International Financial Law Prof Blog

DOJ Antitrust Division to Host Virtual Workshop July 28-29 on Competition in the Licensing of Public Performance Rights in the Music Industry

The Department of Justice will hold a virtual public workshop on July 28th and 29th, 2020, to discuss competition in the licensing of public performance rights in the music industry.  The workshop will provide a further venue for industry stakeholders to weigh in on the American Society of Composers, Authors, and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) consent decrees and their implications for antitrust law enforcement and policy as we enter the third decade of the 21st Century and as music distribution continues to evolve through technological innovation. 

A series of panels will discuss competition issues relating to the various types of public performance licenses currently offered in the marketplace, competition between performing rights organizations (PROs), such as ASCAP, BMI and GMR, and the licensing of music to end-users. Panelists will discuss whether or not certain terms of the ASCAP and BMI consent decrees should be modified, and whether the decrees are inhibiting innovative business models that may hurt consumers or artists. These panels will include executives PROs, songwriters, music publishers, music licenses, legal and economic experts, and other industry stakeholders.

The Department of Justice invited public comments from the public on these topics on June 5, 2019 and the comments can be found here. Interested parties may submit any further non-duplicative comments online now through July 22, 2020, at [email protected].

The workshop is free and open to the public and will be webcast from approximately 12:30 pm – 4 pm Eastern Time each day. A recording of the workshop will be available on the Division’s website.  Registration information, an agenda, instructions on accessing the webcast, and a list of speakers will be available in the near future on the event webpage. Members of the press should email [email protected] to register.

Reasonable accommodations for people with disabilities are available upon request. If you need such an accommodation, please contact the Antitrust Division at [email protected]. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.

American Society of Composers, Authors and Publishers/Broadcast Music, Inc.

Related Documents:

• ASCAP - Second Amended Final Judgment (June 11, 2001)
• BMI - [Amended] Final Judgment (November 18, 1994)

Related Pages:

• Antitrust Consent Decree Review - ASCAP and BMI 2014
• Antitrust Consent Decree Review - ASCAP and BMI 2015
• Antitrust Consent Decree Review - ASCAP and BMI 2019

PUBLIC COMMENTS

As part of its review, the Department invited interested persons, including songwriters, publishers, licensees, and other industry stakeholders, to provide the Division with information or comments relevant to whether the Consent Decrees continue to protect competition. The period for public comment ended August 9, 2019. 

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TAX DIVISION (TAX) LAW STUDENT VOLUNTEER, ACADEMIC YEAR WASHINGTON, DC UNITED STATES

About the Office: 

The Tax Division seeks to engage volunteer law student interns during the spring semester for its Appellate Section, Civil Trial Sections, Financial Litigation Unit (FLU), Criminal Enforcement Sections, and Criminal Appeals and Tax Enforcement Policy Section (CATEPS). 

The Appellate Section, Civil Trial Sections, and the FLU handle civil cases presenting a variety of legal issues involving federal tax law, bankruptcy law, constitutional law, property law, and commercial law, as well as the panoply of evidentiary, procedural, and jurisdictional issues that are the staple of any civil litigation docket. The Tax Division’s Appellate Section handles appeals of civil cases and U.S. Tax Court cases in the U.S. Courts of Appeals and participates with the Office of the Solicitor General in proceedings before the Supreme Court. The six regional Civil Trial Sections handle litigation in the United States District Courts and Bankruptcy Courts nationwide, and the seventh civil section – the Court of Federal Claims Section – defends all tax suits filed in the United States Court of Federal Claims. The FLU handles post-judgment litigation in U.S. District Courts (and occasionally in Bankruptcy Courts) to collect money judgments obtained by the Civil Trial Sections.

The Tax Division’s three Criminal Enforcement Sections are responsible for authorizing all federal criminal tax prosecutions throughout the United States. The Sections investigate and prosecute individuals and corporations that attempt to evade taxes, willfully fail to file tax returns, submit false tax forms, and otherwise attempt to defraud the government. CATEPS handles or supervises the appeals of those cases and tax cases prosecuted by U.S. Attorneys' Offices and works with the IRS and the U.S. Attorneys’ Offices to develop policies that govern the investigation and prosecution of tax crimes. 

For more information about the Tax Division’s offices and the cases they handle, please see our website at http://www.justice.gov/tax/about-division.

Our office places a high value on diversity of experiences and perspectives and encourages applications from all qualified individuals from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities.

Job Description: 

The Tax Division works to provide a valuable internship experience by attempting to ensure that legal interns assist in as many aspects of the Division’s work as possible, and that interns are provided written or oral feedback on their assignments.   

Interns are assigned to a section for the semester and work closely with that section’s attorneys on a wide range of issues, to the extent allowed by law. Interns are frequently asked to research legal issues that arise in pending cases,  but may also be asked to prepare legal memoranda or draft pleadings, briefs, motions, and other legal documents. Interns may assist with discovery, including drafting interrogatories, document requests, and subpoenas. Interns may have the opportunity to help attorneys prepare for arguments, trials, and hearings, and may have the opportunity to attend and observe those that are local.

Interns will be expected to work approximately 10-12 weeks during the semester, for a minimum of 15 hours per week. It is anticipated that most interns will be attending classes during the semester and will therefore be working a part-time schedule; however, the sections will attempt to accommodate requests for full-time internships.

 

Qualifications: 

The Division seeks law students with a strong academic record and excellent legal research and writing skills. Interns must be able to grasp issues quickly, conduct thorough and accurate research, and write clearly, concisely, and persuasively. 

Candidates must hold full or dual United States citizenship,  and have resided in the United States for three of the past five years. Because of the sensitive nature of the work, candidates receiving offers must undergo a background investigation.

Salary: 

The positions are uncompensated; however, work-study credit may be available.

Application Process: 

Please submit a resume, writing sample, and law school transcripts (official or unofficial) with a cover letter via email to Intern Coordinator at [email protected]. 

Applications should be submitted by October 1 for the spring semester. Please note that the Tax Division does not generally review application materials, conduct interviews, or make offers until the application period has closed.

The majority of positions will be located in the Tax Division’s offices in Washington, DC.  In addition, the Tax Division places volunteer legal interns in our Civil Trial Section, Southwestern Region, which is located in Dallas, TX. If you are interested in being considered for the Dallas office, please so indicate in your email.

If you have any questions about this or any of the Tax Division’s other hiring programs, please call (202) 616-2470 or email [email protected].

Application Deadline: 

Thursday, October 1, 2020

Relocation Expenses: 

Relocation expenses will not be authorized.

Updated July 2, 2020

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Department Policies

Equal Employment Opportunity:  The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer.  Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, protected genetic information, pregnancy, status as a parent, or any other nonmerit-based factor.  The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.

Reasonable Accommodations:  This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency.  Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

Outreach and Recruitment for Qualified Applicants with Disabilities:  The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements.  Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority.  Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.   

Suitability and Citizenship:  It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment.  Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Veterans:  There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his  or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

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This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.

University of South Carolina School of Law is searching for a Graduate Program Director

The University of South Carolina School of Law is searching for a Graduate Program Director who will be responsible for all aspects of the School of Law’s non-J.D. graduate program, including program oversight, marketing and recruitment, admissions, student affairs, career services, and former student relations. The Director’s initial responsibilities will focus upon implementation of a Master of Studies in Law (MSL) in Health Systems Law and a Health Care Compliance Certificate program.

Attached please find the hiring advertisement. The position has been posted in the Chronicle of Higher Education https://chroniclevitae.com/jobs/0000526264-01?dashboard=true and Diverse Jobs https://diversejobs.net/posting/graduate-program-director/AE025-4QAL/.

I would greatly appreciate it if you could please distribute this announcement to your contacts who may be interested in the position. Interested parties can contact me at [email protected] or 803-777-5011 to express their interest or if they have any questions regarding the position or application process.

