Tuesday, April 26, 2016
My colleague Richard Epstein asked me to share information about these attractive post-docs at his Institute at NYU Law School. They are open to PhDs in History, Philosophy or Political Science with substantial law interests (a JD is not required).
Monday, April 25, 2016
Former Berkeley Law Dean Choudhry files formal grievance with UC Berkeley over the attempt to revoke his tenure
Prof. Choudhry's lawyers have shared the grievance letter here: Download 2016-04-22 Grievance Letter With Exhibits.
I do hope someone in the University of California system will stand up to President Napolitano, whose conduct in this matter is disgraceful.
The Corporate Practice Commentator is pleased to announce the results of its twenty-second 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 2015. More than 540 articles were on this year’s list. Because of the vagaries of publication, indexing, and mailing, some articles published in 2015 have a 2014 date, and not all articles containing a 2015 date were published and indexed in time to be included in this year’s list. Because of ties, there are 12 articles on this year’s list.
The articles, listed in alphabetical order of the initial author, are:
Bartlett, Robert P. III. Do Institutional Investors Value the Rule 10b-5 Private Right of Action? Evidence from Investors' Trading Behavior following Morrison v. National Australia Bank Ltd. 44 J. Legal Stud. 183-227 (2015).
Bebchuk, Lucian, Alon Brav and Wei Jiang. The Long-term Effects of Hedge Fund Activism. 115 Colum. L. Rev. 1085-1155 (2015).
Bratton, William W. and Michael L. Wachter. Bankers and Chancellors. 93 Tex. L. Rev. 1-84 (2014).
Cain, Matthew D. and Steven Davidoff Solomon. A Great Game: The Dynamics of State Competition and Litigation. 100 Iowa L. Rev. 465-500 (2015).
Casey, Anthony J. The New Corporate Web: Tailored Entity Partitions and Creditors' Selective Enforcement. 124 Yale L. J. 2680-2744 (2015).
Coates, John C. IV. Cost-benefit Analysis of Financial Regulation: Case Studies and Implications. 124 Yale L .J. 882-1011 (2015).
Edelman, Paul H., Randall S. Thomas and Robert B. Thompson. Shareholder Voting in an Age of Intermediary Capitalism. 87 S. Cal. L. Rev. 1359-1434 (2014).
Fisch, Jill E., Sean J. Griffith and Steven Davidoff Solomon. Confronting the Peppercorn Settlement in Merger Litigation: An Empirical Analysis and a Proposal for Reform. 93 Tex. L. Rev. 557-624 (2015).
Fried, Jesse M. The Uneasy Case for Favoring Long-term Shareholders. 124 Yale L. J. 1554-1627 (2015).
Judge, Kathryn. Intermediary Influence. 82 U. Chi. L. Rev. 573-642 (2015).
Kahan, Marcel and Edward Rock. Symbolic Corporate Governance Politics. 94 B.U. L. Rev. 1997 (2014).
Velikonja, Urska. Public Compensation for Private Harm: Evidence from the SEC's Fair Fund Distributions. 67 Stan. L. Rev. 331-395 (2015).
The authors represent the following institutions (based on fall 2016 affiliations): Penn (3), Harvard (3), Berkeley (3), NYU (2), Vanderbilt (2), Columbia (1), Chicago (1), Georgetown (1), Emory (1), and Fordham (1) as well as the business schools at Duke (1) and Columbia (1).
Friday, April 22, 2016
Professor Paula Franzese of Seton Hall law school is something of a patron saint of law students. Widely known for her upbeat energy, kindness, and tendency to break into song for the sake of helping students remember a particularly challenging point of law, Paula has literally helped hundreds of thousands of lawyers pass the bar exam through her video taped Property lectures for BarBri.
Paula is such a gifted teacher that she won teacher of the year almost ever year until Seton Hall implemented a rule to give others a chance: no professor can win teacher of the year more than two years in a row. Since the rule was implemented, Paula wins every other year. She’s also incredibly generous, leading seminars and workshops to help her colleagues improve their teaching.
Paula recently wrote a book encouraging law students to have a productive, upbeat happy, and grateful outlook on life (A short & happy guide to being a law school student).
Paula’s well-intentioned book has rather bizarrely been attacked by scambloggers as “dehumanizing”, “vain”, “untrustworthy” and “insidious.” The scambloggers are not happy people, and reacted as if burned by Paula’s sunshine. They worry that Paula’s thesis implies that “their failure must be due to their unwillingness to think happy and thankful thoughts.”
Happiness and success tend to go together. Some people assume that success leads to happiness. But an increasing number of psychological studies suggest that happiness causes success. (here and here) Happiness often precedes and predicts success, and happiness appears to be strongly influenced by genetic factors.
Leaving aside the question of how much people can change their baseline level of happiness, being happier—or at least outwardly appearing to be happier—probably does contribute to success, and being unhappy probably is a professional and personal liability.
People like working with happy people. They don’t like working with people who are unhappy or unpleasant. This does not mean that people who are unhappy are to blame for their unhappiness, any more than people who are born with disabilities are to blame for being deaf or blind.
But it does raise serious questions about whether studies of law graduates’ levels of happiness are measuring causation or selection. We would not assume that differences between the height of law graduates and the rest of the population were caused by law school attendance, and we probably should not assume that law school affects happiness very much either.
Thursday, April 21, 2016
The following law professors were elected to the Academy this year: Bernard Black (Northwestern), Erwin Chemerinsky (UC Irvine), Liz Magill (Dean, Stanford), Trevor Morrison (Dean, NYU), and Peter Schuck (emeritus, Yale). In addition, Kim Lane Scheppele (now Princeton, formerly a law professor at Penn) was also elected in the "Law" section of the Academy. Also elected in other sections of the academy were law professors Jack Knight (Duke), elected in Political Science, and John Monahan (Virginia), elected in Psychology. In addition, two former law professors were elected in the "Educational Administration" section: David Leebron, President of Rice University (and formerly a law professor at Columbia), and Joel Seligman, President of the University of Rochester (and formerly a law professor at the University of Michigan and other schools).
Wednesday, April 20, 2016
Monday, April 18, 2016
The methodology is dubious, but what else is new? (Anyone going to NYU over Columbia, however, for "career prospects" has made a mistake! Choose NYU for particular programs or intellectual reasons (the NYU faculty is stronger than Columbia's in many areas), but reputations die hard in the law school world, and Columbia's is still stronger; and see also)