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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 5:02 pm 

Joined: Sun Feb 08, 2009 11:23 pm
Archived Posts: 1193
thisguy456 wrote:
reasonable_man wrote:
Really? +1 to that.. lighten up a little.. Its funny.


I wasn't affended by your post, I just thought the response was funnier.

You might want to lighten up a little about promoting your own comedy. If you have to say "it's funny," it probably isn't.



it isn't his comedy, the comedy was written for him!


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 5:05 pm 

Joined: Thu Feb 12, 2009 5:41 pm
Archived Posts: 1734
thisguy456 wrote:
reasonable_man wrote:
Really? +1 to that.. lighten up a little.. Its funny.


I wasn't affended by your post, I just thought the response was funnier.

You might want to lighten up a little about promoting your own comedy. If you have to say "it's funny," it probably isn't.



Gee wiz.. I'll keep that in mind. thanks.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 5:48 pm 

Joined: Wed Dec 31, 2008 2:45 pm
Archived Posts: 1038
NESL isn't that bad.

There is always the SOUTHERN New England School of Law!

http://www.snesl.edu/

For those that just couldn't cut it at NESL.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 5:51 pm 

Joined: Sun Feb 08, 2009 11:23 pm
Archived Posts: 1193
Peter0061 wrote:
NESL isn't that bad.

There is always the SOUTHERN New England School of Law!

http://www.snesl.edu/

For those that just couldn't cut it at NESL.



lol.

there is a typo in the Dean's Message. I only read the first part, so there might be more:



Dean’s Message

Thank you for expressing an interest in attending Southern New England School of Law. Until recently our law school has been one of the best-kep secrets in New England. We are a small, young, independent, not for profit law school and we are rapidly increasing in stature and visibility.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 5:52 pm 

Joined: Thu Feb 12, 2009 5:41 pm
Archived Posts: 1734
Peter0061 wrote:
NESL isn't that bad.

There is always the SOUTHERN New England School of Law!

http://www.snesl.edu/

For those that just couldn't cut it at NESL.


SNESL isn't ABA approved.. Making fun of that place is like punching a retard. Its just not cool ;)


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 5:55 pm 

Joined: Mon Apr 07, 2008 11:50 am
Archived Posts: 3412
There are students with brain damage in law schools much higher ranked than NELS...


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 6:04 pm 

Joined: Tue Jan 13, 2009 4:22 pm
Archived Posts: 5262
belligerentfuture wrote:
Drake014 wrote:
reasonable_man wrote:
http://abovethelaw.com/2009/05/brain-damaged_law_student_sues.php?show=comments#comments

New England School of Law, Boston is being sued by a former student... The student was admitted and subsequently learned that he was suffering from brain defects secondary to an accident occuring in the 1980s. The school dismissed this average NESL-Boston student after he failed two classes.

What do you guys think is better? The fact that this guy with brain damage found an ambulance chaser to bring this absurd lawsuit OR the fact that NESL-Boston is such a toilettt that it admits students with brain damage and mental impairment?


I'm interested as to the basis of his lawsuit. If someone can argue that a standard being set for a certain position, is unnecessary for that position, I can see merit. This doesn't appear to be the case unless he can prove that the classes he failed don't provide information that would increase his chances of being a good lawyer. In doing that, he'd probably also need to show that his cognitive impairment won't impair his ability to be a lawyer.

Good luck with that.


Much as it is more amusing to poke fun at the vague generalizations of this story, here's some boring legal reality....

Actually, no, he does not need to prove that. Read up on the ADA...brain damage = unrecognized disability, disability = accommodations unless it is a critical/intrinsic skill to the profession (i.e. you can't have someone else look at x-rays for you if you're blind and want to be a radiologist; you can't have someone else listen for you if you want to be a deaf psychiatrist...most of the 'critical skill' limitations have come in medical professions-related cases).

So, all he has to prove is that he should be allowed to retake the classes with accommodation, and if he passes, problem solved. His case is that NESL dismissed him instead of allowing him reasonable accommodation and the opportunity to repeat with that accommodation in place. The merit of the case all depends on what his disability is exactly.


