October 10, 2016
It's Nobel Prize season, and Law, like my other field, Philosophy, is not a recognized subject for the prize. But what if there were a Nobel Prize? I surveyed my philosophy readers, and came up with ten deserving candidates. But what about for law? I've limited this just to those working in the U.S., though there are many deserving candidates in other legal cultures, but I suspect few readers will know enough about them to meaningfully compare (outside jurisprudence, I hardly know enough to even correctly identify plausible candidates).
So which living legal scholar in the U.S. should get a Nobel Prize in Law? We'll rank the top ten. Have fun!
ADDENDUM: I hope it goes without saying that there are no doubt errors of omission in the list. One that has come to my attention, who might have had a shot for the top ten, is Richard Delgado, now at Alabama. But I fear there will be others.
A LAST ONE: Some other good suggestions for folks who should have been included: Elizabeth Warren, Wayne LaFave, Suzanna Sherry, Charles Lawrence.
October 06, 2016
October 04, 2016
A clever and charming welcome to our new law students, with lots of good advice too!
September 29, 2016
A good, substantive discussion of the Choudhry case at Berkeley and the values of due process that are at stake...
September 27, 2016
Choudhry's lawyers file motion for a preliminary injunction against Berkeley's second disciplinary procedure against him
You can read it here: Download 2016-09-22 PL Motion in Support of Preliminary Injunction - Doc No 13.
I'm glad they've taken this step. Berkeley has been out of control in this matter, and needs a federal judge to intervene.
(Thanks to Sam Issacharoff for the pointer.)
September 22, 2016
Tennessee Law Prof. Glenn Reynolds--aka, "InstaIgnorance" as I used to call him back in the day--has Twitter account suspended after encouraging motorists to run down protesters in Charlotte
Several readers have flagged this story for me. Reynolds is a benighted soul, alas. A criminal law colleague calls to my attention:
TN Code § 39-12-102 (2015)
(a) Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation.
(b) It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic.
I doubt there will be a prosecution, but who knows? His real mens rea is more likely "dumb and insensitive" than "malicious."
UPDATE: Lawyer Jason Walta writes:
I'm kind of bemused by the seemingly shocked response of the chancellor and law dean. Have these people never met Glenn Reyonolds? Were they previously unaware that he's on faculty there?
The fact of the matter is that this stuff is Reynolds's entire métier, stretching back to when he called for vigilante executions of "looters" during Katrina or lauded William "Gosh I didn't mean to shoot my wife in the head" Burroughs as some kind of Second Amendment hero.
September 20, 2016
Blog Emperor Caron has been tracking this--one might start here. One peculiarity of the critical analysis of the tax program by UF faculty member Robert Rhee is that, in discussing the Sisk data on faculty citations, he fails to note (at least not that I saw) that tax is a low-citation field compared to corporate or constitutional law or just about every other field! That does lead me to wonder about the reliability of other parts of his analysis.
Meanwhile, the drama continues here, with Rhee replying to a colleague. I must admit, the spectacle of this debate about a school's program playing out on blogs is an embarrassment by itself. Between the Blog Emperor and the perpetually aggrieved Jeffrey Harrison (who naturally, has been weighing in on this affair), also a UF faculty member, Dean Rosenbury has her hands full! Florida was fortunate to get a Dean of this caliber, folks there should behave better!
September 19, 2016
They did a nice job putting it all together. The only open question that emerges after watching this is: how many of the Adelsons will be indicted? I think it's also worth noting that the Tallahasee police really did an impressively, thorough investigation that solved this crime. In the aftermath, I heard a lot of bad-mouthing of the local police, but in fact it's clear they did outstanding police work. One crucial aspect of the rule of law is that serious crimes, like murder-for-hire, are thoroughly investigated and wrongdoers identified, and that seems to be what happened here.
September 15, 2016
Hardly surprising given Berkeley's bad behavior: in addition to his due process claims (where his claims, I think, are strong), he is also suing them for violating equal protection because of his ethnic and national status. I'm inclined to think that probably did not play a role in Berkeley's bad behavior, but he's quite right to make that claim under the circumstances.
UPDATE: I've now reviewed the complaint, which is nicely done. I think the equal protection claim is, in fact, a brilliant strategic move, since it puts at issue how Berkeley has treated Caucasian faculty found guilty of far worse violations of the sexual harassment policies of the university; if the lawsuit proceeds, all of that "dirty laundry" will be aired in public. This will give Berkeley additional reason to reach a settlement, quite apart from the fact that the renewed pursuit of Prof. Choudhry is obviously motivated by political considerations and an attempt to improve the University's legal status in the lawsuit brought by Ms. Sorrell, Prof. Choudhry's former assistant.