Showing posts with label legal education. Show all posts
Showing posts with label legal education. Show all posts

Monday, June 2, 2025

Global collab promotes teaching law without borders

Peltz-Steele, Lewinbuk, Rott-Pietrzyk, Kim, Rigó
© Used with permission
Collaborators and I had the privilege of discussing the Global Law Classroom (GLC) at the 17th Global Legal Skills Conference (GLS 17), hosted by the Global Legal Skills Institute and the Faculty of Law at Masaryk University (MUNI Law) in Brno, Czechia, last week.

The GLC is a collaboration of faculty around the world to bring together students across borders, via Zoom, to study international and comparative law and learn from each other. I wrote about the GLC here at The Savory Tort about a year ago, after a 2022 pilot run and just before we executed the first official program over eight weeks in fall 2024. I used the GLC as a one-credit component of my Comparative Law class, and I will again in the upcoming fall 2025.

© Used with permission
© Used with permission
In presenting on the GLC to our GLS 17 colleagues in Brno on Thursday, we provided a demonstration hypothetical in data protection for attendees to discuss in small groups. I developed the fact pattern initially with Cristina Blasi Casagran, Autonomous University of Barcelona, and we used it in the fall 2024 GLC human rights module to demonstrate divergence in U.S. and EU approaches to privacy.

For GLS 17, I created a video narrative (below) and briefed the audience on the salient doctrine of the respective legal systems (inset below video) (both CC BY-NC-SA 4.0).

RJ Peltz-Steele CC BY-NC-SA 4.0
The GLC is the brainchild of Melanie Reid, Lincoln Memorial Law, who could not join us in Brno, but will lead a discussion of the project later this summer at the annual conference of the Southeastern Association of Law Schools (SEALS).

The GLC faculty team in Brno was led by Rosa Kim, Suffolk Law, and also comprised Katerina Lewinbuk, South Texas College of Law; Balázs Rigó, Eötvös Loránd University (ELTE) (Hungary), and Ewa Rott-Pietrzyk, University of Warsaw (Poland). It was great fun for the five us to be together IRL after so much labor together on Zoom.

I'll have a another report from GLS 17 here at The Savory Tort on Wednesday, June 4.

Thursday, May 22, 2025

Updated 'TORTZ' features latest on Amazon liability, Texas 2-step, DaBaby defamation foes, much more

New 2025 editions of TORTZ: A Study of American Tort Law, volumes 1 and 2 are posted and ready for academic year 2025-26.

Two-volume TORTZ is free to download at SSRN: volume 1 and volume 2.

The books can be purchased in well bound, paperback hardcopy, both volumes for about US$61 plus shipping, from Lulu.com. The price is cost in the United States and just a couple dollars more elsewhere in the world.

Revisions in the 2025 edition include:

Premises Liability

  • Discussion of Varley v. Walther (Mass. App. Ct. 2025) on "open and obvious" dangers in premises liability.

Product Liability

  • Discussion of Amazon's product liability exposure, including the 2025 order of the Consumer Product Safety Commission.
  • Discussion of the Texas two-step, including its rejection In re LTL Mgmt., LLC (3d Cir. 2023), and Sen. Sheldon Whitehouse's (D-R.I.) bill, the Ending Corporate Bankruptcy Abuse Act.

Life and Death

  • Revised explanation and distinction of "wrongful birth," "wrongful life," and "wrongful conception" actions.
  • Discussion of the waning "suicide rule" in the context of the wrongful death suit by the family of Boeing whistleblower John M. Barnett in Stokes v. Boeing (D.S.C. 2025).

Government Immunity

  • Discussion of Justice Clarence Thomas's displeasure with the Feres doctrine, dissenting from denial of certiorari in Carter v. United States (U.S. 2025).
  • Discussion of 17 plaintiff families' victory in the bellwether Pearl Harbor-Hickam AFB water contamination trial, in Feindt v. United States (D. Haw. 2025).

Public Nuisance

  • Note of Trumbull County v. Purdue Pharma (Ohio 2024), according with Okla. v. Johnson & Johnson (Okla. 2021), on opioids and product liability, excerpted in the book.
  • Note of the Virgin Islands public nuisance lawsuit against Coca-Cola and Pepsico over single-use plastics, Commissioner v. Pepsico (V.I. Super. Ct. filed 2025).
  • Note of Oklahoma's dismissal of a public nuisance claim over the Tulsa Race Massacre in Randle v. Tulsa (Okla. 2024).