Number of International Students in the United States Hits All-Time High

The number of international students in the United States set an all-time high in the 2018/19 academic year, the fourth consecutive year with more than one million international students. The total number of international students, 1,095,299, is a 0.05 percent increase over last year, according to the 2019 Open Doors Report on International Educational Exchange. International students make up 5.5 percent of the total U.S. higher education population. According to data from the U.S. Department of Commerce, international students contributed $44.7 billion to the U.S. economy in 2018, an increase of 5.5 percent from the previous year.

Open Doors 2019, released today by the Institute of International Education (IIE) and the U.S. Department of State’s Bureau of Educational and Cultural Affairs, highlights the continued competitiveness of the U.S. higher education sector as a destination of choice for international students and the growing interest in international educational exchange among U.S. students.

“We are happy to see the continued growth in the number of international students in the United States and U.S. students studying abroad,” said Marie Royce, Assistant Secretary of State for Educational and Cultural Affairs. “Promoting international student mobility remains a top priority for the Bureau of Educational and Cultural Affairs and we want even more students in the future to see the United States as the best destination to earn their degrees. International exchange makes our colleges and universities more dynamic for all students and an education at a U.S. institution can have a transformative effect for international students, just like study abroad experiences can for U.S. students.”

For the tenth consecutive year, China remained the largest source of international students in the United States in 2018/19 with 369,548 students in undergraduate, graduate, non-degree, and optional practical training (OPT) programs, a 1.7 percent increase from 2017/18. India (202,014, +2.9 percent), South Korea (52,250, -4.2 percent), Saudi Arabia (37,080, -16.5 percent), and Canada (26,122, +0.8 percent) round out the top five. Emerging market countries showed some of the strongest growth year over year, especially Bangladesh (+10.0 percent), Brazil (+9.8 percent), Nigeria (+5.8 percent), and Pakistan (+5.6 percent).

51.6 percent of international students in the United States pursued STEM fields in 2018/19 and the number of international students in Math and Computer Science programs grew by 9.4 percent, surpassing Business and Management to become the second-largest field of study for international students. Engineering remained the largest academic field for international students in 2018/19, with 21.1 percent of all international students. The number of students enrolling for the first time at a U.S. institution in 2018/19 declined by 0.9 percent, recovering from sharper declines the year before. The leveling of declines in newly enrolled international students continues into the 2019/20 academic year, according to data from the 2019 Fall International Student Enrollment Snapshot Survey, a survey conducted by IIE and nine partner higher education associations. Around 500 institutions participate in this survey, a subset of the more than 2,800 institutions surveyed for Open Doors.

Policy changes that allow STEM students to remain in the United States on Optional Practical Training opportunities for 36 months after the completion of their studies likely continues to drive the increase in students on OPT programs, which increased by 9.6 percent to 223,085. The number of students in non-degree programs declined by 5.0 percent to 62,341. The total number of international students enrolled in undergraduate programs declined by 2.4 percent to 431,930, and the number in graduate programs declined by 1.3 percent to 377,943.

In the 2017/18 academic year, 341,751 U.S. students participated in study abroad programs for academic credit, a 2.7 percent increase over the previous year. European countries remain the most popular destinations for U.S. study abroad students; 54.9 percent of study abroad students went to Europe in 2017/18. The United Kingdom, Italy, Spain, France, and Germany hosted the most U.S. study abroad students. The number of U.S. study abroad students in Japan grew by 12.4 percent from the previous year, and Greece (+20.0 percent), the Netherlands (+15.4 percent), Israel (+11.9 percent) and Argentina (+11.2 percent) also saw double-digit gains. The number of study abroad students in Latin America and the Caribbean fell by 1.4 percent, due to a sharp decline in study abroad to Cuba. Excluding Cuba, the number of study abroad students in this region grew by 3.1 percent.

An increasing number of STEM students are studying abroad, representing 25.6 percent of the total. The population of study abroad students has also continued to become more diverse; 30.0 percent of study abroad students in 2017/18 identified as a member of a racial or ethnic minority group, compared to 23.7 percent in 2012/13 and 18.2 percent in 2007/08. This represents an increase in access to study abroad opportunities for underserved populations of students in higher education, but it still trails the diversity of the U.S. higher education community as a whole.

IIE President and CEO Allan Goodman said, “The record numbers of international students in the United States and U.S. students studying abroad mean that more students than ever before are being exposed to new ideas and ways of thinking.  They will have greater ability to succeed in and contribute to an increasingly complex and interconnected world.”

About Open Doors

2019 is the 70th anniversary of the Open Doors Report, which IIE has published since 1948/49, and in partnership with the U.S. Department of State's Bureau of Educational and Cultural Affairs (ECA) since 1972. Open Doors is a comprehensive information resource on international students and scholars studying or teaching at higher education institutions in the United States, and U.S. students studying abroad for academic credit at their home colleges or universities. Open Doors also reports on the number of international scholars at U.S. universities and international students enrolled in pre-academic Intensive English Programs. Further details on the Open Doors 2019 findings are on the Open Doors website. The full report will be available in early 2020. For more data, infographics and resources visit iie.org/opendoors.

About the Institute of International Education

Now celebrating its Centennial year, IIE was established in 1919 with the founding premise that international exchange could make the world a more interconnected place. IIE works to build more peaceful and equitable societies by advancing scholarship, building economies and promoting access to opportunity. As a not-for-profit with 18 offices and affiliates worldwide, IIE collaborates with a range of corporate, government and foundation partners across the globe to design and manage scholarship, study abroad, workforce training and leadership development programs. Visit iie.org.

About the U.S. Department of State Bureau of Educational and Cultural Affairs

The Bureau of Educational and Cultural Affairs (ECA) builds relations between the people of the United States and the people of other countries through academic, cultural, sports, professional and private exchanges, as well as public-private partnerships and mentoring programs. These exchange programs improve foreign relations and strengthen the national security of the United States, support U.S. international leadership, and provide a broad range of domestic benefits by helping break down barriers that often divide us. ECA sponsors the flagship Fulbright Program, the Benjamin A. Gilman Scholarships for U.S. undergraduates with financial need, the Critical Language Scholarship Program in support of U.S. foreign language study abroad, and the EducationUSA network of over 400 advising centers worldwide, which provides information to students around the globe who wish to study in the United States. Visit eca.state.gov.

Tuition Waiver for International Tax online curriculum starting August 26, 2019 - 2 weeks left to apply

Texas A&M University School of Law will launch August 26, 2019 an International Tax online curriculum for graduate degree candidates. Admissions is open for the inaugural cohort of degree candidates to pilot the launch of the Fall semester introductory courses of international taxation and tax treaties, and provide weekly feedback on content, support, and general experience in exchange for waiving the tuition and providing the books free.

What is the tuition waiver offer?

For new degree candidates who apply and enroll for this inaugural Fall semester of the international tax curriculum 2019 semester, Texas A&M University will waive the tuition for this Fall 2019 semester in exchange for the candidates providing weekly feedback and engagement to improve the Fall courses and learning experience. Moreover, the Fall semester textbook and companion study guide are provided free.

Normal Texas A&M University tuition and available financial aid applies after the Fall term and is available at https://law.tamu.edu/llm-mjur-programs/tuition Texas A&M University is a public university of the state of Texas and is ranked 1st among public universities for its superior education at an affordable cost (Fiske, 2018) and ranked 1st of Texas public universities for best value (Money, 2018). 

How do I apply for the inaugural cohort?

Only for this inaugural cohort, completed applications may be submitted directly, via the below-expedited process, to the law school’s admission office until noon central daylight time (CDT – Dallas) on August 22, 2019.   A completed Fall application must include four items:

(1) the completed and signed law school application (application fees and letters of recommendation are waived for Fall 2019 international tax);

(2) statement of interest for the international tax program that includes mention of prior tax or related experience.

(3) resume/CV reflecting at least three years of employment as a tax advisor or five years employment in a related field; and

(4) an official transcript from the highest academic degree awarded by an accredited University sent to Texas A&M University: Official electronic transcripts can be sent to [email protected]  FedEx, UPS, DHL express mail can be sent to Attn: Office of Graduate Admissions 1515 Commerce Street Fort Worth, TX 76102-6509

To apply for the inaugural cohort opportunity, contact Jeff Green, Graduate Programs Coordinator, T: +1 (817) 212-3866, E: [email protected] or contact David Dye, Assistant Dean of Graduate Programs, T (817) 212-3954, E: [email protected].

