April 03, 2017

Touchy originalists!

Mary Bilder (Boston College) wrote an opinion piece for the Boston Globe about originalism and Judge Gorsuch.  This elicited the following astonishing reply from originalist Larry Solum (Georgetown) on his usually benign and informative Legal Theory Blog.  Some of the questions might have made sense were Solum the referee for a scholarly article making some of these claims; as a response to an op-ed, they are almost comical overreactions.  Take just Solum's first intervention:

Question One: You wrote the following:

Today, most originalists contend that a judge should abide by the text’s “original public meaning” — a term of art that originalist scholars have written thousands of pages trying to explain.

What is the basis for the page count?  Which articles by which originalists scholars are you discussing?  I am very familiar with the theoretical literature on original public meaning, but if this claim is correct there is a large body of work that I have missed entirely.

The basis for the "page count"?  Seriously?  One can look just at Solum's own SSRN page to find at least 400 pages of writing on this topic.  And that's just one author.  Add in Randy Barnett, Keith Whittington, the late Justice Scalia, John McGinnis, Michael Rappaport, Larry Alexander, Will Baude, and Stephen Sachs, and "thousands" seems like a plausible off-the-cuff estimate.  But why quibble about nonsense like this?

I would advise Prof. Bilder to let these questions pass in silence.

UPDATE:  Prof. Solum replies here; I will give him the final word on this matter!


April 3, 2017 in Faculty News, Legal Humor, Of Academic Interest, Professional Advice | Permalink

March 30, 2017

Next Dean at Berkeley?

Candidates include (at least) Erwin Chemerinsky (UC Irvine), Laura Gomez (UCLA), and Kimberly Yuracko (Northwestern).


March 30, 2017 in Faculty News | Permalink

March 28, 2017

Who is paying the defense attorney fees for one of the accused in the Markel murder?

The state wants to know, the defense lawyers don't want to say.  Anyone know how unusual such requests are and what the rules are in Florida governing disclosure?


March 28, 2017 in Faculty News, Of Academic Interest | Permalink | Comments (0)

March 09, 2017

Criminal case against Minnesota law professor Francesco Parisi falling apart

First, bail was reduced from $500,000 to $3,000, and now the criminal charges are about to be dropped.  I would imagine Professor Parisi will have a good defamation action against the accuser.  Do see the comments by the lawyer involved in the property dispute between Parisi and his accuser:   this lawyer "believes the criminal allegations were being used to defame and retaliate against Parisi."

UPDATE:  It's official, all charges against Parisi have been dropped, but not until he had to spend three weeks in jail!  Unbelievable, I imagine Professor Parisi will explore his legal options against the local authorities.


March 9, 2017 in Faculty News | Permalink

March 07, 2017

Blog Emperor to become Law Dean!

I don't do many announcements about Deanship appointments, but I must make an exception for the Blog Emperor himself, Paul Caron, who has been named the new Dean of the Law School at Pepperdine University!  Congrats to Paul and to Pepperdine!

 


March 7, 2017 in Faculty News | Permalink

March 01, 2017

Daniel Schwarcz (Minnesota) and Colleen Chien (Santa Clara) win American Law Institute Young Scholars Medal (Michael Simkovic)

The press release is here.  The award is highly selective.  The ALI--publisher of the influential Restatements of Law and co-creator of the Uniform Commercial Code--selects two out of thousands of eligible "young scholars" every two years for work that has the potential to change the law for the better.  

Congratulations to Dan and Colleen!

Continue reading


March 1, 2017 in Faculty News, Guest Blogger: Michael Simkovic, Legal Profession, Of Academic Interest | Permalink

February 23, 2017

Minnesota Law Professor Parisi...

...charged with sexual assault, stalking.  Pretty serious, and shocking, allegations here!

ADDENDUM:  More context, suggesting a motive for the alleged victim to have fabricated events.


February 23, 2017 in Faculty News | Permalink

February 22, 2017

A long piece on where things stand in the Markel murder case...

February 13, 2017

Lateral hiring in law schools networks--the diagram

This is amusing, courtesy of law professor Ryan Whalen (Dalhousie), a recent JD/PhD graduate of Northwestern.  One minor drawback is that faculty who retire and move elsewhere are treated as ordinary lateral moves.  (So, too, with moves to assume Deanships:  there too, the reasons for the move are different than ordinary lateral moves.)


February 13, 2017 in Faculty News, Of Academic Interest, Rankings | Permalink

February 09, 2017

TaxJazz

Learn about tax and tax policy, courtesy of Marjorie Kornhauser (Tulane).


February 9, 2017 in Faculty News, Of Academic Interest | Permalink