Media Torts

  • Discussion of the latest developments and Rule 11 sanctions in the battery and defamation litigation between promoters and rapper DaBaby, pending appeal from Carey v. Kirk (S.D. Fla. 2025).
  • Update on impeached South African Judge John Hlophe's vendetta against former High Court colleague Judge Patricia Goliath, who innovated on anti-SLAPP in Mineral Sands Resources Ltd v. Reddell (High Ct. Wn. Cape Feb. 9, 2021) (upheld).
  • Update on the enactment of revenge porn legislation in Massachusetts, the 49th state adopter, and the latest data protection bill in Massachusetts.

'DaBaby' Jonathan Kirk
HOTSPOTATL via Wikimedia CC BY 3.0
Business Torts

  • Discussion of the expansion of civil RICO by the Supreme Court in Medical Marijuana v. Horn (U.S. 2025).

Civil Rights

  • Discussion of the landmark decision in climate change litigation in Europe, VKSS v. Switzerland (Eur. Ct. Hum. Rts. 2024), in contrast with the dismissal of Juliana v. United States (9th Cir. 2024).
  • Note of the plaintiff victory in the Abu Grahib torture case, Al Shamari v. CACI (E.D. Va. 2024).
  • Update on the real-life "Hotel Rwanda" protagonist's lawsuits against Rwanda and GainJet, the former defendant dismissed, Rusesabagina v. Rwanda (D.D.C. 2023), and the latter case, Rusesabagina v. GainJet (W.D. Tex. 2024), now pending appeal.

New Resources

  • References to new audiovisual productions related to tort law and cases, such as "What Happened to Karen Silkwood?" on Impact x Nightline (2024); the latest on table saws from NPR: Planet Money (2024); Nicole Piasecki's "Dear Alice" from This American Life (2024); the documentaries Downfall: The Case Against Boeing (2022), and Youth v Gov (2020) (re Juliana v. United States), both now available on Netflix.
  • References to recently published work on tort law and theory by Ken Abraham & Catherine Sharkey; Andrew Ackley; Christopher Ewell, Oona A. Hathaway, & Ellen Nohle; Dov Fox & Jill Wieber Lens; Kate Falconer, Kit Barker, & Andrew Fell; Jayden Houghton; Michael Law-Smith; Anatoliy Lytvynenko; Michael Pressman; Joseph Ranney; and Sarah Swan.

As in past editions, the coverage includes all of the fundamentals of common law tort, as well as full introductory treatments of  

  • defamation
  • privacy,  
  • interference, and  
  • private and public nuisance

and introductions to  

  • business torts
  • the Federal Tort Claims Act, 
  • 'constitutional tort,' and  
  • worker compensation and alternative compensation systems

Printed in color, Tortz is replete with

  •   'RED BOX'   treatments of fundamental rules to help students prepare for the bar exam, 
  •   'BLUE BOX'   bibliographies of suggested further readings,
  •   'YELLOW BOX'   assignments to online readings and audiovisual materials, and
  •   'GRAY BOX'   state differences for Massachusetts bar candidates, or as demonstrative.

Saturday, May 17, 2025

Commencement speakers envision new beginnings

Commencement at UMass Law yesterday featured a couple of great speeches. And I'm not an easy critic.

Both speakers implicitly recognized the nature of a "commencement" as a new beginning.

Giving the student address, graduate Jack Lovely, now JD, an accomplished alumnus of my Comparative Law class, spoke eloquently to inspire his class on the road, and opportunities, that lie ahead in their professional careers. 

I especially liked Lovely's use of a quote from Jon Stewart: "[T]he unfortunate and truly exciting thing about your life is there is no core curriculum. The entire place is an elective." The quote often is, as here, taken a bit out of context—Stewart was speaking more to how young people mature at university than after—but the extrapolation is fair, and the spirit fits.

Massachusetts Supreme Judicial Court Justice Serge Georges Jr. impressed on graduates that they have the opportunity, and should endeavor, to shape the law, not just use it, and certainly not just reap benefits without giving back. He admonished, "The law is not a monument. It's a living promise."

