March 16, 2017
Daniel Hemel and David Herzig argue in the New York Times that a Republican plan to replace a tax penalty paid by the uninsured under the Affordable Care Act with a penalty paid directly to insurance companies after a gap in coverage could thwart Republican efforts to repeal Obamacare using budgetary reconciliation procedures.
March 09, 2017
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!
MOVING TO FRONT FROM LAST FRIDAY, IN CASE ANYONE MISSED IT!
The University of Chicago Law School has issued the following statement; prospective authors take note!
It has come to our attention that a website run by the International Agency for Development of Culture, Education and Science (IADCES) is purporting to assist authors with submission of academic work to nearly 20 academic journals in various fields. One of these journals is the University of Chicago Law School’s Journal of Legal Studies. This website is in no way affiliated with the University of Chicago Law School, nor the Journal of Legal Studies, and submitting an article through this website will not in any way get an article submitted to JLS. We believe that is true of the other esteemed academic journals the site lists as well.This website, at http://iadces.com/, provides instructions for submissions by emailing to a gmail address and requires the payment of a fee to have the article reviewed. At least as far as JLS is concerned, this website is a scam. The Journal of Legal Studies does not charge a review fee. Submitting to the email address on this site will not get the piece submitted to JLS. The instructions on how to format your paper have nothing to do with JLS. The fee will be paid to those who run the website, not toJLS.Authors wishing to submit their work to the Journal of Legal Studies should visit the journal's website for instructions. Authors wishing to submit to any of the other journals listed on this website should visit those journals’ official web pages.
February 22, 2017
February 21, 2017
Following up on yesterday's post about Syracuse Law's successful reforms that dramatically improved the bar pass rate of its graduates, I wonder if other schools have similar stories to share? Signed comments only--full name and valid e-mail address; post your comment only once, it may take awhile to appear (I have a busy day).
February 20, 2017
We noted awhile back Syracuse's impressive results on the July 2016 New York bar exam--a pass rate of 89%, fourth highest in the state, behind only Columbia, Cornell, and NYU, and ahead of Fordham, Cardozo, Brooklyn, Buffalo and others. I recently visited Syracuse, and talked with Professor Christian Day about the changes they made to achieve these results. He kindly gave me a written version to share; I'm sure this will be of interest to many schools. Professor Day writes:
In the later 1990s and early 2000s Syracuse had a terrible bar pass rate. One year it was dead last among the 15 New York law schools. A faculty ad hoc committee was created and it developed a program over several years.
Under Dean Hannah Arterian’s leadership the faculty adopted 1L and upper-class curves. The curves are centered on a low B (2.9-3.0) and approximately 8% of the 1L class is dismissed. Before the implementation of the curve, most of the students who were dismissed were re-admitted and placed on probation. But only 10% of that group passed the bar for the first time. With the new curve, a much smaller group of students is re-admitted and placed on probation. The Structured Curriculum, described below, and a comprehensive bar success program, which includes a staff member dedicated to the bar success effort have provided a foundation for achievement. We also inaugurated a comprehensive third year bar prep program. That program was mandatory for those on probation and voluntary for the balance of the student body.
A consultant worked with the College and confirmed that bar exam success was correlated to 1L class rank AND the number of so-called “bar courses” students had taken. Syracuse had a 90% pass rate for students in the upper 75-80% of the 1L class who had taken most of the bar courses for grade. Students who failed the exam took around four of those courses, often on a pass/fail basis. The faculty adopted the Structured Curriculum that requires all students on probation and those below a 2.50 average at the conclusion of the first year to take the following courses for grade: Commercial Transactions, New York Civil Procedure, Business Associations, Constitutional Criminal Procedure—Investigation and Adjudication, Wills and Trusts, Family Law, Evidence, and Foundational Skills for Professional Licensing (a bar prep course taught by faculty or staff that emphasizes exam prep and writing).
The efforts have borne fruit. In 2014 Syracuse and St. John’s tied for fourth place among the New York law schools. In 2016, with the adoption of the Uniform Bar Exam, Syracuse was again in fourth place behind NYU, Columbia and Cornell.
February 15, 2017
February 13, 2017
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.)