September 20, 2017

USD Law Dean Stephen Ferruolo should either resign or issue a public apology...

...for his abject failure of leadership in one of his central duties as head of an academic institution:  to defend freedom of speech and inquiry by faculty and students on both scholarly matters and matters of public concern.  It is not his role to express his own opinions about positions defended by his faculty, either in their scholarship or in their contributions to public debate.  If he wants to express his own opinions, he should step down from the Deanship and rejoin the faculty.  But as Dean, his job is to defend freedom of speech and inquiry, even when it is unpopular.  He has failed.

USD Law professor Tom Smith has more, including a response from many of Larry Alexander's colleagues to the Dean's inappropriate public statement.

The op-ed by Larry and Penn law professor Amy Wax that has generated all the controversy was rather feeble, confusing correlation and causation in ways that were, by my lights, embarrassing and strange.  The piece has been subjected to sensible criticism from colleagues of Professor Wax.  I make my opinion known about the merits only so we can be clear that mine is an objection based on a crucial principle:  the job of academic administrators is to administer a university environment, which includes protecting the space for scholarly and political debate.  An administrator can only do that if he or she does not enter that space and take sides against members of the faculty or the student body.  Here is how the University of Chicago's 1967 Kalven Report (authored by famed First Amendment scholar Harry Kalven) puts it:

The mission of the university is the discovery, improvement, and dissemination of knowledge.  Its domain of inquiry and scrutiny includes all aspects and all values of society.  A university faithful to its mission will provide enduring challenges to social values, policies, practices, and institutions.  By design and effect, it is the institution which creates discontent with the existing social arrangements and proposes new ones.  In brief, a good university, like Socrates, will be upsetting.

 

The instrument of dissent and criticism is the individual faculty member or the individual student.  The university is the home and sponsor of critics; it is not itself the critic.....To perform its mission in the society, a university must sustain an extraordinary environment of freedom of inquiry, and maintain an independence from political fashions, passions, and pressures.  A university, if it is to be true to its faith in intellectual inquiry, must embrace, be hospitable to, and encourage the widest diversity of views within its own community....

 

Since the university is a community only for these limited and distinctive purposes, it is a community which cannot take collective action on the issues o fthe day without endangering the conditions for its existence and effectiveness.

 

The Dean speaks for that community, and the way Dean Ferruolo has spoken has now endangered the community he was charged with shepherding.

Up until this point, I had thought Dean Ferruolo had done rather well by USD, but he has failed, and failed mightily, here.  His choices are clear:  apologize for his failure in this instance, or resign.

Readers may be interested in my discussion of these issues in a column last Spring at CHE.  

UPDATE:  See also the discussion of the op-ed by Penn's Jonah Gelbach.


September 20, 2017 in Faculty News, Legal Profession, Of Academic Interest | Permalink

September 19, 2017

Northwestern's Dean, Dan Rodriguez, to step down at end of 2017-18...

...after a good six-year run.  A lot of good appointments made during his tenure, including Emily Kadens and Matt Spitzer from Texas, Deborah Tuerkheimer from DePaul, and David Schwartz from Chicago-Kent, among others.  (Longtime readers will recall that Rodriguez was a transformative  Dean at San Diego in the 1990s and early 2000s.)


September 19, 2017 in Faculty News | Permalink

Chicago Alumni & Fellows on the Teaching Market, 2017-18

MOVING TO THE FRONT FOR THE LAST TIME

This post is for schools who expect to be 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 nine candidates this year (three JD alumni, one SJD alumna, four Bigelow Fellows, and one Dickerson Fellow), who cover many curricular areas, including labor law, employment law, ERISA, civil rights, property, family law, criminal law, immigration law, criminal procedure, civil procedure, professional responsibility, contracts, comparative law, administrative law, legislation, financial regulation, empirical legal studies, business associations, corporate law & securities regulation, corporate finance, antitrust, international law, human rights, alternative dispute resolution, international business transactions, and conflicts, among other areas.

