Prominent Jurist Tells Law Schools And Gunners To Stop Freaking Out About Pass/Fail Options

Someone just needed to come right out and say it.

There are still law schools out there insisting on going forward with grading as if there’s anything normal about this situation and we’ve heard from some overly nervous students afraid that a blanket pass/fail option will undermine their precious GPAs.

So we needed someone to inject some perspective and Justice Brett Busby of the Texas Supreme Court was up to the task.

Yes. Obviously. It’s a damning indictment of the profession that anyone out there might think otherwise. Or, probably more accurately, the damning indictment is that attorneys have such a dim view of humanity that they assume there must be people who will be tossing Columbia résumés in the trash because they have pass/fail marks for the semester when American society broke.

More judges and firms need to follow Justice Busby’s lead and make clear, unequivocal statements on this. It probably still won’t get Chicago to embrace reality, but you can’t win them all.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

SEC Gives Investors Another Thing To Wonder And Worry About

Morning Docket: 03.30.20

* New York Sports Clubs has been hit with a class-action lawsuit for charging membership fees while its gyms are shuttered because of COVID-19. Seems like most people would just be happy to have an excuse not to go to the gym… [Gothamist]

* A Brooklyn lawyer is suing New York Governor Andrew Cuomo over orders meant to curtail the spread of COVID-19. [New York Post]

* DACA beneficiaries have sent a letter to the Supreme Court imploring the justices to consider how around 27,000 DACA beneficiaries are healthcare workers that are needed to fight the ongoing COVID-19 pandemic. [CNN]

* The NRA has filed a lawsuit against the governor of California over gun store restrictions during the COVID-19 pandemic. [Fox News]

* The lawyer at the center of an early cluster of COVID-19 cases in New York has been released from the hospital. [NBC News]

* The University of Arizona is facing a class-action lawsuit seeking refunds to students who have been forced into remote learning because of COVID-19. Guess if these students wanted to take online courses, they could have enrolled at the University of Phoenix… [Arizona Daily Star]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Health workers are the frontline soldiers against COVID-19 – The Zimbabwean

The COVID-19 or the new Corona Virus is different. In this virus we have an enemy which is invisible and sometimes deadly, and the task is harder.

About a century ago the Spanish flu pandemic killed an estimated 50 million people, more than the combined total casualties of World Wars I and II. Our understanding of disease transmission and treatments is far ahead of our position in 1918, but this new coronavirus has shown the limits of our ability to deal with major disease outbreaks.

Advice to protect ourselves is clear: wash your hands well and often, self-isolate if you feel unwell, maintain social distance by avoiding crowded and public spaces and, if your symptoms worsen, contact medical services. Only by following this advice rigorously can we hope to stem the tide of new infections.

For now, however, the virus is spreading and, on the frontline between a nervous public and those responsible for directing national responses, the healthcare workers on whom we all depend can easily be forgotten.

During the Ebola outbreak six years ago, the World Health Organisation estimated that health workers were between 21 and 32 times more likely to be infected with Ebola than people in the general adult population. In West Africa more than 350 health care workers died while battling Ebola.

Doctors, nurses, carers and paramedics around the world are facing an unprecedented workload in overstretched health facilities, and with no end in sight. They are working in stressful and frightening work environments, not just because the virus is little understood, but because in most settings they are under-protected, overworked and themselves vulnerable to infection.

The risk to doctors, nurses and others on the front lines has become plain: Italy has seen at least 18 doctors with coronavirus die. Spain reported that more than 3,900 health care workers have become infected,

We need a whole-of-society resolve that we will not let our frontline soldiers become patients. We must do everything to support health workers who, despite their own well-founded fears, are stepping directly into COVID-19’s path to aid the afflicted and help halt the virus’s spread.

In sub-Saharan Africa as elsewhere, pressure on the healthcare workforce will intensify in the coming months. A recent survey of National Nurses United (NNU) members in the US, revealed that only 30% believed their healthcare organization had sufficient inventory of personal protective equipment (PPE) for responding to a surge event. In some parts of France and Italy, hospitals have run out of masks, forcing doctors to examine and treat coronavirus patients without adequate protection.