Justice Georges similarly advised, "Don't confuse having a good life with living a good life." To wit, he memorably urged graduates to distinguish superficial interaction on social media, such as food posts, from human connections that really matter: "No one cares about the calamari."

A few of my now-former students were among award winners, including: brilliant researcher and top Torts students Christopher J. Sanacore, Academic Achievement for Part-Time Student; dedicated Veterans Law Association President Timothy Trocchio, External Legal Education Award (CLEA); and Comparative Law distinguished alumna Naydin Natasha Zepeda, Thurgood Marshall Social Justice Award. My congratulations to them and all of the class of 2025.

Friday, May 16, 2025

Awards recognize law students Girouard, Riley

A moment to celebrate two of my ace former students, Kaitlyn Girouard and Jack Riley, who took home awards from the UMass Law Student Bar Association this spring.

Girouard earned the Excellence in Leadership Award, and Riley won the Outstanding Part-Time Student Award.

Girouard created this chart to help students navigate multiple liabilities.
© Used with permission. Contact RJ Peltz-Steele for licensing.
Girouard just finished out a spectacular year of service as my teaching assistant in Torts I and Torts II. I had to create a new virtual folder to keep track of student accolades for her mentoring. I asked Girouard to serve in this capacity not only because she excelled academically, but because she took a lead as a cheerful supporter of her own class in the first year. On her own initiative, for her study group, she created some terrific visuals to accompany my texts, a welcome complement to the pedagogy and indication of her talent for understanding learning styles.

Girouard is a Public Interest Law Fellow and leader in a range of student activities: president of the Criminal Law Society, president of the First Generation Law Students Association, and secretary of the Environmental Law Club. She came to law school with highest academic honors at Middlebury College, where she graduated summa cum laude in economics and environmental policy and served as an economic statistics tutor and faculty research assistant.

For all the workplaces that would relish having her, public service is on Girouard's heart. Already before law school, she worked summers in her native Concord, Vermont, for the Agency of Natural Resources, Sheriff's Department, and State's Attorney Office. Last summer, she worked a prestigious internship with the Massachusetts Attorney General's Office in New Bedford. She's headed back to Vermont to work in public service again this summer, this time supported by a prestigious Michael S. Dukakis Public Service Internship Award. Next academic year, Girouard will serve as a teaching assistant in Constitutional Law, further deepening her remarkable mastery of American legal fundamentals.

While Girouard was the star of her 1L Torts day section, Riley was the star of his night section, when I taught both in 2023-24. Riley is one of those exceptional people—an elite group that would not have included me—who manage to thrive in the workplace and in law school at the same time, all while maintaining a mentally healthy home life. He is a long-time manager and executive with 15 years' experience in finance, presently working for HarborOne Bank in Massachusetts. Riley is rightly lauded by professional and academic peers for his leadership skills and commitment to community service. In the law school, he also serves as a peer mentor.

There's a lot to complain about teaching in higher ed today, and I am not reticent to voice it. At the same time, even the most frustrated of us keep coming back to the classroom every fall, and no wonder, for the opportunity to meet, to learn from, and to be inspired by people such as Girouard and Riley.

Monday, May 5, 2025

Law students Costa, Osuagwu talk first 100 days

Costa & Osuagwu (WGBH)
Thrilled to see two of my star 1Ls/rising 2Ls, Cameron Costa and BJ Osuagwu, just finishing Torts II, representing and holding their own in this political dialog on WGBH (below from YouTube).

From GBH News: "The Trump administration hit 100 days of its second term marked by economic volatility, aggressive immigration enforcement and tariff talk.  Is the country headed in the right direction? We asked two people who support Trump and two people who don't on Politics IRL."

Costa is an educator and a student of legislative advocacy. Osuagwu is executive director of Healthy Waltham.

Saturday, April 5, 2025

Bar comprises haves, have nots; ABA chooses haves

Yesterday I submitted the following open letter to the leadership of the International Law Section (ILS) of the American Bar Association (ABA). I note that it is not possible for law professors at ABA-accredited schools not to be members of the ABA; the schools pay for group memberships, on top of hefty accreditation fees. At present, the ABA is empowered with government-sanctioned accreditation authority over legal education in the United States.


