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May 22, 2013


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John Brown's Body

Students applying for law school should have to sign a waiver agreeing that they are signing up for a program which likely sets them up for a personality-destroying 3 years under the thumb of petty tyrants calling themselves professors and deans. They should also have to sign a waiver acknowledging that the legal job market has collapsed, and the chances of getting a legal job are at best 50-50. If you think your profession (a thieves guild) is immune to market forces, you are wrong.

You will all soon see just how wrong you are.

Jeff Matthews

Not even close. That is an analysis which fails because it puts too much emphasis on an assumption that the language is part of the bargain. It's not.

The reason consumers sign this kind of language is because they are busy. They don't have time to sit and read all the fine print and think about it. They tend to catch some main parts of the "bad" points here and there when they take their 5-second glance down the list of "what's included" before they sign. And when they see this stuff, they are still too busy and focused on closing the deal and moving on - they have to go buy groceries, pick up the kids, get back to work, etc. It's time to move on. They aren't going to stop and haggle. They aren't going to kill the deal and try to find something else somewhere else which provides the thing they want but without the onerous terms. That would require them to spend an inordinate amount of time trying to find a toaster without a warranty that limits remedies to repair and replacement.

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