Saturday, August 17, 2019

Free college proposals should include private colleges (Michael Simkovic)

From an essay I recently published at "The Conversation":

"Students can use federal financial aid to attend any college they want, whether public or private.

But the “free college” proposals floated by some 2020 presidential candidates would increase federal funding only for community colleges or state-run universities. Private nonprofit universities would be excluded. . . .

It would be easier to fulfill campaign promises to make higher education “free” by covering only public institutions, which tend to charge lower tuition and to spend less educating each of their students.

But cost and quality tend to go together, and this relationship holds true for higher education. . . . 

Four-year completion rates at public institutions trail those at private non-profits by as much as 20% for students of the same race and sex.

Colleges and universities with more funding and higher tuition – typically private institutions – not only graduate students faster, but their graduates go on to earn higher salaries than their peers who graduate from less well-funded colleges, after accounting for differences in student characteristics and selectivity. Several studies have come to similar conclusionsEducational resources affect earnings. . . . 

Poorer outcomes at public institutions can be explained by lower spending. . . . But the resource problems at colleges won’t get better if federal money merely pays the same tuition that students are paying now. Many state governments prohibit state colleges and universities from increasing tuition, even as states have cut the amount of money they spend per student. Tuition caps would prevent public colleges from obtaining the additional resources they need to improve quality.

These price ceilings worsen problems such as high student-to-faculty ratioslow instructor pay and restricted course offerings. They also mean schools must turn away qualified students and allow facilities and equipment to fall into disrepair.

Without tuition caps, price would still be limited by market competition. Private nonprofits compete with each other for students and offer education across a range of prices and quality levels.

. . . . Some state governments might turn down federal funding for higher education if it requires states to spend more. The same thing happened when many states turned down Medicaid expansion.

 . . . Restricting . . . students to public institutions would limit their choice of academic programs and quality. For example, in some parts of the country, only private institutions offer programs like business economics or electromechanical engineering. Including private institutions would mean a wider range of choices

What could a federal subsidy look like that would empower students to choose the college they believe is best for them?

One option would be a voucher that would fund costs at a school of the student’s choice. For instance, a voucher could cover between 30% and 80% of tuition, fees, books and reasonable living expenses at any accredited public or nonprofit college or university. . . .

Some might argue that making education funding available to private institutions would divert funding from public universities. But respecting student choice might make these programs more popular and build broader political support for increased funding for higher education."

August 17, 2019 in Guest Blogger: Michael Simkovic | Permalink

Friday, August 16, 2019

Faculty appointments committees for 2019-20...

MOVING TO FRONT (ORIGINALLY POSTED JULY 18)

...you can announce yourselves (and your school's hiring priorities) here.

August 16, 2019 in Advice for Academic Job Seekers | Permalink

Tuesday, August 13, 2019

Chicago Alumni and Fellows on the law teaching market, 2019-20

MOVING TO FRONT FROM AUGUST 7

This post is strictly for schools that expect to do hiring this year.

In order to protect the privacy of our candidates, please e-mail me at bleiter@uchicago.edu to get a copy of the narrative profiles of our candidates, including hyperlinks to their homepages.  All these candidates will be in the first FAR distribution.

We have an excellent group of nine candidates this year (four alumni, three Bigelows, one Olin Fellow in Law & Economics, and one Dickerson Fellow), who cover many curricular areas including legal profession/professional responsibility, election law, civil procedure, constitutional law, administrative law, legislation, evidence, employment discrimination, race and the law, contracts, consumer law and finance, property, law & economics, empirical legal studies, corporate law and finance, securities regulation, international trade law, international business transactions, bankruptcy, commercial law, alternative dispute resolution, Chinese law, torts, energy law, anti-discrimination law, law & psychology, experimental jurisprudence, and bioethics.

Our candidates include former Supreme Court and federal appellate clerks; Law Review editors; JD/PhDs in Psychology, Finance, Economics, Sociology and Political Science, as well as SJDs; and accomplished practitioners as well as scholars.  All have publications, sometimes multiple publications, and all have writing samples available upon request.

If when you e-mail, you tell me a bit about your hiring needs, I can supply some more information about all these candidates, since we have vetted them all at some point in the recent past.

August 13, 2019 in Faculty News | Permalink

Monday, August 12, 2019

A memorable commencement address

Many readers will, I think, enjoy the commencement address to the Law School's Class of 2019 delivered by my colleague David Weisbach.  At the preceding link, you'll find a transcript and also a link to a video of the talk.  It produced a spontaneous standing ovation, a first in the history of commencement addresses at Chicago as far as anyone can recall.

