April 29, 2016
These are non-clinical appointments that will take effect in 2016; 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.
*Edward Afield (tax) from Ava Maria School of Law to Georgia State University.
*Lisa Alexander (corporate, contracts, housing & urban development law) from the University of Wisconsin, Madison to Texas A&M University.
*James Anaya (international human rights) from the University of Arizona to the University of Colorado, Boulder (to become Dean).
*Craig Boise (tax, international tax, corporate tax) from Cleveland-Marshall College of Law, Cleveland State University to Syracuse University (to become Dean).
*Zack Buck (health law) from Mercer University to the University of Tennessee, Knoxville (untenured lateral).
*Michael Cahill (criminal law) from Brooklyn Law School to Rutgers University (as Co-Dean).
*Dale Carpenter (constitutional law) from the University of Minnesota to Southern Methodist University.
*James Coleman (energy law) from the University of Calgary to Southern Methodist University (untenured lateral).
*David Fagundes (property) from Southwestern Law School to the University of Houston.
*Joshua Fischman (law & economics, empirical legal studies) from Northwestern University to the University of Virginia.
*Michael Frakes (health law, innovation policy) from Northwestern University to Duke University.
*Susan Franck (international economic law & dispute resolution) from Washington & Lee University to American University.
*Shubha Ghosh (intellectual property, law & technology, antitrust) from the University of Wisconsin, Madison to Syracuse University.
*Joanna Grossman (family law, gender and the law) from Hofstra University to Southern Methodist University.
*Grant Hayden (corporate governance, voting rights, labor law) from Hofstra University to Southern Methodist University.
*Carissa Byrne Hessick (criminal law, legal ethics) from the University of Utah to the University of North Carolina, Chapel Hill.
*Andrew Hessick (administrative law, constitutional law, federal courts, remedies) from the University of Utah to the University of North Carolina, Chapel Hill.
*David Hyman (health law, insurance law) from the University of Illinois to Georgetown University.
*Janine Kim (criminal law, race & the law) from Marquette University to Chapman University.
*Renee Knake (legal ethics, constitutional law) from Michigan State University to the University of Houston.
*Sarah Lawsky (tax, law & philosophy) from the University of California, Irvine to Northwestern University.
*Fatma Marouf (immigration law & clinic) from the University of Nevada, Las Vegas to Texas A&M University.
*Thomas Mitchell (property, land use, remedies, rural development) from the University of Wisconsin, Madison to Texas A&M University.
*Camille Nelson (critical race theory, criminal law & procedure) from Suffolk University to American University (to become Dean).
*Jordan Paradise (food & drug law, administrative law, biotechnology law) from Seton Hall University to Loyola University, Chicago.
*Matthew Parlow (land use, urban planning & policy, sports law) from Marquette University to Chapman University (as Dean).
*Gregg Polsky (tax, corporate finance, corporate law) from the University of North Carolina, Chapel Hill to the University of Georgia.
*Lawrence Ponoroff (commercial law) from the University of Arizona to Michigan State University (to become Dean).
*Nicholson Price (patents, health law) from the University of New Hampshire to the University of Michigan, Ann Arbor (untenured lateral).
*Greg Reilly (patents, intellectual property) from California Western School of Law to Chicago-Kent College of Law (untenured lateral).
*Edward B. Rock (corporate) from the University of Pennsylvania to New York University.
*Amy Schmitz (aribtrarion, consumer law, contracts) from the University of Colorado, Boulder to the University of Missouri, Columbia.
*Bruce P. Smith (legal history) from the University of Illinois to the University of Denver (as Dean).
*Jane Stapleton (torts, tort theory) from the University of Texas, Austin to Christ's College, Cambridge (to become Master)
*Alex Stein (evidence, torts, medical malpractice, criminal law, legal theory) from Cardozo Law School to Brooklyn Law School.
*Kristen van de Biezenbos (energy, oil & gas, environmental) from Texas Tech University to the University of Oklahoma, Norman (untenured lateral).
*Steve Vladeck (federal courts, national security law, constitutional law) from American University to the University of Texas, Austin.
*Gina Warren (energy law, oil & gas law) from Texas A&M University to the University of Houston
*Melissa Wasserman (patents, intellectual property, administrative law, torts, innovation law and policy) from the University of Illinois to the University of Texas, Austin.
