Law School


Apps do a lot, but have you read their terms of use?

Apps do a lot, but have you read their terms of use?

This past weekend, when I had a few spare moments, I was perusing the terms of use of my Snapchat account.

What, doesn’t everyone do that?

Probably not. But we occasionally should wonder a little more about the legal side of those app-tastic tools.

For instance, I was struck by the open approach at the very top of those terms. In fact, they highlight a binding arbitration provision you may be agreeing to. The ALL-CAPS are theirs:

“ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SNAPCHAT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAPCHAT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.”

Charming, in a way—though certainly driven by courts that have looked askance at such provisions when they are hidden away, deep down in legalese. But no one who glanced at even the top sentence of Snap’s term could miss that blunt warning.

Turns out, I could have opted out of the requirement of mandatory binding arbitration, simply by sending a letter to that effect to their snail-mail address (within 30 days of these changed terms).

Did I? No, though I considered it simply as a fun exercise (and a second blog post!). I passed on the legal Bartleby moment partly through laziness. But partly also because I’m just conspiracy-theory-amenable enough that I would fear they’d take the six, or eight, or 10 decline-letters they receive every month and “accidentally” close our accounts.

Irrational? I get it. Whatevs.

And apparently, I’m not the only one fascinated by terms of service. Just this morning, the lead question in the ABA Journal’s legal-news quiz focused on PokemonGo’s TofS. So there:

PokemonGo terms of service was a subject in an ABA Journal news quiz this week. Do you know the answer? I did.

PokemonGo terms of service was a subject in an ABA Journal news quiz this week. Do you know the answer? I did.

Meantime, to add to our social media joy, how many of us are aware that social media clauses in prenuptial agreements are now a thing?

Plastic bride and groom with gavel, on white - divorce conceptIt’s true. Not only might you want to keep grandma’s stocks and grandpa’s bullion out of the hands of your formerly betrothed. Now, you want them to keep their hands off your social media assets.

Romantic, I know.

Read the essay by Jaburg Wilk attorney Jason Castle here. And follow him on Twitter @CastleAzlaw @Jaburg_Wilk

As Jason tells us:

“For example, the clause would address what and how information is shared whether it is positive, negative, insulting, embarrassing or includes flattering photos, images, or other content. I recommend keeping the clause as broad as possible to accommodate the rapidly growing technology because the technology of today will be outdated within 10 years. I also believe prior to marriage it is important for the parties to clearly understand what they each define as private and what is acceptable to be shared with others. Another component of a social media clause can include the ability to monitor the other spouse’s social media activities.”

And that’s even before he gets to the awfulness of revenge porn. I mean, people are the worst.

What new technology–law–love mashups have you come across recently? (And do you also read terms of use of your apps? Please say you do.)

Very scientific Venn diagram catalogs the human condition. love technology law

Very scientific Venn diagram catalogs the human condition.

To make the whole thing more legally accessible, I’ve created the Venn diagram above. You’re welcome. (And for all my law school professors who wondered about my legal acumen: Boom!)

Comment below or write to me at arizona.attorney@azbar.org.

ASU Law School says goodbye to Armstrong Hall

Typically, law schools stay planted in a spot for, I don’t know, an eternity. So it’s definitely news that the ASU Sandra Day O’Connor College of Law is moving to downtown Phoenix this year.

But that means they are leaving behind their home since the school was founded in 1968. And that means a party.

Tomorrow, Friday, May 20, the school invites “alumni, friends, supporters, faculty, staff, and current students to come together for a day of festivities to celebrate the past and prepare for the move to the Arizona Center for Law and Society in downtown Phoenix. We will also honor Professor David Kader as he retires after 36 years on the ASU Law faculty and 41 years as a law professor.”

The “toast and roast” to the old building will be preceded by actual educational offerings (where lunch will be served to those attending those offerings). I’ve included the agenda and offerings below.

More detail about the festivities is here.

Because space is limited, be sure to register for the free event (though voluntary donations support law student scholarships).