August 12, 2019 in Faculty News, Of Academic Interest | Permalink

Tuesday, August 6, 2019

Ten lateral moves that made law professors take notice during 2018-19

Based on my in-box and conversations with others, these were the ten moves this past year that were thought to be the biggest hiring coups (I omit any lateral moves my school was part of!):

 

*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).

 

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

 

*David Grewal (international trade, law & technology, political economy, political theory) from Yale University to the University of California, Berkeley.

 

*Orin Kerr (criminal procedure, computer crime law) from the University of Southern California to the University of California, Berkeley.

 

*Catherine Kim (civil procedure, administrative and immigration law) from the University of North Carolina, Chapel Hill to Brooklyn Law School.

 

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

 

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

*Patricia J. Williams (critical race theory, civil rights) from Columbia University to Northeastern University.

August 6, 2019 in Faculty News | Permalink

Monday, August 5, 2019

Rostron & Levit's guide to submitting to law reviews updated

I am happy to share the following announcement from Professors Rostron & Levit:

Dear Colleagues,

We  just updated our charts about law journal submissions, expedites, and rankings from different sources for the Spring 2019 submission season covering the 203 main journals of each law school. 

We have created hyperlinks for each law review to take you directly to the law review’s submissions page. Again the chart includes as much information as possible about what law reviews are not accepting submissions right now and what months they say they’ll resume accepting submissions. 

There has been some change in law reviews’ submission preferences:  Now 82 schools prefer or require Scholastica as the exclusive avenue for submissions, 40 law journals prefer direct emails, and 39 law reviews prefer or require submission through ExpressO, with 37 accepting articles submitted through either ExpressO or Scholastica. Seven schools now have their own online web portals.  Ninety-three schools permit email submissions even if they prefer submission through a service.

The first chart contains information about each journal’s preferences about methods for submitting articles (e.g., e-mail, ExpressO, Scholastica, or regular mail), as well as special formatting requirements and how to request an expedited review.  The second chart contains rankings information from U.S. News and World Report  (overall, peer, lawyers and judges), as well as data from Washington & Lee’s law review website (citation count, impact factor, and combined ratings).

Information for Submitting Articles to Law Reviews and Journals:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1019029 

We would welcome your forwarding of this link to your faculty.   We appreciate any feedback you might have.

Happy writing!

All the best,

Allen and Nancy

Professor Allen Rostron

Associate Dean for Students and William R. Jacques Constitutional Law Scholar and Professor of Law

rostrona@umkc.edu

Professor Nancy Levit
Associate Dean for Faculty and Curators' Distinguished Professor and Edward D. Ellison Professor of Law

levitn@umkc.edu             

UMKC School of Law
500 E. 52nd St.

August 5, 2019 in Advice for Academic Job Seekers, Professional Advice | Permalink

Thursday, July 25, 2019

"Legal Positivism as a Realist Theory of Law"

This is essentially the final version (minus some citations and formatting) that will appear in The Cambridge Companion to Legal Positivism, which will probably be out in 2020 (and is being edited by Patricia Mindus [Uppsala] and Torben Spaak [Stockholm]).

July 25, 2019 in Jurisprudence | Permalink

Wednesday, July 24, 2019

Amy Wax, again, and academic freedom and the duties of administrators

Penn's Amy Wax has done it again, and this time her Dean has caved into those (reasonably) offended and condemned the substance of her remarks.  In the past, Penn Dean Ruger did the right things when it came to Wax, but in this instance he failed:  it is not the job of a Dean to condemn the protected and lawful speech of faculty members.  (See this for more details about my views on this score.)   The public response should have been succinct and consisted only of this:  "Professor Wax speaks for herself, not for the institution."   Individual faculty are free to exercise their speech rights to criticize Wax's latest stupidity, but the institution, for whom the Dean speaks, should remain silent. Here is how the University of Chicago's 1967 Kalven Report (authored by famed First Amendment scholar Harry Kalven) puts it:

The mission of the university is the discovery, improvement, and dissemination of knowledge.  Its domain of inquiry and scrutiny includes all aspects and all values of society.  A university faithful to its mission will provide enduring challenges to social values, policies, practices, and institutions.  By design and effect, it is the institution which creates discontent with the existing social arrangements and proposes new ones.  In brief, a good university, like Socrates, will be upsetting.

The instrument of dissent and criticism is the individual faculty member or the individual student.  The university is the home and sponsor of critics; it is not itself the critic.....To perform its mission in the society, a university must sustain an extraordinary environment of freedom of inquiry, and maintain an independence from political fashions, passions, and pressures.  A university, if it is to be true to its faith in intellectual inquiry, must embrace, be hospitable to, and encourage the widest diversity of views within its own community....