What is the proposed curriculum of 12 international tax courses?

International Taxation & Treaties I (3 credits)                  International Taxation & Treaties II (3 credits)

Transfer Pricing I (3 credits)                                          Transfer Pricing II (3 credits)

Tax Risk Management (3 credits)                                  FATCA & CRS (3 credits)

International Tax Planning (3 credits)                             Country Tax Systems (3 credits)

U.S. Int’l Tax (3 credits)                                                 EU Taxation (3 credits)

VAT/GST/Sales (3 credits)                                            Customs & Excises (3 credits)

Ethics in Decision Making (1 credit required to graduate)

What distinguishes Texas A&M’s International Tax curriculum?

Since the original 1994 curriculum focus on tax risk management and methodology, the curriculum and the program operational structure continue to evolve based on in-depth industry research. “The central function of the tax office has evolved from strategy and planning into risk management”, says William Byrnes, professor of law and associate dean at Texas A&M University. “This evolution has been accelerated by trends — primarily globalization, transparency and regulatory reform — and by the OECD (through the project on Base Erosion and Profit Shifting, or BEPS), the United States (through the Foreign Account Tax Compliance Act) and the European Union.”

In 2019, Hanover Research on behalf of Texas A&M undertook an extensive long-form survey, including interviews, of 146 tax executives about the needs and value-added of Texas A&M’s new international tax curriculum. The surveys 2019 tax professionals included: 29% U.S. and 71% foreign resident. Half the participants were tax professionals of AmLaw 100 firms (27%) or of Big 4 accounting (21%). The other half of participants were tax professionals of large multinational tax departments in the following industries: Finance / Banking / Insurance; Consulting; Business / Professional Services; Computers (Hardware, Desktop Software); Telecommunications; Aerospace / Aviation / Automotive; Healthcare / Medical; Manufacturing; Food Service; Internet; Mining; Pharmaceutical / Chemical; Real Estate; and Transportation / Distribution. Four percent of survey participants were executive-level government tax authority staff.

Besides the actual design of the course curriculum, two interesting outcomes from the industry interviews are:

• The faculty and graduate degree candidates must be multidisciplinary, including both tax lawyers and non-lawyer tax professionals (e.g. accountants, finance executives, and economists) engaged together in learning teams with practical case studies and projects that are “applicable in a real-world context”.
• The curriculum must include the perspectives of tax mitigation and of tax-risk management with exposure to state-of-the-industry data analytics.

In its Tax Insights magazine that is distributed globally to clients, the Big 4 firm EY stated: “Texas A&M University is among the pioneers of change in tax education”.

Texas A&M professor William Byrnes explains: “A risk management approach to tax means that the new model will by definition be multidisciplinary. Financial and managerial accounting– and law– will still be important, of course. But students will also need new “hard” skills involving big data and communications technologies and “soft” skills geared to working in multicultural settings both at home and abroad.” Says Byrnes, “You don’t want to have people who are living in the ‘Stone Age’ (pre-2015) trying to work in a 2016-onward world.” 

What is the proposed course schedule during an academic year?

Fall 2019 Part A (6 week term)                                    Fall 2019 Part B (6 week term)     

International Taxation & Treaties I                                  International Taxation & Treaties II 

Spring 2020 Part A (6 week term)                              Spring 2020 Part B (6 week term)

Transfer Pricing I                                                             Transfer Pricing II

Summer 2020 concurrent 6 week term

Tax Risk Management & Data Analytics             FATCA & CRS

Fall 2020 Part A                                                           Fall 2020 Part B

International Tax Planning                                             Country Tax Systems

International Taxation & Treaties I                                  International Taxation & Treaties II

Spring 2021 Part A                                                      Spring 2021 Part B

U.S. Int’l Tax                                                                 EU Taxation

Transfer Pricing I                                                           Transfer Pricing II

Summer 2021 concurrent term

VAT/GST/Sales             Customs & Excises

Tax Risk Management               FATCA & CRS

When are the semesters?

Fall:                 August 26 until December 14, 2019

Spring:             January 9 until April 30, 2020

Summer:          May 18 until July 11, 2020

Who is leading and creating this International Tax curriculum?

The International Tax curriculum has been developed and is led by Professor William Byrnes (Texas A&M University Law).  In 1994, Professor William Byrnes founded the first international tax program leveraging online education and in 1998 founded the first online international tax program to be acquiesced by the American Bar Association and the Southern Association of Colleges and Schools.  He is recognized globally as an online education pioneer focused on learner outcomes and best practices leveraging state of the art educational technology.  William Byrnes is also an international tax authority as LexisNexis’ leading published author of nine international tax treatises and compendium, annually updated, and a 10 volume service published by Wolters Kluwer.  His LinkedIn group International Tax Planning Professionals has over 25,000 members and is the largest international tax network on LinkedIn.

How much time per week does a course require?

Each course unfolds over six weeks, designed to require 15 to 20 hours of input each week. This weekly input includes reviewing materials, listening to podcasts, watching video content, participating in discussion forums, engaging in live class sessions, and working with classmates on team-based learning projects. Working with colleague groups on real-world case studies is critical to the educational experience.  Potential applicants must have available three to five hours per week to spend developing and working with colleagues on group case studies using communications technologies like Zoom video.

What is the title of this graduate degree?

For lawyers, it is a Master of Laws (LL.M.) and for accountants, tax professionals and economists, it is a Master of Jurisprudence (M.J.).  The degree is awarded by Texas A&M University via the School of Law. Completion of a curriculum, which is like a ‘major’ for university studies, is also recognized with a frameable certificate issued by the School of Law.

What are the minimum requirements of the application for each degree?

• All applicants must have previous domestic tax or accounting professional experience reflected on the CV of work experience.
• The Master of Laws (LL.M.) is awarded to successful graduates who hold a law degree from a law school or faculty of law that is accredited by the American Bar Association or if a foreign law degree then accredited by a governmental accreditation body and that allows the graduate eligibility for that country’s practice of law.
• The Master of Jurisprudence (M.J.) is awarded to all other successful graduates. Applicants for the Master of Jurisprudence must hold a prior degree from an accredited academic institution in business, accounting, finance, economics, or related business field.

What are the program requirements to graduate?

The Master of Laws candidates must complete at least 24 credits to be eligible to graduate.  The Master of Jurisprudence candidates must complete at least 30 credits to be eligible to graduate.

All candidates must complete the Ethics in Decision Making course to be eligible to graduate, which presents networking opportunities with candidates of the Risk management and Wealth Management curricula. Master of Jurisprudence candidates must also complete an Introduction to U.S. Law course which will include networking among all law graduate curricula.

Candidates must complete at least six courses specific to a curriculum in order to be eligible for a degree. Without permission, candidates are allowed to enroll in up to two courses from another curriculum.

How many months to graduate?

Normally, candidates will enroll in two courses during Fall and Spring semester, focusing on one course each term (Fall and Spring have two terms of six weeks each).  Candidates may enroll in one or two courses for the Summer semester, which is only one six-week term.  Thus, most candidates will reach eligibility to graduate within two years.  Candidates have the flexibility as to how many or few courses to enroll each term, subject to university graduate program rules. Candidates may complete the program in one year to as long as four years.  Each course in a curriculum is offered once per year.

Are these degrees eligible for the Aggie Ring and membership in the Texas A&M Former Student Network (Texas A&M alumni)?

Yes, all international tax graduates will become a member of the Texas A&M family.  Texas A&M is renown for the loyalty and engagement among its former students within the Texas Aggie clubs established throughout the world. Texas A&M has graduated over 500,000 “Aggies” who are eligible to wear the Texas A&M ring to identify each other throughout the world. See https://www.aggienetwork.com/

Will there be on-campus opportunities?

