Brian Leiter's Law School Reports

Brian Leiter
University of Chicago Law School

A Member of the Law Professor Blogs Network

Thursday, July 31, 2014

Leila Sadat's "Crimes Against Humanity Initiative" to be taken up by U.N.

Story here.


July 31, 2014 in Of Academic Interest | Permalink

Wednesday, July 30, 2014

Petition in support of Hanoch Sheinman

I would urge readers to sign this well-crafted petition in support of Prof. Sheinman, drafted by lawyer/philosopher Matthew Kramer (Cambridge) and philosopher Sergio Tenenbaum (Toronto).

UPDATE:  An editorial in Haaretz criticizes the Bar-Ilan Dean, rightly so.


July 30, 2014 in Faculty News, Of Academic Interest | Permalink

Tuesday, July 29, 2014

Another Israeli legal academic in the news, this time for sending an e-mail expressing some recognition of the suffering in Gaza (but not only there)

I am grateful to Prof. Ariel Katz (Toronto) for translation of the pertinent parts of this news item concerning Prof. Hanoch Sheinman, a well-known legal philosopher at Bar-Ilan University.  Prof. Sheinman sent an e-mail announcing another exam date to his students.  The message opened by expressing the hope that the message,

finds you in a safe place and that you, your families and friends...are not among the hundreds of people killed, thousands injured, or the tens of thousands whose homes were destroyed or forced to leave their homes during or as a direct result of violent conflict in the Gaza Strip and the surrounding area.

The Dean at Bar-Ilan was “shocked” and called the email “highly offensive”. The Dean announced that the,

Letter from Professor Scheinman - both content and style – is contrary to the values ​​of the University and the Faculty of Law. The Faculty of Law champions the values ​​of pluralism, tolerance and freedom of expression, but the inclusion of positions [such as those expressed in Prof. Scheinman’s email] in an administrative notice sent by Professor Scheinman to students regarding examinations is not an exercise of academic freedom or freedom of personal expression in every way acceptable. This is abuse of power by a lecturer who exploits his position as a jurisprudence teacher to send messages reflecting his views, which are highly offensive to the feelings of students and their families.  

I agree with the Dean that this is not an issue of academic freedom, but his response to the benign recognition that many people are suffering and Prof. Sheinman's hope that his students are not among them is bizarre.  As Prof. Katz wrote to me, "I guess this is what it looks like when a democracy is losing its mind."


July 29, 2014 in Faculty News, Of Academic Interest | Permalink

In Memoriam: Cheryl Hanna (1966-2014)

A scholar of legal issues related to gender, she was professor at Vermont Law School, well-known in Vermont and elsewhere for her public commentary on legal issues.  There is an informative news item about her career here.


July 29, 2014 in Memorial Notices | Permalink

Saturday, July 26, 2014

More on the murder of Dan Markel

An unusually informative piece from a Miami newspaper, with new (to me) details about the murder and his acrimonious divorce.  This bit, however, was rather surprising:

But Markel also had critics, including some conservative bloggers and law-school skeptics who complained PrawfsBlawg failed to challenge the legal establishment.

In 2012, Markel was the subject of an anonymous comment on the blog Inside the Law School Scam.

“Bullies like this need to be made radioactive,” the writer said, alleging Markel had deleted anonymous comments on PrawfsBlawg. “Their arrogance and imperiousness speaks for itself. All means necessary must be employed.”

A Florida State spokeswoman declined to say whether  Markel had reported the incident to the university or had raised concerns about his safety.

That comment comes, of course, from the blog of Crazy Campos, who certainly did his best to incite hatred and calumny against many academics, including Dan Markel.  But it seems a stretch to connect this blog comment with the heinous crime!  One wonders how the reporter dug this up out of the bowels of cyberspace?

UPDATE:  More gruesome details:  the killer was waiting for him, shot him through the window of his car while he was talking on the phone.  Earlier reports that he knew the killer seem to have been mistaken.