To the leadership of the International Law Section of the American Bar Association.

$895, the registration fee for academics for the ILS annual, is beyond the pale. I note that I might not have been able to go this year anyway, because of a conflict. But I write because this is a persistent problem. Last year I complained about the fee, which I think was $795. I was told I was heard. Apparently heard and dismissed.

Ten years ago, I registered for the ABA ILS for $295. That's a cumulative inflation rate of 203%. The U.S. 10-year inflation rate generally is about 25%.

The ABA must think that all academics are the same. So let me be plain. My annual salary, after about 30 years in academics and holding the highest academic rank on my public-sector faculty is about $193,000. My budget for professional development is $5,000 this year. It was $5,000 10 years ago. It was $5,000 15 years ago. Every year, working in public service, I must do more with less. As that's impossible, that means dipping deeper into my own pockets, which are not getting deeper fast enough to keep up with the ABA.

The starting salary, with no experience, for a law professor in the Boston market ranges from $185,000 to $213,000. The high end of the law-school teaching scale in the market comes in at about double what I make. (Salary.com.) I don't know what the benefits are, but I bet they've grown faster than mine.

I speak of my own experience here, because that is what I know. But to be fair, I make decent money, relative to the American labor market. I know that and try not to take it for granted. What is more worrisome about ABA's economic exclusion is its impact on both new and practicing lawyers who have committed their labors to public service.

The ABA sends the unequivocal message that persons in public service are not welcome in ILS--that internationalism in law is only for the well off, or worse, that professional association per se, beyond compulsory licensing, is only for the well off. My students graduating in public service careers--NGO registration fees are the same as academic--will be lucky to start out at a third of my pay and might not reach my pay in the course of a career.

Accordingly, I have, for some time, stopped advising students to join ABA. Now I will advise them affirmatively not to waste their time and money. I steadfastly sang the praises of ABA membership for more than 25 years, including 10 years on the TIPS Task Force on Outreach to Law Students. The most important advantage of ABA for me and for new lawyers, I long asserted, was conference programming and networking. I see that the ABA now intends those benefits to be exclusive to big money makers in the private sector.

Yesterday I participated in an ILS committee meeting. You will hear soon from that committee that no one volunteered to move into any leadership role beginning next year. No one includes me.

Sincere farewell,
Rick Peltz-Steele

Sunday, March 23, 2025

Christian law students hear advice on grounding oneself in faith amid stresses of law practice

🍀 St. Patrick's Day Zoom.
RJ Peltz-Steele CC BY-NC-SA 4.0
The newly constituted student Christian Legal Society at UMass Law School held its first event on St. Patrick's Day.

In a hybrid meeting, "Faith and the Legal Field," CLS students in Dartmouth, Mass., and I were joined via Zoom by Anton Sorkin, director of law student ministries at the Christian Legal Society in Springfield, Va.; attorney J.A.A. Purves, Penner & Purves, Santa Barbara, Cal.; and Kathy Cooper, InterVarsity regional director for faculty and graduate ministries, working out of Brown University in Providence, R.I.

The new student organization and this panel in particular were the work product of the tireless Tiffany Trott-McKenna and her executive board, Sophia Chiotis, JuliaBianca Josen, Dream Whitaker, and Paul Steinman. They're all wonderful students whom soon I will miss when they graduate and begin law practice.

A veteran of the U.S. Marines, Trott-McKenna is a phenom I have been especially privileged to know in her time in law school. She serves also as president of the Black Law Students Association and member of the Veterans Law Association, and she will practice law in California after graduation.

Trott-McKenna asked the panelists to share their experiences with faith and law practice, and also asked for takeaways that might be useful as Christian law students transition to practice.

Purves talked about family practice and explained, for example, the distinctly professional role of the lawyer in a divorce case. Both faith and one's professional responsibility call for compassionate and informed counseling of a client seeking divorce, he said—even though marital reconciliation will spell the early end of the representation.

Sorkin spoke to the challenges of practicing in Big Law while maintaining ethical and moral lines, dictated by faith, that one won't cross. Constant vigilance and self-interrogation are required to resist the "win at any cost" mentality that too often dictates legal maneuvering. I'm reminded of Daniel 6:3.