The situation in poorer countries will be worse. Demand has far outstripped supplies. In Kenya to enable health workers to do their jobs safely we will dedicate resources to providing gowns, gloves, and medical grade face masks, and also arm them with the latest knowledge and information on the virus. As partners the Government of Kenya, the United Nations and the international community are determined to explore every avenue to ensure all the possible support for the health workers.

Evidence indicates that coronavirus can survive on some hard surfaces for up to three days, but it is also easily killed by simple disinfectants. Health workers need the back-up of ancillary staff to increase the frequency and rigour of cleaning light switches, countertops, handrails, elevator buttons and doorknobs. Such measures can give much-needed reassurance to stressed care givers and protect the public too.

Like soldiers, health workers also face considerable mental stress. It is often forgotten that as humans, they feel the sorrow of loss when their patients succumb to the virus. They too have families, and so will also naturally be fearful that the virus might reach those they love most.

Whenever possible we will ensure that healthcare workers have access to counselling services so they can recharge before moving on again, given that this could be a long, drawn out battle.

We need to also use accurate information as a means of defence. Misinformation can cause public panic, suspicion and unrest; it can disrupt the availability of food and vital supplies and divert resources – such as face masks – away from health workers and other frontline workers whose need is greatest.

COVID-19 will not be the last dangerous microbe we see. The heroism, dedication and selflessness of medical staff allow the rest of us a degree of reassurance that we will overcome this virus.

We must give these health workers all the support they need to do their jobs, be safe and stay alive. We will need them when the next pandemic strikes.

Mr. Mutahi Kagwe is the Cabinet Secretary for Health in Kenya and Siddharth Chatterjee is the United Nations Resident Coordinator to Kenya

For more information on COVID-19, visit www.un.org/coronavirus

 

Post published in: Featured

Surviving COVID-19 in a fragile state: why social resilience is essential – The Zimbabwean

The article below appeared on African Arguments’ Debating Ideas blog last Friday. As of 29 March there were 7 cases, and no further deaths. But there is little doubt that the impending situation in Zimbabwe is serious, and the government is unable to respond. The tragic death of Zororo Makamba was an early warning of what may be in store. While support from corporate philanthropists, such as Jack Ma and Strive Masiyiwa, is welcome, everyone needs to take action.  So don’t just read the blog, please do donate to the Citizens’ Initiative organised by Freeman Chari and others. It’s a legit outfit and gets money where it’s needed.

Surviving COVID-19: Fragility, Resilience and Inequality in Zimbabwe

Ian Scoones

Zimbabwe had three confirmed cases and one recorded death of COVID-19 (coronavirus) as of 26 March, and a national disaster has been declared. So far suspected cases have been limited, but once the virus spreads through the population, it could be devastating.

In thinking about COVID-19 in Zimbabwe, and in Africa more broadly, three dimensions are important – fragility, resilience and inequality. It may be that obvious fragilities are counteracted to some extent by capacities to adapt and be resilient, but this depends on who you are and where you live.

Fragility

The conditions for rapid spread of COVID-19, certainly in townships in urban centres, are all there – crowded housing, poor sanitation, lack of water, immune-compromised populations due to HIV and lack of services. For pandemic preparedness planners, this is a recipe for a major disaster.

As people get sick, the ability of the health services to respond is seriously limited. The one infectious disease hospital (Wilkins in Harare) has limited capacity, and apparently no intensive-care ventilation facilities. There are supposedly only 16 ventilator machines in the country.

The medical profession is disillusioned and under-paid, and has recently been on a long strike, unheard of among committed doctors. Yesterday, nurses and some doctors walked out complaining of a lack of basic protective equipment. Many well-qualified doctors have left the country; even Cuban doctors, who have come to Zimbabwe’s aid in the past, may be fewer this time.

State neglect of the health service has been long-running, ever since the imposition of structural adjustment policies from 1991. In the past years it has got worse, and the public system has nearly collapsed. Private providers offer good services to the rich who can pay, but this is limited. And they are not geared up for a public health emergency.