July 26, 2014 in Memorial Notices | Permalink

Wednesday, July 23, 2014

12 Israeli international law scholars weigh in on the legality of cutting off electricity and water to Gaza

A propos the debate noted last week, 12 Israeli scholars have weighed in on the legal question.

(Thanks to David Enoch for the pointer.)

UPDATE:  My colleague Eric Posner weighs in, disagreeing with the preceding legal analysis.


July 23, 2014 in Of Academic Interest | Permalink

Tuesday, July 22, 2014

Bargain tuition leads to notable initial applicant pool for new U North Texas law school

Story here.  At roughly 14K per year that's going to put some real pressure on SMU and Texas Wesleyan (now Texas A&M) which are significantly more.


July 22, 2014 in Legal Profession, Of Academic Interest | Permalink

Saturday, July 19, 2014

In Memoriam: Dan Markel (1972-2014)

I am very sorry to report the horrible news that Professor Markel, a well-known criminal law scholar and theorist at Florida State, has died, apparently murdered during an attempted robbery of his home in Tallahassee on Friday.  (The details are unclear at this point, I will post more as soon as I know more.)

UPDATE:  This news item confirms that he was shot and died of the gunshot wound.  The circumstances of the shooting and the perpetrator remain unspecified.

ANOTHER:  From what colleagues at FSU tell me, Prof. Markel was murdered after opening the door of his home, though whether as part of a robbery or something else is unclear.  It's just ghastly.

AND ANOTHER:  His colleagues at PrawfsBlog have posted a memorial notice, and the thread is open for remembrances and condolences.

MORE:  Local police have confirmed they are investigating the crime as a homicide, without any mention of robbery, attempted or otherwise.

JULY 21:  Local police now confirm that Prof. Markel's murder was "targetted," not a random act of violence.  I would imagine there are a rather limited number of people with the requisite motive, so we may hope a perpetrator of this heinous crime will be apprehended soon.

ANOTHER UPDATE:  I did not know Dan Markel nearly as well as many others who have written movingly about him (see, e.g., here, and here and here).  We met a couple of times, I knew a bit about his criminal law scholarship, and we corresponded periodically, often about legal academia and "blog stuff."  One thing I always liked about Dan was his forthright manner and his ethical standards, so rare in the blogosphere.  During his years of running the successful Prawfs blog, he was always good about moderating comments and deleting nonsense, and never hesitated to identify, expose and, if necessary, ban cyber-miscreants; he succeeded in making Prawfs a place where a serious, adult discussion could actually sometimes take place in cyberspace!  He was feisty and principled, and admirably so (I felt that way even when I disagreed with the principles!).  In addition to his collegial and scholarly constrributions (to which the many on-line testimonials attest), he also made the "blawgosphere" a better and more interesting place.  Like so many others, I deeply regret his passing and extend my deepest condolences to his colleagues, his family and his many close friends.

AND MORE:  The FSU memorial notice is here.

A FINAL UPDATE:  Based on the latest reports from police, it is clear that Prof. Markel was the victim of a pre-meditated murder.  Who was behind it is still unknown, but I suspect there is quite a lot that is not yet known.


July 19, 2014 in Memorial Notices | Permalink

Thursday, July 17, 2014

More on a controversial legal opinion about Israel's options in Gaza: Professor Bell responds and corrects the record (UPDATED: Prof. Enoch replies)

Avi Bell (Bar-Ilan & San Diego) writes:

I saw your posting on my short paper on Israel’s legal duties to supply electricity to the Gaza Strip.

I understand that you have been in contact with David Enoch, who may not have fully appraised you of the facts.

I have written about the legal subject several times in past years: here http://jcpa.org/article/is-israel-bound-by-international-law-to-supply-utilities-goods-and-services-to-gaza/ and here http://kohelet.org.il/uploads/file/Israel%20May%20Stop%20%20Supplying%20Water%20and%20%20Electricity%20to%20Gaza%20-%20a%20Legal%20Opinion%20by%20Prof_%20Avi%20Bell.pdf, for example.

