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 27, 2016 in Faculty News, Legal Profession, Of Academic Interest | Permalink

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 22, 2016 in Faculty News, Law Professors Saying Dumb Things, Legal Profession, Of Academic Interest | Permalink

September 20, 2016

The turmoil at the University of Florida over its tax program

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 20, 2016 in Faculty News, Of Academic Interest, Rankings | Permalink

September 19, 2016

20/20 report on the Markel murder and investigation

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 19, 2016 in Faculty News, Of Academic Interest | Permalink

September 15, 2016

Professor Choudhry sues Berkeley

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.

September 15, 2016 in Faculty News | Permalink

September 12, 2016

Chicago Alumni and Bigelows on the teaching market, 2016-17 (UPDATED)

MOVING TO FRONT FOR LAST TIME THIS SEASON:   Two of our alums on the market recently had their job talk papers accepted for publication, one at Stanford Law Review, the other at Northwestern University Law Review.  Please feel free to contact me for more information.

UPDATE:  In the 2nd FAR distribution, we have a new Chicago candidate on the market with strong interests and credentials in a wide range of business law areas, who is also willing and able to teach the basic tax course.  Please contact me for more information about him or any of our other candidates, below.


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 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 albeit small group of candidates this year, who cover many areas:  criminal law/procedure/justice, property, land use, local government, administrative law, environmental law, constitutional law, evidence, military law, national security law, law & economics, empirical legal studies, federal courts, civil procedure, appellate advocacy, torts, and professional responsibility.

Our candidates include former Supreme Court 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 12, 2016 in Faculty News | Permalink

September 08, 2016

Visiting Faculty at the Top Six Law Schools, 2016-17

 As I've done in the past, I'm posting a list of the visiting professors (who hold university appointments elsewhere) at the top six law schools, the schools that are "top six" by almost all measures of faculty quality--which are also the schools that also typically have the most visiting professors on a regular basis. While many visiting stints are made with an eye to possible permanent appointment, not all are; some are so-called "podium" visits, which aim to fill an immediate teaching need at the school. By my calculation, for example, less than 5% of the visits last year resulted in (or are in process of resulting in) offers of permanent employment--perhaps a slightly higher percentage of the non-podium visits resulted in such offers. Often visitors from local schools in the area are invited for podium visit purposes--though some "locals" may also be "look-see" visitors, i.e., under consideration for appointment. NYU also has a fair number of "enrichment" and "global" visitors, well-known senior folks who are keen to spend some time in New York, but who aren't necessarily interested in, or being considered for, lateral moves. (Columbia gets some of these folks too.) From the outside, of course, it's very hard to tell all these apart, so here, without further comment, are the visiting professors for 2016-17; please e-mail me about omissions or corrections (though I'm hopeful this is the final version).

Please note that not every visit, below, is for the entire academic year; indeed, my guess is at least half are not, meaning students can expect many of these faculty to *also* be teaching at their home institution. In the case of HLS, many of the visitors come in the Winter Term, i.e., just the month of January.

Columbia Law School

Yishai Beer (Radzyner Law School)

Albert Choi (University of Virginia)

Sherman Clark (University of Michigan)

Rosalind Dixon (University of New South Wales)

Sean Farhang (University of California, Berkeley)

David Gilksberg (Hebrew University, Jersualem)

Alexander Greenawalt (Pace University)

Assaf Hamdani (Hebrew University, Jersualem)

Solangel Maldonado (Seton Hall University)

Florencia Marotta-Wurgler (New York University)

Jason Parkin (Pace University)

Eric Posner (University of Chicago)

Catherine Powell (Fordham University)

Jedediah Purdy (Duke University)

Cristina Rodriguez (Yale University)

Rose Villazor (University of California, Davis)

Harvard Law School

Robert Anderson (University of Washington)

Matthew Bodie (Saint Louis University)

Khiara Bridges (Boston University)

Stuart Brotman (Communications & Journalism, University of Tennessee, Knoxville)

Kristen Carpenter (University of Colorado, Boulder)

Amy Cohen (Ohio State University)

Daniel Coquilette (Boston College)

Ashley Deeks (University of Viriginia)

Bala Dharan (Management, Rice University)

Mark Greenberg (University of California, Los Angeles)

Jamal Greene (Columbia University)

Rebecca Hollander-Blumoff (Washington University, St. Louis)

Leslie Kendrick (University of Virginia)

Alison LaCroix (University of Chicago)

Sanford Levinson (University of Texas, Austin)

James Liebman (Columbia University)

Catharine MacKinnon (University of Michigan)

Nina Mendelson (University of Michigan)

Michael Meuerer (Boston University)

Abigail Moncrieff (Boston University)

Rachel Moran (University of California, Los Angeles)

Douglas NeJaime (University of California, Los Angeles)

Christopher Nicholls (University of Western Ontario)

Jonathan Rapping (John Marshall Law School, Atlanta)

Chaim Saiman (Villanova University)

Hillary Sale (Washington University, St. Louis)

James Salzman (University of California, Los Angeles; Environmental Science, University of California, Santa Barbara)

Kim Scheppele (Wilson School, Princeton University)

Joanna Schwartz (University of California, Los Angeles)

Ted Sichelman (University of San Diego)

Alexander Stein (Brooklyn Law School)

Rebecca Stone (University of California, Los Angeles)

George Triantis (Stanford University)

Alain Laurent Verbeke (University of Leuven; University of Tilburg)

Pierre-Hugues Verdier (University of Virginia)

Rhonda Wasserman (University of Pittsburgh)

New York University School of Law

Anne van Aaken (University of St. Gallen)

Richard Brooks (Columbia University)

Robert Frank (Graduate School of Management, Cornell University)

Christsopher Geiger (University of Strasbourg) 

Kon Sik Kim (Seoul National University)

Michael Klausner (Stanford University)

Martti Koskennieme (University of Helsinki/London School of Economics)

Christopher Robertson (University of Arizona)

Holger Spamann (Harvard University)

Symeon Symeonides (Willamette University)

Dirk Van Zyl Smit (University of Nottingham)

Richard Vann (University of Sydney)

Stefan Vogenauer (Max Planck Institute for European Legal History)

Continue reading

September 8, 2016 in Faculty News | Permalink

September 06, 2016

An open letter to the Berkeley law school community from former law Dean Sujit Choudhry


September 6, 2016 in Faculty News, Of Academic Interest | Permalink

September 05, 2016

Some more job market stats from the first FAR

As noted previously, this was the smallest FAR--382 applicants--in decades.   Two other striking data points:  more than 100 of those 382 applicants have a PhD; and only three are former Supreme Court clerks (two of those three are our candidates!).   How might those data points be connected?  Here's an hypothesis:  the now astronomical big firm signing bonuses for SCOTUS clerks--$300,000 in some cases--are keeping them in practice in greater numbers; by contrast, JD/PhDs are training for academia, and so are making up a bigger and bigger share of the candidates.

September 5, 2016 in Advice for Academic Job Seekers, Faculty News, Of Academic Interest | Permalink