Tuesday, April 23, 2019

New study finds little evidence that federal student loan limits drive tuition at professional schools (Michael Simkovic)

Robert Kelchen, Does the Bennett Hypothesis Hold in Professional Education? An Empirical Analysis, Research in Higher Education 1-26 (2019):

"Policymakers have been debating the Bennett Hypothesis—whether colleges increase tuition after the federal government increases access to student loans—for decades. Yet most of the prior research has focused on studying small changes to loan limits or Pell Grants for undergraduate students. In this study, I examine whether business schools (the most popular master’s program) and medical schools (one of the most-indebted programs) responded to a large increase in federal student loan limits in 2006 following the creation of the Grad PLUS program by raising tuition or living expenses as well as examining whether student debt burdens also increased. Using two quasi-experimental estimation strategies and program-level data from 2001 to 2016, I find little consistent evidence to support the Bennett Hypothesis in either medical or business schools."

Hat tip Frank Pasquale.

April 23, 2019 in Guest Blogger: Michael Simkovic | Permalink

Lateral hires with tenure or on tenure-track, 2018-19

These are non-clinical appointments that will take effect in 2019 (except where noted); I will move the list to the front at various intervals as new additions come in.   (Recent additions are in bold.)  Last year's list is here.  Feel free to e-mail me with news of additions to this list.


*Sarah Adams-Schoen (land use, ocean & coastal law) from the University of Arkansas, Little Rock to the University of Oregon (untenured lateral).


*Mehrsa Baradaran (banking law, bankruptcy) from the University of Georgia to the University of California, Irvine.


*Valena E. Beety (criminal law & procedure) from West Virginia University to Arizona State University.


*Matt Blaze (computer and network security) from the University of Pennsylvania Department of Computer & Information Sciences to Georgetown University (joint appointment in Law and Computer Science).


*Pamela Bookman (contracts, civil procedure, arbitration) from Temple University to Fordham University (untenured lateral).


*Neil Buchanan (tax) from George Washington University to the University of Florida, Gainesville.


*Michael Cahill (criminal law) from Rutgers University back to Brooklyn Law School (to become Dean).


*Albert Choi (law & economics, contracts, corporate) from the University of Virginia to the University of Michigan, Ann Arbor.


*Danielle Citron (privacy, civil rights, freedom of expression, Internet law) from the University of Maryland to Boston University.


*G. Marcus Cole (bankruptcy, law & economics) from Stanford University to the University of Notre Dame (to become Dean).


*Danielle Conway (public procurement law, entrepreneurship, intellectual property) from the University of Maine (where she is Dean) to Pennsylvania State University Dickinson School of Law (to become Dean).


*Lincoln Davies (energy law & policy) from the University of Utah to Ohio State University (to become Dean).


*Justin Driver (constitutional law) from the University of Chicago to Yale University.


*Jonah Gelbach (law & economics, civil procedure, empirical legal studies) from the University of Pennsylvania to the University of California, Berkeley.


*D. Wendy Greene (employment law, race & law, constitutional law) from Cumberland Law/Samford University to Drexel University.


*Vinay Harpalani (race & law, education law, constitutional law) from Savannah Law School to the University of New Mexico (untenured lateral).


*Anita Krug (securities regulation, financial regulation) from the University of Washington, Seattle to Chicago-Kent College of Law/Illinois Institute of Technology (to become Dean).


*David S. Law (comparative constitutional law, law & social science) from Washington University, St. Louis to the University of California, Irvine.


*Kate Levine (criminal law and procedure) from St. John's University to Cardozo Law School (untenured lateral).


*Myrisha Lewis (health law, bioethics, family law) from Howard University to the College of William & Mary (untenured lateral).


*Ji Li (Chinese law and politics) from Rutgers University to the University of California, Irvine.


*Leah Litman (constitutional law, federal courts) from the University of California, Irvine to the University of Michigan, Ann Arbor (untenured lateral).


*M. Elizabeth Magill (administrative law, constitutional law) from Stanford University to the University of Virginia (to become Provost).


*Andrea Matwyshyn (law & technology, cybersecurity, privacy, intellectual property) from Northeastern University to Pennsylvania State University, University Park (where she will also be founding director of the Policy Innovation Lab of Tomorrow).


*Ralf Michaels (comparative law, conflicts of law) from Duke University to the Max Planck Institute for Foreign and Private International Law (Hamburg).


