Thursday, September 29, 2016
A good, substantive discussion of the Choudhry case at Berkeley and the values of due process that are at stake...
Wednesday, September 28, 2016
Here's a list of 76 faculties that might have some claim on having one of the 50 strongest law faculties in terms of scholarly distinction (with apologies to any wrongly omitted). Have fun! Detailed ballott reporting will make attempts at strategic voting obvious, so don't! I'll call out your school! Remember, this is about the scholarly distinction of the faculties, so if all you know is the U.S. News rank, don't complete the survey, or choose "no opinion" for those schools!
BAD BEHAVIOR WATCH: Remarkably, 4 people have ranked Arizona State ahead of Yale! I wonder where they teach? By way of comparison, only 3 people ranked Columbia ahead of Yale (though 5 did give that edge to Berkeley)--at least this voting is defensible, depending on one's benchmarks for scholarly excellence. ASU is one of the top regional law schools in my judgment, but there's no honest ordering in which it comes out ahead of Yale. (I use Yale as the comparison only because that's easy to read off the data, since Yale is currently #1--when Harvard was #1, the pattern was similar.) If you want to get a sense of attempted strategic voting, take a look at how much schools lower down the list lose to Yale by: most lose in a shut-out, but several, including ASU, do not. Tsk, tsk!
Tuesday, September 27, 2016
Choudhry's lawyers file motion for a preliminary injunction against Berkeley's second disciplinary procedure against him
You can read it here: Download 2016-09-22 PL Motion in Support of Preliminary Injunction - Doc No 13.
I'm glad they've taken this step. Berkeley has been out of control in this matter, and needs a federal judge to intervene.
(Thanks to Sam Issacharoff for the pointer.)
Monday, September 26, 2016
The Midwest was hit slightly harder by the downturn in applications than other parts of the country, but still this chart shows where we are from the 2010 peak, and also that many schools are recovering a bit. (2010, it is important to remember, was the peak for applications and enrollments.)
Thursday, September 22, 2016
Tennessee Law Prof. Glenn Reynolds--aka, "InstaIgnorance" as I used to call him back in the day--has Twitter account suspended after encouraging motorists to run down protesters in Charlotte
Several readers have flagged this story for me. Reynolds is a benighted soul, alas. A criminal law colleague calls to my attention:
TN Code § 39-12-102 (2015)
(a) Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation.
(b) It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic.
I doubt there will be a prosecution, but who knows? His real mens rea is more likely "dumb and insensitive" than "malicious."
UPDATE: Lawyer Jason Walta writes:
I'm kind of bemused by the seemingly shocked response of the chancellor and law dean. Have these people never met Glenn Reyonolds? Were they previously unaware that he's on faculty there?
The fact of the matter is that this stuff is Reynolds's entire métier, stretching back to when he called for vigilante executions of "looters" during Katrina or lauded William "Gosh I didn't mean to shoot my wife in the head" Burroughs as some kind of Second Amendment hero.
Tuesday, September 20, 2016
Blog Emperor Caron has been tracking this--one might start here. One peculiarity of the critical analysis of the tax program by UF faculty member Robert Rhee is that, in discussing the Sisk data on faculty citations, he fails to note (at least not that I saw) that tax is a low-citation field compared to corporate or constitutional law or just about every other field! That does lead me to wonder about the reliability of other parts of his analysis.
Meanwhile, the drama continues here, with Rhee replying to a colleague. I must admit, the spectacle of this debate about a school's program playing out on blogs is an embarrassment by itself. Between the Blog Emperor and the perpetually aggrieved Jeffrey Harrison (who naturally, has been weighing in on this affair), also a UF faculty member, Dean Rosenbury has her hands full! Florida was fortunate to get a Dean of this caliber, folks there should behave better!
Monday, September 19, 2016
They did a nice job putting it all together. The only open question that emerges after watching this is: how many of the Adelsons will be indicted? I think it's also worth noting that the Tallahasee police really did an impressively, thorough investigation that solved this crime. In the aftermath, I heard a lot of bad-mouthing of the local police, but in fact it's clear they did outstanding police work. One crucial aspect of the rule of law is that serious crimes, like murder-for-hire, are thoroughly investigated and wrongdoers identified, and that seems to be what happened here.