Yes.  Graduation, with on-campus activities hosted at the law school, is May 1, 2020.  October 24-25, 2019 is a networking conference of the risk, wealth, and international tax graduate students piggybacking on Texas A&M’s Financial Planning conference: Thursday night networking banquet and Friday conference activities. See https://financialplanning.tamu.edu/events/conference/  Saturday, October 26, 2019 is a Texas A&M football game at the on-campus Kyle stadium that two years ago underwent a $485 million renovation. The graduate program office has inquired about a block of tickets in the same section for students interested in purchasing a ticket and staying over for the game.  Texas A&M football games are sold out with a capacity of over 100,000 seats and thus, Friday night hotel reservations in College Station should be made ASAP.  Other opportunities will be announced during the program year.

What is Texas A&M University?

Texas A&M, the second-largest U.S. public university, is one of the only 60 accredited U.S. members of the American Association of Universities (R1: Doctoral Universities – Highest Research Activity), and one of the only 17 U.S. universities that hold a triple U.S. federal designation (Land, Sea, and Space).  As one of the world’s leading research institutions, Texas A&M is at the forefront in making significant contributions to scholarship and discovery: research conducted in fiscal year 2017 at Texas A&M represented an annual expenditure of more than $900 million.  The Texas A&M University system’s operating budget exceeds $4.6 billion and Texas A&M’s combined endowments are 7^th largest among universities in the world.

Texas A&M is ranked 1st among national public universities for a superior education at an affordable cost (Fiske, 2018); ranked 1st of Texas public universities for best value (Money, 2018); and ranked 1st in nation for most graduates serving as CEOs of Fortune 500 companies (Fortune, 2019).  During the program, a candidate learns Texas A&M’s traditions and six core values that are grounded in its history as one of the six U.S. senior military colleges: Loyalty, Integrity, Excellence, Leadership, Respect, and Selfless Service.

Which government and professional organizations accredit Texas A&M University?

For the complete list, see https://www.tamu.edu/statements/accreditation.html

What are the other curricula’s courses that are available to international tax candidates? 

Risk Curriculum                                              Wealth Curriculum

Enterprise Risk & Data Analytics                        Taxation of Business Associations

Information Security Management Systems        Securities Regulations

Counter-Terrorism Risk Management                 Financial & Portfolio Management

Cybersecurity                                                   Income Tax Financial Planning

Anti-Money Laundering & Bank                          Principles of Wealth Management

Principles of Risk Management                          Estate Planning, Insurance, and Annuities

Foreign Corrupt Practices Act                            Advanced Wealth Management

Fiduciary & Risk Management                            Non-Profit & Fiduciary Administration

White-Collar Crime                                            Retirement & Benefits

Legal Risk Management                                    Insurance Law (& Alternative Risk Transfer)

Financial Innovations

Call for AALS Speaker/Participants: Online & Hybrid Learning Pedagogy Best Practices and Development of Standards

The most unique session format at the AALS Annual Meeting, discussion group programs provide an opportunity for a small group of invited participants to engage in a focused discussion on a specific topic. If you are interested in participating, please submit an abstract by August 23rd, 2019.

This AALS Discussion Group will review the existing Model Standards for online law school programs and develop updated standards and best practices. This Discussion Group requests the submission of Discussion White Papers based on evolving and improving aspects of the Model Standards for online programs that are available under the “Online & Hybrid Learning Pedagogy Model Standards Development” information. We will examine, discuss and update the 2015 Model Standards, and discuss how these standards might be deployed, and who might be responsible for applying the standards as in an advisory manner or as an accreditor. As time allows, we will also discuss updating the 2015 Recommended Practices and examine how schools may propel their programs toward these loftier goals. 

https://am.aals.org/proposals/discussion/

Online & Hybrid Learning Pedagogy Best Practices and Development of Standards: AALS Call for Submissions for Washington D.C. 2020 Annual Congress.

See full submission document here: https://am.aals.org/wp-content/uploads/sites/4/2019/07/AM20OnlineStandardsDiscussionCall.pdf 

This AALS Discussion Group will review the existing  Model Standards for online law school programs and develop updated standards and best practices. This Discussion Group requests the submission of Discussion White Papers based on evolving and improving aspects of the Model Standards for online programs that are available under the “Online & Hybrid Learning Pedagogy Model Standards Development” information.

We will examine, discuss and update the 2015 Model Standards, and discuss how these standards might be deployed, and who might be responsible for applying the standards as in an advisory manner or as an accreditor.  As time allows, we will also discuss updating the  2015 Recommended Practices and examine how schools may propel their programs toward these loftier goals.

 

Arrests of Yale, U of Texas, Yale, Stanford, USC, UCLA, and Georgetown Staff for Bribery for College Admissions

Defendants include CEOs, actresses, university athletic coaches, and college exam administrators

Dozens of individuals involved in a nationwide conspiracy that facilitated cheating on college entrance exams and the admission of students to elite universities as purported athletic recruits were arrested by federal agents in multiple states this morning and charged in federal court in Boston. Athletic coaches from Yale, Stanford, USC, Wake Forest and Georgetown, among others, are implicated, as well as parents and exam administrators. 

William “Rick” Singer, 58, of Newport Beach, Calif., was charged with racketeering conspiracy, money laundering conspiracy and obstruction of justice. Singer owned and operated the Edge College & Career Network LLC (“The Key”) – a for-profit college counseling and preparation business – and served as the CEO of the Key Worldwide Foundation (KWF) – a non-profit corporation that he established as a purported charity.

Between approximately 2011 and February 2019, Singer allegedly conspired with dozens of parents, athletic coaches, a university athletics administrator, and others, to use bribery and other forms of fraud to secure the admission of students to colleges and universities including Yale University, Georgetown University, Stanford University, the University of Southern California, and Wake Forest University, among others. Also charged for their involvement in the scheme are 33 parents and 13 coaches and associates of Singer’s businesses, including two SAT and ACT test administrators.  

Also charged is John Vandemoer, the head sailing coach at Stanford University, Rudolph “Rudy” Meredith, the former head soccer coach at Yale University, and Mark Riddell, a counselor at a private school in Bradenton, Fla. 

The conspiracy involved 1) bribing SAT and ACT exam administrators to allow a test taker, typically Riddell, to secretly take college entrance exams in place of students or to correct the students’ answers after they had taken the exam; 2) bribing university athletic coaches and administrators—including coaches at Yale, Stanford, Georgetown, the University of Southern California, and the University of Texas—to facilitate the admission of students to elite universities under the guise of being recruited as athletes; and (3) using the façade of Singer’s charitable organization to conceal the nature and source of the bribes.   

1. College Entrance Exam Cheating Scheme

According to the charging documents, Singer facilitated cheating on the SAT and ACT exams for his clients by instructing them to seek extended time for their children on college entrance exams, which included having the children purport to have learning disabilities in order to obtain the required medical documentation. Once the extended time was granted, Singer allegedly instructed the clients to change the location of the exams to one of two test centers: a public high school in Houston, Texas, or a private college preparatory school in West Hollywood, Calif. At those test centers, Singer had established relationships with test administrators Niki Williams and Igor Dvorskiy, respectively, who accepted bribes of as much as $10,000 per test in order to facilitate the cheating scheme. Specifically, Williams and Dvorskiy allowed a third individual, typically Riddell, to take the exams in place of the students, to give the students the correct answers during the exams, or to correct the students’ answers after they completed the exams. Singer typically paid Ridell $10,000 for each student’s test. Singer’s clients paid him between $15,000 and $75,000 per test, with the payments structured as purported donations to the KWF charity. In many instances, the students taking the exams were unaware that their parents had arranged for the cheating.

2. College Recruitment Scheme

It is further alleged that throughout the conspiracy, parents paid Singer approximately $25 million to bribe coaches and university administrators to designate their children as purported athletic recruits, thereby facilitating the children’s’ admission to those universities. Singer allegedly described the scheme to his customers as a “side door,” in which the parents paid Singer under the guise of charitable donations to KWF. In turn, Singer funneled those payments to programs controlled by the athletic coaches, who then designated the children as recruited athletes – regardless of their athletic experience and abilities. Singer also made bribe payments to most of the coaches personally.

