June 21, 2018
These are non-clinical appointments that will take effect in 2018 (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. Feel free to e-mail me with news of additions to this list.
*Kerry Abrams (immigration law, family law) from the University of Virginia to Duke University (to become Dean).
*Robert Ahdieh (international trade, financial regulation, federalism) from Emory University to Texas A&M University (to become Dean).
*Richard Albert (constitutional law, comparative constitutional law) from Boston College to the University of Texas, Austin (effective January 2018).
*Hilary Allen (financial regulation, corporate) from Suffolk University to American University.
*Albertina Antognini (family law, property) from the University of Kentucky to the University of Arizona (untenured lateral).
*Olufunmilayo Arewa (intellectual property, international trade, entrepreneurship, law & technology) from the University of California, Irvine to Temple University.
*Lisa Avalos (criminal law) from the University of Arkansas, Fayetteville to Louisiana State University (untenured lateral)
*Mario Barnes (constitutional law, criminal law, national security law, race & the law) from the University of California, Irvine to the University of Washington (to become Dean).
*Joshua Blank (tax) from a professor of practice position at New York University to the University of California, Irvine.
*Khaled A. Beydoun (constitutional law, civil rights, torts) from the University of Detroit Mercy School of Law to the University of of Arkansas, Fayetteville.
*Binyamin Blum (legal history, evidence, criminal procedure) from Hebrew University, Jerusalem to the University of California Hastings (effective spring 2018) (untenured lateral).
*Jeremy Bock (intellectual property, civil procedure) from the University of Memphis to Tulane University (untenured lateral).
*William Boyd (environmental law, energy law) from the University of Colorado, Boulder to the University of California, Los Angeles.
*Samuel Bray (remedies, property, constitutional law) from the University of California, Los Angeles to the University of Notre Dame.
*Emily Bremer (administrative law, legislation, civil procedure) from the University of Wyoming to the University of Notre Dame (untenured lateral).
*Jennifer Chacon (immimgration law, constitutional law, criminal law & procedure) from the University of California, Irvine to the University of California, Los Angeles.
*Anupam Chander (law & technology, international trade) from the University of California, Davis to Georgetown University.
*Stewart Chang (family law, comparative law) from Whittier Law School to the University of Nevada, Las Vegas.
*Jessica Clarke (sexual orientation, gender & law; employment discrimination; constitutional law) from the University of Minnesota to Vanderbilt University.
*Frank Rudy Cooper (criminal procedure, civil rights, race, gender & law) from Suffolk University to the University of Nevada, Las Vegas.
*Seth Davis (administrative law, federal courts, federal Indian law, fiduciary law) from the University of California, Irvine to the University of California, Berkeley.
*Diane Desierto (public and private international law) from the University of Hawaii to the University of Notre Dame (School of International Affairs).
*Melissa J. Durkee (international law, transnational law, corporate) from the University of Washington, Seattle to the University of Georgia.
*Atiba Ellis (election law, civil rights, race & the law) from West Virginia University to Marquette University.
*Victor Fleischer (tax, corporate law) from the University of San Diego to the University of California, Irvine.
*David Franklyn (intellectual property, law & technology) from the University of San Francisco to Golden Gate University.
*Nuno Garoupa (law and economics, comparative law) from Texas A&M University to George Mason University.
*Brandon Garrett (criminal procedure, civil rights) from the University of Virginia to Duke University.
*Andrew Gold (private law theory, fiduciary law, corporate) from DePaul University to Brooklyn Law School.
*Philip Hackney (tax) from Louisiana State University to the University of Pittsburgh.
*Victoria Haneman (trusts & estates; tax) from Concordia University (Idaho) to Creighton University (untenured lateral).
*Christopher Holman (intellectual property, law & biotechnology) from the University of Missouri, Kansas City to Drake University.
*Robert Jackson, Jr. (corporate law) from Columbia University to New York University (though he will be on leave initially while serving on the SEC).
*Dalié Jiménez (bankruptcy, consumer law) from the University of Connecticut to the University of California, Irvine.
*Kristin Johnson (financial markets, corporate) from Seton Hall University to Tulane University.
*Michael Kang (election law) from Emory University to Northwestern University.
*Orin Kerr (criminal procedure, computer crime law) from George Washington University to the University of Southern California (effective January 2018).
*Robert Knowles (civil procedure, national security law) from Valparaiso University to the University of Baltimore (untenured lateral).
*Eugene Kontorovich (constitutional law, federal courts, public international law) from Northwestern University to George Mason University.