None of the material I have written on the subject is classified, and it has always been open to all to read, and reflective of my opinion of the law.

Several days ago, an article appeared in Haaretz written by a reporter who had not contacted me that incorrectly reported that I had “authorized” steps by Israel in a report prepared for a classified Knesset committee on the subject (apparently the English translation of the article dropped the claim that the work was classified). I have not produced a classified report. I have no position in the Israeli government allowing me to authorize any steps; I work for the state of Israel only in the sense that I am a faculty member of a state school. I do not have the security classification to participate in classified Knesset committee hearings. I did not prepare any writing for a committee hearing on the subject. In fact, I did not know, and still do not know if there ever was a Knesset committee hearing on the subject, or if one was even planned.

I found out about the newspaper article by receiving a carbon copy of a posting David Enoch made in a Hebrew University listserv to which I have no access as I am not a member. In the posting, David criticized me for the content of the “classified report” (apparently, the reporter was referring to the second of the above short pieces) and, in the last part of his posting, addressed to me directly, demanded that I deny the content of the newspaper article (about which I had not known until receiving the copy from David), lest he be forced to respond, creating unspecified consequences in the international academic legal community.

I invited David several times to have a substantive discussion about the piece in a forum which was open to us, without the threats. Repeatedly, he did not assent. All our mails were addressed to each other and the listserv. After four rounds, the moderator of the listserv informed me that none of my mails had been or would be posted on the listserv. I forwarded that email to David. I did not hear from him thereafter.

I did not refuse to forward David any of my writings, and I presume he is sufficiently skilled in Google to find them on his own in any event.

I believe that the legal opinions I wrote are more reflective of mainstream thinking on the subject than David appears to think, though, of course, in the best spirit of academic exchange, I think there’s nothing wrong with us disagreeing about what the law says. Likewise, I don't think there's anything wrong with out-of-the-mainstream views. I welcome feedback on my legal analysis, and have received a number of interesting comments so far, some in agreement, and some not....

As a matter of policy, I would suspect that most people – including most Israelis – would oppose a policy of Israel suddenly cutting off Israeli-supplied electricity and water to the Gaza Strip (which, if memory serves, is about two-thirds of the electricity and one sixth of the water used by Gaza). In fact, I think many of the policy arguments against cutting off electricity and water have merit, but that, of course, is not the question I addressed in either of the pieces. In fact, several weeks ago, I was asked in an interview whether I support cutting off electricity to Gaza, and I unequivocally answered that I would not recommend doing it. The fighting, and its adverse effects on innocent civilians, is nothing less than a tragedy, and I am chary of recommending too strongly courses of action that seem likely, no matter what is done, to result in harming the innocent.

You can do with this information as you wish. On the one hand, I think it is important to protect my good name from David’s attacks. On the other hand, I...don’t want to get into a mud-slinging fight. I did feel it important to convey to you an accurate picture of events because your opinion is valuable to me, and I hold you in highest possible esteem, as I’m sure you know.

UPDATE:  Professor Enoch writes in response:

Avi Bell denies many things – not the important ones, though, and mostly not anything I said. I did not, for instance, say that his opinion was classified, or that he holds governmental office, or that he has authorized such drastic measures, or that he supports it as a matter of policy. What he doesn’t deny – what he seems proud of – is that he’s written, on different occasions, that cutting off the water and electricity supply to Gaza is permissible as a matter of international law.   

 

This is not just a matter of the quality of the legal analysis (though it is that too, of course, as people in the field who have read the text and are working on a response assure me). Bell knows what he’s doing – he’s making this point in public settings, as the issue is being debated, with the clear aim of increasing the likelihood of Israel taking these measures. His 3-page opinion has now been posted online here (published on the website of a forum in which he is a member, and so, I suspect, with his permission), and here you can see an interview on Israeli television where he’s making the same claims again (starting around minute 26). All of this is in Hebrew, I’m afraid, so here are my translations of some of the main points:  

 

-          The title reads: “Israel is permitted to stop supplying power and water to the Gaza Strip”.