For example, during a call with one parent, Singer stated: “Okay, so, who we are…what we do is we help the wealthiest families in the U.S. get their kids into school…My families want a guarantee. So, if you said to me ‘here’s our grades, here’s our scores, here’s our ability, and we want to go to X school’ and you give me one or two schools, and then I’ll go after those schools and try to get a guarantee done.” 

As part of the scheme, Singer directed employees of The Key and the KWF to create falsified athletic “profiles” for students, which were then submitted to the universities in support of the students’ applications. The profiles included fake honors that the students purportedly received and elite teams that they purportedly played on.  In some instances, parents supplied Singer with staged photos of their children engaged in athletic activity – such as using a rowing machine or purportedly playing water polo.

3. Tax Fraud Conspiracy

Beginning around 2013, Singer allegedly agreed with certain clients to disguise bribe payments as charitable contributions to the KWF, thereby enabling clients to deduct the bribes from their federal income taxes. Specifically, Singer allegedly instructed clients to make payments to the KWF in return for facilitating their children’s admission to a chosen university. Singer used a portion of that money to bribe university athletic coaches to designate the children as student athletes. Thereafter, Masera or another KWF employee mailed letters from the KWF to the clients expressing thanks for their purported charitable contributions. The letter stated: “Your generosity will allow us to move forward with our plans to provide educational and self-enrichment programs to disadvantaged youth,” and falsely indicated that “no good or services were exchanged” for the donations. Many clients then filed personal tax returns that falsely reported the payment to the KWF as charitable donations.

The charge of racketeering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greater and restitution. The charge of conspiracy to commit money laundering provides for a sentence of up to 20 years in prison, up to three years of supervised release, and a fine of not more than $500,000 or twice the value of the property involved in the money laundering. The charge of conspiracy to defraud the United States provides for a sentence of no greater than five years in prison, up to three years of supervised release and a fine of $250,000. The charge of obstruction of justice provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charges of conspiracy to commit mail fraud and honest services mail fraud, and of conspiracy to commit wire fraud and honest services wire fraud, provide for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of 250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.

The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Appendix

1. William Rick Singer, 58, of Newport Beach, Calif., owner of the Edge College & Career Network and CEO of the Key Worldwide Foundation, was charged in an Information with racketeering conspiracy, money laundering conspiracy, conspiracy to defraud the United States, and obstruction of justice.  He is scheduled to plead guilty in Boston before U.S. District Court Judge Rya W. Zobel on March 12, 2019, at 2:30 p.m.;
2. Mark Riddell, 36, of Palmetto, Fla., was charged in an Information with conspiracy to commit mail fraud and honest services mail fraud as well as conspiracy to commit money laundering;
3. Rudolph “Rudy” Meredith, 51, of Madison, Conn., the former head women’s soccer coach at Yale University, was charged in an Information with conspiracy to commit wire fraud and honest services wire fraud as well as honest services wire fraud;  
4. John Vandemoer, 41, of Stanford, Calif., the former sailing coach at Stanford University, was charged in an Information with racketeering conspiracy and is expected to plead guilty in Boston before U.S. District Court Judge Rya W. Zobel on March 12, 2019, at 3:00 p.m.;
5. David Sidoo, 59, of Vancouver, Canada, was charged in an indictment with conspiracy to commit mail and wire fraud. Sidoo was arrested on Friday, March 8^th in San Jose, Calif., and appeared in U.S. District Court for the Northern District of California yesterday. A date for his initial appearance in federal court in Boston has not yet been scheduled.  

The following defendants were charged in an indictment with racketeering conspiracy:

6. Igor Dvorskiy, 52, of Sherman Oaks, Calif., director of a private elementary and high school in Los Angeles and a test administrator for the College Board and ACT;
7. Gordon Ernst, 52, of Chevy Chase, Md., former head coach of men and women’s tennis at Georgetown University;
8. William Ferguson, 48, of Winston-Salem, N.C., former women’s volleyball coach at Wake Forest University;
9. Martin Fox, 62, of Houston, Texas, president of a private tennis academy in Houston;
10. Donna Heinel, 57, of Long Beach, Calif., the senior associate athletic director at the University of Southern California;
11. Laura Janke, 36, of North Hollywood, Calif., former assistant coach of women’s soccer at the University of Southern California;
12. Ali Khoroshahin, 49, of Fountain Valley, Calif., former head coach of women’s soccer at the University of Southern California;
13. Steven Masera, 69, of Folsom, Calif., accountant and financial officer for the Edge College & Career Network and the Key Worldwide Foundation;
14. Jorge Salcedo, 46, of Los Angeles, Calif., former head coach of men’s soccer at the University of California at Los Angeles;
15. Mikaela Sanford, 32, of Folsom, Calif., employee of the Edge College & Career Network and the Key Worldwide Foundation;
16. Jovan Vavic, 57, of Rancho Palos Verdes, Calif., former water polo coach at the University of Southern California; and
17. Niki Williams, 44, of Houston, Texas, assistant teacher at a Houston high school and test administrator for the College Board and ACT.

The following defendant was charged in a criminal complaint with conspiracy to commit mail fraud and honest services mail fraud:

18. Michael Center, 54, of Austin Texas, head coach of men’s tennis at the University of Texas at Austin

The following defendants were charged in a criminal complaint with conspiracy to commit mail and wire fraud:

19. Gregory Abbott, 68, of New York, N.Y., the founder and chairman of a food and beverage packaging company;
20. Marcia Abbott, 59, of New York, N.Y.;
21. Gamal Abdelaziz, 62, of Las Vegas, Nev., the former senior executive of a resort and casino operator in Macau, China;
22. Diane Blake, 55, of San Francisco, Calif., an executive at a retail merchandising firm;
23. Todd Blake, 53, of San Francisco, Calif., an entrepreneur and investor;
24. Jane Buckingham, 50, of Beverly Hills, Calif., the CEO of a boutique marketing company;
25. Gordon Caplan, 52, of Greenwich, Conn., co-chairman of an international law firm based in New York City;
26. I-Hin “Joey” Chen, 64, of Newport Beach, Calif., operates a provider of warehousing and related services for the shipping industry;
27. Amy Colburn, 59, of Palo Alto, Calif.;
28. Gregory Colburn, 61, of Palo Alto, Calif.;
29. Robert Flaxman, 62, of Laguna Beach, Calif., founder and CEO of real estate development firm;
30. Mossimo Giannulli, 55, of Los Angeles, Calif., fashion designer;
31. Elizabeth Henriquez, 56, of Atherton, Calif.;
32. Manuel Henriquez, 55, of Atherton, Calif., founder, chairman and CEO of a publicly traded specialty finance company;
33. Douglas Hodge, 61, of Laguna Beach, Calif., former CEO of investment management company;
34. Felicity Huffman, 56, of Los Angeles, Calif., an actress;
35. Agustin Huneeus Jr., 53, of San Francisco, Calif., owner of wine vineyards;
36. Bruce Isackson, 61, of Hillsborough, Calif., president of a real estate development firm;
37. Davina Isackson, 55, of Hillsborough, Calif.;
38. Michelle Janavs, 48, of Newport Coast, Calif., former executive of a large food manufacturer; 
39. Elisabeth Kimmel, 54, of Las Vegas, Nev., owner and president of a media company;
40. Marjorie Klapper, 50, of Menlo Park, Calif., co-owner of jewelry business;
41. Lori Loughlin, 54, of Los Angeles, Calif., an actress;
42. Toby MacFarlane, 56, of Del Mar, Calif., former senior executive at a title insurance company;
43. William McGlashan Jr., 55, of Mill Valley, Calif., senior executive at a global equity firm;
44. Marci Palatella, 63, of Healdsburg, Calif., CEO of a liquor distribution company;
45. Peter Jan Sartorio, 53, of Menlo Park, Calif., packaged food entrepreneur;
46. Stephen Semprevivo, 53, of Los Angeles, Calif., executive at privately held provider of outsourced sales teams;
47. Devin Sloane, 53, of Los Angeles, Calif., founder and CEO of provider of drinking and wastewater systems;
48. John Wilson, 59, of Hyannis Port, Mass., founder and CEO of private equity and real estate development firm;
49. Homayoun Zadeh, 57, of Calabasas, Calif., an associate professor of dentistry; and
50. Robert Zangrillo, 52, of Miami, Fla., founder and CEO of private investment firm.

