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 26, 2016
The Midwest was hit slightly harder by the downturn in applications than other parts of the country, but still this chart shows where we are from the 2010 peak, and also that many schools are recovering a bit. (2010, it is important to remember, was the peak for applications and enrollments.)
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 14, 2016
The decision not to arrest or indict Dan Markel's former brother-in-law and his girlfriend in connection with his murder-for-hire
MOVING TO FRONT FROM SEPTEMBER 9: SOME INTERESTING COMMENTS, MORE WELCOME
The latest from the local Florida newspaper. I'm curious to hear what my readers with relevant expertise think: is there really not a very good circumstantial case here? And without it, how will the motives of the killers awaiting trial be established?
Submit comments only once, they may take awhile to appear.
ADDENDUM: One wonders if the Markel family will bring a civil action against the Adelson family (though probably not against the mother of their grandchildren, who seems the least implicated in all this given the circumstantial evidence).
ANOTHER: Here's the full police account of the evidence implicating Charlie Adelson. It's extremely damning, and also suggests that the Adelson parents knew about this too. Why haven't Garcia or Rivera flipped? One possibility is they haven't been offered enough of a deal to make it worthwhile. Garcia also has a very strong reason not to flip, namely, that the person who was the go-between for Adelson and Garcia is the mother of Garcia's children: she goes down with Adelson if Garcia flips. Rivera may not know as much, and in any case, is already serving time in federal prison on drug charges. And for some insight into Wendi Adelson, see the section on "Changes of Children's Names," and the gratuitous insult that she inflicted on the Markel family. All of which reminds me of the now horrible irony in retrospect of this post. What a nightmare.
9/10 UPDATE: More on the tension between the police and the state prosecutor, plus talk of getting the feds involved in a prosecution effort.
September 06, 2016
September 05, 2016
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 01, 2016
This is based on the first FAR, and includes SJDs and LLMs, as well as JDs:
Harvard University (35)
Georgetown University (31)
Yale University (26)
New York University (25)
University of Michigan (18)
Columbia University (16)
Northwestern University (14)
Stanford University (12)
University of California, Berkeley (12)
University of Pennsylvania (9)
George Washington University (8)
Cornell University (6)
University of Texas, Austin (5)
University of Virginia (5)
Duke University (4)
University of Wisconsin, Madison (4)
Emory University (3)
University of California, Los Angeles (3)
University of Chicago (3)
University of Minnesota, Twin Cities (3)
As I noted, this is an unusually small contingent for Chicago this year (we usually have 6-10 candidates), but we do work closely with the vast majority of our alums to time their entry to the teaching market when they can put their best feet forward. Based on past success rates, I fear some schools may have too many graduates on the market.