*Daniel Morales (immigration law) from DePaul University to the University of Houston.


*Rachel Moran (education law, civil rights, race & the law) from the University of California, Los Angeles to the University of California, Irvine.


Continue reading

April 23, 2019 in Faculty News | Permalink

Monday, April 22, 2019

Congratulations to Chicago Alumni and Fellows who secured tenure-track jobs this year on the teaching market (UPDATED)

Another strong year for Chicago alums and Fellows on the teaching market.  Although there were clearly more schools hiring this year, demand was remarkably weak in certain areas, like intellectual property.  Happily, almost all our candidate secured offers, and several secured multiple offers.  Here they are (with one omission [a Fellow] that will be added later when the decisions can be made public):


Ilya Beylin '08, who will join the law faculty at Seton Hall University.  He graduated from the Law School with Honors and Order of the Coif, where he was Articles Editor of the Law Review.  He clerked for Judge Stephen Williams on the U.S. Court of Appeals for the D.C. Circuit, and was an associate at Sullivan & Cromwell and then Sidley Austin, both in New York, as well as General Counsel of AngelList.  He was a VAP and a postdoctoral scholar at, respectively, NYU Law School and Columbia Law School.  His teaching and research interests include corporate law and finance, securities regulation, derivatives and other financial regulation, and bankruptcy.


Gregory Buchak '19, who will join the faculty of the Graduate School of Business at Stanford University.  He will earn his J.D. and his Ph.D. in Finance both from the University of Chicago in June.  At the Law School, he was a member of the Law Review and a Kirkland & Ellis Scholar.  His teaching and research interests include corporate and consumer finance, law & economics, banking, and financial regulation.


Courtney Cox’14, who will join the law faculty at Fordham University.  She graduated with Highest Honors and Order of the Coif from the Law School, where she was also a member of the Law Review, a Rubenstein Scholar and a Kirkland & Ellis Scholar.  Before coming to Chicago, she earned her D.Phil. in Philosophy from Oxford University.  Upon graduation from the Law School, she clerked for Judge Lynch on the U.S. Court of Appeals for the First Circuit, and was then an associate focusing on intellectual property litigation at Ropes & Gray in Boston.  Her teaching and research interests include intellectual property, copyright, trademarks, trade secrets, jurisprudence, civil procedure, and property.  


Stephanie M. Didwania '09, who will join the law faculty at Temple University.  She graduated with Honors from the Law School, where she was the Comment and Development Editor of the University of Chicago Journal of International Law.  She clerked for Judge Paez on the U.S. Court of Appeals for the Ninth Circuit and earned a Ph.D. in Managerial Economics and Strategy from the Kellogg School of Management at Northwestern University in 2016. Most recently, she was a Bigelow Fellow at the Law School.  Her teaching and research interests include criminal law and criminal justice, intellectual property, torts, and antitrust.


James (Jamie) Macleod ’12, who will join the faculty at Brooklyn Law School.  He graduated with High Honors and Order of the Coif from the Law School, where he was an editor of the Law Review and a Kirkland & Ellis scholar all three years. He clerked for Judge Lohier on the U.S. Court of Appeals for the Second Circuit, and was a litigation associate, first at Williams & Connolly in D.C. and then at Gibson Dunn in New York, before joining Columbia Law School as an Associate-in-Law in 2017.  His teaching and research interests include criminal law, torts, evidence, criminal procedure, legislation, and experimental jurisprudence.


Manisha Padi, who will join the law faculty at the University of California, Berkeley.  She is currently a Bigelow Fellow at the Law School.   She received her J.D. from Yale and her Ph.D. in Economics from MIT, both in 2017.  Her teaching and research interests include contracts, bankruptcy, financial institutions, corporate law and finance and empirical legal studies.


Kyle Rozema, who will join the law faculty at Washington University, St. Louis.  He is currently the Behavioral Law & Economics Fellow at the Law School.  He received his J.D. in 2011 from Washington University, St. Louis and his PhD in Economics from Cornell University in 2015, with a dissertation on tax policy.  He was a post-doctoral Fellow in Empirical Legal Studies at Northwestern before coming to Chicago in 2017. His teaching and research interests include federal income taxation, tax policy, law & economics, empirical legal studies, patents and torts.