Thursday, September 15, 2016
Hardly surprising given Berkeley's bad behavior: in addition to his due process claims (where his claims, I think, are strong), he is also suing them for violating equal protection because of his ethnic and national status. I'm inclined to think that probably did not play a role in Berkeley's bad behavior, but he's quite right to make that claim under the circumstances.
UPDATE: I've now reviewed the complaint, which is nicely done. I think the equal protection claim is, in fact, a brilliant strategic move, since it puts at issue how Berkeley has treated Caucasian faculty found guilty of far worse violations of the sexual harassment policies of the university; if the lawsuit proceeds, all of that "dirty laundry" will be aired in public. This will give Berkeley additional reason to reach a settlement, quite apart from the fact that the renewed pursuit of Prof. Choudhry is obviously motivated by political considerations and an attempt to improve the University's legal status in the lawsuit brought by Ms. Sorrell, Prof. Choudhry's former assistant.
Wednesday, September 14, 2016
The decision not to arrest or indict Dan Markel's former brother-in-law and his girlfriend in connection with his murder-for-hire
MOVING TO FRONT FROM SEPTEMBER 9: SOME INTERESTING COMMENTS, MORE WELCOME
The latest from the local Florida newspaper. I'm curious to hear what my readers with relevant expertise think: is there really not a very good circumstantial case here? And without it, how will the motives of the killers awaiting trial be established?
Submit comments only once, they may take awhile to appear.
ADDENDUM: One wonders if the Markel family will bring a civil action against the Adelson family (though probably not against the mother of their grandchildren, who seems the least implicated in all this given the circumstantial evidence).
ANOTHER: Here's the full police account of the evidence implicating Charlie Adelson. It's extremely damning, and also suggests that the Adelson parents knew about this too. Why haven't Garcia or Rivera flipped? One possibility is they haven't been offered enough of a deal to make it worthwhile. Garcia also has a very strong reason not to flip, namely, that the person who was the go-between for Adelson and Garcia is the mother of Garcia's children: she goes down with Adelson if Garcia flips. Rivera may not know as much, and in any case, is already serving time in federal prison on drug charges. And for some insight into Wendi Adelson, see the section on "Changes of Children's Names," and the gratuitous insult that she inflicted on the Markel family. All of which reminds me of the now horrible irony in retrospect of this post. What a nightmare.
9/10 UPDATE: More on the tension between the police and the state prosecutor, plus talk of getting the feds involved in a prosecution effort.
Tuesday, September 13, 2016
MOVING TO FRONT (ORIGINALLY POSTED 2011)--STILL RELEVANT (I did not update the link to the thread)
PrawfsBlawg hosts many informative threads related to the job market, to which we often link, but this one still seems to me counter-productive, and I continue to urge our candidates to ignore it. The problem is not the misinformation (though there is always some, whether malicious or inadvertent), but that the "information" posted is always woefully incomplete, and so tends to increase the anxiety or blood pressure of other candidates for no good reason. Imagine, you are a job seeker working in IP, and you see that some anonymous soul posts on this thread that the University of My Dreams (UMD), which is hiring in IP, has called to schedule an interview, and yet you have heard nothing! Panic sets in. Of course, anonymous soul usually doesn't voulnteer that s/he has a significant other on the UMD faculty, or that s/he is a diversity candidate in a year when UMD is desperate to increase the diversity of its faculty, or that s/he went to school with a key member of the hiring committee, and so on. Most schools schedule interviews over a period of several weeks, and the vast majority of interviews won't be scheduled until later in September. Bear that in mind should the temptation to look at this incomplete information prove irressistible, and also bear in mind that behind each anonymous posting there is often more of a story than simply, "I got an interview with UMD."
Monday, September 12, 2016
MOVING TO FRONT FOR LAST TIME THIS SEASON: Two of our alums on the market recently had their job talk papers accepted for publication, one at Stanford Law Review, the other at Northwestern University Law Review. Please feel free to contact me for more information.