Our candidates include former federal appellate clerks; Law Review editors; JD/PhDs and LLM/SJDs; and accomplished practitioners as well as scholars.  All have publications and writing samples. 

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.


September 19, 2017 in Faculty News | Permalink

September 12, 2017

Judge Posner talks to the NY Times about his sudden retirement

Lots of gems, as one might expect.  On his approach to judging and some of his critics:

 

“I pay very little attention to legal rules, statutes, constitutional provisions,” Judge Posner said. “A case is just a dispute. The first thing you do is ask yourself — forget about the law — what is a sensible resolution of this dispute?”

 

The next thing, he said, was to see if a recent Supreme Court precedent or some other legal obstacle stood in the way of ruling in favor of that sensible resolution. “And the answer is that’s actually rarely the case,” he said. “When you have a Supreme Court case or something similar, they’re often extremely easy to get around.”

 

I asked him about his critics, and he said they fell into two camps....

 

He said he had less sympathy for the second camp. “There are others who are just, you know, reactionary beasts,” he said. “They’re reactionary beasts because they want to manipulate the statutes and the Constitution in their own way.” 

And on his immediate reason for retiring:

He had become concerned with the plight of litigants who represented themselves in civil cases, often filing handwritten appeals. Their grievances were real, he said, but the legal system was treating them impatiently, dismissing their cases over technical matters.

“These were almost always people of poor education and often of quite low level of intelligence,” he said. “I gradually began to realize that this wasn’t right, what we were doing.”

 

In the Seventh Circuit, Judge Posner said, staff lawyers rather than judges assessed appeals from such litigants, and the court generally rubber-stamped the lawyers’ recommendations.

 

Judge Posner offered to help. “I wanted to review all the staff attorney memos before they went to the panel of judges,” he said. “I’d sit down with the staff attorney, go over his memo. I’d make whatever editorial suggestions — or editorial commands — that I thought necessary. It would be good education for staff attorneys, and it would be very good” for the litigants without lawyers.

 

“I had the approval of the director of the staff attorney program,” Judge Posner said, “but the judges, my colleagues, all 11 of them, turned it down and refused to give me any significant role. I was very frustrated by that.”

 

His new book, he said, would have added to the tension: “If I were still on the court, it would be particularly awkward because, implicitly or explicitly, I’m criticizing the other judges.”

 

Judge Posner said he hoped to work with groups concerned with prisoners’ rights, with a law school clinic and with law firms, to bring attention and aid to people too poor to afford lawyers.


September 12, 2017 in Faculty News, Legal Profession, Of Academic Interest | Permalink

September 06, 2017

University of Chicago Law School, Dickerson Fellowship for 2018-19

The University of Chicago Law School invites applications for the Earl B. Dickerson Fellowship, with an appointment at the rank of Instructor, for a twelve-month term to begin on July 1 or August 1, 2018. The Dickerson Fellowship is named after the first African-American graduate of the Law School, from the class of 1920. The Law School seeks candidates who demonstrate the promise of distinguished legal scholarship and law teaching and ideally have relevant practice experience that will qualify them to act as teachers and mentors of students. Among other considerations, we value candidates with diverse backgrounds and perspectives who will enrich and improve the student experience and the Law School's culture. The Dickerson Fellow will teach one or more courses per year and will be expected to publish high-quality scholarship and contribute to the intellectual life of the Law School. A J.D. is required. Candidates must apply online at the University of Chicago Academic Career Opportunities website, http://tinyurl.com/y94upx29, and upload a current curriculum vitae, law school transcript, and reference contact information. Applications will be considered until the position is filled or until June 30, 2018, whichever comes first.

The University of Chicago is an Affirmative Action/Equal Opportunity/Disabled/Veterans Employer and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national or ethnic origin, age, status as an individual with a disability, protected veteran status, genetic information, or other protected classes under the law. For additional information please see the University's Notice of Nondiscrimination at http://www.uchicago.edu/about/non_discrimination_statement/.

Job seekers in need of a reasonable accommodation to complete the application process should call 773-702-0287 or email ACOppAdministrator@uchicago.edu with their request.