"If someone can argue that a standard being set for a certain position, is unnecessary for that position, I can see merit." I was talking about me personally seeing merit, therefore whatever I say about my own preferences, are probably correct. :mrgreen:

I do appreciate you chiming in though, even if it was just a humorous thread.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 6:04 pm 

Joined: Mon May 04, 2009 2:08 pm
Archived Posts: 325
reasonable_man wrote:
SNESL isn't ABA approved.. Making fun of that place is like punching a retard. Its just not cool ;)

Haha. I remember reading about some stupid kid who sued SNESL on some absurd promissory estoppel ground because the school had preliminary accreditation or whatever and said they expected full accreditation within a couple years. This kid was so dumb that even though he tried transferring to some toilet T3 schools, he got rejected from every one of them, so he was stuck with SNESL. The ABA rejected their accreditation and so he sued SNESL upon graduation, even though he had no other place he got into. Of course, he paid full tuition, for an unaccredited degree.

Needless to say, he lost on summary judgment. He wasn't the best legal mind. I wonder if he was represented by an NESL alum?


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 6:08 pm 

Joined: Tue Jan 13, 2009 4:22 pm
Archived Posts: 5262
radiotank wrote:
reasonable_man wrote:
SNESL isn't ABA approved.. Making fun of that place is like punching a retard. Its just not cool ;)

Haha. I remember reading about some stupid kid who sued SNESL on some absurd promissory estoppel ground because the school had preliminary accreditation or whatever and said they expected full accreditation within a couple years. This kid was so dumb that even though he tried transferring to some toilet T3 schools, he got rejected from every one of them, so he was stuck with SNESL. The ABA rejected their accreditation and so he sued SNESL upon graduation, even though he had no other place he got into. Of course, he paid full tuition, for an unaccredited degree.

Needless to say, he lost on summary judgment. He wasn't the best legal mind. I wonder if he was represented by an NESL alum?


Correct me if I'm wrong (as if I even need to ask that on TLS) but can't he still practice in that state if he passes the bar?


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 6:12 pm 

Joined: Mon May 04, 2009 2:08 pm
Archived Posts: 325
Drake014 wrote:
Correct me if I'm wrong (as if I even need to ask that on TLS) but can't he still practice in that state if he passes the bar?

This is correct. But I think by "practice" you mean he'll do pro bono work, exclusively.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 6:16 pm 

Joined: Tue Jan 13, 2009 4:22 pm
Archived Posts: 5262
radiotank wrote:
Drake014 wrote:
Correct me if I'm wrong (as if I even need to ask that on TLS) but can't he still practice in that state if he passes the bar?

This is correct. But I think by "practice" you mean he'll do pro bono work, exclusively.


Perhaps he would, but ironically, the disabled guy's disability might actually help him find work if he made it to being an actual lawyer.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 6:25 pm 

Joined: Sat Oct 04, 2008 9:07 pm
Archived Posts: 3203
Blindmelon wrote:
LawandOrder wrote:
Also, why is this in Choosing a Law School?


To preempt the inevitable topic, "I have brain damage, what schools can I get into?"

So far....

NESL (in w/$)



Funniest post I've read on here in a long time.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 6:56 pm 

Joined: Wed Dec 31, 2008 2:45 pm
Archived Posts: 1038
radiotank wrote:
Drake014 wrote:
Correct me if I'm wrong (as if I even need to ask that on TLS) but can't he still practice in that state if he passes the bar?

This is correct. But I think by "practice" you mean he'll do pro bono work, exclusively.


Not entirely true..

http://www.falmouthlawyer.com/
http://www.martindale.com/Todd-McGrath/670537-lawyer.htm

Seyfarth is biglaw, way to bring up SNESL's statistics Todd, even if it is as a staff attorney.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 8:33 pm 

Joined: Sun May 06, 2007 2:52 pm
Archived Posts: 802
Belili wrote:
Brain damage does not equal stupidity.

For example, one person may have damaged his brain to such an extent that the empathy center of his brain completely shuts down, allowing him to find humor in people with disabilities.