-          “Electric power does not count as a basic humanitarian need and therefore Israel is permitted to stop supplying it.” And later on “There is good reason to believe that unlike food and medications, electricity does not count as a humanitarian need according to the laws of war, and that therefore Israel is not even under an obligation to allow third parties to supply electric power to the Gaza Strip.”

-          “Still, several legal arguments have been voiced against the implementation of these sanctions by Israel. Subjecting them to scrutiny shows that none of them is valid.”

-          “Although international law forbids ‘collective punishment’, the denial of access to water and electricity does not constitute such punishment.”

[English version here.] 

I have no interest in conducting a civilized, academic discussion with Bell, or in reading his “scholarship” on the matter. Life’s too short (it tends to be shorter, by the way, with no water and electricity). What I have an interest in is exposing the moral horror (and with the help of experts in the field, the legal incompetence) of his relevant texts, thereby minimizing to the extent possible the chance of the implementation of the measures he deems permissible.


July 17, 2014 in Of Academic Interest | Permalink

Wednesday, July 16, 2014

Controversy over an Israeli scholar's "legal opinion" justifying cutting off water and electricity to Gaza

David Enoch, the leading legal philosopher in Israel, who teaches on both the law and philosophy faculties at the Hebrew University of Jerusalem, writes:

Apparently, one of the measures considered by the Israeli government against the Hamas in Gaza is to cut off Israeli supply of water and electric power to Gaza (which pretty much consists of all of the supply of water and power to Gaza). Israeli government lawyers are apparently opposed to such measures.

 

Here ends the good news, though, because right-wing members of the Israeli Knesset have found the legal scholar who would write an opinion permitting such practices: Professor Avi Bell, from Bar Ilan University and the University of San Diego School of Law, has written such an opinion. (Though he refused to share it with me, I now have a copy, and I’ll be happy to share it with anyone who may be interested; I should say, though, that it’s in Hebrew). An item about this appeared in the daily Haaretz.

 

Israeli academics working in international humanitarian law are working, of course, on detailed documents refuting the legal technical claims made in Bell’s opinion. But I don’t think this is enough. I think that the legal academic community should do what it can to make it clear that there are consequences of such abuse of legal pseudo-scholarship and status in the service of gross immoralities – if nothing else, in terms of reputation.


July 16, 2014 in Of Academic Interest | Permalink

Tuesday, July 15, 2014

Highly cited election law scholars

Now we know!  I suspect more than 25% of the cites to some of these folks are to non-voting rights scholarship, but I may be wrong.


July 15, 2014 in Faculty News, Rankings | Permalink

Shocking scandal: Blog Emperor Caron's "traffic" rankings...

...are BS.  The main problem, unnoted by Prof. Hasen, is that they don't incorporate reader IQ, which would push InstaIgnorance, Outhouse and some of the others way down.  (GoogleAnalytics hasn't figure that out yet, I'm told.)  Nonetheless, we love Blog Emperor Caron because he figured out how to turn LawProf pontificating into dollars.  Long live the Blog Emperor!


July 15, 2014 in Of Academic Interest, Rankings | Permalink

Monday, July 14, 2014

Rostron & Levit update their materials on submitting to law reviews

Professors Rostron & Levit asked me to share the following:

Dear Colleagues,

We  just updated our charts about law journal submissions, expedites, and rankings from different sources for the Fall 2014 submission season covering the 203 main journals of each law school.

A couple of the highlight from this round of revisions are:

First, the chart now includes as much information as possible about what law reviews are not accepting submissions right now and what dates they say they'll resume accepting submissions.  Most of this is not specific dates, because the journals tend to post only imprecise statements about how the journal is not currently accepting submissions but will start doing so at some point in August, at some time in the Spring 2015, or that the “submissions will close no later than September 15, and may close earlier, depending on acceptances,” etc.   

