Memo to Sheryl Crow

I am a big fan of Sheryl Crow. But she is wrong when she states, as she did in this interview, that Tea Party members are not educated.

Perhaps she should meet West Point and Yale Law School graduate Joe Miller, a Tea Party-backed senatorial candidate in Alaska.

Is Law School Necessary to be a Lawyer?

One former convict, Clarence Carter, says no. The state of Indiana says yes.

Here is part of the story:

A federal lawsuit filed by Carter against state court officials takes aim at what he sees as an unfair rule. It requires graduation from law school to take Indiana's bar exam, necessary to become a licensed lawyer.

But Carter cannot gain admission to law school:

With felony drug convictions on his record and a low score on a standard entry exam, the LSAT, his applications to 13 law schools have met with rejection.

Read the full story here.

What Referees Teach About Legal Theory

While Germany is on a national (not natural) high over the Soccer World Cup I teach my students that you can learn almost everything about legal theory from watching a soccer game. And I mean it. And I mean the referees. The way they stick to the rules and they way they sometimes don't. The way they enforce the rules, but do not dare to enforce them when outcry (politics) would be too big. The way they always have to maintain acceptance for their decisions. And the way the FIFA, the world soccer association refuses to allow video proof with regards to 'close' decisions. The FIFA knows a lot about law. When you allow too much judicial review or too much public review, the law loses acceptance. The law lives off of a metaphysical presumption that it is valid. And that it is not subject to entire comparison with what is 'really just' and 'really fair'. Law is not fairness. Law might be (and should be) fair in most regards. But it is not identical with fairness. This is not bad. It is part of an important step in civilization.