Law School Discussion

Graduation

Re: Graduation
« Reply #20 on: May 27, 2015, 01:13:17 PM »
Exactly and if someone went to Novus Law School and  held themselves out as a lawyer obtained payment and did not have a license to practice law then it would be a crime.

However, if someone gets a license to practice law in Texas with a Novus Degree then they are a licensed lawyer. I don't know if a Novus Grad could even get a license to practice law in Texas or anywhere, but if they did then they are a lawyer.

Additionally, there are countless City, County and Local Regulations that are never enforced. I am a City Attorney and know there are several misdemeanors in our Municipal Code that are completely illegal to enforce and we don't.   If a Novus Grad has been incarcerated for saying they attended a school that they attended then I really want to hear about it.

 I would be really interested to read more about, but I find it very unlikely that it has ever occurred. Even if it didn't occur as Novus if any student was arrested for simply attending any of the schools on that list please share it. I am sincerely interested to learn more about how that occurred, but again I doubt it has ever happened, but crazier things have happened in this world.





Re: Graduation
« Reply #21 on: May 27, 2015, 02:41:54 PM »
Exactly and if someone went to Novus Law School and  held themselves out as a lawyer obtained payment and did not have a license to practice law then it would be a crime.

Although I definitely agree with that statement, it does sound like the TX statute goes a little further. It seems to say that you can't use an unaccredited degree to obtain a financial benefit. So, if you applied for a job as a law professor and used an unaccredited degree as your qualification, then you'd presumably be in violation.

Here's where I think these kinds of rules would be really hard to enforce, though:

What if a guy applies for a job as say, an insurance adjuster and lists the Novus degree on his resume? He's not saying "Hire me because I'm a lawyer". In fact, the degree isn't even required for the job.

The prosecutor would have to prove that he listed the degree in order to get hired, and that his intent was to make the employer rely on the degree. At the very least you would have to establish that the defendant knew the employer was relying on the degree. That would be very hard to prove. If the employer calls the guy and says "What's this Novus degree?", and the guy simply says "It's an unaccredited law degree", then I think there is no violation at all. At that point there would be no intent.

Re: Graduation
« Reply #22 on: May 27, 2015, 03:03:06 PM »
Interesting analysis and again who knows.  I find it unlikely a prosecutor would take that case in the first place, but in the event a prosecutor did take the case, I believe there are several defenses. First and foremost it is restricting Freedom of Speech and Association., why can't you say you attended a school that you attended and why would you be prosecuted for associating with an institution.

I also think it would violate privileges and immunities particularly if there are licensed  NOVUS lawyers out there.  It could also be considered a regulatory taking. If X student paid the tuition, spent the time etc and had this education and was penalized for earning it that could also be an issue.

Then as a low test as it is what is the rational basis for preventing someone from saying they attended a school they actually attended.

 There are so many issues with that law as applied, which is why I would be fascinated to hear of any actual case where someone was prosecuted for attending Novus or any of the schools mentioned in that list. I find it highly unlikely it has ever occurred, but again if there is an actual case I would love to read about it.


Re: Graduation
« Reply #23 on: May 27, 2015, 03:47:30 PM »
Your story involves a Professor who said he attended a University and earned a Doctorate, but he never attended the University or earned a doctorate. He went on to create a forged diploma. That is obviously a crime.

However, attending Novus Law School and saying you attended Novus Law School is a not a crime.

I was actually very interested in learning about Novus Grads being prosecuted for telling the truth on their resume, but it was a pointless exaggeration. The internet is well known for pointless exaggerations and it is probably good for boards like this. 

Seriously, if you do hear of Novus Grads going to jail for saying they attended a school they actually attended please share on this thread.
holy...........*&^%.................you know there were other parties posting here too right? You read their stuff right? You realize (again, I spoon feed it to you AGAIN) that I responding to MULTIPLE topics right?????
-And AGAIN I listed how it CAN get you arrested using Novus (full link and everything)

I give up man. Enjoy life.

Re: Graduation
« Reply #24 on: May 27, 2015, 03:48:54 PM »
Two points:

1) The FL story is inapplicable because that guy clearly lied about having any degree, not just an unaccredited degree. The intent to deceive was obvious.

2) The TX statute you cited pretty much backs up what I posted earlier: if you use an unaccredited degree to gain pecuniary benefits or to otherwise deceive, then you have committed a crime in certain jurisdictions. In other jurisdictions, it would be totally fine.

Even in TX, however, just listing the degree does not appear to be a crime. You would have to somehow use the title to gain a financial benefit. Don't worry, when you go to law school they will teach you how to read statutory language.   
1. That is applicable to the side topic of "resumes are mere puffery, you can't go to jail for lies on a resume" that was posted. (as I clearly spelled out)
2. I agree with what you wrote for #2, we are in total agreement (and always have been) on this part.

Re: Graduation
« Reply #25 on: May 27, 2015, 04:16:15 PM »
All I  asked for was an actual case where someone went to jail. There is probably a statute out there that says you can go to jail for using expletives on the internet so hypothetically you could go to jail for that. You made a claim of Novus Grads possibly going to jail for attending Novus. I am seriously interested in hearing about that or anyone every going to jail under the law you mentioned.  Not trying to be a smart-ass or anything, but there are numerous unconstitutional laws on the books and what you cited seems unconstitutional, but I have been wrong before.

Again, I am genuinely interested in hearing about any Novus Grad or a graduate of any of the schools mentioned in the link you posted actually going to jail.













Re: Graduation
« Reply #26 on: June 01, 2015, 08:36:45 PM »
IMO law book salesmen, bar exam failures, questionable Nigerian attorneys and disbarred attorneys are the only ones who routinely use the JD suffix.  So I don't see why a Novus graduate couldn't use the title.

Re: Graduation
« Reply #27 on: June 01, 2015, 09:39:53 PM »
Not sure why I bothered to read the same stuff in a loop (shame on me I guess :P)

I refer you to my previous posts (in a never ending loop)