*Rebecca Kysar (tax) from Brooklyn Law School to Fordham University.
*Jill Wieber Lens (torts, products liability, remedies) from Baylor University to the University of Arkansas-Fayetteville (effective January 2018).
*Sheldon Bernard Lyke, (property, trusts & estates, critical race theory) from Whittier Law School to Northern Kentucky University Chase College of Law (untenured lateral)
*Suzette Malveaux (civil procedure, civil rights, complex litigation) from Catholic University to the University of Colorado, Boulder.
*David Marcus (civil procedure, administrative law, complex litigation) from the University of Arizon to the University of California, Los Angeles.
*Margaret Sova McCabe (food & agriculture law) from the University of New Hampshire to the University of Arkansas, Fayetteville (to become Dean).
*Khrista McCarden (tax) from Pepperdine University to Tulane University (untenured lateral).
*Jeremy R. McClane (corporate, securities, commercial law) from the University of Connecticut to the University of Illinois, Urbana-Champaign (untenured lateral).
*Justin McCrary (law & economics, empirical legal studies, corporate) from the University of California, Berkeley to Columbia University.
*Agnieszka McPeak (torts, law & technology, privacy) from the University of Toledo to Duquesne University (untenured lateral).
*Curtis Milhaupt (Japanese law, East Asian legal system comparative corporate governance) from Columbia University to Stanford University (effective January 2018).
June 04, 2018
Congratulations to the Chicago Alumni and Fellows on the teaching market who accepted tenure-track jobs
MOVING TO FRONT FROM MAY 10--UPDATED WITH FULL LIST
It was a good year to be looking for a tenure-track teaching job, and almost all our candidates had multiple tenure-track offers this year. Here are the two JD alums and the various Fellows we were working with this year, all of whom got tenure-track positions; they are:
Deepa Das Acevedo ’16 who will join the faculty at the University of Alabama. She received her PhD in Anthropology from the University of Chicago in 2013 and her J.D. cum laude, also from Chicago, in 2016, where she was Articles Editor of the University of Chicago Legal Forum. Most recently, she was a Sharswood Fellow at the University of Pennsylvania Law School. Her teaching and research interests include labor and employment law, ERISA, torts, and comparative law (especially Indian).
LaToya Baldwin Clark who will join the faculty at the University of California, Los Angeles. She is presently the Dickerson Fellow at the Law School. She received her M.A. in Criminology from the University of Pennsylvania in 2008, her Ph.D. in Sociology from Stanford University in 2014, and her J.D., also from Stanford, that same year. She clerked for Judge Claudia Wilken on the Northern District of California and for Justice Goodwin Liu of the California Supreme Court, before coming to Chicago in 2016. Her teaching and research interests include civil rights, family law, employment discrimination, criminal law, and property.
Sheldon A. Evans ’12 who will join the faculty at St. John's University. At the Law School, he was a member of the University of Chicago Legal Forum and joined Gibson Dunn as a litigation associate in Los Angeles upon graduation. He subsequently clerked for Judge Lavenski Smith on the U.S. Court of Appeals for the Eight Circuit before returning to Gibson Dunn. His teaching and research interests include criminal law & procedure, immigration law, professional responsibility, contracts, and civil procedure.
Brian D. Feinstein who will join the faculty of the Wharton School at the University of Pennsylvania. He is presently a Bigelow Fellow at the Law School. He received his Ph.D. in Government from Harvard University in 2009 and his J.D. cum laude from Harvard Law School in 2012, where he was Articles Editor of the Harvard Law & Policy Review. He clerked for Judge John Tinder on the U.S. Courts of Appeals for the Seventh Circuit, and was an associate for three years with Arnold & Porter in Washington, DC, where he served as outside counsel for the Federal Housing Finance Agency, among other matters. His teaching and research interests include administrative law, legislation, financial regulation, property, civil procedure, and empirical legal studies.
Hiba Hafiz who will join the faculty at Boston College. She is presently a Bigelow Fellow at the Law School. She received a Ph.D. in Comparative Literature from Yale University in 2007 and a J.D. from Columbia University in 2010, where she was the Notes & Submissions Editor of the Columbia Human Rights Law Review. She clerked for Judge José Linares on the U.S. District Court for New Jersey and then for Judge Juan Torruella on the U.S. Court of Appeals for the First Circuit. She was a litigation associate, focusing on antitrust, with Cohen Milstein in Washington DC for three years before coming to Chicago. Her teaching and research interests include labor and employment law, antitrust, business associations, contracts, and administrative law.