Attachment(s): 

Download Center_Complaint.pdf

Download Complaint.pdf

Download Indictment.pdf

Download Meredith_Information.pdf

Download Sidoo_Redacted_Indictment.pdf

Download Singer_Information.pdf

Download Vandemoer_Information.pdf

Download Riddell_Information.pdf

 

 

OECD Offers Revenue Officials International Tax E-Learning

The OECD’s Global Relation Programme offers tax officials from developing countries the necessary training to tackle today’s most pressing challenges in international taxation. These events are offered free of charge in three formats: face-to-face, blended learning and, soon, in e-learning.

 

The Global Relations Programme is launching the first OECD e-learning project: 13 e-learning courses covering 7 different topics related to international taxation will be open in 2019.   E-learning courses will be offered free of charge to government tax officials from all countries through the Knowledge Sharing Platform (KSP). These interactive courses will give participants a solid knowledge base on key topics of international taxation, providing a certificate to those who complete them successfully.   Download our flyer on e-Learning Courses on International Taxation. Learn more about the registration process with our KSP E-learning Quick Guide.

LIST OF E-LEARNING COURSES

Courses	Language	Registration
BEPS Minimum Standards	EN	Click here
BEPS Actions 2, 3, 4 and 12: Hybrids, Interests and CFCs	EN	Click here
Basic concepts of Transfer Pricing	EN/ES	Click here
Introduction to Transfer Pricing	EN/FR	Click here

 

Tentative list of e-learning topics available by the end of 2019 10 Global Principles: Fighting Tax Crime  Beneficial Ownership BEPS Action 5: Harmful Tax Practices Exchange of Information on Request Global Forum: A Tool to Combat Tax Evasion  Introduction to Tax Treaties Tax & Crime Toolkit for Addressing Difficulties in Accessing Comparables Data for Transfer Pricing Analyses  VAT

 

$200,000 year end associate bonuses at law firms for 2018?

"A handful of boutiques — a number of which were founded in recent years — are positioning themselves as desirable places to be for associates by offering up year-end bonuses topping out, in some cases, above $200,000, a tool experts say allows them to compete with larger and more established law firms for up-and-coming legal stars and, ultimately, clients."

Read the article and analysis here at Law360: Why Some Boutiques Doled Out Behemoth Year-End Bonuses

 

Effective Teacher Policies

A series of reports on the OECD’s Programme for International Student Assessment’s (PISA) periodic testing program on student performance. The reports generally compare student (15 year olds) academic performance across countries, or discuss the methodology used to gather the data.  see report here

Teachers are the most important resource in today’s schools. In every country, teachers’ salaries and training represent the greatest share of expenditure in education. And this investment in teachers can have significant returns: research shows that being taught by the best teachers can make a real difference in the learning and life outcomes of otherwise similar students. Teachers, in other words, are not interchangeable workers in some sort of industrial assembly line; individual teachers can change lives – and better teachers are crucial to improving the education that schools provide. Improving the effectiveness, efficiency and equity of schooling depends, in large measure, on ensuring that competent people want to work as teachers, that their teaching is of high quality and that high-quality teaching is provided to all students. This report, building on data from the Indicators of Education Systems (INES) programme, the Teaching and Learning International Survey (TALIS) and the Programme for International Student Assessment (PISA), explores three teacher-policy questions: How do the best-performing countries select, develop, evaluate and compensate teachers? How does teacher sorting across schools affect the equity of education systems? And how can countries attract and retain talented men and women to teaching?

American Bar Association Proposes One-Third Distance Education Credits For JDs

Under the proposal, Standard 306, which concerns distance learning allowed in J.D. programs, would change from an absolute number to a percentage of whatever credits a law school requires for graduation. If adopted, law schools could allow one-third of its required credits be taught online. The current rule limits the number of such credits to 15.  ... As proposed, the revised standard would effectively raise the number of credits for distance learning to at least 28 credit hours and, in many cases, 30 credit hours.  Read the ABA News here.

William Byrnes, an early nineties pioneer of distance education for law who founded the first online LL.M. acquiesced by the ABA and by SACS, shared, "I encourage faculty to think innovatively about online opportunities in the context of communication, learning, and community. There is certainly a value in residential learning via the development of diverse social communities.  Yet, merely putting persons together on campus is not in and of itself a learning community, and certainly does not guarantee diversity within the community.  It is how often the persons have incidence of meaningful interaction with each other and how they engage with each other during those interactions that impacts learning.  Studies have established that learning can be influenced by how a group interacts via support mechanisms.  Online, based on best pedagogical practices, has a significant, integrated role to play within legal education.  Merely being a passive residential student member of a group, such as a typical 30 - 60 student JD course,  does not affect learning.  Online technology can help solve some issues that all faculty recognize with pure residential education."

Byrnes continued: "Diverse social communities may potentially be created via online methods that do not require large capital expenditures on brick and mortar, and will achieve the same elements of social interaction.  By example of hybrid education with distance learning, the following residential activities may be employed:

• Regular residential study group meetings for peers-only, or with a moderator.
• Coordinated group social opportunities using on-campus facilities such as cafes, lounges, and even health clubs.
• Designed periodic on-campus learning and social experiences.
• Campus library designed for social interaction and collaboration.
• Enhanced student organization experiences."

"This proposal represents the recognition by the ABA that online courses are able to produce good learning outcomes for a student's development. And it is a big win for law schools that have geographic challenges for access to a robust legal career market," concluded Byrnes. "Schools that are in, and able to access, large legal markets like D.C. and New York City have less need to pursue distance education for pedagogical, community, and diversity reasons. But these schools may leverage online with externship credits to encourage transfers of the highest performing students from lower ranked schools."

Does Your Law School Course Offer "Regular and Substantive Interaction Between the Students and the Instructor" Or Is It Merely Correspondence? What Does the Department of Education Inspector General Say?

The Department of Education Inspector General released a report calling for the nonprofit Western Governors University to lose its access to federal financial aid and pay back over $700 million because its online courses were correspondence masquerading as distance education. Read the DOE report here - Download DOE regular interaction or lose accreditation report

What's the difference between distance education, which is eligible for Title IV financial aid accreditation, and correspondence courses which are not?  Regular and Substantive Interaction Between the Students and the Instructor. Read also previous blog post: Department of Education Releases Critical Report on ABA's Continued Recognition as Accreditor, ABA Withdraws Distance Education From Its Scope of Recognition

Excerpt from the current DOE report: 

In 2006, Congress provided that distance education courses (then referred to as telecommunications courses) would no longer be considered correspondence courses as long as the distance education courses offered by a school exceeded 50 percent of its total course offerings. Congress retained the restrictions on correspondence programs, prohibiting the use of Title IV funds for living expenses unless a program had a residential component. Schools also continued to be ineligible if courses offered by correspondence exceeded 50 percent of the total course offerings or student enrollment in correspondence programs exceeded 50 percent of total enrollment. Additionally, students enrolled in correspondence programs continued to be limited to a half-time Federal Pell Grant Program (Pell) award. In 2008, Congress further amended the HEA to require that distance education programs “support regular and substantive interaction between the students and the instructor.”

