March 26, 2017
Lateral hires with tenure or on tenure-track, 2016-17
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.
*Angela Banks (immigration law) from the College of William & Mary to Arizona State University.
*Binyamin Blum (legal history, evidence, criminal procedure) from Hebrew University, Jerusalem to the University of California Hastings (starting in Spring 2018) (untenured lateral).
*Christopher Bruner (corporate law, securities regulation) from Washington & Lee University to the University of Georgia.
*Nicolas Cornell (contracts, law & philosophy) from the Wharton School at the University of Pennsylvania to the University of Michigan (law) (untenured lateral).
*Sharon Davies (criminal law & procedure) from Ohio State University to Spelman College (to become Provost).
*Darby Dickerson (higher education law & policy, litigation ethics) from Texas Tech University (where she is currently Dean) to John Marshall Law School, Chicago (to become Dean).
*Ben Edwards (corporate law, securities regulation, consumer financial protection) from Barry University to the University of Nevada, Las Vegas (untenured lateral).
*Tonya Evans (intellectual property, entertainment law, trusts & estates) from Widener University Commonwealth to the University of New Hampshire.
*Eric Franklin (corporate, contracts, economic & community development clinic) from the University of Nevada, Las Vegas to the University of Tennessee, Knoxville (untenured latereal).
*David Gamage (tax) from the University of California, Berkeley to Indiana University, Bloomington.
*Sarah Haan (corporate) from the University of Idaho to Washington & Lee University.
*Kevin Haeberle (corporate law, securities regulation) from University of South Carolina to the College of William & Mary (untenured lateral)
*Sam Halabi (health law) from the University of Tulsa to the University of Missouri, Columbia.
*David Hoffman (contracts, law & psychology) from Temple University to the University of Pennsylvania.
*Nicole Huberfeld (health law, constitutional law) from the University of Kentucky to the School of Public Health, Boston University.
*Blake Hudson (environmental law, natural resources, land use) from Louisiana State University to the University of Houston.
*Lolita Buckner Inniss (property, legal history) from Cleveland-Marshall College of Law to Southern Methodist University.
*Kurt Lash (constitutional law) from the University of Illinois to the University of Richmond.
*Pamela Metzger (criminal law & procedure) from Tulane University to Southern Methodist University.
*Samuel Moyn (legal history, human rights) from Harvard University to Yale University.
*Shu-Yi Oei (tax) from Tulane University to Boston College.
*David Orentlicher (health law) from Indiana University, Indianapolis to the University of Nevada, Las Vegas.
*Hari M. Osofsky (energy law, climate change, law & science) from the University of Minnesota to Pennsylvania State University (to become Dean).
*Alice Ristroph (criminal law & procedure, constitutional law, political theory) from Seton Hall University to Brooklyn Law School.
*Victoria Sahani (alternative dispute resolution, international arbitration) from Washington & Lee University to Arizona State University.
*Michael Hunter Schwartz (legal education & pedagogy) from the University of Arkansas, Little Rock to McGeorge School of Law, University of the Pacific (to become Dean).
*Joshua Sellers (election law, constitutional law, legislation, civil procedure) from the University of Oklahoma, Norman to Arizona State University (untenured lateral).
*Michael Simkovic (bankruptcy, tax, corporate) from Seton Hall University to the University of Southern California.
*Brad Snyder (civil procedure, constitutional law, legal history) from the University of Wisconsin, Madison to Georgetown University.
*Matthew Tokson (criminal procedure, cyberlaw, intellectual property) from Northern Kentucky University to the University of Utah (untenured lateral).
*Franita Tolson (election law, constitutional law, employment discrimination) from Florida State University to the University of Southern California.
*Rebecca Tushnet (intellectual property, First Amendment) from Georgetown University to Harvard University.
*Ryan Vacca (intellectual property) from the University of Akron to the University of New Hampshire.
*Urska Velikonja (corporate, securities regulation) from Emory University to Georgetown University.