September 6, 2017 in Advice for Academic Job Seekers, Faculty News | Permalink

September 01, 2017

Judge Posner to retire from the 7th Circuit

We are looking forward to seeing more of him around the Law School!

For the story of his appointment by President Reagan and confirmation in 1981, see pages 1614-1615 of this article.  President Reagan, who probably would be expelled for insufficient "conservativism" (whatever that is anymore) from today's Republican Party, surely did not know the legal force of nature he had unleashed when he appointed Posner.

On Judge Posner's jurisprudential significance, readers might also find this essay relevant.

And back in 2005, Judge Posner was a guest-blogger at my philosophy blog!

Dick Posner has always embodied the intellectual ideal of academic life at the University of Chicago:  always willing to engage all views, unforgiving in argument, and never confusing intellectual warfare with personal animosity.  It will be nice to see more of him.

 


September 1, 2017 in Faculty News, Legal Profession, Of Academic Interest | Permalink

August 30, 2017

Hiring committees and their curricular priorities can be announced...

August 28, 2017

Eight lateral moves that made people "stop and take note" in 2016-17

 Here are eight lateral moves from the 2016-17 list that, judging from my in-box and what I've heard other ways, made members of the academic community stop and take notice:

  

*Richard R.W. Brooks (contracts, business organizations, law & economics, law & social norms) from Columbia University to New York University.  Brooks only moved to Columbia from Yale a couple of years ago, but he's now joined a long list of faculty who have decamped downtown over the last dozen years from Morningside Heights:  Jose Alvarez, Cynthia Estlund, Scott Hemphill, Samuel Issacharoff, Trevor Morrison (who moved to become Dean), Catherine Sharkey, and Jeremy Waldron.  No faculty member has moved from NYU to Columbia in over 25 years, which is a remarkable transformation in the relative academic position of the two schools from a generation ago.  (Columbia has done plenty of lateral recruitment of its own, to be sure, poaching faculty from Yale, Chicago, and Virginia, among other places.  Interestingly, Columbia graduates continue to dominate NYU graduates in the job market for new lawyers, though that gap has narrowed from a generation ago.)

 

*Eleanor Brown (property, immigration and migration law, law & development) from George Washington University to Pennsylvania State University, University Park.  A scholar of migration and the role of property rights in migrant success, she takes up a joint appointment with both the law school and the school of international affairs, both of which will now be led by Hari Osofky, recruited from the University of Minnesota to be Dean of both.  It's always a good sign when a school is able to recruit established scholars from currently higher-ranked institutions.

 

*Erwin Chemerinsky (constitutional law, civil procedure) from the University of California, Irvine to the University of California, Berkeley (to become Dean).  One of the most influential (and most-cited) public law scholars in the United States, his move to Berkeley would have made news even if he weren't also becoming Dean.

 

*Brett Frischmann (intellectual property, Cyberlaw) from Cardozo Law School/Yeshiva University to Villanova University.  A leading scholar in these areas, Frischmann was recruited by Villanova with a new endowed University professorship.  A big pick-up for Villanova.

 

*Herbert Hovenkamp (antitrust, intellectual property, legal history) from the University of Iowa to the University of Pennsylvania.  The leading figure in antitrust in the United States, he spent roughly the last thirty years at the University of Iowa, turning down offers from Columbia and Chicago during that time.  But now he's joining Penn as a Penn-Integrates-Knowledge (PIK) University Professor, with appointments in the Law School and the Wharton School.  That's the second really eye-catching senior appointment for Penn recently; the year before, Penn recruited Beth Simmons, the eminent human rights scholar, from Harvard, also with a PIK University Professorship, and appointments in both the Law School and Political Science department.

