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Everything posted by Muda69
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https://reason.com/2020/07/29/the-case-for-replacing-the-bar-exam-with-diploma-privilege/ Defenders of bar exams argue that consumers would otherwise have little or no way to tell whether a given lawyer is competent or not. But, in reality, there are many other signals to determine that. Often, clients hire not a specific lawyer, but a firm. In that event, the firm's reputation is a signal of quality, and firms have an incentive to protect that reputation by avoiding the hiring of incompetents. Even with solo practitioners, quality can be discerned by consulting past clients, and a variety of other mechanisms. Legal scholar Gillian Hadfield has an excellent article making the case that barriers to information can be further reduced by eliminating prohibitions on the corporate practice of law. If corporations were allowed to provide basic legal services—as they currently do with many other professional services, such as accounting—that would reduce cost and also make it easier to signal quality. When you hire H&R Block to do your taxes, you are relying on the overall reputation of the firm, not on that of the specific person who handles your case. Legal services can work similarly. These methods are not perfect. But they are likely to be far better than relying on bar exam passage as a signal of quality, since the latter is really just a test of memorization. One possible alternative to "diploma privilege" is simply postponing bar exams, as some states have done. But that prevents thousands of recent law graduates from earning an income in the meantime—and blocks clients from using their services. If states are unwilling to forego the bar exam entirely, they should at least provide temporary diploma privilege for a period of, say, three years, by which time the pandemic is likely to be over, and bar exams can be safely administered. Online bar exams are another possible solution. The obvious objection to them is that it is extremely difficult to prevent cheating on an online "closed book" exam. It may well be impossible to ensure that a test-taker doesn't have study guides or reference books with her as she takes the exam. That doesn't bother me too much, because I believe bar exams are a sham credential in any case. But even I recognize there is some unfairness in a format that rewards those most willing to cheat. In addition, not everyone has access to software and internet connections that are likely to be reliable through many hours of exam taking. On balance, online exams seem preferable to in-person ones, or to keeping law school graduates in limbo until in-person exams become safer. But diploma privilege is a better approach than either. For those states that stubbornly insist on holding in-person exams during a pandemic, I am tempted to revive my "modest proposal" for bar exam reform (first developed many years ago😞 If the knowledge tested on bar exams is so important that we must ensure all practicing lawyers know it—even at the risk of exacerbating a deadly pandemic—then surely that principle applies with extra force to prominent leaders of the legal profession, particularly those responsible for setting professional standards for others. By this reasoning, they should have to take the exam on the same terms as they impose on new bar applicants. If that means taking an in-person exam during a pandemic, then so be it! On balance, however, I will not insist on this idea, so long as the pandemic continues. I recognize that many bar association leaders are likely to be at special risk, due to age and health conditions. The "modest proposal" might be a useful reform under normal conditions. But it would be wrong to impose it now. We should not require bar leaders to risk their lives and health for no good reason. But they, in turn, should not impose such risks on others. Finally, critics may argue that, as a law professor, I have a self-interest in promoting "diploma privilege." My brief response is that I have also long advocated abolishing or at least reducing the requirement that all lawyers attend ABA-accredited law schools, as well. I have also long advocated a variety of other reforms that would have the effect of reducing the demand for law school education and legal services generally—most notably reducing the number and complexity of laws. I don't claim diploma privilege is the optimal regulatory regime, merely that it's superior to system under which lawyers are required to both have a diploma and pass a worthless bar exam. An interesting proposal. I would like to hear the opinions on this from our resident GID legal professionals.
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Football/School Start Date
Muda69 replied to Football Guru 25's topic in The Indiana High School Football Forum
https://www.jconline.com/story/sports/2020/07/29/ihsaa-plans-move-forward-fall-sports-schedules/5536814002/ -
No, not slow. Actually quite busy. But I always try and make time for good conversation. No, I don't see the difference. To me there really isn't much difference between an individual who believes in <insert deity here> or one that believes the earth is flat. I would generally have no problem having a relationship with either one. And no, I do not believe the earth is flat. And your earlier statement was: So being in a business relationship with an individual who reveals they are a "flat earther" makes you question your very sanity. A frightening thought, no?
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Senate Republicans' $1 Trillion COVID-19 Relief Bill Includes Billions for New Fighter Jets, Attack Helicopters, and Missiles https://reason.com/2020/07/28/senate-republicans-1-trillion-covid-19-relief-bill-includes-billions-for-new-fighter-jets-attack-helicopters-and-missiles/ So the DoD is already getting $740 billion in defense spending but they had the gall to sneak in $30 billion in a bill for Covid-19 relief? More proof the military-industrial complex runs Washington, not the citizens.
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Suspended or cancelled season
Muda69 replied to Football Guru 25's topic in Gridiron Out of Bounds's Out of Bound Forum
I have a relative that lives in a small town in northern Italy. It was basically martial laws for 3-4 months. If you were out the street without the proper documentation saying where you were going (grocery, doctor. etc.) you could be arrested and fined. -
School Choice is Good For America; round 3
Muda69 replied to Muda69's topic in Gridiron Out of Bounds's Out of Bound Forum
Viewpoint Diversity Gets a Boost as Families Flee Public Schools https://reason.com/2020/07/29/viewpoint-diversity-gets-a-boost-as-families-flee-public-schools/ -
Teachers Unions Want Wealth Taxes, Charter School Bans, and Medicare-for-all Before Schools Can Reopen What does this have to do with safely educating kids in the midst of a pandemic? Not much. https://reason.com/2020/07/28/teachers-unions-want-wealth-taxes-charter-school-bans-and-medicaid-for-all-before-schools-can-reopen/ It's perfectly clear what the number priority of these public sector teacher's unions are, and it isn't the student. But hey, that is why unions exist, to protect the interests of it's members. And really public sector teacher's unions need to stop pretending to be anything different.
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Suspended or cancelled season
Muda69 replied to Football Guru 25's topic in Gridiron Out of Bounds's Out of Bound Forum
What is the over/under on the number of school buildings during the 2020-21 school year that start out with in-classroom learning, then have to go back to e-"learning" for X number of weeks due to a COVID-19 case(s) in the particular building? I say it happens at at least five school buildings throughout the state within the first 30 days of that building being open for school. -
Suspended or cancelled season
Muda69 replied to Football Guru 25's topic in Gridiron Out of Bounds's Out of Bound Forum
But the phrase: Has a purely educational connotation to it, does it not? So that would entail that the CDC also must now employ educational professionals who have made the determination that "kids need to be back in school". If "kids need to be back in school" is not primarily for educational reasons that what is it? Is the CDC saying that physical public/private/parochial school environments are now somehow safer places for kids to be in regards to COVID-19 infection? Safer than their actual homes? -
Suspended or cancelled season
Muda69 replied to Football Guru 25's topic in Gridiron Out of Bounds's Out of Bound Forum
So the CDC are also now educational professionals as well as disease professionals? -
New Donald Trump thread
Muda69 replied to Muda69's topic in Gridiron Out of Bounds's Out of Bound Forum
Ahem: https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/07/27/896043971/portland-protesters-file-suit-against-trump-administration-over-federal-response -
Miami Police Setting Up 'Mask Traps,' Issuing $100 Fines to People Wearing Masks Improperly https://reason.com/2020/07/27/miami-police-setting-up-mask-traps-issuing-100-fines-to-people-wearing-masks-improperly/ Well, local government income from other kinds of citations/fines are probably way down due to the pandemic, so these $100 hits will help make some of that back. Right?