March 18, 2017
"The Roles of Judges in Democracies: A Realistic View"
A new paper that might be of interest to some readers; the abstract:
What are the “obligations” of judges in democracies? An adequate answer requires us to be realistic both about democracies and about law. Realism about democracy demands that we recognize that electoral outcomes are largely, though not entirely, unrelated to concrete policy choices by elected representatives or to the policy preferences of voters, who typically follow their party based on “tribal” loyalties. The latter fact renders irrelevant the classic counter-majoritarian (or counter-democratic) worries about judicial review. Realism about law requires that we recognize that judges, especially on appellate courts, will inevitably have to render moral and political judgments in order to produce authoritative resolutions of disputes, one of the central functions of a legal system in any society. That means it is impossible to discuss the “obligations” of judges without regard to their actual moral and political views, as well as the moral and political ends we believe ought to be achieved.
March 16, 2017
Hemel & Herzig in the NY Times on efforts to repeal Obamacare (Michael Simkovic)
Daniel Hemel and David Herzig argue in the New York Times that a Republican plan to replace a tax penalty paid by the uninsured under the Affordable Care Act with a penalty paid directly to insurance companies after a gap in coverage could thwart Republican efforts to repeal Obamacare using budgetary reconciliation procedures.
Spring Break hiatus
There probably won't be too much new until the end of the month, though I'll try to put up anything time-sensitive.
Posted by Brian Leiter on March 16, 2017 | Permalink
March 14, 2017
University of Florida embarrasses itself...
...by promoting random movement in the "overall" US News rank as meaningful, rather than noise. This only came to my attention because their PR office actually sent it to me! They should do some research about whom they send this stuff too! What's especially unfortunate about press releases like this is that it legitimizes the US News metrics, which can only come back to haunt schools when the "overall" nonsense number moves in the opposite direction for no discernible (or, in any case, meaningful) reason.
UPDATE: More superficial reporting, treating random movements as having meaning, or as worthy of note. 95% of movement in the US News "overall" rank is attributable to schools puffing, fudging or lying more than their peers in how they report the data to US News (or the reverse, for schools that drop); US News, recalls, audits none of the self-reported data.
March 13, 2017
Law Schools Unfairly Ranked by U.S. News
MOVING TO FRONT (ORIGINALLY POSTED FROM OCT. 3 2011, WITH MINOR REVISIONS), SINCE IT IS TIMELY AGAIN
I've occasionally commented in the past about particular schools that clearly had artificially low overall ranks in U.S. News, and readers e-mail me periodically asking about various schools in this regard. Since the overall rank in U.S. News is a meaningless nonsense number, permit me to make one very general comment: it seems to me that all the law schools dumped into what U.S. News calls the "second" tier--indeed, all the law schools ranked ordinally beyond the top 25 or 30 based on irrelevant and trivial differences-- are unfairly ranked and represented. This isn't because all these schools have as good faculties or as successful graduates as schools ranked higher--though many of them, in fact, do--but because the metric which puts them into these lower ranks is a self-reinforcing one, and one that assumes, falsely and perniciously, that the mission of all law schools is the same. Some missions, to be sure, are the same at some generic level: e.g., pretty much all law schools look to train lawyers and produce legal scholarship. U.S. News has no meaningful measure of the latter, so that part of the shared mission isn't even part of the exercise. The only "measures" of the former are the fictional employment statistics that schools self-report and bar exam results. The latter may be only slightly more probative, except that the way U.S. News incorporates them into the ranking penalizes schools in states with relatively easy bar exams. So with respect to the way in which the missions of law schools are the same, U.S. News employs no pertinent measures.