Second, a couple of schools have had name changes (for instance, Phoenix Law Review is now Arizona Summit Law Review, and Texas Wesleyan Law Review is now Texas A&M Law Review), and the charts reflect these changes. 

Third, there is a gradual increase in the number that are using Scholastica instead of ExpressO or accepting emails, but it is still a minority of the total: eight school list Scholastica as the exclusive method of submission, eighteen strongly prefer it, and seven more list it as one of the alternative acceptable avenues of submission.

The first chart contains information about each journal’s preferences about methods for submitting articles (e.g., e-mail, ExpressO, Scholastica, or regular mail), as well as special formatting requirements and how to request an expedited review.  The second chart contains rankings information from U.S. News and World Report as well as data from Washington & Lee’s law review website.

Information for Submitting Articles to Law Reviews and Journals:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1019029

We’d welcome you to forward the link to anyone whom you think might find it useful.  

We appreciate any feedback you might have.

Happy writing!

All the best,

Allen and Nancy

Professor Allen Rostron

William R. Jacques Constitutional Law Scholar and Professor of Law

Professor Nancy Levit

Curators' and Edward D. Ellison Professor of Law


July 14, 2014 in Advice for Academic Job Seekers, Of Academic Interest | Permalink

Sunday, July 13, 2014

"Marx, Law, Ideology, Legal Positivism"

This draft is for a conference in the fall at UVA Law School on "Jurisprudence and History" organized by Charles Barzun and Daniel Priel; I may not revise it before then, but I will definitely revise it afterwards and before publication.


July 13, 2014 in Jurisprudence | Permalink

Saturday, July 12, 2014

June 2014 LSAT takers down 9.1% from prior year

Blog Emperor Caron has the details.  One pattern that seems to be emerging is that applicants are applying later in the season (recall that we actually saw a slight increase in February 2014 LSAT takers compared to the prior year).  But a 9% decline in June takers almost surely guarantees that the law school teaching market this coming fall will be as bad as last year, since schools can't re-enter the market for new faculty without the ability to project enrollments into the future.


July 12, 2014 in Advice for Academic Job Seekers, Legal Profession, Of Academic Interest | Permalink

Wednesday, July 9, 2014

Case Western law professor Raymond Ku settles lawsuit...

Monday, July 7, 2014

Signs of the times: Boston-area law schools adjust

Sunday, July 6, 2014

Visiting Faculty at the Top Six Law Schools, 2014-15, 3rd Draft

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, much less than 10% 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 2014-15; 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.

Please also note that this is supposed to be a list of visiting faculty who have gone through some kind of appointments process at the school at which they are visiting, whether a process for look-see visitors, "enrichment" visitors, or podium visitors.  (Not all schools use podium visitors--Chicago does not, for example.  But Harvard and NYU, among others, do.) These are supposed to be faculty who are teaching at the host school and who are being paid by the host school to teach.

Columbia Law School

John Brooks (Georgetown University)

Amichai Cohen (Ono Academic College)

Hanoch Dagan (Tel-Aviv University)

Yehonatan Givati (Hebrew University, Jerusalem)

Julie Goldscheid (City University of New York)

Sudhir Krishnaswamy (Azim Premji University)

Alice Ristroph (Seton Hall University)

Russell Robinson (University of California, Berkeley)

Wolfgang Schoen (Max-Lanck Institute)

Alex Stein (Cardozo Law School/Yeshiva University)

Guglielmo Verdirame (King's College, London)

Harvard Law School

Robert Anderson (University of Washington)

Noa Ben-Asher (Pace University)

Sergio Campos (University of Miami)

Daniela Caruso (Boston University)

Jennifer Chacon (University of California, Irvine)

Daniel Coquilette (Boston College)

Susan Crawford (Cardozo Law School/Yeshiva University)

Elizabeth Emens (Columbia University)

Mark Geistfeld (New York University)

John Golden (University of Texas, Austin)

Helen Hershkoff (New York University)