The government’s response has been patchy so far. After ignoring warnings, an emergency declaration was made banning public gatherings and encouraging social distancing, but the President still proceeded with a rally the next day. Meanwhile, the defence minister caused an international sensation, and much opprobrium, by declaring that coronavirus had come from God to punish the West for imposing sanctions on Zimbabwe. The government distanced itself, but it rather highlights the dismal calibre of some at the highest level.

This current regime clearly doesn’t garner much trust. The political settlement has fallen apart. The state seems simply not to care. As Simukai Chigudu describes for the 2008 cholera outbreak a mixture of disdain and callous contempt is shown by the state. With the economy continuing to free-fall, Zimbabwe, by any indicator, is a ‘fragile state’ – and so one of the least able to respond to a pandemic.

Resilience

Yet, indicators of fragility tend to focus on the functioning of the state, assuming that states must replicate those in the West or China. In a crisis, however, well-ordered, functioning states are often unable to cope. They are not used to responding to surprise, high variability, random shocks and an inability to plan and predict. They do not have systems of reliability at their core.

While the Zimbabwean state is clearly highly fragile, given years of neglect and a serious lack of resources, there are other aspects of the Zimbabwe setting that give hope. Resilience – the ability to respond to and bounce back from shocks, even transforming the situation along the way – is built by people in networks, embedded in social relations, with values and commitments that go beyond narrow individualism. We see a lot of these characteristics in Zimbabwe; and people have had to learn these skills and practices the hard way.

Over twenty years of economic and political chaos has ensured that food is supplied through informal means, across multiple social networks, even as food emergencies are declared at a central level. The informalisation of life – the sense of getting by and living with uncertainty (débrouillardise in the Congolese rendition) – has affected all relations. If there is nothing in the shops or no fuel at the pumps, then look elsewhere, ring someone up, find an alternative. Something will happen, always. It is these capacities that are essential for surviving in a pandemic, and that those in the West are learning fast, as shops empty, people panic buy and services cease.

The painful lessons of the HIV/AIDS pandemic are imprinted on Zimbabwe’s consciousness: first it was a blame game – gays, foreigners, sex workers, truck drivers; and then everyone realised this was affecting everyone, and many friends and family were dying. Leadership from Timothy Stamps, the health minister, the commitment of front-line health workers and community changes in behaviour (along with the supply of cheap anti-retrovirals) turned the tide, and Zimbabwe was one of the first in the region to show declines in the disease. These lessons will be important now; just as in West Africa where the lessons from Ebola will be vital. Pointing the finger elsewhere doesn’t stop a virus, and everyone has to be committed to a collective response.

So now will be an important moment for rebuilding solidarities and forms of mutualism and moral economy that are at the heart of social resilience. With the UK Premier League cancelled, the WhatsApp groups dedicated to following Chelsea or Arsenal can be repurposed to helping each other, while churches will take on new meanings amongst congregations, even if not gathering physically. International connections are important too, although South Africa’s plan to build a fence on the Zimbabwe border to prevent illegal, ‘diseased’ migrants entering sends out a dismal signal. Networks of kin across the world, connected though remittances flows and Western Union, will be vital, just as messages (and good Zimbabwean jokes and memes) via social media will be important.

Even in the UK, so subsumed in an individualistic culture for generations, the importance of community, connection and solidarity are being rediscovered through ‘mutual aid’ groups. This will be much easier in Zimbabwe and, in the absent of a caring or competent state, will be essential.

Inequality

While at one level it’s true that viruses respect no borders and affect all people, the consequences are very unevenly felt. While we are all in it together, some are more exposed. Who is most likely to catch the disease? Who is most likely to become ill? Who is most likely to suffer from the failure of health services?

Some of this is to do with biology – it is the elderly, for example, who seem to get the worst symptoms – but a lot is to do with deep structural inequalities. The colonial shape of cities is one aspect: crowded townships (for black African workers), distant from places of work and the suburbs originally reserved for whites, require daily travel on crowded transport networks. This is the perfect setting for contagion.

