August 14, 2018

Chicago Alumni and Fellows on the teaching market 2018-19

This post is strictly for schools that expect to do hiring this year.

In order to protect the privacy of our candidates, please e-mail me at bleiter@uchicago.edu to get a copy of the narrative profiles of our candidates, including hyperlinks to their homepages.  All these candidates will be in the first FAR distribution.

We have an excellent group of eleven candidates this year (eight alumni, one of whom is also a Bigelow; two additional Bigelow Fellows; and one Behavioral Law & Economics Fellow), who cover many curricular areas including intellectual property, civil procedure, jurisprudence, evidence, federal courts, criminal law, criminal procedure, criminal justice, torts, antitrust, professional responsibility, trial advocacy, legislation, contracts, international law and organizations, human rights, immigration law, administrative law, remedies, bankruptcy, financial institutions, corporate law, corporate finance, empirical legal studies, federal income tax, tax policy, patents, securities regulation, and international business transactions, among other areas.

Our candidates include former federal appellate clerks; Law Review editors; VAPs and Fellows at leading law schools; JD/PhDs in Philosophy, Economics, Linguistics, Managerial Economics & Strategy, and Political Science; and accomplished practitioners as well as scholars.  Almost all have publications, sometimes multiple publications, and all have writing samples available upon request.

If when you e-mail, you tell me a bit about your hiring needs, I can supply some more information about all these candidates, since we have vetted them all at some point in the recent past.


August 14, 2018 in Faculty News | Permalink

Ten Most-Cited Law Faculty in the United States for the period 2013-2017

Based on the latest Sisk data, here are the ten most-cited law professors in the U.S. for the period 2013-2017 (inclusive) (remember that the data was collected in late May of 2018, and that the pre-2018 database did expand a bit since then).  Numbers are rounded to the nearest five.

Rank

Name

School

Citations

Area(s)

Age in 2018

1

Cass Sunstein

Harvard University

4900

Constitutional, Administrative, and Environmental Law, Behavioral Law & Economics

64

2

Erwin Chemerinsky

University of California, Berkeley

2570

Constitutional Law, Civil Procedure

65

3

Eric Posner

University of Chicago

2330

Law & Economics, International Law, Commercial Law, Contracts

53

4

Mark Lemley

Stanford University

2180

Intellectual Property and Cyberlaw

52

5

Richard Epstein

New York University, University of Chicago

2165

Constitutional Law, Torts, Law & Economics

75

6

William Eskridge, Jr.

Yale University

2160

Constitutional Law, Legislation

67

7

Akhil Amar

Yale University

1600

Constitutional Law

60

8

Thomas Merrill

Columbia University

1595

Administrative, Constitutional, and Property Law

69

9

Mark Tushnet

Harvard University

1590

Constitutional Law, Legal History

72

10

Jack M. Balkin

Yale University

1580

Constitutional Law, Cyberlaw

62

 


August 14, 2018 in Faculty News, Rankings | Permalink

August 13, 2018

Top 50 Law Schools Based on Scholarly Impact, 2018

Professor Gregory Sisk & colleagues have updated their scholarly impact ratings (last edition), looking at mean and median citations to tenured faculty scholarship for the years 2013-2017 inclusive, using fall 2018 faculty rosters as the benchmark.  (Sisk et al. rank 70 faculties; I print the top 50, below.)  The weighted score represents the sum of the mean citations for the tenured faculty times 2, plus the faculty median.  Where the median is low relative to the immediate competition that's an indicator that a few highly cited faculty are carrying the school; in other cases, where the median is quite high, it's an indicator of more across the boards scholarly output.  By noting age, one can see that some faculties are heavily dependent on their most senior members for their citations.  Ties reflect the normalized weighted scores.

The citation counts were done during a two-week window in late May of this year in the Westlaw database as follow:  TE(Brian /2 Leiter) and date (aft 2012) and date (bef 2018).  "TE" limited the results to the body of the text, thus eliminating references to names in acknowledgments.  Although the searches were done in May of 2018, it's clear the pre-2018 database expanded after May (e.g., I had 553 hits when Sisk & colleagues did the study, while the same search, today, yields 589--that's a higher increase than in some other cases that were checked).  Across whole schools this won't matter, since the database was relatively stable during the two-week window when the data was collected.

