Logical Reasonings / 10.19.17

A. Bad news future California lawyers: the California state bar exam’s cut score will not be lowered, at least for now. ABA Journal

B. Good news current Ezekiel Elliott fantasy owners (but bad news for those who would wish those accused of serious sexual assault face some punishment): a Texas judge issued a stay on Cowboys’ running back’s 6-game suspension, allowing him to play this weekend. Dallas News

C. Speaking of that, a case for why the Supreme Court’s Faragher-Ellerth theory of employer liability for sexual harassment has allowed workplace harassment to proceed with minimal checks for decades. Slate

D. The Trump administration prevented an imprisoned, 15-week pregnant teen’s access to an abortion facility. A federal judge told the administration it can’t do that. Now the whole case is being fast tracked through the appeals process, since there’s, you know, a deadline here. Buzzfeed News

E. Finally, who else but attorneys would be fresh on the hunt for evidence that electric company PG&E are to blame for the Northern California wildfires. Bloomberg

Logical Reasonings / 10.18.17

A. Tonight 11:59 pm ET is the deadline for regular registration for the December LSAT. So make sure to sign up, unless you have $100 you want to waste by signing up for the late registration next week. LSAC

B. Although the Supreme Court punted when asked to weigh in on Trump’s revised travel ban, two federal judges in Hawaii and Maryland have banned the ban yet again. Washington Post

C. Like Oregon, Nevada lowered the “cut score” for its bar examination, which was a great boon to Nevada law students and law schools. Las Vegas Review-Journal

D. Although it’s not an argument our contributing writer buys, here’s a case for why Trump’s pressure on the NFL owners brings the First Amendment into Colin Kaepernick’s case against the NFL. ABA Journal

E. A new poll shows that 46% of Americans believe that the media makes up stories about Trump and only 51% believe that the federal government should not have the power to revoke broadcasting licenses to news organizations accused of making up stories. So much for the First Amendment. Politico

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Colin Kaepernick’s Case Against the NFL

I’m a big San Francisco 49ers fan. I suffered through the 2000s, enjoyed three years of playoff football, and watched as the team crashed harder than any other franchise in recent history. Paralleling that crash was Colin Kaepernick’s career trajectory. Kaepernick went from starting in a Super Bowl to out of a job within a few years.

Logical Reasonings / 10.17.17

A. Another T14 law school announced it will accept the GRE today. Columbia Law School will begin to accept the exam in fall 2018. Columbia Law

B. One school that doesn’t need more applicants? Arizona Summit Law, which was on probation before its most class had an abysmal 26% bar passage rate. Arizona Central

C. Arizona Summit may see the same fate as the shuttered Charlotte School of Law. But now Charlotte only has to face one lawsuit from its former students, albeit one with a ton of students. ABA Journal

D. In the federal government, Trump’s executive orders gutting the Affordable Care Act may be illegal under the take care clause of the Constitution. Then again, that clause has never been used to take legal action against a president and also nothing matters anymore. Vox

E. Well, at least the NBA is back tonight! With a great slate of games that the league more or less fell ass backwards into. Washington Post

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Watch out for comparative statements … it’s better than the alternative

I’m taller than the average Olympic gymnast. Does that make me tall? Likewise I’m shorter than the average NBA center. Does that make me short? The answer to both questions, of course, is no. “Taller” and “shorter” are comparative statements. They say something about my height compared to certain others, but only by comparison. “Tall” and “short” are absolute statements.

Comparative statements do not prove absolute statements. Absolute statements do not prove comparative statements. The LSAT tests the distinction between them quite often, in a few ways.