For my part, I spoke of the temptation to bifurcate one's life into faith and secular work, and how I came to understand that no one, lawyers included, truly lives a life of faith while indulging that duplicity.

In takeaways, Cooper spoke to the importance of prayer to keep an even keel. Likewise, I talked about the importance of staying in the Word—while admitting that my track record isn't perfect, as daily struggles inevitably pull us all toward materialism and the secular. The important thing is to try, try again.

Trott-McKenna succeeded magnificently in navigating the bureaucracy to obtain official recognition of the CLS student group at the law school and in the university. I have been blessed to serve as the inaugural faculty adviser for the CLS group.

The group is not yet an official chapter of the national CLS organization. That will be a job for an up and coming new board. I look forward to CLS contributing vitally to the formation of law students' professional identity in the coming years.

Monday, February 17, 2025

Comparative law research reaches prisoner rights; women's rights; tech patents; internet, drug reg

Law Offices of James L. Arrasmith CC BY-NC 4.0
In fall 2024, I had the privilege of teaching Comparative Law for the sixth time.

For my time and energies, the course is the best one to teach, because it offers the best opportunity for a lifelong learner. Law teaching usually requires mastering a broad and deep range of content so that one can guide students capably through it. Not so in Comparative Law, in which the teacher cannot possibly know the substantive content of all of the legal systems of the world. Rather, the course is about arming students with the tools of comparative methodology, and then savoring the opportunity to learn from them, what they find in their own research.

This year was not lacking in the savory. As I have in the past, I am proud and pleased to share a collection of abstracts representing the yeoman work of my students in the fall semester. You will see that the students devised some wonderfully innovative theses. The subject matter that researchers tackled spanned prisoner legal rights, marijuana and gambling regulation, black women's representation in the legal profession, women's rights in Afghanistan and in Dutch sex work, semiconductor patents, and regulation of online misinformation.

Alayna Wageman, Prisoners Are Human Too: A Comparative Analysis of Prisoners' Right to Legal Assistance in Chile and the United States. Both Chile and the United States guarantee, through their constitutions, the right to legal counsel for individuals who cannot afford a lawyer during criminal prosecutions. However, prisoners lack resources to access legal assistance when their basic human rights are violated while incarcerated. This project seeks to show how the extreme traumatization of citizens in the United States from the years of slavery and the extreme traumatization of citizens in Chile from the years of dictatorship continue to impact the treatment of prisoners today. This paper begins with an overview of the history of slavery in the United States, specifically in Massachusetts, and an overview of the history of dictatorship in Chile. Next, the paper will explain the laws that define the right to legal assistance for prisoners in Chile and Massachusetts. Finally, the paper compares two programs designed to improve prisoners' access to legal resources: the Prisoners' Legal Services (PLS) of Massachusetts in the United States and the Penitentiary Defense Program (Programa de Defensa Penal Pública Penitenciaria) in Chile. This analysis demonstrates how the influence of the historical extreme traumatization of societies continues to impact the treatment of prisoners in both countries, with focus on the limitation of access to legal assistance in prisons. The paper concludes by acknowledging the efforts of the PLS and the Penitentiary Defense Program, which are working to further protect the rights of prisoners.

Bryce Mayo, Comparing the Impact of Sports Gambling Advertising: A Legal Exploration of the United States and Australia. The recent legalization of sports gambling has taken the United States by storm, and as a result, an influx of advertising has taken over every commercial break. Sports fans, avid and casual viewers alike, cannot help but notice sportsbooks like BetMGM, FanDuel, and DraftKings attempt to entice an already invested community into raising the stakes of a game or match. These companies use tactics such as celebrity endorsements, sign-up promotions, and "can't lose bets" on your first wager. This paper compares how the United States and Australia have approached the regulation of sports gambling advertising since its legalization in 2018 and 1983, respectively. Although both countries follow the common law system, the legalization of sports gambling came about in drastically different ways. The United States struck down a longstanding congressional act, while Australia codified sports gambling, even making the first sportsbooks state owned and operated. Recently, Australia has issued licenses to private or publicly owned sportsbooks and their advertising regulations have changed as a result; whereas in the United States, private and publicly owned sportsbooks are the primary recipients of licenses, yet the regulations mirror that of Australia in 1983. Legalizing sports gambling in the United States is in its infancy, and growing pains are inevitable. It appears to be the wild west, quite reminiscent of tobacco advertising in years past. The United States can learn from Australia's experience and seek a balance between maintaining a profitable market and minimizing the creation of degenerate gamblers.