*Ellen Yaroshefsky (legal ethics) from Cardozo Law School to Hofstra University.
*Taisu Zhang (legal history, comparative law) from Duke University to Yale University (untenured lateral).
April 27, 2016
In recent years, Penn has emerged as a force to be reckoned with in the academic market for legal historians. Two recent Penn JD/PhDs in History, Karen Tani and Greg Ablavsky, have secured tenure-track jobs in the law schools at, respectively, Berkeley and Stanford. Another Penn PhD in History (with a Harvard JD), Anne Fleming, is now on tenure-track at Georgetown Law. This year, one of Penn's Sharswood Fellows, a legal historian trained elsewhere, secured a tenure-track job at Vanderbilt Law.
I asked Sarah Barringer Gordon, the distinguished senior legal historian at the University of Pennsylvania, how Penn has been so successful? She wrote:
Our program is designed to be small and highly selective, and we invest substantial time in each student, and ensure that we support our students financially as well as intellectually. We take only those candidates that we are confident we can train in the substantive fields of their interest and in a demanding program that is grounded equally in history and law. We also work hard to help our students enter the field as fully minted scholars, who have presented their work in multiple venues, taught, and published. We have an in-house workshop where both faculty and students who work in legal history present their work at early stages, an annual speaker series that brings in outside scholars, and we are active in the American Society for Legal History, as well as a consortium of schools that hosts an annual conference for early career legal historians. One of us also co-edits Studies in Legal History, the oldest and largest book series dedicated to legal history. Of course, Penn has benefited from the overall success of the field of legal history, and we consider ourselves part of a broader community of scholars that is remarkably collegial. Our legal historians on the faculty include Wendell Pritchett, Serena Mayeri, Sophia Lee, Bill Ewald, and yours truly. We are proud to be among the strong programs in legal history, but are also committed to remaining small, as legal historians are built one at a time.
UPDATE: Another impressive Penn-connected success story is the legal historian Christopher Beauchamp, a Cambridge-trained historian now on tenure-track at Brooklyn Law School (he does not have a law degree). He was also a Sharswood Fellow at Penn's Law School, as well as a Fellow in Legal History at NYU's Law School, before securing his tenure-track post at Brooklyn.
April 26, 2016
April 25, 2016
Former Berkeley Law Dean Choudhry files formal grievance with UC Berkeley over the attempt to revoke his tenure
Prof. Choudhry's lawyers have shared the grievance letter here: Download 2016-04-22 Grievance Letter With Exhibits.
I do hope someone in the University of California system will stand up to President Napolitano, whose conduct in this matter is disgraceful.
The Corporate Practice Commentator is pleased to announce the results of its twenty-second annual poll to select the ten best corporate and securities articles. Teachers in corporate and securities law were asked to select the best corporate and securities articles from a list of articles published and indexed in legal journals during 2015. More than 540 articles were on this year’s list. Because of the vagaries of publication, indexing, and mailing, some articles published in 2015 have a 2014 date, and not all articles containing a 2015 date were published and indexed in time to be included in this year’s list. Because of ties, there are 12 articles on this year’s list.
The articles, listed in alphabetical order of the initial author, are:
Bartlett, Robert P. III. Do Institutional Investors Value the Rule 10b-5 Private Right of Action? Evidence from Investors' Trading Behavior following Morrison v. National Australia Bank Ltd. 44 J. Legal Stud. 183-227 (2015).
Bebchuk, Lucian, Alon Brav and Wei Jiang. The Long-term Effects of Hedge Fund Activism. 115 Colum. L. Rev. 1085-1155 (2015).
Bratton, William W. and Michael L. Wachter. Bankers and Chancellors. 93 Tex. L. Rev. 1-84 (2014).
Cain, Matthew D. and Steven Davidoff Solomon. A Great Game: The Dynamics of State Competition and Litigation. 100 Iowa L. Rev. 465-500 (2015).
Casey, Anthony J. The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement. 124 Yale L. J. 2680-2744 (2015).
Coates, John C. IV. Cost-benefit Analysis of Financial Regulation: Case Studies and Implications. 124 Yale L .J. 882-1011 (2015).
Edelman, Paul H., Randall S. Thomas and Robert B. Thompson. Shareholder Voting in an Age of Intermediary Capitalism. 87 S. Cal. L. Rev. 1359-1434 (2014).
