Two weeks ago, faculty at Seton Hall’s School of Law were informed their pay would be cut by 10 percent during the upcoming term. All junior (untenured) faculty were told they could be fired after the 2013-2014 school year. Seton Hall joined Florida Coastal, (10 percent of staff were fired) and Vermont Law School (one-fifth of tenure-track faculty positions were removed), in delivering a message professors not at elite schools have long feared was coming. As the legal job market remains in shambles and law school applications continue their historic free-fall, schools will be forced to undertake a variety of drastic measures to remain solvent until the millions in missing tuition dollars return. Firing faculty and downsizing staff—perhaps even closing whole schools—will soon be common; so will the appearance of the LL.M., a degree whose strange career may be emblematic of the most serious problems in legal education.
The opening lines of Antonin Scalia's dissent in United States v. Windsor—where a 5–4 majority of the Supreme Court overturned the 1997 Defense of Marriage Act on equal protection grounds—are straightforward: "We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation."
Congratulations, America! Racial discrimination in voting is now a thing of the past. Or so the five conservative justices on the Supreme Court decided in their ruling issued today, overturning the preclearance formula of the Voting Rights Act, under which states with long histories of discrimination at the voting booth had to get permission from the Justice Department before changing their voting rules. Now they're free to do as they wish, and although one could still challenge blatantly discriminatory rules in court, states like Texas, Alabama, Mississippi and South Carolina have been liberated from federal oversight.
When Republicans won sweeping victories in the 2010 elections, they decided to take advantage of the moment. They might be losing the culture war, but with control of many state legislatures, they could mount a frontal assault on women's reproductive rights. And so they did; in 2011, there were no less than 92 laws passed at the state level to restrict women's access to abortion. The next year saw a further 43 such laws passed (still more than any other year in history), and 2013 has already been a bad year for abortion rights.