Citations to faculty scholarship in law journals is, of course, only one metric of scholarly distinction and accomplishment.  Still, it is a useful check on uninformed opinions, and tracks rather well the actual scholarly output of different schools.  I'll have a few more substantive comments on the 2018 results tomorrow.

Over the coming weeks, I will post new lists of the most-cited scholars by specialty utilizing the Sisk data.

Results below the fold:

Continue reading


August 13, 2018 in Faculty News, Rankings | Permalink

August 03, 2018

Stanford Law Dean Liz Magill to return to UVA as new Provost in summer 2019

The UVA news release is here; Magill has been Dean at Stanford since 2012.  UVA will now be led by a President and Provost, both of whom are graduates of UVA's law school and former members of the UVA law faculty!


August 3, 2018 in Faculty News | Permalink

July 21, 2018

Northwestern Lecturer Mark A. Cohen’s Angry Outburst on Twitter (Michael Simkovic)

I recently pointed out some factual problems with claims by Northwestern lecturer Mark A. Cohen.  Cohen, writing in Forbes, claimed that faculty terminations at Vermont Law School were proof that student debt was unsustainable, not only at Vermont, but at all law schools except for a handful of elite institutions. 

Here’s the problem: When student debt levels are unsustainable, student default rates are high.  But at Vermont--and at most law schools--default rates are low.[1] 

When Professor David Herzig pointed out some of the relevant literature to Mr. Cohen, Cohen responded with the following angry outburst on twitter:

That "evidence" has been panned by every credible source I know. The methodology and premises upon which the conclusions were drawn are laughable and fly in the face of real studies. I was a bet-the-company trial lawyer for many years--the "study" you cite is 3rd rate fiction.”

Low student loan defaults for law graduates are consistent with the peer reviewed literature, such as The Economic Value of a Law Degree (final version here), Timing Law School (final version here), and related work by me and Frank McIntyre about the value of legal education.  Law degrees generally provide benefits that are substantially greater than their costs, even toward the low end of the distribution, across race (final version here), sex and college major, both before and after the financial crisis, and including those who graduate during a recession.  More than the top 75 percent of law graduates are getting good value relative to a terminal bachelor’s degree.[2]

Strong student loan performance is also consistent with the After the JD study (compare waves I, II, and especially III), which showed rapid income growth for graduates of even low ranked ABA-approved law schools, and eventually, six-figure median full-time incomes. 

Law students’ low default rates have featured in the business strategies of many student lenders, who are eager to refinance law student debt for interest rates substantially below those offered by the federal government.

Professor Herzig asked Mr. Cohen to be more specific about his sources and objections.

Mr. Cohen has yet to specify what he believes is wrong with the methodology in the studies—which were authored with a PhD labor economist, peer reviewed and carefully vetted, use high quality government data, use mainstream methods and assumptions that are well established in labor economics, and include sensitivity analyses and robustness checks.  The results have been replicated by other researchers.

Mr. Cohen also has yet to specify which “real studies” he thinks use better data and more widely accepted methods, and why.  He has yet to explain how his litigation experience qualifies him as a labor economist, statistician, and literary critic.  Or why, as a seasoned litigator, he thinks so many of the lawsuits against law schools have been dismissed.

Continue reading


July 21, 2018 in Faculty News, Guest Blogger: Michael Simkovic, Legal Profession, Ludicrous Hyperbole Watch, Of Academic Interest, Professional Advice, Science, Web/Tech, Weblogs | Permalink

July 19, 2018

Lateral hires with tenure or on tenure-track, 2017-18

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.

 

*Gillian Hadfield (law & economics, contracts, institutional design, regulation of markets) from the University of Southern California to the University of Toronto.

 

*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.

 

*Eric Johnson (torts, science and law, intellectual property) from the University of North Dakota to the University of Oklahoma (untenured lateral).

 

*Kit Johnson (immigration) from the University of North Dakota to the University of Oklahoma (untenured lateral).

 

*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). 

Continue reading


July 19, 2018 in Faculty News | Permalink

July 10, 2018

Akhil Amar shores up the clout of his SCOTUS clerkship recommendations going forward

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.   


June 4, 2018 in Faculty News | Permalink

Stanford's Michele Dauber's assault on the rule of law

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.

 

Continue reading


June 4, 2018 in Faculty News, Legal Profession, Of Academic Interest | Permalink

May 25, 2018

Berkeley's Angela Onwuachi-Willig named Dean at BU

The Boston University press release is here.  A big catch for BU!


May 25, 2018 in Faculty News | Permalink