Dorothy Shapiro Lund who will join the faculty at the University of Southern California. She is presently a Bigelow Fellow at the Law School. She received her J.D. cum laude from Harvard in 2013. She practiced with Sullivan & Cromwell in New York, and then clerked for Judge Leo Strine on the Delaware Supreme Court and Judge Joel Flaum on the U.S. Court of Appeals for the Seventh Circuit before coming to the Law School. Her teaching and research interests include corporate law, securities regulation, contracts, financial regulation, and corporate finance.
Diego A. Zambrano who will join the faculty at Stanford University. He is presently a Bigelow Fellow at the Law School. He received his J.D. cum laude from Harvard Law School in 2013, and then joined Clearly Gottlieb in New York as a litigation associate, where he had extensive experience in complex commercial litigation, especially transnational. His teaching and research interests include civil procedure, complex litigation, international business transactions, business associations, conflicts and alternative dispute resolution.
I have followed this case only slightly until recently. Briefly: Brock Turner, a Stanford undergraduate, was convicted of digital rape of a woman after a fraternity party; the judge in the case, Judge Persky, gave him a relatively lenient sentence (i.e., little jail time, but a lifetime scartlet letter as a "sex offender") given that he was a first offender, that he was young, and intoxicated (as was the victim). The sentence imposed had actually been recommended by the probation officer who evaluated the case.
Michele Dauber, a law professor at Stanford, whose own child was friends with the victim, took a strong interest in the case, and has since launched a disgraceful jihad against the judge, well beyond Donald Trump's racist insults at a judge in California overseeing the "Trump University" fraud case. Professor Dauber launched a recall petition against a judge whose sentencing decision she disliked, and whose record she then misrepresented. A lengthy story has now appeared about her jihad. One of the most important facts is that Judge Persky is a liberal, who tries to find ways to avoid jail time for criminal offenders. If I believed in gods, I would say, "God bless him."
Academic freedom protects Professor Dauber's right to undermine the rule of law. It does not protect her from the opinion of others members of her profession.
Fortunately, and as I would have expected, the vast majority of the Stanford Law faculty opposes her recall effort. I quote the letter in part, since it makes clear how outrageous Professor Dauber's behavior is:
We the undersigned are part of a broad diversity of law professors from California universities; among our relevant fields of specialization are criminal law, gender and law, and constitutional law. We write in strong opposition to the campaign to recall Judge Aaron Persky of the Santa Clara County Superior Court. We do so because this recall campaign, which just now is beginning the formal process of gathering signatures, threatens the fundamental principles of judicial independence and fairness that we all embed in the education of our students.
The mechanism of recall was designed for and must be limited to cases where judges are corrupt or incompetent or exhibit bias that leads to systematic injustice in their courtrooms. None of these criteria applies to Judge Persky. The recall campaign was instigated in response to a sentencing decision in the case of Brock Turner, where the judge followed a probation report recommendation and exercised discretion towards a lenient sentence, in accordance with the California Penal Code. We appreciate that some people (indeed including some of the signers of this letter) might have chosen a different result, but the core values of judicial independence and integrity require the judge to make a decision based on the record (including, in this case, the recommendation of a skilled professional, a probation officer) -- not on public outcry about a controversial case. Judge Persky's decision was controversial, but it was a lawful decision. Other sentencing decisions by Judge Persky that have been challenged by the recall movement have followed the equally common and legitimate practice of accepting a recommendation agreed on by the prosecution and defense.
May 25, 2018
May 24, 2018
Skeptical academics and journalists reject Koch-Brothers-backed claims of "free speech crisis" on campus (Michael Simkovic)
Following up on my previous post,
"The purpose of media exaggeration of incidents at universities appears to be to discredit universities in the eyes of conservatives, libertarians, and moderates. The anti-university campaign is working. . . . Republican resentment toward universities is evident at the national level. Recent legislation increased taxes on universities while leaving other 501(c)(3) educational organizations such as think tanks unscathed.
The anti-university campaign appears to be supported by a network of organizations funded by wealthy conservatives and libertarians including the Koch Brothers. [At Koch-network funded events for conservative and libertarian professors and graduate students across the country] UCLA Law Professor Eugene Volokh, encouraged attendees to push the envelope in expressing controversial conservative and libertarian views on campus, draw the ire of their university administrations and progressive students, and document the incidents for him so that he could publicize them . . . . Volokh has publicly advocated video surveillance of hecklers (“never interrupt the enemy when he is making a mistake … but always videotape him”) and using internet publicity to inflict “libertarian-approved-pain [on] university administrators.” Volokh also advocated suing universities. . . .