Carson Powell, Quality Over Quantity: A Comparative Analysis of Marijuana Quality Control Regulations Between the Netherlands and the United States. This paper compares the law and regulations of the United States and the Netherlands, on the regulations that are used to ensure the quality of marijuana sold legally. First, the paper focus will be on the Dutch marijuana policy, and its past, current and future regulation protecting the quality of the marijuana sold in "coffee shops." Next, the focus will shift to the United States and specifically Colorado regulations when testing the quality of marijuana. The paper views policies implemented to ensure quality and safety within the production, testing, distribution and the sale of cannabis/marijuana products. Finally, the paper compares Netherlands regulations on marijuana quality assurance and with Colorado laws and regulations that establish the safety of state citizens. The paper compares the laws and regulations, how they relate to each other, and the social results. The paper concludes with recommendations based on the comparisons drawn from the two parties, and whether each can become more effective and efficient with its own processes.

Kennia Joseph, A Comparative Analysis of Gender and Racial Equality for Black and Nigerian Women in the Legal Profession. This paper compares the laws in the United States and Nigeria that address gender and racial equality and their effect on black and Nigerian women in the workforce, specifically in the legal profession. One of the key issues in ensuring gender equality in employment lies in enforcing existing laws and policies. The comparison between Title VII of the Civil Rights Act and the overturned affirmative action practices thereunder, Article 11 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the failed Nigerian Gender and Equal Opportunity Bill of 2016 highlight underrepresentation in the legal field. Despite developing systems to support and encourage race and gender equality, black women from different cultures, and political, societal, and economic climates share experiences in the same profession with similar laws, initiatives, and policies.

Nick Saathoff, A Comparison Between Patents on Semiconductors in Germany and the United States. Patent law in Germany and the United States protects those who invent or discover patentable processes. Ideologies between the two countries differ in the field. In the United States, a patent is mainly a monetary protection. In Germany, in addition to monetary protection, there is an honor and prestige associated with inventing. This paper discusses patent law in each country specific to the field of semiconductors. Semiconductors are one of the most technologically significant patentable items in the world today. The paper initially provides an overview of patent law in each country and what role semiconductors play. This paper identifies similarities and differences between patent protections, patent quality, and patent strategies in the United States and Germany. In doing so, the paper discusses key requirements of obtaining a patent. The paper discusses one requirement at a time, discussing the interpretation in the United States and the interpretation in Germany. The paper then notes patent statutes in each country specific to the semiconductor industry. Additionally, the paper will discuss nuances in each country’s patent laws in the semiconductor industry.

Rebecca Stump, A Comparative Look at Sex Work in the United States and the Netherlands. Sex work, historically, has been a controversial occupation for a variety of reasons, including religious beliefs, women’s rights, bodily autonomy, and the extent to which the state should regulate an individual's choices over their own bodies. During this period, sex work has been considered a shameful profession, one which must be criminalized to deter human trafficking or coercion. However, as understanding and advocacy for bodily autonomy and freedom to self, and countries such as the Netherlands reform and change their sex work laws, there are movements for change to law in the United States. The aim is for a discussion, through comparison of the legal systems of Nevada and the Netherlands and the main avenues for reform, partial decriminalization and full decriminalization or legalization, the social and legal implications of legalization of sex work to further investigate reform in the United States. Within research regarding sex work, there are critical biases that must be acknowledged prior to engaging in discussion. First, and foremost, is the moral and ethical considerations of sex work. Sex work is not merely seen as an occupation free from moral implication, but an occupation for which every person may offer their individual consideration as to the ethical value of the work. To engage in substantive discussion, morality must be stripped away. Instead, one must be willing to engage in discussion solely on the legal ability of an individual to make a choice regarding the services they offer using their person, and the role of the state in legislating that decision. To that point, a discussion regarding the legality of sex work is necessarily a discussion of the extent to which the state should regulate labor. There exist various viewpoints as to the question of federalism and the role of the state to regulate. This bias must also be considered.

Sean Pillai, Afghan Women's Human Rights: A Legal Analysis of Constitutional Governance vs. the Taliban Rule. Afghanistan’s history of political turbulence and violent turmoil have repeatedly challenged the legal and social status of women. Afghanistan attempted to rebuild as a democratic nation and included rights to protect women. Under the 2004 constitution, women gained significant legal rights, such as access to education, safety and freedom of movement and employment opportunities, marking a stark contrast to the Taliban's earlier reign (1996-2001). However, the progress made was curtailed with the withdrawal of U.S. forces in 2021 and the Taliban return to power. This analysis will address the shift in legal protections and the impact on societal roles for women contrasting the two eras: the 2004 constitutional government and the Taliban regime 2021 to present. By comparing the legal frameworks and implementation of women's rights in key domains such as women's access to education, safety and freedom of movement, and women's access to employment, this paper seeks to provide an understanding of the impact the two legal systems have on women.

Shiloh Worthington, The Digital Services Act vs. Section 230: The Western Hemisphere's Battle Against Misinformation. The European Union and the United States have both recognized the disparate effects of rampant and unchecked misinformation spreading across the internet. However, each has a distinct approach to combatting this epidemic of troublesome content. The EU battle against misinformation is best exemplified by the recently passed Digital Services Act (DSA), which places the primary responsibility of stopping the spread on the platforms themselves. Meanwhile, in the United States, the struggle to fight misinformation is at odds with the First Amendment rights of the platforms. Section 230 of the Communications Decency Act offers platforms total immunity for their misinformation content-removal practices, no matter how it conflicts with individual freedom of expression. Further conflict arises as the EU's DSA attempts to force American-based platforms with European audiences to comply with its content-removal practices under misinformation-related pretenses, even if doing so would remove American citizens' content otherwise protected by the U.S. Constitution.

Watch for these students on upcoming bar pass lists in a state near you!

Flags from Flagpedia, except Afghanistan Taliban from Wikimedia Commons, all public domain.

Thursday, February 6, 2025

Americans can't find doctors in sick system, but docs whine too loudly on debt, ignore excessive earnings

In the current AARP Bulletin (pay wall, Apple News), New York Dr. Howard Zucker capably explains why Americans are being squeezed by a doctor shortage. But two points of Zucker's explanation too easily let doctors off the hook and require clarification.

I hope tomorrow to meet my primary care physician (PCP) for the first time, after he's nominally served in that role for two years. I've seen five PCPs come and go in as many years, which is really like not having a PCP at all—oddly, as my insurer insists that I must have one. The annual checkup has become biennial at best, and it's not for my lack of trying. At that, with my mediocre employment-based healthcare coverage, I'm more fortunate than many Americans.

Zucker describes the many circumstances converging to deprive Americans of access to healthcare providers. A leading problem is poor planning by the medical profession, embodied by the American Medical Association (AMA), for an increasing and aging population.

Another factor, which is familiar to patients, is the pressure by profit-driven healthcare proprietors, such as CVS, to commodify patient care, superseding the doctor-patient relationship and thoughtful care with the churning cauldron of the billable quarter hour. Workplace conditions for front-line PCPs are not only maddening patients, but driving some healthcare providers, literally, to madness.

Nevertheless, there are two ways in which Zucker goes too easy on doctors, letting them off the hook for responsibility in this mess.

First, Zucker is wrong that a doctor can't get by with medical school debt and a PCP wage.  

He wrote that the average medical student finishes school with $235,000 in debt. Specialties pay some double the wage of primary care. Research posts pay well and don't have insurers dictating terms. So debt-burdened students are disincentivized to enter family practice or to work directly with patients at all. 

Still, Zucker wrote: "Now consider that the average [PCP] in internal medicine, geriatrics, pediatrics or family medicine makes about $250,000 to $275,000 a year. Becoming a PCP just isn't financially feasible for most recent graduates."  Just for the record, that's more than I've ever made at any job, and I've had a law degree for 28 years.

Not financially preferable I can see.  Not financially feasible is plain wrong.