UPDATE: In the 2nd FAR distribution, we have a new Chicago candidate on the market with strong interests and credentials in a wide range of business law areas, who is also willing and able to teach the basic tax course. Please contact me for more information about him or any of our other candidates, below.
This post is for schools who expect to be hiring this year.
In order to protect the privacy of our candidates, please e-mail me at firstname.lastname@example.org to get a copy of the narrative profiles of our candidates, including hyperlinks to their homepages. All these candidates will be in the first FAR distribution.
We have an excellent albeit small group of candidates this year, who cover many areas: criminal law/procedure/justice, property, land use, local government, administrative law, environmental law, constitutional law, evidence, military law, national security law, law & economics, empirical legal studies, federal courts, civil procedure, appellate advocacy, torts, and professional responsibility.
Our candidates include former Supreme Court clerks; Law Review editors; JD/PhDs and LLM/SJDs; and accomplished practitioners as well as scholars. All have publications and writing samples.
If when you e-mail, you tell me a bit about your hiring needs, I can supply some more information about all these candidates, since we have vetted them all at some point in the recent past.
Thursday, September 8, 2016
As I've done in the past, I'm posting a list of the visiting professors (who hold university appointments elsewhere) at the top six law schools, the schools that are "top six" by almost all measures of faculty quality--which are also the schools that also typically have the most visiting professors on a regular basis. While many visiting stints are made with an eye to possible permanent appointment, not all are; some are so-called "podium" visits, which aim to fill an immediate teaching need at the school. By my calculation, for example, less than 5% of the visits last year resulted in (or are in process of resulting in) offers of permanent employment--perhaps a slightly higher percentage of the non-podium visits resulted in such offers. Often visitors from local schools in the area are invited for podium visit purposes--though some "locals" may also be "look-see" visitors, i.e., under consideration for appointment. NYU also has a fair number of "enrichment" and "global" visitors, well-known senior folks who are keen to spend some time in New York, but who aren't necessarily interested in, or being considered for, lateral moves. (Columbia gets some of these folks too.) From the outside, of course, it's very hard to tell all these apart, so here, without further comment, are the visiting professors for 2016-17; please e-mail me about omissions or corrections (though I'm hopeful this is the final version).
Please note that not every visit, below, is for the entire academic year; indeed, my guess is at least half are not, meaning students can expect many of these faculty to *also* be teaching at their home institution. In the case of HLS, many of the visitors come in the Winter Term, i.e., just the month of January.
Columbia Law School
Yishai Beer (Radzyner Law School)
Albert Choi (University of Virginia)
Sherman Clark (University of Michigan)
Rosalind Dixon (University of New South Wales)
Sean Farhang (University of California, Berkeley)
David Gilksberg (Hebrew University, Jersualem)
Alexander Greenawalt (Pace University)
Assaf Hamdani (Hebrew University, Jersualem)
Solangel Maldonado (Seton Hall University)
Florencia Marotta-Wurgler (New York University)
Jason Parkin (Pace University)
Eric Posner (University of Chicago)
Catherine Powell (Fordham University)
Jedediah Purdy (Duke University)
Cristina Rodriguez (Yale University)
Rose Villazor (University of California, Davis)
Harvard Law School
Robert Anderson (University of Washington)
Matthew Bodie (Saint Louis University)
Khiara Bridges (Boston University)
Stuart Brotman (Communications & Journalism, University of Tennessee, Knoxville)
Kristen Carpenter (University of Colorado, Boulder)
Amy Cohen (Ohio State University)
Daniel Coquilette (Boston College)
Ashley Deeks (University of Viriginia)
Bala Dharan (Management, Rice University)
Mark Greenberg (University of California, Los Angeles)
Jamal Greene (Columbia University)
Rebecca Hollander-Blumoff (Washington University, St. Louis)
Leslie Kendrick (University of Virginia)
Alison LaCroix (University of Chicago)