Yeah, sure. We get that. Thing of it is, though:

"Seva Brodsky, was expelled after failing two courses in the spring of 2005, and later learned from medical testing that his "memory and organizational deficits" likely stemmed from an accident in the early 1980s"
http://abovethelaw.com/2009/05/brain-da ... t_sues.php

Memory and organizational deficits?!?!?! Which profession is he trying to join again? Do you know how many bar disciplinary actions may be reduced to memory and organization deficits? Most of them, actually. Competence (in that he did not have the requisite legal knowledge to handle the case- ABA model rule 1.1), diligence (in that he failed to act with promptness and diligence to the client’s needs- ABA model rule 1.3) and communication (in that he failed to keep the client reasonably informed about the statues of the matter- ABA model rule 1.4) are the three most common infractions by lawyers (Leslie Levin, The Ethical World of Solo and Small Law Firm Practitioners, 41 Hous. L. Rev. 309, 313 (2004)). Organizational and memory problems will make you a BAD LAWYER.

Nevermind that I seriously doubt he had a decent GPA or LSAT.

Stories like this one are the reason we need to reduce the number of law schools out there.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 8:42 pm 

Joined: Tue Jan 13, 2009 4:22 pm
Archived Posts: 5262
Voyager wrote:
Belili wrote:
Brain damage does not equal stupidity.

For example, one person may have damaged his brain to such an extent that the empathy center of his brain completely shuts down, allowing him to find humor in people with disabilities.


Yeah, sure. We get that. Thing of it is, though:

"Seva Brodsky, was expelled after failing two courses in the spring of 2005, and later learned from medical testing that his "memory and organizational deficits" likely stemmed from an accident in the early 1980s"
http://abovethelaw.com/2009/05/brain-da ... t_sues.php

Memory and organizational deficits?!?!?! Which profession is he trying to join again? Do you know how many bar disciplinary actions may be reduced to memory and organization deficits? Most of them, actually. Competence (in that he did not have the requisite legal knowledge to handle the case- ABA model rule 1.1), diligence (in that he failed to act with promptness and diligence to the client’s needs- ABA model rule 1.3) and communication (in that he failed to keep the client reasonably informed about the statues of the matter- ABA model rule 1.4) are the three most common infractions by lawyers (Leslie Levin, The Ethical World of Solo and Small Law Firm Practitioners, 41 Hous. L. Rev. 309, 313 (2004)). Organizational and memory problems will make you a BAD LAWYER.

Nevermind that I seriously doubt he had a decent GPA or LSAT.

Stories like this one are the reason we need to reduce the number of law schools out there.


What about this story supports that?


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Wed May 20, 2009 8:50 pm 

Joined: Sun May 06, 2007 2:52 pm
Archived Posts: 802
Drake014 wrote:
Voyager wrote:
Belili wrote:
Brain damage does not equal stupidity.

For example, one person may have damaged his brain to such an extent that the empathy center of his brain completely shuts down, allowing him to find humor in people with disabilities.


Yeah, sure. We get that. Thing of it is, though:

"Seva Brodsky, was expelled after failing two courses in the spring of 2005, and later learned from medical testing that his "memory and organizational deficits" likely stemmed from an accident in the early 1980s"
http://abovethelaw.com/2009/05/brain-da ... t_sues.php

Memory and organizational deficits?!?!?! Which profession is he trying to join again? Do you know how many bar disciplinary actions may be reduced to memory and organization deficits? Most of them, actually. Competence (in that he did not have the requisite legal knowledge to handle the case- ABA model rule 1.1), diligence (in that he failed to act with promptness and diligence to the client’s needs- ABA model rule 1.3) and communication (in that he failed to keep the client reasonably informed about the statues of the matter- ABA model rule 1.4) are the three most common infractions by lawyers (Leslie Levin, The Ethical World of Solo and Small Law Firm Practitioners, 41 Hous. L. Rev. 309, 313 (2004)). Organizational and memory problems will make you a BAD LAWYER.

Nevermind that I seriously doubt he had a decent GPA or LSAT.