For comparison, the average indebtedness of a U.S. law school graduate is $130,000, according to the Education Data Initiative. For the law school where I work, it's about the same, $125,405, U.S. News reported. The median law graduate salary is $89,250, according to U.S. News. My school's is about $68,000, according to LSD.Law. Ballpark monthly repayment, using, for these gross purposes, a 4.5% rate and 10-year term, means a monthly payment of $1,347, according to the SmartAsset student loan calculator.

To be sure, that's too much debt to make law school an appealing option. The Consumer Finance Protection Bureau recommends limiting borrowing to hold monthly payments at 10% of gross income. Those median salaries yield a monthly gross of $7,438 or $5,667, respectively, so a monthly payment at 18.1% or 23.8%. 

But it is possible, depending on one's needs. An annual $89,250 or $68,000 should yield a monthly take-home of about $5,600 or $4,400, according to the SmartAsset paycheck calculator. On the one hand, the average American household requires $6,440 per month, according to multiple sources. On the other hand, a single adult with no children can get by on $3,439 in the Massachusetts county where my school is located, according to the MIT living wage calculator. The overall average American individual is bringing home only about $4,000 monthly, using Bureau of Labor Statistics (BLS) data, so one salary isn't meeting household expenses in any event.

Accordingly, using the same metrics, the medical graduate's monthly debt payment would be $2,434. The PCP monthly take-home at the low end would be about $14,200, on $20,833 gross. That's a payment to gross ratio of only 11.7%, with $11,766 to spare for monthly household expenses. Even at a student loan rate of 9%, the monthly payment hits only 14.3% of gross, still sparing more than $11,000 to meet expenses. (A first-year medical resident starts at only about $55,000 annually, U.S. average, but lean residency years are the quirky if objectionable norm in the profession regardless of later specialization.)

Once debt is paid off, doctor's circumstances become downright luxurious. BLS estimates the median American's lifetime earnings at $1.7m, a lawyer's at $2.3m, and a doctor's at $7.5m. 

So it is feasible to invest in medical school—even potentially lucrative—and even still to be a PCP for a few years.

Second, Zucker fails to recognize the economic protectionism of the medical profession and bloat in the salaries of U.S. doctors—even PCPs.

Zucker did fault the AMA for choking medical school admissions in the 1980s. But Zucker blamed the AMA only for bad math. The truth is more sinister.

The AMA doesn't control medical school admissions directly, but it does lobby hard for legislators to limit the number of medical schools and to limit subsidies for residencies, thus effectively controlling supply in the market. This isn't about the quality of medical training, but about economic protectionism. The AMA, that is, its members, doctors, don't want to see salaries go any lower than those dizzying quarter-million-dollar heights.

(Read more in Derek Thompson, Why America Has So Few Doctors, The Atlantic (Feb. 14, 2022).)

That's what's happened in law as antitrust rumblings have compelled the American Bar Association and state bars to let up on the gas in their economically protectionist motives over the last four or five decades. The market in legal education has become more competitive—even problematically so, from a quality standpoint, it must be admitted—and salaries have fallen.

At the same time, persistently burdensome accreditation gateways in education and strict state licensing requirements in the practice have maintained such a chokehold on the student-to-bar pipeline that the lower paid lawyers who result cannot afford to meet the market demand for legal services for ordinary people, in contrast with corporate clients.

So law is not a model to follow, to be sure. At the same time, one doctor in America does not need to take home an excess of nearly double what's required to keep up an American household, nor to make more than four times the median American lifetime wage. European doctors are paid only half as much as U.S. doctors. In fact, there's a huge gap between U.S. doctors, at an average annual gross of $352,000, and doctors anywhere else in the world—ranging from an average $19,000 in Mexico to $273,000 in Canada, according to news outlet Medscape.

Zucker didn't mention the bloat in salaries of U.S. doctors in the AARP Bulletin. Incidentally, when Dr. Zucker was New York health commissioner, earning $210,000 annually on the public payroll, he took some heat for failing to disclose a side-gig income of $75,000 annually from a health research firm, e.g., the Times Union reported.

Our healthcare system is badly broken.  Like our legal services.  Like our bridges.  The list goes on.  What I fear is missing from the solution is the willingness of Americans in the highest income brackets to bear any sense of civic responsibility. In this regard, the medical profession is not exempt.