Add to this the crowded nature of such ‘high-density’ townships (yes it’s in the name – blacks were not deemed to need space), and the decline in services, mean that ‘social-distancing’ is impossible. This was ruled out in the colonial era, and has been made worse by economic decline, where travelling for precarious work and endless queuing are part of daily life.

Meanwhile, the edicts of ‘hand-washing’, good hygiene and healthy food are impossible to follow if tap water doesn’t run, people share boreholes and poverty restricts what food can be bought. This is what Paul Farmer refers to as ‘structural violence’ – the violence of deep inequality that causes vulnerability and disease.

By contrast, those living in the low- or medium-density suburbs, and with resources, can distance themselves, and have resources to buy alternatives – privately pumped water, insurance for health care, money to buy things at inflated prices, or they’re even able skip the country if needs be.

Workers from the townships who service the city and offer labour in businesses and factories are those who are the most vulnerable to economic shutdown. They have experience of this, and many have already lost their formal jobs as the economy collapsed. They travel in to take up precarious, informal work, which can cease at a stroke without recompense.

Knee-jerk reactions by the state, in shallow attempts at asserting control, are often directed at the most vulnerable. Informal markets are closed because of notional hygiene concerns, for example. Those operating in recognised trading sites are taxed exorbitantly, even though this restricts access to toilets and washing facilities, especially for women. Extreme quarantine measures, in the context of a fragile state, may end up doing more harm than good, undermining social resilience.

It’s probably those in the rural areas who are the most resilient in the face of the COVID-19 crisis. Having food to eat or sell, and solid local networks to draw on, with limited expectations of the state anyway, many have successfully ridden out the roller-coaster ride that has been the Zimbabwean economy. Forms of collective action that can regrade roads in rural areas can surely also assist with pandemic response, in alliance with Zimbabwe’s many committed health care workers, community leaders and others.

Of course, as people become very critically ill, this is outside anyone’s ability to respond – and in Zimbabwe this includes the whole health system – so this is why enhancing the ability to stop the spread and building resilience is the essential challenge of the moment. As winter approaches, there is probably very little time.

Post published in: Featured

100% unprepared – Zimbabwe Vigil Diary – The Zimbabwean

As Zimbabwe follows the UK into lockdown to try to control the spread of coronavirus, we can tell from our own experience here that Health Minister Obadiah Moyo was mistaken when he claimed early this month that Zimbabwe was ‘100% prepared’ for an epidemic (seehttps://www.voanews.com/science-health/coronavirus-outbreak/zimbabwe-says-100-percent-prepared-coronavirus).

Just how unprepared the country is was shown by the wretched treatment received by the broadcaster Zororo Makamba, the first Zimbabwean to die from the virus – even though he had the advantage of being the son of a business tycoon and Zanu PF politician.

30-year-old Zororo returned from a visit to New York on 20th March with what was thought to be a slight flu.  When he developed a fever his doctor recommended that he go to the country’s designated health quarantine facility, Wilkins Hospital in Harare, which turned out to be woefully ill-equipped to deal with serious infections.

His elder brother Tawanda Makamba described a catalogue of deficiencies. If the outcome wasn’t so tragic, some of the incidents could have been slapstick farce. For instance: the hospital had no ventilator to help Zororo breathe. The family managed to obtain one but the hospital could not use it because it had an American plug. Tawanda went and bought an adaptor but the hospital said they still couldn’t use the ventilator because there were no electricity sockets in his room. So he went and bought an extension cord but they refused to use it!

Tawanda said the family appealed to Health Minister Moyo who promised all sorts of things and delivered nothing. Tawanda said the nurses were afraid to handle the situation. ‘It even got to a point where they were telling us that we were bothering them.’ He went on: At the end, before he died, he kept telling us that he was alone and scared and the staff were refusing to help him to a point where he got up and tried to walk out and they were trying to restrain him’.

He warned: ‘Right now they don’t even have water at Wilkins. So if you come here to be treated for coronavirus there is absolutely no treatment you will get. You will die’. (See: https://www.thezimbabwean.co/2020/03/makamba-family-fumes-over-zororos-death/).

