December 04, 2017
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.
*Richard Albert (constitutional law, comparative constitutional law) from Boston College to the University of Texas, Austin (effective January 2018).
*Joshua Blank (tax) from a professor of practice position at New York University to the University of California, Irvine.
*Binyamin Blum (legal history, evidence, criminal procedure) from Hebrew University, Jerusalem to the University of California Hastings (effective spring 2018) (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.
*Robert Jackson, Jr. (corporate law) from Columbia University to New York University (though he will be on leave initially while serving on the SEC).
*Orin Kerr (criminal procedure, computer crime law) from George Washington University to the University of Southern California (effective January 2018).
*Jill Wieber Lens (torts, products liability, remedies) from Baylor University to the University of Arkansas-Fayetteville (effective January 2018).
*Curtis Milhaupt (Japanese law, East Asian legal system comparative corporate governance) from Columbia University to Stanford University (effective January 2018).
*Frank Partnoy (corporate, securities) from the University of San Diego to the University of California, Berkeley.
*James Ryan (education law) from Harvard University Education School back to University of Virginia (to become President of the University).
*Rose Cuison Villazor (immigration law, equal protection, critical race theory) from the University of California, Davis to Rutgers University.
November 30, 2017
November 03, 2017
|1. Yale University (Condorcet winner: wins contests with all other choices)|
|2. Harvard University loses to Yale University by 77–67|
|3. University of Chicago loses to Yale University by 118–32, loses to Harvard University by 127–21|
|4. New York University loses to Yale University by 122–28, loses to University of Chicago by 79–60|
|5. Stanford University loses to Yale University by 121–29, loses to New York University by 73–65|
|6. Columbia University loses to Yale University by 126–21, loses to Stanford University by 85–56|
|7. University of California, Berkeley loses to Yale University by 137–15, loses to Columbia University by 113–29|
|8. University of Pennsylvania loses to Yale University by 140–9, loses to University of California, Berkeley by 74–62|
|9. University of Virginia loses to Yale University by 138–9, loses to University of Pennsylvania by 75–55|
|10. University of Michigan loses to Yale University by 140–9, loses to University of Virginia by 69–52|
|11. Duke University loses to Yale University by 144–6, loses to University of Michigan by 78–49|
|12. Northwestern University loses to Yale University by 142–8, loses to Duke University by 67–62|
|13. Georgetown University loses to Yale University by 140–10, loses to Northwestern University by 70–63|
|14. Cornell University loses to Yale University by 144–5, loses to Georgetown University by 71–63|
|15. University of California, Los Angeles loses to Yale University by 141–9, loses to Cornell University by 66–61|
|16. University of Texas, Austin loses to Yale University by 144–4, loses to University of California, Los Angeles by 74–49|
|17. Vanderbilt University loses to Yale University by 139–6, loses to University of Texas by 77–41|
|18. University of Southern California loses to Yale University by 141–6, loses to Vanderbilt University by 67–54|
|19. George Washington University loses to Yale University by 138–11, loses to University of Southern California by 81–43|
|20. University of California, Irvine loses to Yale University by 143–6, loses to George Washington University by 70–57|
|Runner-up (essentially tied with UC Irvine): University of Minnesota loses to Yale University by 141–7, loses to University of California, Irvine by 62–56|
Now compared to earlier Condorcet Internet polls I've run here, which just presented school names, this survey did seem to have some minor impact on muting the U.S. News effect: e.g., Stanford dropped from third to fifth, while NYU easily bested Columbia. I may try to put together another such poll for schools in the 21-30 range, say--perhaps next week.
November 01, 2017
Each fall, I've run a condorcet poll about "top law faculties," but just listing school names. This year, I am going to try something slightly different, and if it works, I'll expand it beyond the top 20. At this link, you will get a list of roughly 15 faculty members at 24 law schools that might be in the "top 20." The listing of faculty is representative; we primarily used the most recent Sisk citation data, but sometimes added faculty who were elected to the American Academy even if not in the top 15 for citations. The name of the school appears parentheses, but let's see if asking readers to look at the names of faculty first affects their ranking.
ADDENDUM: The list for Georgetown should have included David Luban, that was an accidental omission.
October 12, 2017
There is an account, of sorts, at the Penn student newspaper (it's sub-headline comletely mischaracterizes through innuendo what Wax said about slavery, judging from the account later in the body of the article--but this makes me wonder how reliable the whole thing is). I can not tell to what extent Professor Wax addressed, if at all, the substantive (and devastating) criticism she receives from several of her colleagues.
UPDATE: A friend at Penn points out that Professor Wax's entire talk can be viewed here. I have not watched it, but may later.
