July 19, 2012
Perry on "Political Authority and Political Obligation"
This is the penultimate draft of what will be the lead paper in volume 2 of Oxford Studies in Philosophy of Law, due out later this year. (Volume 1 is here.) Perry's paper is a major contribution to the literature on authority, and so I hope it will whet the appetite of legal philosophers and those interested in the subject for Volume 2. Other contributors to volume 2 will include Bruno Celano, R.A. Duff, Matthew Kramer, Barbara Levenbook, and C.L. Ten, among others.
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July 18, 2012
A propos last week's post about Yale's new pseudo-PhD in law, Katherine Franke (Columbia) writes:
You mention "canonical legal scholarship and methodologies" courses taught in many law schools - I teach one of them at Columbia. It would be great if you could put out a call for syllabi, or links to syllabi, of such courses so we can compare notes on what counts as "canonical".
Comments are open. Feel free to post links, or post a list of 'canonical' materials, or offer substantive suggestions. Signed comments only: full name, valid e-mail address.
July 17, 2012
Bainbridge v. Zaring on Citation Measures
Here. I once looked at a few schools using Google Scholar (which captures anything on-line, including journals in cognate fields and sometimes even books), and the results weren't very different than one gets using Westlaw. But let Professor Zaring's challenge inspire someone to compile systematic data using a different database!
Distribution of Starting Lawyer Salaries, 2007 and 2011
These charts make clear the change.
July 16, 2012
Top Law Faculties in Terms of Scholarly Impact, 2007 through 2011
Gregory Sisk (St. Thomas-Minnesota) and his colleagues in the law library there have prepared a new scholarly impact study, using the methodology of the 2010 study, but this time Professor Sisk and his colleagues did all the real work, and I acted only as a 'consultant' (looking over faculty lists, flagging suspicious results that should be double-checked and the like).
Professor Sisk and his team at St. Thomas followed the protocols I have used for years, including treating tenure-stream status as the benchmark for inclusion (the one exception in the past being Derrick Bell, who was technically a recurring visiting professor at NYU, but whom we counted for NYU). This leads to some odd inclusions and exclusions, alas: so, e.g., two of the ten most-cited faculty at Stanford Law School hold full-time jobs elsewhere for 2012-13 (Larry Kramer as head of the Hewlett Foundation and Kathleen Sullivan as a name partner of Quinn Emmanuel in New York no less), but since they are still technically tenured members of the Stanford faculty and do some teaching (as best we can gauge), they are counted. Conversely, Richard Epstein, although he teaches at Chicago every Spring Quarter, no longer counts for Chicago since he is technically emeritus.
UC Irvine has expanded its faculty a good bit since the 2010 study, and is probably around half its full strength. Professor Sisk and colleagues explain in their essay how they chose to handle the mean impact ranking for Irvine this year, given Chemerinsky's very high citation count due to his influential treatises and texts; their approach makes sense to me. [UPDATE: Rick Hasen [UC Irvine] quotes the relevnat bit about the Irvine ranking.]
Professor Sisk and colleagues include all the appropriate caveats in their write-up. Mean scholarly impact is one kind of measure of academic distinction of a faculty; to the extent that school reputations depend more on the very best faculty, rather than the mean impact, then schools like Virginia, Georgetown, Texas, and Southern Cal are underranked, as they probably would be deemed to be in a survey of scholarly experts. Still, mean impact does also provide a check on casual assumptions about faculty quality, and constitutes a useful data point for schools trying to assess the performance of their faculty and for students particularly interetsed in the scholarly visibility of the law schools they are considering.
Here are the "top 25" in scholarly impact, with the ten most-cited faculty listed in parentheses (an * indicates a faculty member 70 or older in 2012), followed by the rank in the scholarly impact study for 2005-2009; below the fold is a list of the top 50 schools.
1. Yale University (Bruce Ackerman, Akhil Amar, Ian Ayres, Jack Balkin, William Eskridge, Dan Kahan, Jonathan Macey, Robert Post, Judith Resnik, Reva Siegel) (1)
2. Harvard University (Lucian Bebchuk, Richard Fallon, Jack Goldsmith, Louis Kaplow, Lawrence Lessig, Martha Minow, Steven Shavell, *Laurence Tribe, Mark Tushnet, Adrian Vermeule) (2)
3. University of Chicago (Douglas Baird, Tom Ginsburg, Brian Leiter, Saul Levmore, Richard McAdams, Martha Nussbaum, Eric Posner, Geoffrey Stone, David Strauss, David Weisbach) (3)
4. Stanford University (*Lawrence Friedman, Ronald Gilson [part-time], Paul Goldstein, *Robert W. Gordon, Pamela Karlan, Larry Kramer [part-time], Mark Lemley, Michael McConnell, Deborah Rhode, Kathleen Sullivan [part-time]) (4)
5. New York University (Rochelle Dreyfuss, *Ronald Dworkin [part-time], Richard Epstein, Barry Friedman, Samuel Issacharoff, *Arthur Miller, Geoffrey Miller, Richard Pildes, *Richard Stewart, Jeremy Waldron [part-time]) (5)
6. Columbia University (John Coffee, *George Fletcher, Ronald Gilson [part-time], Jane Ginsburg, *Kent Greenawalt, Thomas Merrill, *Henry Monaghan, *Joseph Raz [part-time], Robert Scott, William Simon) (6)
7. University of California, Irvine (Dan Burk, Erwin Chemerinsky, Catherine Fisk, Bryant Garth, Richard Hasen, Christopher Leslie, Elizabeth Loftus, Carrie Menkel-Meadow, R. Anthony Reese, Christopher Tomlins) (9)
8. Vanderbilt University (Margaret Blair, Lisa Bressman, Chris Guthrie, Nancy King, Edward Rubin, J.B. Ruhl, Suzanna Sherry, Christopher Slobogin, Randall Thomas, W. Kip Viscusi) (10)
9. Cornell University (Gregory Alexander, Kevin Clermont, Michael Dorf, Theodore Eisenberg, Valerie Hans, Michael Heise, Robert Hillman, Jeffrey Rachlinski, Stewart Schwab, Lynn Stout) (11)
10. University of California, Berkeley (*Jesse Choper, Robert Cooter, *Melvin Eisenberg, Daniel Farber, Andrew Guzman, Peter Menell, Robert Merges, Pamela Samuelson, John Yoo, *Franklin Zimring) (7)
11. Duke University (James Boyle, Curtis Bradley, *Paul Carrington, James Cox, G. Mitu Gulati, Laurence Helfer, Arti Rai, James Salzman, Steven Schwarcz, Ernest Young) (11)
11. University of Pennsylvania (Stephanos Bibas, William Wilson Bratton, Stephen Burbank, Jill Fisch, Gideon Parchomovsky [part-time], Dorothy Roberts, Paul Robinson, Edward Rock, David Skeel, Christopher Yoo) (14)
13. Northwestern University (Ronald Allen, Bernard Black, Steven Calabresi, *Anthony D’Amato, David Dana, Shari Seidman Diamond, Andrew Koppelman, John McGinnis, James Pfander, Martin Redish) (8)
14. University of California, Los Angeles (Stephen Bainbridge, Devon Carbado, Kimberle Crenshaw [part-time], Jerry Kang, Russell Korobkin, Lynn LoPucki, Hiroshi Motomura, Neil Netanel, Kal Raustiala, Eugene Volokh) (15)
15. University of Michigan, Ann Arbor (Samuel Bagenstos, Steven Croley, Rebecca Eisenberg, Samuel Gross, *James Krier, Jessica Litman, Catharine MacKinnon, Adam C. Pritchard, *Margaret Jane Radin, *James J. White) (11)
16. George Washington University (Naomi Cahn, Lawrence Cunningham, Orin Kerr, William Kovacic, Sean Murphy, Richard Pierce, Jr., Jeffrey Rosen, Michael Selmi, Dinah Shelton, Daniel Solove) (18)
16. University of Virginia (John Duffy, Brandon Garrett, John Jeffries, *Edmund Kitch, Douglas Laycock, Caleb Nelson, Saikrishna Prakash, James Ryan, Frederick Schauer, *G. Edward White) (16)
18. Georgetown University (T. Alexander Aleinikoff, Randy Barnett, Julie Cohen, David Cole, Lawrence Gostin, Neal Katyal [part-time], Donald Langevoort, David Luban, Lawrence Solum, Robert Thompson) (20)
19. University of Minnesota, Twin Cities (Thomas Cotter, R.A. Duff [part-time], Kristin Hickman, Claire Hill, Bradley Karkkainen, Herbert Kritzer, Brett McDonnell, Francesco Parisi, Michael Tonry, David Weissbrodt) (18)
19. University of Texas, Austin (Mitchell Berman, Robert Bone, Robert Chesney, Frank Cross, Derek Jinks, *Sanford Levinson, Thomas McGarity, *Lawrence Sager, Wendy Wagner, Jay Westbrook) (17)
21. Boston University (George Annas, Jack Beermann, Stacy Dogan, *Tamar Frankel, Wendy Gordon, Keith Hylton, Gary Lawson, Tracy Maclin, Linda McClain, Michael Meurer) (28)