Sanford Levinson (University of Texas, Austin)
James Liebman (Columbia University)
Catharine MacKinnon (University of Michigan)
Nina Mendelson (University of Michigan)
Michael Meuerer (Boston University)
Abigail Moncrieff (Boston University)
Rachel Moran (University of California, Los Angeles)
Douglas NeJaime (University of California, Los Angeles)
Christopher Nicholls (University of Western Ontario)
Jonathan Rapping (John Marshall Law School, Atlanta)
Chaim Saiman (Villanova University)
Hillary Sale (Washington University, St. Louis)
James Salzman (University of California, Los Angeles; Environmental Science, University of California, Santa Barbara)
Kim Scheppele (Wilson School, Princeton University)
Joanna Schwartz (University of California, Los Angeles)
Ted Sichelman (University of San Diego)
Alexander Stein (Brooklyn Law School)
Rebecca Stone (University of California, Los Angeles)
George Triantis (Stanford University)
Alain Laurent Verbeke (University of Leuven; University of Tilburg)
Pierre-Hugues Verdier (University of Virginia)
Rhonda Wasserman (University of Pittsburgh)
New York University School of Law
Anne van Aaken (University of St. Gallen)
Richard Brooks (Columbia University)
Robert Frank (Graduate School of Management, Cornell University)
Christsopher Geiger (University of Strasbourg)
Kon Sik Kim (Seoul National University)
Michael Klausner (Stanford University)
Martti Koskennieme (University of Helsinki/London School of Economics)
Christopher Robertson (University of Arizona)
Holger Spamann (Harvard University)
Symeon Symeonides (Willamette University)
Dirk Van Zyl Smit (University of Nottingham)
Richard Vann (University of Sydney)
Stefan Vogenauer (Max Planck Institute for European Legal History)
Tuesday, September 6, 2016
Monday, September 5, 2016
As noted previously, this was the smallest FAR--382 applicants--in decades. Two other striking data points: more than 100 of those 382 applicants have a PhD; and only three are former Supreme Court clerks (two of those three are our candidates!). How might those data points be connected? Here's an hypothesis: the now astronomical big firm signing bonuses for SCOTUS clerks--$300,000 in some cases--are keeping them in practice in greater numbers; by contrast, JD/PhDs are training for academia, and so are making up a bigger and bigger share of the candidates.
Thursday, September 1, 2016
MOVING TO FRONT--ORIGINALLY POSTED AUGUST 1, 2016
These are non-clinical appointments that will take effect in 2017 (except where noted); I will move the list to the front at various intervals as new additions come in. (Recent additions are in bold.) Last year's list is here.
Reuven S. Avi-Yonah (corporate tax, international tax) from the University of Michigan, Ann Arbor to the University of California, Irvine.
*Nicolas Cornell (contracts, law & philosophy) from the Wharton School at the University of Pennsylvania to the University of Michigan (law) (untenured lateral).
*Kurt Lash (constitutional law) from the University of Illinois to the University of Richmond.
This is based on the first FAR, and includes SJDs and LLMs, as well as JDs:
Harvard University (35)
Georgetown University (31)
Yale University (26)
New York University (25)
University of Michigan (18)
Columbia University (16)
Northwestern University (14)
Stanford University (12)
University of California, Berkeley (12)
University of Pennsylvania (9)
George Washington University (8)
Cornell University (6)
University of Texas, Austin (5)
University of Virginia (5)
Duke University (4)
University of Wisconsin, Madison (4)
Emory University (3)
University of California, Los Angeles (3)
University of Chicago (3)
University of Minnesota, Twin Cities (3)
As I noted, this is an unusually small contingent for Chicago this year (we usually have 6-10 candidates), but we do work closely with the vast majority of our alums to time their entry to the teaching market when they can put their best feet forward. Based on past success rates, I fear some schools may have too many graduates on the market.
Wednesday, August 31, 2016
An article surveying the back-and-forth. If the ABA's accreditation power were revoked, then, as I understand it, law students would not be able to access federal loans for education at ABA-approved schools. This would be so disruptive for thousands of students that it's hard to imagine the Dept. of Education taking that step. I suppose they are looking for signs that, e.g., the ABA will enforce its own bar passage requirements for accreditation.