October 09, 2017
There's less competition (fewer than 500 candidates) and more demand from schools (we don't have hard numbers yet, but there are at least 65 schools that are interviewing rookies, the highest number since 2013--these include Harvard, Chicago, Stanford, Columbia, Yale, NYU, Virginia, Michigan, Berkeley, Penn, Duke, Cornell, Northwestern, UCLA, USC, Vanderbilt, Illinois, North Carolina, Penn State-University Park, Penn State-Dickinson, Miami, American, St. Louis, Baltimore, Tulane, William & Mary, George Mason, Alabama, Richmond, Brooklyn, Cardozo, UC Davis, Northern Kentucky, Belmont, Lincoln Memorial-Duncan, Cal Western, Loyola/Chicago, Oklahoma, Arizona State, Northeastern, Connecticut, Suffolk, Washington & Lee, Ohio State, Colorado, Florida State, St. John's, St. Mary's, Temple, Wash U/St. Louis, Boston Univ, Boston College, Arizona, Denver, UC Irvine, Notre Dame, Drexel, South Carolina, Dayton, Wake Forest, Fordham, Tulsa, Houston, Idaho, Mississippi College, Quinnipiac).
ADDENDUM: Just to be clear, we aren't back to 2010 levels by any means, but the ratio of hiring schools to job seekers is as good as it's been in at least four or five years.
UPDATE: Also looking at rookies are Hofstra (which may appoint up to four people!), Georgetown, Maryland, and Oregon. So now we're up to 69 schools looking at rookie hires! Comments are open, for faculty from schools also hiring this year that I've not mentioned to note that--comments must be signed, full name and valid e-mail address. Thanks.
October 05, 2017
I've been hearing about the turmoil at Emory Law from both insiders and colleagues elsewhere, who have also heard from insiders. Here's what seems absolutely clear at this point:
1. Prof. Robert Schapiro announced last March he would not seek another term as Dean.
2. Disregarding faculty input, the central administration (itself in transition) appointed an alum, a retired partner from Alston & Bird, as the Interim Dean.
3. A new Provost (Dwight McBride, a professor of English and African-American studies, previously at Northwestern) took over at Emory on July 1, and the Interim Dean started August 1. A Dean search committee was announced a few weeks later.
4. Suddenly, on September 7, the new Provost called a meeting of all faculty and staff for the next day. Provost McBride declined to take questions, and announced that (1) the Interim Dean was stepping aside ("for personal reasons"), and the Provost was appointing Prof. Jim Hughes (a current Associate Dean) as the new Interim Dean, but for a two-year period; this was done without any formal consultation with the faculty, and is probably in violation of ABA rules. Provost McBride also announced the suspension of the Dean search, and announced he was going to appoint "external reviewers" to assess the law school. He also, in the words of one faculty member, "launched into a litany of asserted grievances against the law school, which ranged from the uninformed to the false." (For what it's worth, Emory has managed to sustain its US News ranking, despite the turmoil in legal education--it was 22nd most recently--so it's not like a ranking collapse prompted this dramatic intervention. Indeed, one might have thought the recruitment of Prof Margo Bagley back from the University of Virginia last year was a sign of a school in a competitive position.)
I've yet to see any reporting on this, but this is, to put it mildly, a highly irregular set of events for a major law school. Readers should feel free to send me links to more information about what's going on.
October 04, 2017
September 29, 2017
How should a Dean who understands academic freedom respond to public controversy about faculty writing?
So we know from the unhappy example of Dean Ferruolo throwing a faculty member under the bus what not to do: you don't publish a statement on the homepage of the school singling out a faculty member's work, declare that not only do you, as Dean, disagree with it, but suggest that these are pariah views in "our law school community", and imply that the offending views may implicate "racial discrimination" and persecution of the "vulnerable" and "marginalized." Making an obligatory reference to academic freedom in passing does not undo the damage that this decanal misconduct causes.
The job of administrators is not to share their opinions about the views of members of the faculty, but to administer a university environment in which faculty and students may express points of view that do not otherwise violate anti-discrimination, sexual harassment or other laws. (The silly op-ed did not violate any applicable law obviously). So one obvious, and preferable, option would have been for the Dean to make no public statement at all. He could have met with concerned student groups, and educated them about academic freedom and reaffirmed institutional policies about equal opportunity. If a Dean makes any public statement in the context of such a controversy, it should not include any comment on a faculty member's views; it would suffice, for example, to simply reaffirm the institution's commitment to equal opportunity for all students and the like.
The Kalven Report got it exactly right fifty years ago, and all administrators ought to read and think about it. The university sponsors critics, it is not itself a critic or advocate (except for that narrow range of issues central to the university's function). A Dean, or other university administrator, forfeits his academic freedom upon becoming Dean--in part, because Deaning is not a scholarly enterprise but an administrative one, and academic freedom exists only to protect the scholarly pursuit of truth. As an administrator, the Dean's job is to protect academic freedom and protect an environment in which faculty and students can express their views in the appropriate fora, such as the classroom, scholarship, and sometimes in the public sphere. In order to preserve a community of open and vigorous debate, the Dean must not lend his authority to one side or the other. That there is an uproar about a faculty member's scholarship or op-ed does not mean the Dean must speak out, except perhaps to educate people about what a university is and what academic freedom is and why it matters.
September 27, 2017
AG Sessions invited to talk about "free speech" (but not kneeling NFL players!) at Georgetown Law...
...but only to friends of Georgetown law professor Randy Barnett, with pre-screened questions. Other Georgetown law faculty and students aren't happy.
UPDATE: Various folks have sent me Prof. Barnett's lengthy explanation of the event and what actually transpired; it is below the fold for those who are interested: