November 01, 2017
Each fall, I've run a condorcet poll about "top law faculties," but just listing school names. This year, I am going to try something slightly different, and if it works, I'll expand it beyond the top 20. At this link, you will get a list of roughly 15 faculty members at 24 law schools that might be in the "top 20." The listing of faculty is representative; we primarily used the most recent Sisk citation data, but sometimes added faculty who were elected to the American Academy even if not in the top 15 for citations. The name of the school appears parentheses, but let's see if asking readers to look at the names of faculty first affects their ranking.
ADDENDUM: The list for Georgetown should have included David Luban, that was an accidental omission.
October 19, 2017
More than 160 readers voted in our poll from earlier in the week, and here are the results:
|1. Oxford University Press (Condorcet winner: wins contests with all other choices)|
|2. Cambridge University Press loses to Oxford University Press by 95–56|
|3. Harvard University Press loses to Oxford University Press by 95–56, loses to Cambridge University Press by 93–60|
|4. Yale University Press loses to Oxford University Press by 117–33, loses to Harvard University Press by 113–34|
|5. Princeton University Press loses to Oxford University Press by 122–25, loses to Yale University Press by 70–67|
University of Chicago Press was runner-up, trailing Princeton 81-51 (Princeton was essentially tied with Yale). These seem to me like fairly sensible results--interesting how the two UK publishers dominate. The mystery of the Harvard catalogue is how uneven it is, perhaps because it is bigger than, say, Princeton's or Yale's law catalogues.
October 16, 2017
We haven't done this poll in about eight years, so here it is once again. Choose "none of the above" if you think options not represented are better than the remaining options offered. Remember, this poll concerns solely the quality of scholarship monographs published by different presses (so this is not about publishers of treatises or casebooks, for example). Have fun!
June 12, 2017
I'll be on a reduced blogging schedule for the summer (look for one or two items per week), but will update the lateral moves list periodically as well as start the new one in August. (Mike Simkovic, who has posting privileges here as well, may be posting as well in the summer.)
Thanks for reading, and I wish everyone a productive and pleasant summer.
June 01, 2017
...according to the data helpfully compiled by Professor Sarah Lawsky (Northwestern). On the other hand, my strong impression is that there's been an increase in untenured lateral movements--several schools that advertised for rookies, and indeed interviewed at the "meat market," ended up hiring untenured laterals--not surprising, given that the tight market the last few years means many candidates probably underplaced to how they would have done in normal times.
You can see figures on the total number of graduates each school had on the market this year here. The top ten were:
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)
(Chicago had a light year, just three graduates on the market, only two of whom we were working with, one of whom got multiple offers and did accept a job. Some other recent Chicago JDs were among the untenured laterals this year as well.)
May 30, 2017
The complaint is here. Fletcher has apparently enjoyed an arrangement in which he teaches his 10 credits in the fall and then spends the Spring in Israel. His new Dean, Gillian Lester, and the Associate Dean, Avery Katz--both defendants in the suit--had concerns about student enrollments and evaluations of some of his classes. Fletcher claims they want him to retire, and so are trying to disrupt his cozy teaching arrangement, or something like that. This ranking of mine makes a surprising implicit appearance in paragraph 29 of the complaint:
[Dean Gillian] Lester further stated in her communication [to Professsor Fletcher] in January of 2016 that the Law School would "like to go back to offering just two sections of Introduction to American Law, taught by the other instructors." The other instructors referenced by Lester are less qualified than Fletcher: for instance, they are not members of the American Academy of Arts and Sciences, to which Fletcher was elected in 2004. Membership in the Academy is a primary measurement of prestige in law school circles, and is used in determining law school rankings. Upon information and belief, the other two professors are ten (10) or more years younger than Fletcher.
The argument here is obviously absurd: no one is elected to the AAAS because of their teaching ability, but because of their scholarly accomplishments--often ones from long ago. Moreover, faculty are typically elected later in their career, as Fletcher was--of course most of his younger colleagues are not elected to the American Academy!
Be that as it may, I'm not sure the complaint pleads enough facts to suggest that age discrimination was at work here, but we will find out soon enough, as Columbia has moved, predictably, to dismiss.
ADDENDUM: The complaint mentions that Fletcher taught at UCLA from 1969 until 1983, when he moved to Columbia. For reasons unknown, it omits that his first teaching job was at the University of Florida (1965-66), and then the University of Washington (1966-1969), where he was, bizarrely, denied tenure, a decision that did not redound to the credit of the UW law school.
UPDATE: Reader Eric Chiappinelli kindly passed along a copy of Columbia's motion to dismiss: Download 2017.05.23 Fletcher v. Columbia MOTION TO DISMISS. I expect the case will be dismissed.
May 05, 2017
May 02, 2017
Robert Thompson (Georgetown) kindly shared the 2016 results (this is the 25th year they've been running these surveys about leading articles):
The Top 10 Corporate and Securities Articles of 2016
The Corporate Practice Commentator is pleased to announce the results of its twenty-third 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 2016. More than 490 articles were on this year’s list. Because of the vagaries of publication, indexing, and mailing, some articles published in 2016 have a 2015 date, and not all articles containing a 2016 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:
Baker, Lynn A., Michael A. Perino and Charles Silver. Is the Price Right? An Empirical Study of Fee-setting in Securities Class Actions. 115 Colum. L. Rev. 1371-1452 (2015).
Cain, Matthew D., Jill E. Fisch, Sean J. Griffith & Steven Davidoff Solomon. How Corporate Governance is Made: The Case of the Golden Leash. 164 U. Pa. L. Rev. 649-702 (2016).
Catan, Emiliano M. and Marcel Kahan. The Law and Finance of Antitakeover Statutes. 68 Stan. L. Rev. 629-680 (2016).
Cremers, K.J Martijn and Simone M. Sepe. The Shareholder Value of Empowered Boards. 68 Stan. L. Rev. 67-148 (2016).
Elhauge, Einer. Horizontal Shareholding. 129 Harv. L. Rev. 1267-1317 (2016).
Fox, Merritt B., Lawrence R. Glosten and Gabriel V. Rauterberg. The New Stock Market: Sense and Nonsense. 65 Duke L.J. 191-277 (2015).
Goshen, Zohar and Assaf Hamdani. Corporate Control and Idiosyncratic Vision. 125 Yale L.J. 560-619 (2016).
Korsmo, Charles R. and Minor Myers. Appraisal Arbitrage and the Future of Public Company M&A. 92 Wash. U. L. Rev. 1551-1615 (2015).
Talley, Eric L. Corporate Inversions and the Unbundling of Regulatory Competition. 101 Va. L. Rev. 1649-1751 (2015).
Thompson, Robert B. Anti-Primacy: Sharing Power in American Corporations. 71 Bus. Law. 381-425 (2016).
April 18, 2017
Mark Hall and Glenn Cohen have extended Brian Leiter's approach to ranking faculty by scholarly citations (based on Sisk data) to the field of health law.
According to Hall and Cohen, the most cited health law scholars in 2010-2014 (inclusive) are:
|Rank||Name||School||Citations||Approx. Age in 2017|
|2||Mark A. Hall||Wake Forest||480||62|
|3||David A. Hyman||Georgetown||360||56|
|4||I. Glenn Cohen||Harvard||320||39|
|5||John A. Robertson||Texas||310||74|
|6||Michelle M. Mello||Stanford||300||46|
|10||George J. Annas||Boston U||270||72|
The full ranking is available here.