Emily Winston '10, who will join the law faculty at the University of South Carolina.  She is currently the Jacobson Research Fellow in Law & Business at New York University School of Law, where she was previously a Clinic Fellow and Supervising Attorney in the Business Law Transactions Clinic from 2014-16.   Prior to joining NYU, she was a corporate associate at Dewey & LeBoeuf and then Paul Hastings, focusing on cross-border securities and corporate finance transactions involving Latin American companies.  Her teaching and research interests include corporate law, securities regulation, contracts, international business transactions, and nonprofit and philanthropy law.

You can see a complete list of the several hundred alumni in teaching here.

April 22, 2019 in Advice for Academic Job Seekers, Faculty News | Permalink

Thursday, April 18, 2019

Pro-billionaire, anti-education populism comes to France (Michael Simkovic)

In the United States, both Democratic and Republican politicians sometimes attempt to bolster their populist credibility by going after easy targets--attacking pharma companies, or doctors, or insurance companies or banks or universities--while being elitists where it really counts: cutting taxes for billionaires and raising taxes on the middle class.

French president Emmanuel Macron, who recently faced angry protests after making France's tax system more regressive, is taking a page out of the American playbook by threatening to close ENA, an elite institution that trains the upper echelon's of the civil service and corporate managers. 

In knee-jerk populist logic, making civil servants less well-educated and less competent somehow makes up for taxing the middle class more heavily to provide tax relief to the wealthy.

April 18, 2019 in Guest Blogger: Michael Simkovic | Permalink

Wednesday, April 17, 2019

Five law professors elected to the American Academy of Arts & Sciences

They are:  Anita Allen (Penn, elected in the Philosophy category), Rachel Barkow (NYU), Tracey Meares (Yale), Nathaniel Persily (Stanford), and James Ryan (President of the University of Virginia, and a member of the law faculty).  Judge Merrick Garland of the D.C. Circuit and Justice Goodwin Liu of the California Supreme Court were also elected.

ADDENDUM:  I just noticed that Jody Freeman (Harvard Law) was also elected, but in the Public Affairs and Policy section.

April 17, 2019 in Faculty News | Permalink

Tuesday, April 16, 2019

Entry-level hiring report for 2019


Professor Lawsky (Northwestern) is now collecting information.

April 16, 2019 in Advice for Academic Job Seekers, Faculty News | Permalink

Thursday, April 11, 2019

"Please reject me: an Open Letter to the Harvard Law Review"

Mark Lemley (Stanford) kindly shared this quite amusing open letter:

                                                    Please Reject Me

                                An Open Letter to the Harvard Law Review

            The Harvard Law Review has rejected my articles in the past.  A lot.  Indeed, they may have rejected me more than anyone else in the legal academy.  I’m 0 for 140 or so at Harvard.

            Several years ago, though, they stopped rejecting me.  I’m not saying they accepted my papers.  They haven’t, and probably they never will.

            No, what I mean is that they just stopped responding at all.  Oh, I get automated notices acknowledging that I’ve submitted a paper, vaguely hinting that they might read it.  And I get acknowledgements when I expedite my article after getting an offer elsewhere.  But it’s been at least seven years since I’ve gotten even an automated rejection, much less contact from a human being. 

            Every law professor knows the automated rejection form.  There are the nice ones, assuring me that they really liked my paper and just “couldn’t come to consensus.”  There is the everpresent “we have carefully considered your paper, but we get so many good submissions that we couldn’t take yours.”  There is the more dispassionate “unfortunately we can’t publish your paper.”  But from Harvard?  Nothing. 

            And they’re not alone.  In the last couple of years more top reviews have been ignoring papers altogether rather than giving us the bad news.

            As an author, this sucks.  Would I like you to accept my paper?  Sure I would.  But even more than that, I’d just like to know.  Did you read it and decide it wasn’t good?  Did you just not get to it in time?  Did you take a look at the title, realize it’s about patent law, and read no further?  [As far as I can tell the Harvard Law Review has never in its history published a patent law article.  Certainly it hasn’t done so in the 31 years I’ve been in law].  Fine.  I’m a big boy; I can take it.  Just tell me, please. 

            Yes, I know you’re busy.  But you’ve already got an automated system; it can’t be that much more work to generate an automated email telling me what I already suspected. 

            For starters, it would be the polite thing to do.  [Think how you’d feel if authors didn’t withdraw their papers when they’d accepted offers elsewhere].