Stories like this one are the reason we need to reduce the number of law schools out there.


What about this story supports that?


ahahahhaha. Seriously? We are at the point where there are so many shitty law schools that someone suffering from a sort of brain damage that significantly impedes critical skills needed for the job can still get in.

It'd be like if we had so many NFL teams that people with multiple sclerosis could get picked up.

Nevermind the fact that the guy obviously has a disability which necessarily prevents him from passing law school. In effect, that junky little school ripped him off for 1 year's tuition. He was never going to succeed and they should have known that based on what were probably AWFUL entrance numbers. I'm on his side here. I just wish there were a way for him to sue to recover his money. But there isn't...

AND to make matters worse, even if he HAD managed to graduate he'd be in a rough financial situation. The full time tuition is $38,500!!!!! Throw in housing and he could be graduating with $150,000 in debt. IF he gets a job after graduation, he will be lucky to earn $50k/year. I concede that the top 5 students or so (that is top 5 students, NOT top 5% of the class) probably have a shot at decent money. But this guy was clearly never going to be part of that group.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Thu May 21, 2009 9:20 am 

Joined: Thu Feb 12, 2009 5:41 pm
Archived Posts: 1734
Voyager wrote:
Drake014 wrote:
Voyager wrote:
Belili wrote:
Brain damage does not equal stupidity.

For example, one person may have damaged his brain to such an extent that the empathy center of his brain completely shuts down, allowing him to find humor in people with disabilities.


Yeah, sure. We get that. Thing of it is, though:

"Seva Brodsky, was expelled after failing two courses in the spring of 2005, and later learned from medical testing that his "memory and organizational deficits" likely stemmed from an accident in the early 1980s"
http://abovethelaw.com/2009/05/brain-da ... t_sues.php

Memory and organizational deficits?!?!?! Which profession is he trying to join again? Do you know how many bar disciplinary actions may be reduced to memory and organization deficits? Most of them, actually. Competence (in that he did not have the requisite legal knowledge to handle the case- ABA model rule 1.1), diligence (in that he failed to act with promptness and diligence to the client’s needs- ABA model rule 1.3) and communication (in that he failed to keep the client reasonably informed about the statues of the matter- ABA model rule 1.4) are the three most common infractions by lawyers (Leslie Levin, The Ethical World of Solo and Small Law Firm Practitioners, 41 Hous. L. Rev. 309, 313 (2004)). Organizational and memory problems will make you a BAD LAWYER.

Nevermind that I seriously doubt he had a decent GPA or LSAT.

Stories like this one are the reason we need to reduce the number of law schools out there.


What about this story supports that?


ahahahhaha. Seriously? We are at the point where there are so many shitty law schools that someone suffering from a sort of brain damage that significantly impedes critical skills needed for the job can still get in.

It'd be like if we had so many NFL teams that people with multiple sclerosis could get picked up.

Nevermind the fact that the guy obviously has a disability which necessarily prevents him from passing law school. In effect, that junky little school ripped him off for 1 year's tuition. He was never going to succeed and they should have known that based on what were probably AWFUL entrance numbers. I'm on his side here. I just wish there were a way for him to sue to recover his money. But there isn't...

AND to make matters worse, even if he HAD managed to graduate he'd be in a rough financial situation. The full time tuition is $38,500!!!!! Throw in housing and he could be graduating with $150,000 in debt. IF he gets a job after graduation, he will be lucky to earn $50k/year. I concede that the top 5 students or so (that is top 5 students, NOT top 5% of the class) probably have a shot at decent money. But this guy was clearly never going to be part of that group.