The Koch Brothers’ funded Goldwater Institute, seized on the non-event at CUNY to push legislation to turn state universities into passive distribution channels for propaganda, expel protestors (and perhaps people who simply ask pointed questions), centralize control in the hands of political appointees, strip financial resources, encourage frivolous lawsuits, and monitor and intimidate university officials, professors, and students. . . . Versions of Goldwater’s proposal have already been enacted in Wisconsin—where Republicans effectively eliminated tenure protections for professors at the state university—and in North Carolina, where Republican political appointees shuttered a law school center dedicated to studying poverty (see also here) and crippled the Civil Rights Center (here and here)."
Erwin Chemerinsky and co-authors of the Report of the Chancellor’s Commission on Free Speech at U.C. Berkely wrote:
U.C. Berkeley “spent nearly $4 million—during a time of severe fiscal duress—on security costs for [disruptive speeches by far-right provocateurs in] September 2017 alone. . . . This is not sustainable [given Berkeley’s] $150+ million deficit. . .
Many Commission members are skeptical of [Milo Yiannopoulos and Ann Coulter]’s commitment to anything other than the pursuit of wealth and fame through the instigation of anger, fear, and vengefulness in their hard-right constituency. Speech of this kind is hard to defend, especially in light of the acute distress it caused (and was intended to cause) to staff and students, many of whom felt threatened and targeted by the speakers and by the outside groups financing their appearances.”
[Excessive financial costs were imposed on U.C. Berkeley and the taxpayers of California] by “very small groups of students working closely with outside organizations” as “part of a coordinated campaign to organize appearances on American campuses likely to incite a violent reaction, in order to advance a facile narrative that universities are not tolerant of conservative speech.”
May 22, 2018
We are indebted, as always, to Professor Sarah Lawsky (Northwestern) for compiling it yet again. A few striking data points: total rookie hires increased from 62 last year to 75 this year; I was expecting more like 80, but perhaps the small pool of candidates led some schools not to hire at the end of the day. 56 schools did hire, up from 42 last year. Barring a war or economic catastrophe, I expect the upward trend in both total hires and the number of schools hiring to continue, given the stabilization, indeed, increase, in the applicant pool. (You can see details about the Chicago placements this year here.)
May 17, 2018
May 15, 2018
NYT columnist Roger Cohen has the details. Columbia faculty are calling on President Bollinger not to open a Columbia affiliated Center in Israel, given uncertainty about which Columbia faculty will actually be permitted to travel there. American law professors have signed an open letter condemning the deportation of Professor Franke.
ADDENDUM: Here is a letter from Israeli law professors and the list of signatories: Download Franke letter English final
UPDATE: Columbia's Dean, Gillian Lester, kindly wrote to me and invited me to share the following:
May 07, 2018
University of Minnesota law professor Richard Painter joins the long list of people to be defamed by Alan Dershowitz
May 04, 2018
The recent tax records show that school’s 88-year-old founder, Thomas Brennan, a former Michigan state Supreme Court justice who stepped down as Cooley’s president in 2002, has continued to be paid more than $329,000 a year as an emeritus professor even though he works only five hours a week. An audit released last year revealed that under his contract, Brennan is entitled to receive a salary “based on two times the salary of a Michigan Supreme Court Justice, plus certain other benefits, until his death.”
The school said Brennan was also unavailable for an interview. He has continued to speak out publicly, however, through his “Old Judge Says” blog, in which he offers commentary that might easily be perceived as anti-Islamic, homophobic and radically insensitive. In a 2016 post, he remembered with affection the blackface minstrel shows of his youth. He recalled how he and his brother performed in local minstrel shows in the Detroit area, “our faces blacked to the teeth.”
“In these days of political correctness, the whole idea of minstrelsy seems preposterous,” he wrote. “But the truth is that minstrelsy was fun.”
Other blog posts have criticized the move in Southern states to remove the statues of Confederate Army generals from public spaces. “Political correctness is running amuck,” he wrote. “The Civil War did in fact occur. And there were good people on both sides.” He has labeled Islam “a primitive belief system which comingles [sic] religious doctrine with civil law.” He described the 2015 Supreme Court ruling that guaranteed the right to same-sex marriage as “evil.” The decision, he said, meant that “our beloved nation will slide further toward Armageddon.”
Quite a racket the old parochial bigot has going!