Fisch, Jill E., Sean J. Griffith and Steven Davidoff Solomon. Confronting the Peppercorn Settlement in Merger Litigation: An Empirical Analysis and a Proposal for Reform. 93 Tex. L. Rev. 557-624 (2015).
Fried, Jesse M. The Uneasy Case for Favoring Long-term Shareholders. 124 Yale L. J. 1554-1627 (2015).
Judge, Kathryn. Intermediary Influence. 82 U. Chi. L. Rev. 573-642 (2015).
Kahan, Marcel and Edward Rock. Symbolic Corporate Governance Politics. 94 B.U. L. Rev. 1997 (2014).
Velikonja, Urska. Public Compensation for Private Harm: Evidence from the SEC's Fair Fund Distributions. 67 Stan. L. Rev. 331-395 (2015).
The authors represent the following institutions (based on fall 2016 affiliations): Penn (3), Harvard (3), Berkeley (3), NYU (2), Vanderbilt (2), Columbia (1), Chicago (1), Georgetown (1), Emory (1), and Fordham (1) as well as the business schools at Duke (1) and Columbia (1).
April 22, 2016
Professor Paula Franzese of Seton Hall law school is something of a patron saint of law students. Widely known for her upbeat energy, kindness, and tendency to break into song for the sake of helping students remember a particularly challenging point of law, Paula has literally helped hundreds of thousands of lawyers pass the bar exam through her video taped Property lectures for BarBri.
Paula is such a gifted teacher that she won teacher of the year almost ever year until Seton Hall implemented a rule to give others a chance: no professor can win teacher of the year more than two years in a row. Since the rule was implemented, Paula wins every other year. She’s also incredibly generous, leading seminars and workshops to help her colleagues improve their teaching.
Paula recently wrote a book encouraging law students to have a productive, upbeat happy, and grateful outlook on life (A short & happy guide to being a law school student).
Paula’s well-intentioned book has rather bizarrely been attacked by scambloggers as “dehumanizing”, “vain”, “untrustworthy” and “insidious.” The scambloggers are not happy people, and reacted as if burned by Paula’s sunshine. They worry that Paula’s thesis implies that “their failure must be due to their unwillingness to think happy and thankful thoughts.”
Happiness and success tend to go together. Some people assume that success leads to happiness. But an increasing number of psychological studies suggest that happiness causes success. (here and here) Happiness often precedes and predicts success, and happiness appears to be strongly influenced by genetic factors.
Leaving aside the question of how much people can change their baseline level of happiness, being happier—or at least outwardly appearing to be happier—probably does contribute to success, and being unhappy probably is a professional and personal liability.
People like working with happy people. They don’t like working with people who are unhappy or unpleasant. This does not mean that people who are unhappy are to blame for their unhappiness, any more than people who are born with disabilities are to blame for being deaf or blind.
But it does raise serious questions about whether studies of law graduates’ levels of happiness are measuring causation or selection. We would not assume that differences between the height of law graduates and the rest of the population were caused by law school attendance, and we probably should not assume that law school affects happiness very much either.
April 21, 2016
The following law professors were elected to the Academy this year: Bernard Black (Northwestern), Erwin Chemerinsky (UC Irvine), Liz Magill (Dean, Stanford), Trevor Morrison (Dean, NYU), and Peter Schuck (emeritus, Yale). In addition, Kim Lane Scheppele (now Princeton, formerly a law professor at Penn) was also elected in the "Law" section of the Academy. Also elected in other sections of the academy were law professors Jack Knight (Duke), elected in Political Science, and John Monahan (Virginia), elected in Psychology. In addition, two former law professors were elected in the "Educational Administration" section: David Leebron, President of Rice University (and formerly a law professor at Columbia), and Joel Seligman, President of the University of Rochester (and formerly a law professor at the University of Michigan and other schools).
April 14, 2016
They are: Erin O'Hara O'Connor (Vanderbilt), Hari Osofsky (Minnesota), and Heidi Hurd (Illinois). A strong line up of candidates, as one would expect for a school with a national scholarly profile. Hurd was a very successful Dean at the University of Illinois, who then got unfairly smeared during an expose of political meddling in admissions. Kudos to Florida State for correctly assessing what transpired and making her a finalist for their Deanship.