We concluded that Western Governors University did not comply with the institutional eligibility requirement that limits the percentage of regular students who may enroll in correspondence courses. Therefore, the Department should require the school to return the $712,670,616 in Title IV funds it received from July 1, 2014, through June 30, 2016, and any additional funds it received after June 30, 2016. Of the 61,180 regular students enrolled in the school’s courses during award year 2013–2014, at least 37,899 (62 percent) were enrolled in one or more courses that did not meet the Title IV definition of distance education. For each of the 102 courses required to complete the school’s 3 largest programs, we reviewed course design materials for evidence that each course was designed to offer regular and substantive interaction between students and instructors, the key requirement to be considered a course offered through distance education. We concluded that at least 69 of the 102 courses were not designed to offer regular and substantive interaction with an instructor and, therefore, did not meet the regulatory definition of distance education. Instead, these 69 courses met the Title IV definition of a correspondence course (34 C.F.R. § 600.2). None of these 69 courses could reasonably be considered as providing regular and substantive interaction between students and instructors. Course design materials for 32 of the 69 courses described no substantive interaction with an instructor. Course design materials for 27 courses described 1 substantive interaction with an instructor. Course design materials for 10 courses described 2 substantive interactions with an instructor. According to Section 102(a)(3)(B) of the HEA and 34 C.F.R. § 600.7(a)(1), a school is not eligible to participate in the Title IV programs if, for its latest complete award year, 50 percent or more of the school’s regular students were enrolled in correspondence courses. Because more than 50 percent of its regular students were enrolled in at least one correspondence course during award year 2013–2014, Western Governors University became ineligible to  participate in the Title IV programs as of June 30, 2014 (34 C.F.R. § 600.40(a)(3)).

Law Schools 2.0 Conference in D.C. Notes

Yesterday at Georgetown's conference center in Washington DC the stakeholders of legal education gathered by invitation to discuss the Future of Law Schools "Envisioning a More Collaborative Educational Model" and specifically Law Schools as career vehicles for the profession of Big and Regional Law, Corporate, Public Service, and Community Law.  With great appreciation from all those involved, Thomson Reuters Legal Executive Institute sponsored the event and collected all these stakeholders together for this discussion.

The stakeholders involved in discussion panels included the heads of recruitment of AmLaw 100 firms (e.g. DLA, Hogan Lovells) and AmLaw 250 (e.g. Finnegan, Womble Bond, Wiley, Williams Connolly) from around the United States, General Counsel of large legal department budgets (ADM with $100 million by example), Legal Service Providers (e.g. Thomson Reuters / West, Legal Services Corporation), LegalTech corporate leaders, the Deans of law schools (e.g. Penn, Georgetown, Florida, Howard, Pepperdine (retired, not Paul), Northwestern, Oklahoma) and NALP. 

Invitations were also extended to non-Dean leaders of legal education that have track records of innovation and deployment of successful models and courses that firms, government, and corporations consider as bridging the skills expectation gap of what is necessary for law in today's economy, whether serving large corporations, startups, community law, or public service law for the 75 percent of annually unrepresented persons involved in civil filings including such areas as landlord-tenant, family law, and debtors.  These leaders hailed from law schools such as Indiana (Bill Henderson), Chicago Kent (Daniel Katz), Suffolk (Gabriel Teninbaum), Hastings (Alice Armitage), Texas A&M (William Byrnes).

Panels addressed in a discussion format series of prepared questions drawn from the legal profession stakeholders allowing each other perspectives, what works, what is not working, overlapping concerns, and acknowledging disconnects without current commonly accepted solutions.  The entire audience of approximately 80 to 100 invitees became involved in each panel through floor questions and providing further perspective from the ABA, Legal Publishers, firms, and law schools. 

Schools like Chicago Kent, Suffolk and Georgetown already are addressing law firm and legal industry career needs regarding LegalTech capable lawyers, teaching courses and even LegalTech concentrations in coding, blockchain, technology development.  Leadership, design thinking, behavioral ethics, collaborative work projects, featured very high on the list of traits (and coursework) that firms and companies wanted students to have. 

The collaborative firm, industry, and (law) school integrated supply chain models were brought up by General Counsels because already being used within industry itself and in other disciplines such as medical schools and business schools.  Integrating law school faculty and curriculum into the early legal career is a new potential value proposition.  One commentary is that schools are trying to collect tuition for merely allowing students to undertake externships.  Students, firms, and companies are not perceiving faculty value in this externship model. 

Much discussion on the legal ecosystem (firms, clts, law schls) collaborating to fix these issues, and where breakdowns are occurring with vested interests.  Some drivers included legal services and the associated dollars continuing to move overseas and continuing to be automated with fewer places remaining each year for high salaried US lawyers able to afford high tuition education that pays for high faculty salaries. General community lawyers will be replaced in civil society with the equivalent of nurse practitioners who can afford to serve the middle-class and low-income economy because lawyers are already not serving the 75 percent of unrepresented civil litigants.  Other drivers of behavior such as tenure and US News ranking were also discussed in relation to these issues.  

Topics brought up during the discussions also included: integration of distance education, Socratic and other pedagogical methods, multidisciplinary and interdisciplinary education models, among many others.

Some bullet points raised and addressed during the discussions included - excerpted from the Twitter handle #FOLS17 comments:

• Top students are turning away from LSAT. Accepting GRE driven by market forces- getting talented students to consider law school
• Reform will come through re-integration of law school with the industry/profession.
• I heard a GC say her favorite outside counsel not only DON'T do that but give her answers in board-ready power point
• NALP: 3 years out, respondents weren't satisfied with the role law schools played in preparing them for their jobs.
• Legal Services Corp: In 75% of civil litigation today one or more litigants is unrepresented. 
• The world has gotten more specialized so why do we set the 1L year & then have 2 years with no academic guidance
• We treat access barriers as a bug in the system rather than a result of this system
• Will umbrella universities (of law schls) & student/consumers pay for 3rd yr of law school if just an externship?
• Lawyers/law students need to need to understand how to work with data & statistics to successfully work with clients
• ADM describes the process for selecting outside counsel - "one question we don't ask is where your people went to law school."
• Biggest barriers [to accepting technology] are law professors.
• Conundrum: young lawyers need to know they won't come in capable of doing everything/clients won't pay for lawyers who aren't.
• The big problem in legal education is in bridging this divide
• Core of law schl will be torts & con law, etc but now students must learn prof develop, leadership & other ways 2 solve probs.
• Technology is not just changing the way we do work but providing analytics that help drive decisions/substance of legal work
• Law schls have siloed themselves from other schls—but why, if we all train students to problem solve?
• There's a dearth of practical training for law students... and firms are expecting more practice ready associates
• Law schls could engage w/busin, design, engineer. & social work schls to help focus on the clt-user who is NOT a lawyer
• Firms want to partner with students to create new content/tech but can be hard to attract law students to data work
• Now law schools have to make the case for students to go to law school
• Law schools must shift & teach students how to partner with clients to help them solve problems.
• We need students w/great tech skills in practice Mgmt not writing appellate briefs
• If we're going to pay for associate labor at all we want to know [them] & they need to be able to sit around a table & contribute."
• Law schools could focus more on outcomes companies want but aren't getting & recalibrate curriculum to better deliver
• Suggested 4-yr career path/map to develop skills lawyers will need to serve client

 

The Future of Law Schools Envisioning a More Collaborative Educational Model (event in D.C. Thurs, Nov. 2 )

This November, the Thomson Reuters Legal Executive Institute proudly presents a timely and provocative examination of short- and long-term strategies toward effecting legal education reform on a national scale. Helmed by a distinguished faculty of prominent academics and practitioners, this forum provides concrete solutions in the spirit of collaborative growth. EVENT LOCATION: Georgetown University Hotel & Conference Center | Washington, DC Is the current legal education system sufficiently preparing the next generation of lawyers? Are legal employers truly satisfied with the overall quality and preparedness of recent graduates? What more can be done to help a) boost job prospects for newly minted lawyers and b) convince promising scholars that a legal education is worth the time and investment? Register today to hear from a number of esteemed institutions including: University of Pennsylvania Law School UC Hastings College of Law Georgetown University Law Center Texas A&M University School of Law Northwestern Pritzker School of Law Suffolk University School of Law University of Oklahoma College of Law Villanova University Charles Widger School of Law Howard University School of Law University of Florida Fredric G. Levin College of Law Pepperdine Law School And more!

Agenda For details or to register, call 1-800-308-1700. Seating is extremely limited.