I agree 100% on all points.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Thu May 21, 2009 12:31 pm 

Joined: Wed Dec 31, 2008 2:45 pm
Archived Posts: 1038
Yeah, sure. We get that. Thing of it is, though:

"Seva Brodsky, was expelled after failing two courses in the spring of 2005, and later learned from medical testing that his "memory and organizational deficits" likely stemmed from an accident in the early 1980s"
http://abovethelaw.com/2009/05/brain-da ... t_sues.php

Memory and organizational deficits?!?!?! Which profession is he trying to join again? Do you know how many bar disciplinary actions may be reduced to memory and organization deficits? Most of them, actually. Competence (in that he did not have the requisite legal knowledge to handle the case- ABA model rule 1.1), diligence (in that he failed to act with promptness and diligence to the client’s needs- ABA model rule 1.3) and communication (in that he failed to keep the client reasonably informed about the statues of the matter- ABA model rule 1.4) are the three most common infractions by lawyers (Leslie Levin, The Ethical World of Solo and Small Law Firm Practitioners, 41 Hous. L. Rev. 309, 313 (2004)). Organizational and memory problems will make you a BAD LAWYER.

Nevermind that I seriously doubt he had a decent GPA or LSAT.

Stories like this one are the reason we need to reduce the number of law schools out there.[/quote]

What about this story supports that?[/quote]

ahahahhaha. Seriously? We are at the point where there are so many shitty law schools that someone suffering from a sort of brain damage that significantly impedes critical skills needed for the job can still get in.

It'd be like if we had so many NFL teams that people with multiple sclerosis could get picked up.

Nevermind the fact that the guy obviously has a disability which necessarily prevents him from passing law school. In effect, that junky little school ripped him off for 1 year's tuition. He was never going to succeed and they should have known that based on what were probably AWFUL entrance numbers. I'm on his side here. I just wish there were a way for him to sue to recover his money. But there isn't...

AND to make matters worse, even if he HAD managed to graduate he'd be in a rough financial situation. The full time tuition is $38,500!!!!! Throw in housing and he could be graduating with $150,000 in debt. IF he gets a job after graduation, he will be lucky to earn $50k/year. I concede that the top 5 students or so (that is top 5 students, NOT top 5% of the class) probably have a shot at decent money. But this guy was clearly never going to be part of that group.[/quote]

I agree 100% on all points.[/quote]

I agree 100% with your agreement. If Suffolk grads are getting killed ITE, and they are, then it is a bloodbath for NESL.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Thu May 21, 2009 12:48 pm 

Joined: Tue Aug 26, 2008 1:43 pm
Archived Posts: 100
Aren't the questions really whether (1) he disclosed his disability to the school; (2) whether he was reasonably accomodated; and (3) whether he failed those classes with the accomodations? If he didn't "discover" his disabiltiy until after he had failed, then this isn't an ADA claim and it's hard to imagine any other cause of action that could be sustained. It would be interesting to know how the plaintiff performed on the LSAT, SATs and undergraduate work, and whether there were any indications or prior claims that the plaintiff was impaired. It would also be interesting to know how the plaintiff performed in the other 2 or 3 classes that he did not fail.

We can't assume that he'd be in a bad place financially upon graduation. For ex., he may have lots of money from the accident and the tuition money was affordable to him. Not everyone is poor (like me). He might, however, have a hard time proving damages even if he found a cause of action based on assumptions that he would have performed better as a marginal law student, graduated, passed the bar, and found a job practicing law. Economists would have a field day with this scenario. Did he bring the suit pro se, or did this individual find someone to bring it on his behalf? Suing a law school just seems like an uphill battle even if you had a better case.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Thu May 21, 2009 12:58 pm 

Joined: Thu Feb 12, 2009 5:41 pm
Archived Posts: 1734
Well... He did get into NESL | BOSTON, so how bad could his numbers have been??

143 LSAT
2.43 UGPA
880 SAT Combined

Probably had a "Killer" PS and some real strong softs though.


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 Post subject: Re: New England Law Boston dismisses brain damaged student...
PostPosted: Thu May 21, 2009 4:59 pm 

Joined: Sat Feb 21, 2009 5:58 pm
Archived Posts: 363
Drake014 wrote:
Blindmelon wrote:
LawandOrder wrote:
Also, why is this in Choosing a Law School?


To preempt the inevitable topic, "I have brain damage, what schools can I get into?"

So far....

NESL (in w/$)


How many brain damaged people are trying to be lawyers? You know, now that I write that down, it doesn't seem as far fetched...


I've had 3 concussions. Does that count?


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