Graduation: A Time for New Beginnings

We have a number of graduations to celebrate in our family this month, and there is a lot of excitement about the future. The buzz surrounding the start of a new and exciting chapter in the graduate’s life causes me to ask: Why don’t we join them and embrace the new and exciting things that could occur in our lives? I’m not talking about the concrete changes that we will see our graduates make — going off to a new school or starting a new job. I’m talking about creating our own changes to pave the way for a better professional future.

It’s not a bad idea to reflect upon our work as lawyers with an eye toward positive change. That change may be in the way we relate to our co-workers. That change may be in a new commitment to volunteer in the legal community. That change may be a commitment to incorporate a greater level of organization into our practice. That change may be a new routine to stay informed about recent developments in the law. That change may be taking time to become a better listener. That change may be setting aside time to appreciate how rewarding and stimulating our work is. It doesn’t really matter what the change is. The important thing is that we take this opportunity to reassess how we, like new graduates, can take affirmative action that will provide us with a new and fulfilling future.

I recently read a great quote from Mark Twain: “Twenty years from now you will be more disappointed by the things you didn’t do than the ones you did.”  This is the type of statement hundreds of graduates will hear over the next few weeks. It’s time for all of us, new graduates and seasoned practitioners, to embrace this time of new beginnings.

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Major New Study on Recidivism Rates Shows Stability Over Time and Variation Among the States

The Pew Center on the States has released a major new empirical study on recidivism rates among released prisoners.  Bottom line: about 40 percent are returned to prison within three years of release.  About half are returned for violations of parole conditions, and half for new convictions.  Return-to-prison rates vary widely among the states, from 22.8 percent in Oregon to 61.2 percent in Minnesota.  Wisconsin’s 46-percent rate is a little above the national average.

The most recent comparable study was released by the United States Department of Justice’s Bureau of Justice Statistics almost a decade ago.  The BJS study tracked three-year recidivism rates of prisoners released in 1994.  The Pew Study followed cohorts in 1999 and 2004.  (The numbers presented above come from the 2004 cohort.)  Although the Pew methodology varied from BJS’s in several respects, both found return-to-prison rates of about 40 percent, suggesting a remarkable consistency in recidivism rates over time.

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Greenhouse Gases, and Other Hot Air

In American Electric Power Co. v. Connecticut, the Supreme Court is faced with the next, inevitable step in a line of climate change litigation including, most notably, Massachusetts v. EPA in 2007.  The case includes, as did Massachusetts, a jurisdictional question of whether the plaintiff states and land trusts have standing, either under Article III or under the “prudential” principles of standing.  Perhaps of broader interest, however, is the substantive question facing the Court, which is whether, in light of the powers vested in the Environmental Protection Agency under the Clean Air Act, a federal common law public nuisance claim is the proper course by which to seek redress for the rise in global temperatures to which the defendants are alleged to be substantial contributors.

The power companies’ and the government’s positions in this case are mostly aligned, in that both seek to have the complaint dismissed, although on slightly different jurisdictional grounds. 

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