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August 28, 2017 in Faculty News | Permalink

August 14, 2017

Law schools ranked by American Academy of Arts & Sciences membership, 2017-18

             FACULTY QUALITY BASED ON MEMBERSHIP IN THE AMERICAN ACADEMY OF ARTS & SCIENCES, 2017-18

                                                                       August 2017

The American Academy of Arts & Sciences each year elects members based on their contributions to scholarship, the arts, education, business, or public affairs. In reality, the Academy tends to be a bit “chummy”—schools already “rich” with members get “richer,” not always on the merits—though the sins tend to be of omission rather than inclusion.  (See this earlier post. Ironically, the earlier prejudice against Legal Realists has not carried over to Critical Legal Studies faculty.)  Faculty also tend to be elected later in their careers (though, on average, female faculty are elected at younger ages than male faculty in the last generation) and untenured faculty are never elected. 

 

With those caveats in mind, here are the ten law schools with the highest percentage of faculty elected to one of the scholarly sections of the American Academy of Arts & Sciences (excluding untenured faculty from the count for purposes of calculating the percentage). As you will see from the lists, below, total membership drops off rather quickly.  For purposes of this study, “faculty” means faculty who are wholly devoted to teaching and scholarship, even if they do so at more than one school, but only if they hold tenure in the Law School.  (Lists aim to be current for faculty affiliations come fall 2017.)  These criteria have the effect of excluding distinguished judges who still do some teaching (e.g., Frank Easterbrook, Richard Posner, and Diane Wood at Chicago, or Guido Calabresi at Yale), as well as law faculty elected in non-scholarly sections of the American Academy, like educational administration (e.g., John Sexton at NYU or Mark Yudof at Berkeley [though he is now emeritus]). 

Rank

School

Percentage of Senior Faculty Elected to AAAS

Percent of Elected Faculty Over 70 in 2017

1

Yale Law School

46%

29%

2

Harvard Law School

30%

31%

 

University of Chicago Law School

30%

33%

4

New York University School of Law

23%

32%

 

Columbia Law School

23%

71%

6

Stanford Law School

18%

22%

7

University of California, Berkeley School of Law

12%

33%

8

University of Michigan Law School

11%

80%

 

University of Virginia School of Law

11%

57%

10

Duke University School of Law

  8%

0%

 

Runners-up for the top ten

 

 

 

Georgetown University Law Center

  6%

33%

 

Northwestern University Pritzker School of Law

  6%

0%

 

University of Pennsylvania Law School

  5%

0%

 

Below is a list of the non-emeritus teaching faculty from each school ranked above who are elected to the Law Section of the American Academy of Arts & Sciences. Faculty 70 or older (in the year 2017) are marked with an *.  Those marked with an # were elected in a scholarly field other than Law.

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August 14, 2017 in Faculty News | Permalink

July 31, 2017

Lateral hires with tenure or on tenure-track, 2016-17

MOVING TO FRONT FOR THE LAST TIME--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.

 

*Aviva Abramovsky (commercial law, insurance law, financial regulation, legal ethics) from Syracuse University to the University at Buffalo (to become Dean).

 

*Ifeoma Ajunwa (privacy, health law & policy, antidiscrimination law) from the University of District Columbia Clarke School of Law to Cornell University Industrial and Labor Relations (with a courtesy appointment in law as well) (untenured lateral).

 

*Richard Albert (constitutional law, comparative constitutional law) from Boston College to the University of Texas, Austin (effective January 2018).

 

*Erez Aloni (family law, contracts, law & sexuality) from Whittier Law School to Allard School of Law at the University of British Columbia (untenured lateral). 

 

*Sahar Aziz (national security law, antidiscrimination law, Middle East law) from Texas A&M University to Rutgers University.

 

*Adam Badawi (contracts, corporate) from Washington University, St. Louis to the University of California, Berkeley.

 

*Shalanda Baker (energy law, international environmental law, administrative law) from the University of Hawaii to Northeastern University.

 

*Angela Banks (immigration law) from the College of William & Mary to Arizona State University.

 

*Natalie Banta (property, trusts & estates, tax) from Valparaiso University to Drake University (untenured lateral).

 

*Richard Bierschbach (criminal law & procedure) from Cardozo Law School/Yeshiva University to Wayne State University (to become Dean).

