two days last week because of the resurgence of the polar vortex (speaking of, that weather pattern really sucks).

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The “downside” to life (just kidding! there is none!) is driving everywhere. I’m a walker. I’ve previously lived in Washington, D.C., Boston, and New York: all of these are major cities with wide-ranging public transportation systems and a walkable urban plan that renders ownership of a car unnecessary and burdensome. Friends, Florida is not like that; a car is a necessary part of life. Now I’m a commuter! Every morning I wake up, start my car, drive to Starbucks, and sit in highway traffic on my way to work (if you care, I take 95 to 195). This may seem normal to some, but I have literally never had to be so alert before 9:00 a.m. In fact, for the first few days of commuting, I drove in absolute silence with my hands resolutely placed at the 10:00 and 2:00 positions. Every five minutes I’d say out loud: “Don’t kill yourself or anyone else.” Luckily I’m more comfortable now, and it’s become less of a burden. Sometimes I even get a bit of road rage, and then I’m all:

All in all, I’m having an amazing time. I have a newfound admiration for the law — so much so that I plan on taking the Florida Bar exam this summer. I never thought I would voluntarily sit for the bar exam, but I figure if I want to make a life and career here, it’s the next logical step. More importantly, it’s what my instincts are telling me to do, and I’m still inclined to follow them. It’s worked out so far!

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of [Sandra Cohen-Rose and Colin Rose via Flickr]

Featured .gifs courtesy of [RealityTVgifs]

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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When All Else Fails, You NeTwerk https://legacy.lawstreetmedia.com/blogs/culture-blog/when-all-else-fails-you-netwerk/ https://legacy.lawstreetmedia.com/blogs/culture-blog/when-all-else-fails-you-netwerk/#comments Wed, 13 Nov 2013 16:46:50 +0000 http://lawstreetmedia.wpengine.com/?p=7946

When Lady Gaga was on “Watch What Happens Live” with Andy Cohen, he asked her what she thought of the twerking phenomenon that was sweeping the country.  (Sidenote: twerking isn’t a new thing, it’s just…a thing. Whatever). Anyway, Gaga said, “I think that people should stop putting the letter ‘T’ in front of the word […]

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When Lady Gaga was on “Watch What Happens Live” with Andy Cohen, he asked her what she thought of the twerking phenomenon that was sweeping the country.  (Sidenote: twerking isn’t a new thing, it’s just…a thing. Whatever). Anyway, Gaga said, “I think that people should stop putting the letter ‘T’ in front of the word ‘werk.’”

I agree, but what about putting a “net” in front of “werk”? Does that change the rules?

 

Hear me out.

Esquires are many.  JDs are more. Jobs are few. Careers are less. Sometimes you’ve got to get in where you fit in, folks.

We all know that applying for jobs is so much more than sending in your overly-impressive, super-stacked resume.  Sorry, but no one cares that you were number three in your class.  In 2013, you need to get out there and let the world know that you’re looking for a job.

What does that entail?

Facebook, Twitter, LinkedIn, U.S. Postal Service, FedEx, UPS, carrier pigeons, messages in bottles, and much prayer to the God of your choosing.

“I’ve tried all of that, Peter, but I’m still sitting around eating left over Halloween candy in my underwear while watching Modern Family reruns! What else can I do?”

To be honest, I think that anyone eating monster-shaped Reese’s peanut butter cups in sweatpants with an active Netflix account is winning the game of life, but what do I know? For those that require a bit more for professional fulfillment, it’s time to go the Miley* route.

You have to use that body!

Tonight I am going to a networking event. Yes, the thought of it emotionally drains me.  Anyway, my Siamese twin RJ and I are going to get gussied up and smile in the faces of people who make a lot more money than us and are much more influential. We’re going to laugh at their jokes, look them in the eyes, and and take great pains to stick to two glasses of wine for the night.

The real werk starts way before the event, though. We’re putting on our best-fitting suits, crispest white shirts, shiniest dress shoes, and our best-smelling perfumes and colognes. I’ll probably run three or four miles to sweat out any toxins, and definitely plan on putting some Crest white strips on my teeth for 30-40 minutes mid-afternoon.

“Are you saying that how I look will impact my networking experience?” No. I’m saying it’ll affect your netWERKing experience. Do you follow?

People want to talk to people who are pretty. If they talk to you and you’ve got personality, they’ll like you. If they like you, they’ll remember you when job information comes their way. If they remember you, you’ll get a job faster. It’s science.

Ok, ok, let’s say you try all of the above and the event is still stiff. Maybe the small talk isn’t covering topics about which you know a lot of information. You then reach into your (figurative) bag of tricks and pull out the pièce de résistance, the “Netwerk” – patent pending. It’s not even hard.  You just pop a Miley*! Bend the knees, pop the hips, and re-state all of the phenomenal experience you gained during your various past clinics, internships, and jobs.

Not only will you likely be hired on the spot, they will surely put you on the fast track to a corner office. Trust me- I haven’t gotten where I am without a lot of netwerking, and I’m finally ready to share my secret. You’re welcome.

*Is Miley still who the kids are referencing? I’m desperately grasping to my quickly escaping youth.

P.S. For serious job search information, check out Alex’s Capitalista blog or our job list.

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy.

Featured image courtesy of [John Murden via Flickr]

.gifs courtesy of T. Kyle from RealityTVgifs

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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The Simple Classification of Friends in a Post-J.D. World https://legacy.lawstreetmedia.com/blogs/culture-blog/the-simple-classification-of-friends-in-a-post-j-d-world/ https://legacy.lawstreetmedia.com/blogs/culture-blog/the-simple-classification-of-friends-in-a-post-j-d-world/#respond Tue, 15 Oct 2013 20:27:54 +0000 http://lawstreetmedia.wpengine.com/?p=5465

I graduated from law school almost five months ago, in May 2013.  From late May to late July, I spent two months being depressed and suicidal, otherwise known as bar prep. A shockingly accurate representation of summer 2013. Post-bar, I spent a month catching up on terrible reality television, reading stupid magazines, and engaging in […]

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I graduated from law school almost five months ago, in May 2013.  From late May to late July, I spent two months being depressed and suicidal, otherwise known as bar prep.

A shockingly accurate representation of summer 2013.

Post-bar, I spent a month catching up on terrible reality television, reading stupid magazines, and engaging in other activities that required little-to-no brain functionality.

Surprisingly, what I didn’t do was make a particular rush to catch up with the friends that I had effectively neglected for two and a half months.  I was in a bar exam-induced PTSD, and I couldn’t fathom being around others who had not just gone through the same level of intellectual violation and warfare.  Everyone was uncomfortably happy and upbeat about the future, and I was not in the same boat.  I knew that I had three and a half months of waiting for bar results, and that thought remained in the back of my mind every day.

As I slowly but surely reemerge into polite society from my self-imposed exile, I realize that there are so many misconceptions about life during and after law school. These funnily-flawed thoughts come from four broadly classified categories of friends.

Group 1

These are your non-legal friends who are personally and professionally winning.  People often forget that you paused your life for three years to learn the law.  Unfortunately, the world didn’t pause with you.  In fact, it seems like their lives fast-forwarded a few chapters: promotions, engagements, marriages, and home purchases are what all of my friends talk about now.

Do you know what I talk about now? (1) Funemployment—not so fun.  (2) Educational debt—tons of it.  (3) Feeling old- what’s a Miley Cyrus?  (4) Reality tv- I live vicariously through Bravolebrities.  I literally don’t know how to relate to conversations about the depreciating value of diamonds and how the engagement ring business is a genius scam.  Diamonds and engagement are so far away for me, but for everyone else it’s happening!

Sorry, smart friend  who didn’t go to law school — I can’t relate to your perfect problems.

While we spent the last 1,100-ish days creating pneumonic devices for Constitutional tests (Lemon Test= SEX= Secular purpose; no primary Effect of advancing or hindering religion; no eXcessive entanglement.  You’re welcome), your friends were at work.  They were becoming more practically skilled in their professional fields, whereas you were receiving theoretical training.  You were getting A’s and B’s, but they were getting promotions.  The reality is that even if you become a first-year associate at a top law firm, you’re at the bottom of the totem pole.  Your friends, however, are not.  Thanks, law school.