21. George Mason University (David Bernstein, Henry Butler, Eric Claeys, Michael Greve, Bruce Kobayashi, Nelson Lund, Adam Mossoff, Timothy Muris, Ilya Somin, Todd Zywicki) (28)
23. University of Califiornia, Davis (Vikram Amar, Alan Brownstein, Anupam Chander, Gabriel “Jack” Chin, Angela Harris, Edward Imwinkelried, Kevin Johnson, Albert Lin, Madhavi Sunder, Dennis Ventry)
24. Cardozo Law School/Yeshiva University (Brett Frischmann, Myriam Gilles, Marci Hamilton, Justin Hughes, Michel Rosenfeld, Barry Scheck, Anthony Sebok, Alex Stein, Stewart Sterk, Edward Zelinsky) (26)
24. University of Southern California (Lee Epstein, Susan Estrich, Elizabeth Garrett, Gillian Hadfield, Ehud Kamar, Edward McCaffery, Mathew McCubbins, Robert Rasmussen, Nancy Staudt, *Christopher Stone) (32)
And here's the rest of the top 50, by school name:
26. Emory University
26. Washington University, St. Louis
28. University of Colorado, Boulder
28. University of Illinois, Urbana-Champaign
30. Ohio State University
30. University of St. Thomas (Minnesota)
30. Washington & Lee University
33. Florida State University
33. Hofstra University
33. Indiana University, Bloomington
33. University of Arizona
33. University of North Carolina, Chapel Hill
38. Case Western Reserve University
38. University of California, Hastings
38. University of Notre Dame
41. Brooklyn Law School
41. College of William & Mary
43. Fordham University
43. University of Marlyand, Baltimore
45. University of Houston
45. University of Nevada, Las Vegas
47. American University
47. University of Alabama
47. University of Iowa
47. University of Pittsburgh
47. University of Utah
Posted by Brian Leiter on July 16, 2012 | Permalink
July 13, 2012
Hiring Chairs for 2012-13
Prawfs has opened its annual thread for hiring chairs to declare themselves, as well as particular areas of need.
July 12, 2012
Katharina Pistor Wins Max Planck Research Award
Katharina Pistor, Professor of Law at Columbia University, was awarded the Max Planck Research Award for 2012 on Monday. The press release explains that she won for her "groundbreaking and outstanding research work on legal and financial market developments in emerging markets and transition countries. The award honours, in particular, her research at the intersection of law and economics. The decision to honour Katharina Pistor was also taken in recognition and in the expectation of her continued commitment to building bridges between European and American legal culture."
Martin Hellwig, a German economist, was the other winner. Both will receive €750,000 to advance their research.
July 11, 2012
The worst idea in the history of legal education: a "PhD in Law"?
Leave it to Yale to come up with it! This isn't a PhD program, as the almost complete lack of required coursework, makes clear. Indeed, the core bit of required coursework--"a two-semester pro-seminar on canonical legal scholarship and methodologies"--is just a variation on a course that a number of law schools (including my own) already offer to J.D. students. So what this new program will really be is some combination of resume polishing and an opportunity for people interested in law teaching to have an opportunity to write--in the latter regard, it will be a somewhat longer Fellowship than the two-year ones which are now quite common. A Ph.D. it won't be, however, and it's inconceivable, given the lack of an actual Wissenschaft the program is meant to instill, that it will confer the advantages that JD/PhDs in cognate subjects have as scholars and on the teaching market. But as a three-year writing Fellowship, fully funded by Yale at this point, it will no doubt be attractive for those who want to go into law teaching but don't want to earn a real PhD.
UPDATE: More thoughts here.
Duncan Law Loses ABA Accreditation Appeal
Lincoln University Duncan School of Law, which sought (and failed to receive) ABA accreditation this past year has now had its appeal reviewed and rejected by the ABA Section of Legal Education and Admissions to the Bar. The law school can now get on with the business of suing the American Bar Association for antitrust violations.