Brian Leiter's Law School Reports

Brian Leiter
University of Chicago Law School

A Member of the Law Professor Blogs Network

Wednesday, May 14, 2014

The many academic defenders of the inequality at the core of our current religious exemptions jurisprudence...

...had better speak out forcefully about the latest in religious-inspired anarchy.

May 14, 2014 in Jurisprudence, Of Academic Interest | Permalink

European court will force Google to actually stop facilitating evil

A welcome development, though I doubt we will see anything similar in the U.S.

May 14, 2014 in Of Academic Interest | Permalink

Tuesday, May 13, 2014

Cited by the Supreme Court...

...and misrepresented.

(Thanks to Robert Condlin for the pointer.)

May 13, 2014 in Faculty News, Of Academic Interest | Permalink

Friday, May 9, 2014

Corporate Practice Commentator's Top 10 Articles of 2013

They are:

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 9, 2014 in Faculty News, Of Academic Interest, Rankings | Permalink

Wednesday, May 7, 2014

A new B.A. in law at the University of Arizona

An interesting development, that I'm sure other schools will watch carefully.  Marc Miller, Arizona's very savvy Dean, has taken the lead in developing this program.

May 7, 2014 in Legal Profession, Of Academic Interest | Permalink

"Future of Law School Innovation"

A recent conference at the University of Colorado School of Law organized by Dean Phil Weiser, video of which is on-line for viewing.  An interesting line-up of speakers, though I haven't had a chance to view all the proceedings.  (It is striking, of course, which self-serving charlatan, nominally on the Colorado faculty, was missing from the program, and for obvious reasons.)

May 7, 2014 | Permalink

Tuesday, May 6, 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 6, 2014 in Advice for Academic Job Seekers, Faculty News | Permalink

Monday, May 5, 2014

NYU's Sujit Choudry to be Berkeley's new Dean

The Berkeley announcement here.

May 5, 2014 in Faculty News | Permalink

In Memoriam: Gary Becker (1930-2014)

The distinguished economist had a profound impact as well on legal scholarship, including the work of many of my colleagues (he also, in recent years, held an appointment in the Law School).  The Chicago memorial notice is here.

May 5, 2014 in Memorial Notices | Permalink

Friday, May 2, 2014

Post-tenure review coming to Suffolk University

One account here, though it starts on the wrong note:

Suffolk University, taking aim at academia’s hallowed practice of providing lifelong job protection for veteran instructors, has decided to require all its tenured faculty to undergo performance reviews that in some cases could lead to dismissal.

De facto, tenure has often turned out to mean "lifelong job protection," but legally, it means termination only for cause, a standard which imposes procedural requirements and burdens on the employer before termination.  There are aspects of the Suffolk proposal that look problematic (review of faculty by administrators, rather than other faculty, for example), but the basic idea of a periodic performance review is wholly consistent with a "for cause" employment contract.

May 2, 2014 in Of Academic Interest | Permalink