With many countries imposing restrictions on flights and foreign visitors, the Zanu PF financier Kudakwashe Tagwirei is taking over two private hospitals in Harare to be upgraded for the elite now that they will be finding it difficult to go abroad for medical treatment. MDC Vice-President Tendai Biti said there was: ‘no limit, shame, remorse or elasticity to the evils of this regime’ (see: https://www.zimlive.com/2020/03/26/outrage-over-coronavirus-hospitals-for-the-political-elite-in-zimbabwe/).

In the UK we are constantly warned to wash our hands with soap and to avoid being within two metres of anyone in a public space. We have seen little sign that similar advice is being followed in Zimbabwe and observers say it is futile to expect informal traders to let their families starve. 

Other points

  • Because of the coronavirus, we can no longer physically meet outside the Zimbabwe Embassy in London, so we have started a virtual Vigil. We asked our activists to put on Vigil / ROHR / Zimbabwe regalia and take a photo of themselves holding an appropriate poster reflecting our protest against human rights abuses in Zimbabwe. The photos are uploaded on our Flickr site (see: https://www.flickr.com/photos/zimbabwevigil/albums/72157713664725127). Our first virtual Vigil activists were Esther Munyira and Rose Benton who both also kindly contributed to Vigil funds.
  • The Minister of Lands, Air Marshal Perence Shiri, has made it clear that Zimbabwean white farmers are not included in the government’s recent announcement widely seen as reversing the land takeover. Phiri said only dispossessed ‘indigenous’ farmers and those covered by bilateral agreements would have the opportunity to get land back. Human rights campaigner Ben Freeth spoke of racial discrimination and said the move would not persuade the world that Zimbabwe is a secure investment (see: https://www.thezimbabwean.co/2020/03/zimbabwe-governments-land-for-compensation-offer-is-misleading/).
  • For Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/. Please note: Vigil photos can only be downloaded from our Flickr website.

EVENTS AND NOTICES:

  • The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organization based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organization on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe. Please note that the official website of ROHR Zimbabwe is http://www.rohrzimbabwe.org/. Any other website claiming to be the official website of ROHR in no way represents us.
  • The Vigil’s book ‘Zimbabwe Emergency’ is based on our weekly diaries. It records how events in Zimbabwe have unfolded as seen by the diaspora in the UK. It chronicles the economic disintegration, violence, growing oppression and political manoeuvring – and the tragic human cost involved. It is available at the Vigil. All proceeds go to the Vigil and our sister organisation the Restoration of Human Rights in Zimbabwe’s work in Zimbabwe. The book is also available from Amazon.
  • Facebook pages:
    Vigil: https://www.facebook.com/zimbabwevigil
    ROHR: https://www.facebook.com/Restoration-of-Human-Rights-ROHR-Zimbabwe-International-370825706588551/
    ZAF: https://www.facebook.com/pages/Zimbabwe-Action-Forum-ZAF/490257051027515

Post published in: Featured

July NY State Bar Exam Officially Off

The news just isn’t stopping today.

After a “will they, won’t they” worthy of a Rom Com, the NY Court of Appeals has officially pulled the plug on the July administration of the NY State Bar Exam.

We’ll probably have more on this on Monday, but for now… more time to freak out!


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

So Many Questions Today — See Also

Yeah, But How Bad Was It Really?: ASU wants students to explain how COVID has hurt them.

So… We Gonna Do This Summer Thing Or Not?: A lot of summer associate programs are in limbo.

Are We Doing The Bar Exam In The Fall Now?: Still no decision, but the deadline is coming up fast.

Just To Be Clear, Is This Not An Emergency?: Judge displeased with “emergency” deposition scheduling motion.

What Is The Constitution Anymore?: Mark Meadows getting upfront with his constitutional breaches.

Biglaw Firm Sees Revenue Increases For The 9th Year In A Row

(Image via Getty)

According to 2019 financial data collected by ALM, which Biglaw firm grossed $2.337 billion in 2019, which is a 5.3 percent increase over 2018?

Hint: Gross revenue at the firm increased for the ninth year in a row. Profits per equity partner increased 10.5 percent — to $2.82 million — though the firm lost a net 21 equity partners, down 6.4 percent.

See the answer on the next page.