            But you’re not just being rude to me.  You’re being rude to every other law review editor in the country.  We law professors have all submitted our papers to you, and we all harbor the secret hope that maybe this time you’ll publish our paper.  And so we lobby for the longest possible expedite window and wait until the last possible moment to accept our offers, because we haven’t yet heard back from you, and maybe, just maybe, that’s because you’re furiously discussing whether to accept it before the deadline.  You’re not.  Of course you’re not.  But hope springs eternal.  Thus does your unwillingness to reject us gum up the works for everyone else, slowing acceptances and making it harder for reviews to find authors. 

            So please, Harvard Law Review, reject me.  Save the ghosting for parties. 


Mark A. Lemley
William H. Neukom Professor, Stanford Law School
Director, Stanford Program in Law, Science, and Technology

Senior Fellow, Stanford Institute for Economic Policy Research

Affiliated Professor, Stanford Symbolic Systems Program
partner, Durie Tangri LLP

co-founder, Lex Machina Inc.

April 11, 2019 in Legal Humor, Legal Profession, Of Academic Interest, Student Advice | Permalink

Wednesday, April 10, 2019

In Memoriam: Kenneth Karst (1929-2019)

Professor Karst, a distinguished constitutional law scholar and longtime professor of law at UCLA, has passed away.  I will add links to memorial notices as they appear.

UPDATE:  The UCLA memorial notice is here.

April 10, 2019 in Memorial Notices | Permalink

New study sheds light on why female law firm associates are less likely to make partner (Michael Simkovic)

A rigorous new study by Ghazala Azmat and Rosa Ferrer finds that much of the difference in employment outcomes between male and female law firm associates is attributable to men billing more hours (not simply working more hours; doing more work that is billable), bringing in more revenue, and having greater aspirations to make partner. (Summary available here).

After controlling for these differences, there is still evidence consistent with some sex discrimination (albeit directional and no longer statistically significant), but discrimination appears to be far less severe than many earlier studies had suggested.  Those earlier studies had less information about differences in employee performance. Questions remain about whether discrimination could lead female law firm associates to have fewer opportunities to do billable work or to network and generate business, although Azmat and Ferrer find some evidence against this.  Consistent with previous studies, child-rearing has a more negative impact on women than on men through greater reductions in work hours and revenue generation.

The results suggest that ambitious associates--of either sex--can increase their chances of making partner by prioritizing billable work and revenue generation over other uses of their time.

April 10, 2019 in Guest Blogger: Michael Simkovic | Permalink

Tuesday, April 9, 2019

New report finds criticisms of GradPlus federal student loans "overblown" (Michael Simkovic)

AccessLex Institute released a new report, Examining Grad PLUS: Value and Cost, showing the primary criticisms of the Grad PLUS loan program—unchecked rises in tuition and the potential cost to the federal government—are either nonexistent or substantially overestimated.

April 9, 2019 in Guest Blogger: Michael Simkovic | Permalink

Monday, April 8, 2019

New multi-year "Originalism Conference" at Yale funded by Rosenkranz Foundation...

...set up by the father of Georgetown constitutional law expert Nicholas Rosenkranz, a Yale Law alum.  The project will be led by Yale Law professor Akhil Amar and regular Yale visiting professor Steven Calabresi, who also teaches at Northwestern.

April 8, 2019 in Faculty News, Of Academic Interest | Permalink

Friday, April 5, 2019

A case of bad editorial practice at a journal


Professor Steven Davidoff Solomon (Berkeley) called to my attention a case of bad editorial practices, in  this instance, involving the Journal of Empirical Legal Studies, a distinguished journal in its field.   Briefly, JELS rejected an article of Professor Solomon's, sending along two referee reports; however, the editors revised one of the referee reports to make it sound less positive than it really was.  Professor Solomon discovered this because the referee had contacted him about his paper independently.   Professor Solomon submitted a "letter to the editor" of JELS about this matter, but JELS declined to break with its practice of not publishing such letters, so Professor Solomon supplied the letter to me (along with other documentation):  Download Letter to the Editor JELS.  The letter sets out the details of what transpired.

Journal editors are well within their rights to disregard the recommendations of referees or to disagree with their ultimate assessments.  Journal editors may also decide not to share referee reports with authors, or not to share them in full.  But what they should not do, out of respect for both their referees and authors, is unilaterally revise the content of a referee report to make it support their independent decision.  One hopes this is an anomalous incident.  I've opened comments here in case the editors or others wish to comment.  Comments must include a full name and a valid e-mail address, or they will not appear.


April 5, 2019 in Of Academic Interest, Professional Advice | Permalink | Comments (14)