 

*Binyamin Blum (legal history, evidence, criminal procedure) from Hebrew University, Jerusalem to the University of California Hastings (starting in Spring 2018) (untenured lateral). 

 

*William Boyd (environmental law, energy law) from the University of Colorado, Boulder to the University of California, Los Angeles (effective 2018).

 

*Richard R.W. Brooks (contracts, business organizations, law & economics, law & social norms) from Columbia University to New York University.

 

*Alfred Brophy (legal history, trusts & estates) from the University of North Carolina, Chapel Hill (back after nine years) to the University of Alabama.

 

*Eleanor Brown (property, immigration and migration law, law & development) from George Washington University to Pennsylvania State University, University Park. 

 

*Christopher Bruner (corporate law, securities regulation) from Washington & Lee University to the University of Georgia.

 

*Marcilynn A. Burke (property, land use, natural resources) from the University of Houston to the University of Oregon (to become Dean).

 

*Megan Carpenter (intellectual property) from Texas A&M University to the University of New Hampshire (to become Dean).

 

*Erwin Chemerinsky (constitutional law, civil procedure) from the University of California, Irvine to the University of California, Berkeley (to become Dean).

 

*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.

 

*Catherine Fisk (labor & employment law, intellectual property, legal history, civil rights) from the University of California, Irvine to the University of California, Berkeley.

 

*Victor Flatt (environmental law, energy law) from the University of North Carolina, Chapel Hill (back, after eight years) to the University of Houston.

 

*Sheila Foster (property, land use, environmental law & policy, local government) from Fordham University to Georgetown University (joint with Public Policy).

 

*Eric Franklin (corporate, contracts, economic & community development clinic) from the University of Nevada, Las Vegas to the University of Tennessee, Knoxville (untenured latereal).

 

*Brett Frischmann (intellectual property, Cyberlaw) from Cardozo Law School/Yeshiva University to Villanova University.

 

*David Gamage (tax) from the University of California, Berkeley to Indiana University, Bloomington.

 

*Rachel Godsil (property, civil rights) from Seton Hall University to Rutgers University.

 

*Erica Goldberg (torts, criminal procedure, insurance law) from Ohio Northern University to the University of Dayton (untenured lateral).

 

*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.

 

*Woodrow Hartzog (privacy law, media law, Cyberlaw, intellectual property) from Cumberland School of Law, Samford University to Northeastern University.

 

*David Hasen (tax) from the University of Colorado, Boulder to the University of Florida, Gainesville.

 

*Allison Hoffman (health law & policy) from the University of California, Los Angeles to the University of Pennsylvania.

 

*David Hoffman (contracts, law & psychology) from Temple University to the University of Pennsylvania.

 

*Ryan Holte (intellectual property, patents) from Southern Illinois University to the University of Akron.

 

*Herbert Hovenkamp (antitrust, legal history) from the University of Iowa 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.

 

*Margot Kaminski (law & technology, civil liberties, privacy law) from Ohio State University to University of Colorado, Boulder (untenured lateral).

 

*Orin Kerr (criminal procedure, computer crime law) from George Washington University to the University of Southern California (effective January 2018).

 

*Kurt Lash (constitutional law) from the University of Illinois to the University of Richmond.

 

*Yoon-Ho Alex Lee (securities regulation, corporate, administrative law, antitrust, law & economics, consumer protection law) from the University of Southern California to Northwestern University.

 

*Lyrissa Barnett Lidsky (torts, First Amendment) from the University of Florida to the University of Missouri, Columbia (to become Dean).

 

*Dayna Matthew (health law) from the University of Colorado, Boulder to the University of Virginia.

 

*Pamela Metzger (criminal law & procedure) from Tulane University to Southern Methodist University.

 

*Paul Miller (fiduciary law, private law theory) from McGill University to the University of Notre Dame.

 

*Nicholas A. Mirkay, III (tax) from Creighton University to the University of Hawaii.

 

*Samuel Moyn (legal history, human rights) from Harvard University to Yale University.

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July 31, 2017 in Faculty News | Permalink