Finally, though time is short, the school would still love to hear your memories and anecdotes; maybe they can become part of Friday’s event.

Do you have a story to share?

“If you would like to share in advance your story, memories, photos or videos for the Toast & Roast portion of the event, please click here to upload them. We can accept files up to 2MB. Contact Julia Moore at (480) 965-3112 if your files are larger than 2MB. If you have questions, contact Keith Chandler at (480) 965-6405.”

When: Friday, May 20, 10:00 a.m. – 5:00 p.m. (lunch will be provided)

Where: Sandra Day O’Connor College of Law, ASU, Willard H. Pedrick Great Hall, Room 113

ASU Law School Armstrong Hall exterior

ASU Law School’s Armstrong Hall

Schedule of Events

10 a.m. Check-In & Registration Opens

11 a.m. Welcome | CLE with “Founding Faculty” | Lunch

  • Michael Berch, Emeritus Professor of Law, “The Two Functions of Judicial Decisions: Stare Decisis and Res Judicata Discussion: Analysis of Rush v. Maple Heights
  • The Honorable William C. Canby Jr., United States Court of Appeals for the Ninth Circuit, “On Teaching Constitutional Law: Then (1968-1980) and Now”
  • Alan Matheson, Emeritus Dean, “Confirmation Hearings for Supreme Court Justices: Running the Gauntlet”
  • Jonathan Rose, Emeritus Professor of Law, “History of Contract Law”

2:30 p.m. Toast & Roast to Armstrong Hall

3:30 p.m. Event Reception & Retirement Celebration for David Kader, Emeritus Professor of Law

ASU Law School Armstrong Hall interior v2

Armstrong Hall

Our April 2016 issue features the stories of a small number of Arizona lawyers committed to access to justice through pro bono service.

Our April 2016 issue features the stories of a small number of Arizona lawyers committed to access to justice through pro bono service.

I fear I let a great April event fly by without properly acknowledging it—and the accomplishments of so many great attorneys.

The April issue of Arizona Attorney Magazine featured Access to Justice advocates—attorneys selected by the state’s VLPs (Volunteer Lawyers Programs) for their unstinting commitment to offering pro bono service.

The issue also allowed me to praise some law students from the University of Arizona for their accomplishments in a writing competition I was pleased to judge.

Here, I reprint my column and their photo. And be sure to read about all the A2J Advocates here.

Last month in this space, I wrote about courage and what it requires of us, in our choices and in our commitment to an accurate retelling of history.

Some of you have contacted me with feedback and insight about my words. If you haven’t, please feel free to read the column (http://ow.ly/Z1XfW) and send me your thoughts.

As I said there, it’s great when we can spot courage. But advocating for it and advancing it? That’s the role of leaders.

This month, we’re all about those courageous leaders. Our cover and story beginning on page 18 offer legal exemplars. In a month focused on access to justice, we raise a toast to lawyers who step into the breach to fill unfilled needs.

And in law school, leadership may be nurtured, as well.

As in years past, I’m privileged to report on some leaders-in-training, law students who prevailed in a rigorous writing competition at the University of Arizona James E. Rogers College of Law. Congratulations to: Jillian Andrews (2L), first place ($2,500 award); Max Bradley (1L), second place ($1,500); Julie Pack (1L), third place ($1,000); and Kayla Bernays (1L), honorable mention ($750).

Richard Grand UA Law School legal writing awards 2016-page0001

As a competition judge, I can tell you that their work was moving and compelling—exactly what I would have expected!

Though I’m always happy to serve as a judge, I have nothing to do with the annual event’s theme or approach, which is developed by talented law school faculty. And so I was delighted to see the selected topic this year—courage.

And that makes sense, as the competition is named for Arizona lawyer Richard Grand, who never shrank from a fight. As the school describes him:

Over the course of his five-decade-long career, Tucson attorney Richard Grand worked tirelessly to achieve justice for his clients. His clients were often ordinary people who had suffered extraordinary injuries. The opposing parties were often large corporations and powerful insurance companies. Mr. Grand never retired, and he handled cases up until the last day of his life. Mr. Grand valued competence, communication, and courage.

Richard died in 2013. He would have been 86 this year, and he was a zealous advocate when advocates were allowed to be zealous. He and his wonderful wife Marcia funded (and continue to fund and inspire) this writing endeavor.

Congratulations to those lawyers and law students, past and present, who aim to close the justice gap.

Professor Sarah Deer (photo: MacArthur Foundation)

Professor Sarah Deer (photo: MacArthur Foundation)

Professor Sarah Deer (a citizen of the Muscogee Creek Nation in Oklahoma) will speak and be recognized on Monday, May 2, at ASU’s Labriola Center, in Hayden Library, Tempe.

Deer is the recipient of the eighth annual Labriola Center American Indian Book Award for her 2015 book The Beginning and End of Rape: Confronting Sexual Violence in Native America. The event will be held at 2:00 p.m., when she will participate in an interview with Dr. David Martinez, American Indian Studies Faculty.

Professor Deer is a legal scholar who in part is well known for her significant scholarship regarding violence against Native American women. She is a 2014 MacArthur Fellow and authored Amnesty International’s “Maze of Injustice” Report (2007).

You can read a helpful review of her work here.

As Deer told the Indian Country Today Media Network:

“The advantage the tribes have at this point in our nation’s history is that many tribes do not yet have comprehensive anti-rape strategies in law, which is understandable given the legal system and the challenges that tribal nations face in addressing these types of crimes.”

“So there’s a perfect opportunity to say, ‘What would a good anti-rape strategy look like from the ground up if we don’t have the baggage and the trappings of American rape law, which is deeply problematic? What can we do outside of that construct?’ If tribes are really able to deal with rape without falling into the same mistakes that the American system has made, then they might indeed come up with models that could work for rape victims throughout the world,” says Deer.

American Indian book award Sarah Deer sexual violence in Native America

Prosecutorial discretion is the topic at an upcoming ASU Morrison Institute event (image: screen shot from the opening sequence of the "order" portion of Law & Order)

Prosecutorial discretion is the topic at an upcoming ASU Morrison Institute event (image: screen shot from the opening sequence of the “order” portion of Law & Order)

So when it rains, it pours.

Later this week, while I attend a conference examining criminal justice, a panel discussion exploring prosecutorial discretion will be held here in Arizona.

Sheesh.

Well, just because I cannot attend the ASU Morrison Institute for Public Policy event, doesn’t mean you can’t. It will be held this Thursday, Feb. 25, from 5:00 to 7:00 p.m.

Here is a description by the organizers:

ASU Morrison Institute logoOver the last 30 years there has been a power shift in Arizona’s criminal justice system, with many sentencing outcomes no longer determined by judges and parole boards but now by prosecutors. Mandatory minimum sentencing, truth-in-sentencing, and three-strikes maximum punishments have greatly increased prison populations in Arizona and elsewhere, taking greater shares of state budgets.

Part of an ASU Morrison Institute for Public Policy series on criminal sentencing reform, The Full Impact of Prosecutorial Discretion will focus on the pros and cons of this shift through this compelling dialogue.

Panelists:

  • Honorable Pamela Gates, Superior Court Judge
  • Honorable Ronald Reinstein, Retired Superior Court Judge
  • Sheila Polk, Yavapai County Attorney
  • Erik Luna, ASU Law Professor

Also: Arizona Sen. Martin Quezada and Arizona Sen. Adam Driggs will engage in discussion about their perspectives on Arizona’s incarceration rates, the role of “discretion,” and whether there is political will in the Legislature for criminal sentencing reform by changing the judicial code or other action.

The event will be held at the Walter Cronkite School of Journalism and Mass Communication, Room 128 (ASU’s Downtown Phoenix Campus, 555 N. Central Ave.)

Details and free registration are here.

Bud Selig

Bud Selig

We learned this past week that Allan H. (Bud) Selig, the former baseball commissioner, has joined the faculty of the Sandra Day O’Connor College of Law at Arizona State University. He will play an integral role in the school’s Sports Law and Business program.

As Arizona Republic reporter Anne Ryman says:

“ASU officials said Selig will teach and will be the founding president of an advisory board to the program. He’ll also spearhead an initiative to bring in speakers as part of the Bud Selig Speaker Series on Sports in America.”

You can read her whole story here.

Forbes writer Maury Brown examines Selig’s move and what it means for the athletics-minded academic and the law school he’ll be joining.

As Brown reports:

“So, in Selig’s second life, he looks to expand horizons for those entering the business of baseball and beyond. According to ASU, he helps select two Selig Sports Law and Business Scholars — one from the incoming jurisprudence class and another from the Master of Sports Law and Business or Master of Law. He will also lead efforts to bring speakers to ASU Law as part of the Bud Selig Speaker Series on Sports in America.”

Finally, there is more from 12 News, including a short video interview with Selig, here. As the story says, “The hire is another step in ASU’s attempt to increase its law school’s profile, which includes a move to the downtown campus. The new building is slated to open this fall.”

Bud Selig

Bud Selig

True, the American Museum of Tort Law (and its Unsafe Pinto T-shirt) looks fun. But is that enough reason to advocate a legal career?

True, the American Museum of Tort Law (and its Unsafe Pinto T-shirt) looks fun. But is that enough reason to advocate a legal career?

Just as February begins, I’ve decided to share with you my column from this month’s issue of Arizona Attorney—for a single reason, framed as a question at the end of my column.

Namely, would you encourage someone to go to law school today? If so, what qualities would you stress that they should have or develop to maximize the value of the experience?

Here’s the piece:

 

“Bullish” is typically how I would describe my viewpoint about the future of the legal profession. We certainly face challenges, even big ones, and I do not agree with those who think things will return to “normal”—if normal means bushelfuls of billable hours, clients who don’t scrutinize invoices, the elimination of offshore legal services, and equity partnerships for those who simply put in the time.

Despite the new normal, I remain confident that the field is a worthy one to pursue—even if you accumulate some student debt along the way. In a month featuring Valentine’s Day, the law still deserves our love.

RBG Valentine via Georgetown Law Weekly

RBG Valentine via Georgetown Law Weekly

But what if I have to put my money where my mouth is? What if the lawyerly profession were to darken my own door? Would I be so sanguine?

That occurred to me over the holiday season, when my daughter was home from university. She’s a sophomore, studying a decidedly non-prelaw major. But this past semester, she took an elective on Business Law—and liked it very much. (Except for the way the instructor taught torts, which seemed pretty dull to her. I explained that when you get beyond business torts, you’re into eye-opening and awe-inspiring territory. Maybe we’ll take a field trip to the American Museum of Tort Law in Connecticut!)

For the first time ever, I heard our daughter say that she would consider aiming for a law degree after college.

Gulp. Time to decide if I walk the walk.

And my hesitation to embrace a legal future for someone I care for is not unique. I recently spoke with a partner at a large multistate law firm. He had previously reached positions of national prominence in the realm of criminal and civil law, and now is a shareholder in a respected, white-shoe national firm. The law has been very good to him.

Despite that, he confessed his own hesitation when his son, a recent college graduate, mentioned he may sit for the LSAT. “I wasn’t sure what to tell him,” the attorney admitted to me. “But I certainly didn’t encourage it.”

In a time when job prospects are still sparse and the practice is shifting in numerous ways, how do we encourage future applicants in a LegalZoom era? How do we describe the field, and what core skills do we emphasize as the future of a profession? How do we characterize important elements like fulfillment, service, and meaning in 2016 and beyond?

Your thoughts are welcome at arizona.attorney@azbar.org. The legal field—and at least a few of our kids—would appreciate the input.

Next Page »

Follow

Get every new post delivered to your Inbox.

Join 3,778 other followers