Why You Should Attend This conference offers a practical & collaborative solution toward better preparing tomorrow's lawyers for a long and rewarding career. We are uniquely positioned to convene legal employers, educators, & current or recent law school students for earnest discussion around enduring change. Our discussion addresses the unique issues and challenges facing both national and regional law schools. As a long-standing legal ecosystem participant, Thomson Reuters delivers exclusive analytical insights and commentary buttressed by over a century's worth of industry experience on a global scale. Who Should Attend Law School Deans & Administrators Law Firm Hiring & Chief Talent Officers Law Firm & Corporate Human Resources Officers Law Firm Recruiting Directors & Managers Law Firm Partners & Associates General Counsel & Chief Legal Officers Legal Department Chief Operating Officers Law School Students & Recent Graduates

FTC Seeks Presentations from Students to Coincide with PrivacyCon 2018

To encourage the next generation of privacy and data security researchers to explore economic questions in privacy and data security, the Federal Trade Commission today issued a call for presentations from students to coincide with the agency’s third PrivacyCon conference on February 28, 2018.

The PrivacyCon Student Poster Session will coincide with PrivacyCon 2018, which will focus on the economics of privacy.

The Student Poster Session call for submissions seeks research and input on issues and topics that will be covered by PrivacyCon 2018. This includes research examining how to assess the greatest threats to privacy, ways for companies to weigh the costs and benefits of security by design techniques, and potential market solutions and failures related to privacy and security.

The Student Poster session is also aimed at encouraging interaction and discussion between experienced researchers and students. The session will provide students an opportunity to present and discuss their research and its relation to privacy and data security policy and law.

The deadline for the Student Poster submissions is December 15, 2017. More information about how to submit presentations and about PrivacyCon 2018 can be found on the event page.

Seeking Dean, Texas A&M University School of Law

Texas A&M University invites nominations and applications for the position of Dean of the Texas A&M University School of Law. The desired appointment date is July 1, 2018.

Texas A&M University is a tier‐one research institution and American Association of Universities member. As the sixth largest university in the United States, Texas A&M University is a public land-grant, sea‐grant, and space‐grant university dedicated to global impact through scholarship, teaching,
and service. The members of its 440,000 strong worldwide Aggie network are dedicated to the University and committed to its core values of excellence, integrity, leadership, loyalty, respect, and selfless service.

Located in Fort Worth, the Texas A&M University School of Law is one of 16 colleges and schools that foster innovative and cross‐disciplinary collaboration across more than 140 university institutes and centers and two branch campuses, located in Galveston, Texas and Doha, Qatar. Since joining the A&M family in 2013, the law school has sustained a remarkable upward trajectory by increasing its entering class credentials and financial aid budgets; shrinking the class size; hiring new faculty members, including nationally recognized scholars; and enhancing the student experience. Consistent with its mission, Texas A&M University School of Law integrates cutting-edge and multidisciplinary scholarship with first‐rate teaching to provide students with the professional skills and knowledge necessary for tomorrow’s lawyers. Texas A&M University School of Law faculty members and students play a vital role by providing their legal expertise to collaborations with other Texas A&M professionals to develop new understandings through research and creativity.

The next Dean of Texas A&M University School of Law should provide dynamic, innovative, and entrepreneurial leadership and vision to shape the school’s continued transformation into a model for future legal education. Candidates should have a Juris Doctorate and a scholarly record appropriate for appointment at the rank of tenured professor. Other candidates who hold distinguished records of professional and intellectual leadership or outstanding service to the community will also be considered. The successful candidate should be:

• committed to the school’s scholarly mission;
• a strong law school advocate who seeks cross‐unit collaborations with other university schools and colleges;
• a successful fundraiser who can obtain support for various programs and projects, including the Law School Building Project recently approved by The Texas A&M University System Board of Regents, as well as endowed faculty chairs, professorships, and student scholarships;
• an effective administrator with team‐building skills and a collaborative management style appropriate to a complex organization; and
• dedicated to community engagement and public service and experienced at external relations, including outreach to law firms, corporations, and foundations as well as government agencies, non‐profit organizations, and policy‐makers.

The Texas A&M University School of Law is located in the heart of downtown Fort Worth, a city known for a unique confluence of Texas history and renowned arts. Fort Worth enjoys a diverse business community, including energy, defense, international trade, and logistics as well as financial services. Just outside of downtown, Fort Worth has many neighborhoods with recognized schools a short distance from the law school. Fort Worth is known nationally as the home to the Bass Performance Hall, the Kimbell Art Museum, and the Amon Carter Museum of American Art, among others. The Trinity River flows through the city. It features over 40 miles of trails, providing access to the Fort Worth Botanic Garden, the Japanese Garden, the Fort Worth Zoo, and the historic Stockyards. The Fort Worth/Dallas metropolitan area has a total population of more than seven million. It offers a vibrant legal community that supports extensive federal and state court systems, including the Patent and Trademark Office, the Federal Reserve Bank, the National Labor Relations Board, the Environmental Protection Agency, and the Securities and Exchange Commission. Fort Worth/Dallas has one of the world’s largest airports. As one of the most desirable places to live and work in the United States, the metroplex has attracted many multinational corporations.

Applications should include a curriculum vitae, a cover letter including a statement of interest, and a list
of three references. Only nominations and applications received by November 17, 2017, are assured consideration. Nominations and applications received after November 17, 2017, may or may not be considered.

Applications and nominations should be submitted electronically in confidence to [email protected]. Applicant information will be kept confidential to the maximum extent allowable by law. Additional information and timeline can be found at http://lawsearch.tamu.edu.

Texas A&M University provides equal opportunity to all employees, students, applicants for employment or admission, and the public, regardless of race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, or gender identity.

Aggie Law in San Antonio Luncheon - Business Speaker Series - August 22 - Register Now!

Howdy, San Antonio!

 

You are invited to join Texas A&M University School of Law this coming Tuesday for the next event in our Texas A&M School of Law Business Lecture Series, a free series of lunchtime gatherings where Aggie Law faculty bring their practical expertise to the San Antonio business and legal communities. Lunch and seating are limited, but both will be provided free for those who register by 5:00 p.m. on Monday, August 21 or before all spaces are filled, whichever comes first.

 

Our featured speaker on Tuesday, August 22, 2017 will be Professor Randy D. Gordon, who brings some three decades of experience in representing business clients when he speaks on The Business of Managing Legal Relationships. Accomplishing business goals often turns on the effective management of relationships with lawyers across multiple dimensions: economic, temporal, and pragmatic. Come learn about both the challenges of legal relationships in a business setting and also how business professionals can set and manage the related expectations to achieve better outcomes where law and business intersect.

 

This exciting, informative, and free program will also highlight the September 2017 opening of the law school’s San Antonio Center, a facility that will house our Masters of Jurisprudence concentration in business, a graduate degree program designed from the ground up for working business professionals.

 

The August 22 event will be held from noon-1:30 p.m. at San Antonio’s Dominion Country Club (One Dominion Drive, San Antonio, TX 78257 ), and event registration is open online at http://law.tamu.edu/SA-programs.

 

Continuing Legal Education credit (0.5 hours) will be offered for Texas attorneys.

 

The application deadline for the September 2017 entering class in the San Antonio Masters of Jurisprudence program is August 25. Visit law.tamu.edu/sanantonio for more information or to apply.

 

Special scholarships are available for this first entering class.

 

We hope to see you for lunch on Tuesday, August 22!

Texas A&M Law Dean Dr. Andrew Morriss Joins Main Campus As its New 'Innovation' Dean

Texas Lawyer reports and interviewed Dean Dr. Andrew Morriss: 

Andrew Morriss oversaw the transformation and dramatic rise in the rankings of the former Texas Wesleyan School of Law into the Texas A&M School of Law.

Now, the university has a new challenge for Morriss: heading up a brand new School of Innovation at its main campus in College Station, a gig he will assume Aug. 1.

Read the interview here.

Read in Texas Lawyer how Texas A&M Law jumped into 2nd Tier in 3 years under the leadership of Dean Dr. Andrew Morriss.

William Byrnes: Presentation about Innovation and Pedagogy

Presentation about Innovation and Pedagogy (on YouTube)

India on April 22, 2017 broadcast on LiveStream