We get it, you’re happy.

See? Professionally and personally winning.

Let us catch up, guys! We were on the bench for 3-4 years and now we’re trying to get back in the game!

Group 2

These are your friends who can’t grasp what current law students and law graduates know: law school ages you! You know those side-by-side comparisons of Presidents George W. Bush and Barack Obama from their first Presidential portrait to their second?  And how everyone remarks that they have many more wrinkles and much more gray hair.  Such is life for a person learning the law.

Everyone expects you to rage at the end of the semester, and that desire to get you blackout drunk grows exponentially when you’re done taking the bar.  Little do your friends know that, while you talk a big game about drinking your face off, all you really want to do is sleep.  Perhaps you’d like to read a non-legal book? I hear they’re interesting.  Maybe jump on that exercise fad? There’s so much to try, but it’s difficult to get off of the couch because you feel so old.

My response every time someone wants to catch up over drinks.

Law students and lawyers read a lot.  Our eyesight is terrible.  Our backs hurt from carrying so many books (unless you had a wheelie backpack, in which case…just go).  We have a severe Vitamin D deficiency, because fluorescent library lights just aren’t as healthy for humans as sunlight.

Let us get some rest and attempt to feel like real humans again.  Once we’ve accomplished that (seemingly insurmountable) goal, we will gladly have a beer with you…or twenty.

Group 3

These friends are your biggest cheerleaders, but also have no idea about the reality you face.

I love comparing the pep talks I receive with those received by other law school friends.

Friend A: “My mom said I should apply to the biggest firm in the country because they’d be lucky to have me!”  Facts:Not necessarily true.  In fact, most likely not true, especially if you’re weren’t a summer associate at the firm.

Friend B: “My parents have a friend of a friend of a friend of a cousin who met a judge with whom they think I should apply.  The judge is on the D.C. Circuit.  I wasn’t on law review.”  Facts: Not happening.  Unless you saved the life of that judge’s first born child oryou are that judge’s child, it’s not happening.

Lisa Vanderpump and I appreciate the sentiment, but you’re wrong.

Friend C: “I’m pretty sure I failed the bar, but all of my friends say I definitely passed because I studied so hard.”  Fact: Actually, it’s a total toss up and we don’t find out until November, because bar examiners are sick and twisted people.  Also, the bar is a test that requires minimum competency, which is tough to gauge!

Friend D: “You’ll find a job, you’re smart!” Fact: Yes, but so is every other unemployed kid with a JD, and every unemployed actual attorney, so…. next.

The moral to this group of friends? We get it; you’re doing your job and being supportive and nice.  You, however, are incorrect about most of the smoke you’re blowing.

Enough is enough! Stop being such a good friend, right Taylor?

We secretly really appreciate it, though.

Group 4

This group is the best: the friends who work for big law and aren’t yet used to their new lifestyles.

The most inadvertent comments from them remind you of the stark differences of your post-graduation paths.

Like, how can you not sympathize with someone who hasn’t cooked in weeks because the firm insists on feeding them breakfast, lunch, and dinner?

Seriously, guys, sometimes you want to walk home after a long day in the office, but if you stay past a certain hour, you have to take a car service.  Ugh.

Would you believe there are people out there suffering the indignity of business class? I’d quit.

Their comments are equally representative of their acceptance of the monumental change in their lives and the shock that all of this is happening to them.  They get a lot of perks, but they work all the time.  Some of them really enjoy what they do (FREAKS), and some of them feel the exact opposite way.

They always remind you how lucky you are that you are still looking for work, or that your job lets you leave at 6:00, 7:00, 8:00, 9:00, or 10:00.  The grass is always greener, right?

You’re of course genuinely thrilled for them, too. It’s always nice to have a bunch of friends at a bunch of firms, especially if you’re considering running for public office one day (wink wink nudge nudge Citizens United, anyone?).

Seriously, donate to my Senate campaign in 2026!

Are there any other groups I’m missing? Let me know in the comments!

Featured image courtesy of [Jesse Vaughan via Flickr]

(all .gifs provided by the genius T. Kyle MacMahon from Reality TV .gifs.)

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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