Tuesday, June 2, 2020
Amicus brief from law professors in support of Shmuel Leshem in his tenure dispute with Southern California
Monday, June 1, 2020
Saturday, May 30, 2020
A recent article argues that legal clinics funded in the 1960s to help the poor obtain access to legal services helped reduce civil unrest and thereby increased property values in minority communities. The article argues that the timing and location of grants to fund the establishment of these clinics was close enough to random (or at least unrelated to riot propensities) to facilitate causal inference, and attempts to control for differences between areas that received grants and those that did not. In particular, the article instruments by whether or not the community had an established law school, which was a necessary precondition for receipt of a grant to fund a legal clinic.
The debate about law school clinics has tended to focus on the extent to which clinics provide pedagogical benefits and short term employment advantages to law students. But if the authors of the article above are right, clinics may also be a way for law schools and universities to contribute to stability in their local communities.
Thursday, May 28, 2020
These are non-clinical appointments that will take effect in 2020 (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.
*Bryan Adamson (civil procedure, civil rights, media law) from Seattle University to Case Western Reserve University.
*Chaz Arnett (criminal law, education law) from the University of Pittsburgh to the University of Maryland (untenured lateral).
*Rachel Arnow-Richman (employment law, contracts) from the University of Denver to the University of Florida, Gainesville.
*Khaled Beydoun (civil rights, national security law) from the University of Arkansas, Fayetteville to Wayne State University.
*Mario Biagioli (intellectual property, history of intellectual property, science and technology studies) from the University of California, Davis (Law and Science & Technology Studies) to the University of California, Los Angeles (joint in Law and Communications).
*Hannah Bloch-Wehba (law & technology, criminal procedure, First Amendment) from Drexel University to Texas A&M University (untenured lateral).
*Gregory W. Bowman (international trade, legal education) from West Virginia University (where he is currently Dean) to Roger Williams University (to become Dean).
*Shawn Boyne (criminal law & procedure, comparative law) from Indiana University, Indianapolis to Iowa State University (to become Director of Academic Quality and Undergraduate Education [ISU does not have a law school])
*William Wilson Bratton (corporate law) from the University of Pennsylvania (where he will become emeritus) to the University of Miami.
*Brian Broughman (corporate, venture capital) from Indiana University, Bloomington to Vanderbilt University.
*Nancy Cantalupo (civil rights, human rights, sex discrimination law) from Barry University to California Western School of Law (untenured lateral).
*Josh Chafetz (constitutional law & history, legislation) from Cornell University to Georgetown University.
*Kimberly Clausing (public finance, tax, international trade) from Reed College (Economics) to the University of California, Los Angeles.
*Larry Cunningham (criminal law & procedure, evidence, appellate advocacy) from St. John's University to Charleston School of Law (to become Dean).
*Raff Donelson (criminal procedure & law, jurisprudence) from Louisiana State University to Pennsylvania State University Dickinson School of Law (untenured lateral).
*Kristen Eichensehr (national security and foreign relations law, cybersecurity law) from the University of California, Los Angeles to the University of Virginia.
*Barbara Evans (law & technology, law & medicine) from the University of Houston to the University of Florida, Gainesville.
*Andrew Guthrie Ferguson (criminal law & procedure, evidence) from the University of the District of Columbia to American University.
*Kimberly Kessler Ferzan (criminal law, law & philosophy) from the University of Virginia to the University of Pennsylvania.
*Gina-Gail Fletcher (financial regulation, securities regulation) from Indiana University, Bloomington to Duke University.
*Jonathan Glater (higher education law) from the University of California, Irvine to the University of California, Los Angeles.
*Russell Gold (criminal law & procedure) from Wake Forest University (LRW faculty) to University of Alabama (untenured lateral).
*Paul Gowder (constitutional law, political and legal theory) from the University of Iowa to Northwestern University.
*Tara Leigh Grove (federal courts, constitutional law, civil procedure) from College of William & Mary to the University of Alabama.
*Paul Gugliuzza (civil procedure, intellectual property) from Boston University to Temple University.
*G. Mitu Gulati (contracts, sovereign debt, law & economics, empirical legal studies, race/gender & law) from Duke University to the University of Virginia (effective fall 2021).
*Blake Hudson (environmental law, land use, natural resources) from the University of Houston to the University of Florida, Gainesville.
*Cathy Hwang (corporate) from the University of Utah to the University of Virginia.
*Rebecca Ingber (international law, national security law) from Boston University to Cardozo Law School/Yeshiva University.
*Thea Johnson (criminal law & procedure, evidence) from the University of Maine to Rutgers University (untenured lateral).
*Deidré Keller (intellectual property, critical race theory) from Ohio Northern University to Florida A&M University (to become Dean).
*Ali Rod Khadem (Islamic law, business law) from Deakin University to Suffolk University (untenured lateral).
*Jaime King (health law & policy) from the University of California, Hastings to the University of Auckland.
*Donald Kochan (law and economics, property, administrative law) from Chapman University to George Mason University.
*Lee Kovarsky (capital punishment, criminal procedure, federal courts) from the University of Maryland to the University of Texas, Austin.
*Kimberly Krawiec (corporate) from Duke University to the University of Virginia (effective fall 2021).
*Kyle Langvardt (First Amendment, contracts, law & technology) from the University of Detroit Mercy to the University of Nebraska, Lincoln.