But schools differ quite a bit in how they discharge the two generic missions, namely, producing scholarship and training lawyers. Some schools focus much of their scholasrhip on the needs of the local or state bar. Some schools produce lots of DAs, and not many "big firm" lawyers. Some schools emphasize skills training and state law. Some schools emphasize theory and national and transnational legal issues. Some schools value only interdisciplinary scholarship. And so on. U.S. News conveys no information at all about how well or poorly different schools discharge these functions. But by ordinally ranking some 150 schools based on incompetently done surveys, irrelevant differences and fictional data, and dumping the remainder into a "second tier", U.S. News conveys no actual information, it simply rewards fraud in data reporting and gratuitously insults hard-working legal educators and scholars and their students and graduates.
March 9, 2017
Criminal case against Minnesota law professor Francesco Parisi falling apart
First, bail was reduced from $500,000 to $3,000, and now the criminal charges are about to be dropped. I would imagine Professor Parisi will have a good defamation action against the accuser. Do see the comments by the lawyer involved in the property dispute between Parisi and his accuser: this lawyer "believes the criminal allegations were being used to defame and retaliate against Parisi."
UPDATE: It's official, all charges against Parisi have been dropped, but not until he had to spend three weeks in jail! Unbelievable, I imagine Professor Parisi will explore his legal options against the local authorities.
Harvard Law to join U of Arizona in accepting GRE, as well as LSAT, for admissions purposes
A good development, I expect.
March 7, 2017
Blog Emperor to become Law Dean!
I don't do many announcements about Deanship appointments, but I must make an exception for the Blog Emperor himself, Paul Caron, who has been named the new Dean of the Law School at Pepperdine University! Congrats to Paul and to Pepperdine!
March 1, 2017
Daniel Schwarcz (Minnesota) and Colleen Chien (Santa Clara) win American Law Institute Young Scholars Medal (Michael Simkovic)
The press release is here. The award is highly selective. The ALI--publisher of the influential Restatements of Law and co-creator of the Uniform Commercial Code--selects two out of thousands of eligible "young scholars" every two years for work that has the potential to change the law for the better.
Congratulations to Dan and Colleen!
Professor Schwarcz’s research focuses on insurance law and regulation, spanning issues such as solvency regulation, consumer protection, employer-sponsored health insurance, and insurance coverage litigation. His work has directly led to various law reforms to promote more transparent insurance markets. As a result of Professor Schwarcz's scholarship and advocacy at the National Association of Insurance Commissioners (NAIC), the NAIC established a new Transparency and Readability Working Group to study these issues and propose needed reforms. Recently, after being contacted and encouraged by attorneys at the Treasury Department, he organized a group of “scholars of insurance and financial regulation” to submit two amicus briefs – at the district court and appellate levels – in connection with litigation involving the designation by the Financial Stability Oversight Council of MetLife as a systemically significant financial institution.
Professor Chien’s scholarship focuses on domestic and international patent law and policy issues, and she has already played an important role in helping to formulate public policy on intellectual property and innovation, privacy, open government, and civil liberties. From 2013 to 2015, she served as a Senior Advisor to the Chief Technology Officer of the United States on Intellectual Property and Innovation in the White House Office of Science and Technology Policy, where her work ranged from advancing open data policies to increasing access to pediatric AIDS medicines. Having testified twice before the House Judiciary Committee and numerous times before other federal agencies, Chien coined the now-ubiquitous term “patent assertion entity” in 2010. Her work on patent assertion business models - which rely on the use of patents to extract money from others rather than commercialize technology - has been the basis of studies and policy initiatives by the White House, the Federal Trade Commission, and Congress (in the America Invents Act), and the term has been referred to thousands of times by academic and news sources. Policy recommendations that she and her co-authors, in law review articles and other fora, have made have been adopted by the U.S. Supreme Court, in Congressional bills, at the US Patent and Trade Office, and by 32 states.
Previous winners of the Young Scholars medal include Oren Bar Gill (Harvard; NYU), Adam Levitin (Georgetown), Jeanne Fromer (NYU; Fordham), Amy Monahan (Minnesota), Michael Simkovic (USC; Seton Hall), and Elizabeth Burch (Georgia).