June 09, 2014
"The limits of religious tolerance"
The scholarly debate has made it to the Chronicle of Higher Education,with lots of lawprofs featured, including me, Schwartzmann, Laycock, McConnell, Sager, Smith, and Koppelman.
Penn's Anita Allen receives "lifetime achievement award"...
May 30, 2014
The "Top Ten" Lateral Moves for 2013-14
Here they are, based on a scientific analysis (i.e., my best judgment) as to the significance of the hire for the hiring school and/or the loss for the losing school (the full list of moves are here); I've left out any moves connected to my school, Chicago:
*Oren Bar-Gill (contracts, law & economics) from New York University to Harvard University. Perhaps the leading contracts scholar of his generation.
*Mitchell Berman (criminal law, constitutional law, jurisprudence) from the University of Texas, Austin to the University of Pennsylvania. If there were doubts as to whether Penn already had the best crim law faculty in the country, there can't be after this move; also strengthens an already excellent law & philosophy group at Penn. Berman is probably the leading criminal law theorist of his generation in the U.S..
*Sujit Choudhry (comparative constitutional law) from New York University to the University of California, Berkeley, to become Dean. Berkeley took several lateral losses this year, but one piece of good news was the recruitment of Choudhry, a prominent comparative constitutional law scholar, from NYU.
*Lee Epstein (empirical legal studies, law & politics, judicial behavior) from the University of Southern California to Washington University, St. Louis. One of the country's leading scholars of judicial behavior, her return after not quite a decade away (first at Northwestern, then at USC), is a major boost for Wash U, both the Law School and the Political Science Department.
*Michele B. Goodwin (law & technology, bioethics, constitutional law) and Gregory Shaffer (international law, international trade), both from the University of Minnesota, Twin Cities to the University of California, Irvine. Irvine had a busy hiring year, but this high-profile scholarly couple may be the stand-out recruitment coup for UCI this season.
*Gillian Lester (employment law) and Eric Talley (corporate law, law & economics), both from the University of California, Berkeley to Columbia University (in 2015). Another high-power scholarly couple, Lester will become Dean and Talley will join the faculty.
*Andrew Morriss (law & economics, labor & employment law, energy law, environmental law, business regulation) from the University of Alabama to Texas A&M University [formerly Texas Wesleyan Law], to become the Dean. A prolific and well-known scholar, Morriss previously held tenured posts at the University of Illinois and Case Western Reserve University.
*David Sklansky (criminal law & procedure) from the University of California, Berkeley to Stanford University. Stanford had a busy year of lateral hiring, but perhaps the biggest coup was Sklansky, who also had offers from Yale and Harvard.
May 29, 2014
More attacks on the academic freedom of law professors: Gene Nichol at UNC-Chapel Hill
May 27, 2014
Law professors as university presidents
This is just off the top of my head, but it seems like a lot: Kent Syverud at Syracuse University; Michael Fitts at Tulane University; Joel Seligman at University of Rochester; John Sexton at New York University; Lee Bollinger at Columbia University; Bill Powers at the University of Texas at Austin; Frederick Lawrence at Brandeis University; Nicholas Zeppos at Vanderbilt University; David Leebron at Rice University; Ronald Daniels at Johns Hopkins University. Other current ones?
May 24, 2014
Dear UVA students: in prying into Prof. Laycock's e-mails you are attacking his academic freedom
Douglas Laycock (Virginia) is, I would agree, on the wrong side of a number of recent religious liberty issues in both his advocacy and in his scholarship, but students requesting his e-mails are engaged in harassment and intimidation that infringe upon his academic freedom. Cut it out, kids! No good will come of this kind of mischief. (You also won't succeed in stifling Prof. Laycock, so you're also wasting your time. Try talking to him! He's not that scary.)
May 13, 2014
Cited by the Supreme Court...
(Thanks to Robert Condlin for the pointer.)
May 09, 2014
Corporate Practice Commentator's Top 10 Articles of 2013
The Top 10 Corporate and Securities Articles of 2013
The Corporate Practice Commentator is pleased to announce the results of its twentieth annual poll to select the ten best corporate and securities articles. Teachers in corporate and securities law were asked to select the best corporate and securities articles from a list of articles published and indexed in legal journals during 2013. More than 550 articles were on this year’s list. Because of the vagaries of publication, indexing, and mailing, some articles published in 2013 have a 2012 date, and not all articles containing a 2013 date were published and indexed in time to be included in this year’s list.
The articles, listed in alphabetical order of the initial author, are:
Armour, John, Bernard Black and Brian Cheffins. Is Delaware losing its cases? 9 J. Empirical Legal Stud. 605-656 (2012).
Bebchuk, Lucian A. The myth that insulating boards serves long-term value. 113 Colum. L. Rev. 1637-1694 (2013).
Bratton, William W. and Michael L. Wachter. A theory of preferred stock. 161 U. Pa. L. Rev. 1815-1906 (2013).
Choi, Stephen, Jill Fisch, and Marcel Kahan. Who calls the shots? How mutual funds vote on director elections. 3 Harv. Bus. L. Rev. 35-82 (2013).
Coates, John C. IV. Corporate politics, governance, and value before and after Citizens United. 9 J. Empirical Legal Stud. 657-696 (2012).
Gilson, Ronald J. and Jeffrey N. Gordon. The agency costs of agency capitalism: Activist investors and the revaluation of governance rights. 113 Colum. L. Rev. 863-927 (2013).
Grundfest, Joseph A. and Kristen A. Savelle. The brouhaha over intra-corporate forum selection provisions: A legal, economic, and political analysis. 68 Bus. Law. 325-410 (2013).
Klausner, Michael. Fact and fiction in corporate law and governance. 65 Stan. L. Rev. 1325-1370 (2013).
Langevoort, Donald C. and Robert B. Thompson. "Publicness" in contemporary securities regulation after the JOBS Act. 101 Geo. L.J. 337-386 (2013).
Rock, Edward B. Adapting to the new shareholder-centric reality. 161 U. Pa. L. Rev. 1907-1988 (2013).
By institutional affiliation, the schools with the most authors represented are: Penn (4), Harvard (2), NYU (2), Columbia (2), Stanford (2), Georgetown (2).
May 06, 2014
Rookie hiring 2013-14
Sarah Lawsky (UC Irvine) has recorded 73 junior hires this year, though as she notes in the comments, there appear to be just 64 tenure-track academic hires (as distinct from tenure-track clinical and/or legal writing positions--those markets generally operate rather differently, which is why it's useful to disagreggate them). The AALS, in its infinite unwisdom, made it impossible to search job candidates this year by JD school, meaning that, unlike last year, we have no idea how many graduates from each school were actually on the market. 5 of our 7 graduates secured tenure-track positions, and one is still in the running for a 6th. All would have placed just two or three years ago, but this year saw multiple positions for which schools interviewed disappear (sometimes after callbacks) due to budgetary concerns. My guess is we will see only 60 or 70 academic tenure-stream lines filled next year as well. Once the applicant pool stabilizes (my guess is it will next year), schools will go back into the hiring market for new law teachers more aggressively, since many schools are currently leaving lines unfilled for which they have needs. Even so, I suspect a "recovery" in the teaching market will mean 100-120 new lines being filled, and that is probably 3-5 years off.
May 05, 2014
NYU's Sujit Choudry to be Berkeley's new Dean
The Berkeley announcement here.