Since the university is a community only for these limited and distinctive purposes, it is a community which cannot take collective action on the issues o fthe day without endangering the conditions for its existence and effectiveness.

July 24, 2019 in Faculty News, Of Academic Interest, Professional Advice | Permalink

Tuesday, July 23, 2019

HLS professor Bruce Hay's nightmare

I doubt anyone could have made this story up, it's bizarre beyond belief.

July 23, 2019 in Faculty News | Permalink

Monday, July 22, 2019

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

I EXPECT THIS WILL BE THE LAST TIME THIS LIST IS MOVED TO THE FRONT FOR 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).

 

*Jane Aiken (torts, evidence, experiential education) from Georgetown University to Wake Forest University (to become Dean).

 

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

 

*Kristen Barnes (property, housing law, international human rights, voting rights) from the University of Akron to Syracuse University. 

 

*Michael F. Barry (complex litigation, legal education & pedagogy) from St. Mary's University to South Texas College of Law (to become Dean and President).

 

*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).

 

*Mary Anne Bobinski (health law) from the University of British Columbia to Emory University (to become Dean).

 

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

 

*Maureen Brady (property, land use, legal history) from the University of Virginia to Harvard University (untenured lateral).

 

*William Wilson Bratton (corporate law) from the University of Pennsylvania (where he will become emeritus) to the University of Miami (effective July 1, 2020).

 

*Khiara Bridges (race & the law, family law, reproductive rights) from Boston University to the University of California, Berkeley.

 

*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).

 

*Richard Chen (contracts, international law & arbitration) from the University of Maine to the University of Hawaii (untenured lateral).

 

*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.

 

*Zachary Clopton (civil procedure, international business transaction, national security law) from Cornell University to Northwestern University.

 

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

 

*Blanche Cook (criminal law & procedure, evidence, critical race theory) from Wayne State University to the University of Kentucky.

 

*Giuseppe Dari Mattiacci (law & economics, comparative law, corporate law, contracts) from the University of Amsterdam to Columbia University.

 

*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).

 

*Ryan Doerfler (legislation/statutory interpretation, administrative law, law & philosophy) from the University of Pennsylvania to the University of Chicago.

 

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

 

*Trevor Gardner (criminal law) from the University of Washington, Seattle to Washington University, St. Louis (untenured lateral).

 

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

 

*Marc-Tizoc Gonzalez (property, critical race theory, poverty law) from St. Thomas University (Florida) to the University of New Mexico. 

 

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

 

*David Grewal (international trade, law & technology, political economy, political theory) from Yale University to the University of California, Berkeley.

 

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

 

*Jonathan Kahn (health law, bioethics, constitutional law, torts) from Mitchell|Hamline School of Law to Northeastern University.

 

*John Kang (constitutional law, law & gender, legal theory) from St. Thomas University (Florida) to the University of New Mexico.

 

*Orin Kerr (criminal procedure, computer crime law) from the University of Southern California to the University of California, Berkeley.

 

*Catherine Kim (civil procedure, administrative and immigration law) from the University of North Carolina, Chapel Hill to Brooklyn Law School.

 

*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).

 

*James McGrath (legal education & pedagogy, health law) from Texas A&M University to Western Michigan University Cooley Law School (to become President and Dean).

 

*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.

 

*Minor Myers (corporate law) from Brooklyn Law School to the University of Connecticut, Hartford.

 

Continue reading

July 22, 2019 in Faculty News | Permalink

Friday, July 19, 2019

International ranking of law journals

A group of Israeli legal scholars undertook this quantitative and qualitative study,resulting in a tiered ranking of journals as A*, A, B, C and unranked.   One could quibble here and there, but it's a reasonably sensible result.

July 19, 2019 in Of Academic Interest, Rankings | Permalink

Thursday, July 18, 2019

This year's FAR form surprise

Last year it was the addition of the silly but harmless "student leadership" and "community service" sections, this year it's more consequential:   candidates can now upload their job talk papers along with their FAR form, CV and research agenda.  But of course many candidates are still polishing their job talk papers because they expected, reasonably enough, that they would have until the first FAR distribution in eary-to-mid-August to get them ready for circulation.   So I expect many candidates will not upload a job talk paper initially, and hiring schools shouldn't draw any adverse inferences from that given that AALS just sprung this on everyone.

It would be nice if the AALS would alert member schools well in advance of these changes, so we can advise candidates to prepare accordingly.

July 18, 2019 in Advice for Academic Job Seekers | Permalink