*David S. Law (comparative constitutional law, law & social science) from the University of California, Irvine to the University of Virginia (effective fall 2021).
*Matthew Lawrence (health law, administrative law) from Pennsylvania State University-Dickinson School of Law to Emory University (untenured lateral).
*Timothy Lovelace (legal history) from Indiana University, Bloomington to Duke University.
*Sheldon Bernard Lyke (property, trusts & estates, critical race theory) from Northern Kentucky University to University of Baltimore (untenured lateral)
*Brendan S. Maher (health law, ERISA) from the University of Connecticut to Texas A&M University.
*Cesar Rosado Marzan (domestic, comparative, and international labor & employment law) from Chicago-Kent College of Law to the University of Iowa.
*Dayna Bowen Matthew (health law & policy) from the University of Virginia to George Washington University (to become Dean).
*Goldburn P. Maynard, Jr. (tax law & policy) from the University of Louisville to Indiana University, Bloomington (Business School) (untenured lateral).
*Agnieszka McPeak (law & technology, torts, privacy) from Duquesne University to Gonzaga University.
*Derek Muller (election law) from Pepperdine University to the University of Iowa.
Tuesday, May 26, 2020
Cathy Hwang '10 (corporate) who is moving from the University of Utah to the University of Virginia.
Kyle Langvardt '07 (First Amendment, contracts, law & technology) who is moving from the University of Detroit Mercy to the University of Nebraska, Lincoln.
Goldburn P. Maynard, Jr. '05 (tax law & policy) who is moving from the University of Louisville to the Business School at Indiana University, Bloomington (untenured lateral).
Thursday, May 21, 2020
University of Minnesota law professor Parisi wins defamation lawsuit against woman who falsely and maliciously accused him of rape
Wednesday, May 20, 2020
Blog Emperor Caron has a very nice memorial for his colleague Jim McGoldrick, who taught at Pepperdine for a half-century, where he was clearly a beloved teacher; from Dean Caron's memorial:
As a faculty member and then Dean, I witnessed first hand Jim's incredible talent and dedication as a teacher. Courtney and I have hosted hundreds of students in our home for dinners in my three years as dean, and we always go around the table asking students which professor has had the biggest impact on them. Jim's name is mentioned time after time after time -- the students simply loved him. And Jim loved his students. I will never forget discussing with Jim how we could minimize the impact of his COVID-19 illness on his students moments before he was to be put on a ventilator. I am in awe that, in that scary moment, Jim's main concern was his students.
Tuesday, May 19, 2020
Monday, May 18, 2020
International efforts to slow the spread of coronavirus have come at heavy economic cost. According to figures recently released by the Department of Labor, Bureau of Labor Statistics, U.S. national unemployment rates have spiked from less than 5 percent to more than 14 percent as of April 2020, reaching the highest level since the Great Depression.
Unemployment has increased the most for those working in food preparation and personal care occupations, where working remotely is less feasible. For such workers, unemployment rates are now close to 40 percent. In contrast, those in professional and related occupations have fared relatively well, with unemployment averaging below 9 percent.
Legal occupations have proved remarkably resilient and currently have the lowest unemployment rate of any category tracked by the BLS. Unemployment for legal occupations reached only 3.7 percent in April of 2020. Unemployment rates for lawyers are likely even lower because legal occupations include lawyers as well as occupations that typically have significantly higher unemployment rates than lawyers, such as paralegals and other legal support workers. In the first quarter of 2020, these non-lawyer legal occupations had unemployment rates around 2.3 to 2.5 percent, compared to 1.1. percent for lawyers. To be clear, unemployment has increased in legal occupations—just not by as much as it has increased everywhere else.
Law may be resilient in part because electronic filing, electronic legal research resources, home computers, and telecommunications technology make it is easy for lawyers to work remotely, and in part because the COVID shutdowns are leading to additional work for lawyers in areas like restructuring, secured lending, and employment law. Legal services may also be helpful for navigating recent relief legislation that seeks to provide federal assistance to businesses and other institutions.
In the 2008 to 2009 recession, law was also relatively resilient, but healthcare was the most stable sector. The current downturn, however, is having a devastating effect on the finances of the healthcare sector.
Friday, May 15, 2020
Professor Lawsky (Northwestern) has released her typically excellent entry-level hiring report for this academic year. I'll have more to say about some of what we learn from these results in a subsequent post.
I'll add one data point: Professor Lawsky reports the number of graduates by school who got law teaching job, but not how many were on the market. Using the first FAR distribution (not a perfect metric, since it includes LLMs as well as JDs, but that effect probably washes out across schools), here are the schools ranked by the success rate of their graduates on the market (for all schools that placed at least two graduates and had at least five graduates on the market):
1. University of Chicago (57% [4/7])
2. Stanford University (53% [9/17])
3. Yale University (51% [18/35])
4. University of California Berkeley (46% [5/11])
5. Harvard University (33% [12/36])
6. University of Michigan, Ann Arbor (23% [3/13])
7. New York University (20% [6/20])
8. Columbia University (15% [2/13])
9. Georgetown University [14% [3/22])
Northwestern had only three graduates on the market, but placed two of them, so 67%!
Wednesday, May 13, 2020
Monday, May 11, 2020
Monday, May 4, 2020
Law professor Robert Jones (Northern Illinois) documents the trends here. Why is this happening? Maybe because the fortunes of law schools started to improve in the last few years, so evaluators are being more generous? Just speculation, I'm not sure there's any clear answer.