Scott Hershovitz (University of Michigan)

Bert Huang (Columbia University)

Sanford Levinson (University of Texas, Austin)

Catharine MacKinnon (University of Michigan)

James Salzman (Duke University)

David Skeel (University of Pennsylvania)

Sonja Starr (University of Michigan)

Jordan Steiker (University of Texas, Austin)

Michael Stein (College of William & Mary)

Chantal Thomas (Cornell University)

George Triantis (Stanford University)

Alain-Laurent Verbeke (University of Leuven)

Tess Wilkinson-Ryan (University of Pennsylvania)

New York University School of Law

Fareda Banda (School of Oriental and African Studies, University of London)

Eyal Benvenisti (Tel Aviv University Faculty of Law)

Charles Cameron (Princeton University)

Robert Cooter (University of California, Berkeley)

Graeme Dinwoodie (Oxford University)

Zev Eigen (Northwestern University)

John Gillespie  (Monash University)

Stefan Grundmann (Humboldt University, European University Institute)

Scott Hemphill (Columbia University)

Johanna Hey (University of Cologne)

Robert Inman (Wharton School, University of Pennsylvania)

Frederic Jenny (ESSEC Business School)

Michael McConnell (Stanford University)

Melissa Murray (University of California, Berkeley)

Stanford Law School

Ryan Bubb (New York University)

Ariela Gross (University of Southern California)

Marian Pargendler (Fundação Getulio Vargas School of Law, Sao Paulo)

Camille Gear Rich (University of Southern California)

Alan Sykes (New York University)

Chantal Thomas (Cornell University) 

Tess Wilkinson-Ryan (University of Pennsylvania)

University of Chicago Law School

Kelli Alces (Florida State University)

Corey Brettschneider (Brown University)

Stavros Gadinis (University of California, Berkeley)

George Geis (University of Virginia)

Alon Harel (Hebrew University, Jerusalem)

Douglas Levene (Peking University Transnational Law School)

Katerina Linos (University of California, Berkeley)

Ariel Porat (Tel-Aviv University)

Louis Michael Seidman (Georgetown University)

Robert Simpson (Monash University)

Pierre-Hugues Verdier (University of Virginia)

Yale Law School

Eyal Benvenisti (Tel-Aviv University)

Philip Bobbitt (Columbia University)

Steven Calabresi (Northwestern University)

Aaron Dhir (Osgoode Hall/York University, Toronto)

Zev Eigen (Northwestern University)

Emmanuel Gaillard (Sciences Po, Paris)

Moshe Halbertal (Hebrew University, Jerusalem; New York University)

Edward Janger (Brooklyn Law School)

Johanna Kalb (Loyola University, New Orleans)

Aaron Seth Kesselheim (Harvard Medical School)

Mattias Kumm (New York University)

Christine Landfried (University of Hamburg)

Margaret Lemos (Duke University)

Sanford Levinson (University of Texas, Austin)

Angela Onwuachi-Willig (University of Iowa)

Charles Sabel (Columbia University)

Norman Silber (Hofstra University)

Wojciech Sadurski (University of Sydney)

Gerald Torres (Cornell University)

Neil Walker (University of Edinburgh)


July 6, 2014 in Faculty News | Permalink

Friday, July 4, 2014

Intelligent write-up about Hobby Lobby issues...

...by journalist Dan Fisher at Forbes.  I talked to him prior to the perplexing injunction on behalf of Wheaton, but he integrated that effectively.  And Justice Sotomayor gets it exactly right in the bit he quotes:  it really is preposterous on its face that anyone's free exercise of religion is burdened by a bit of paperwork (if only it were so--I might find God!).  (The 7th Circuit disposed of the other argument in the Notre Dame case--Justice Sotomayor noted the relevant bit, as does Mr. Fisher.)


July 4, 2014 in Jurisprudence, Of Academic Interest | Permalink

Tuesday, July 1, 2014

Hiring committees for 2014-15 can announce themselves...