Wednesday, February 21, 2024
These are non-clinical appointments that will take effect in summer or fall 2024 (except where noted); (recent additions will be in bold.) Last year's list is here.
*Bethany Berger (property, American Indian law, conflicts of law) from the University of Connecticut to the University of Iowa.
*Sarah Burstein (intellectual property, design law) from Suffolk University to Illinois Institute of Technology/Chicago-Kent College of Law.
*Jenny Carroll (criminal law & procedure) from the University of Alabama to Texas A&M University.
*Robert Chang (Critical Race Theory; race, ethnicity & law) from Seattle University to the University of California, Irvine.
*Harlan Cohen (international trade, international law) from the University of Georgia to Fordham University (effective January 2024).
*James Coleman (energy law) from Southern Methodist University to the University of Minnesota.
*Keith Cunningham-Parmeter (labor & employment law, contracts) from Willamette University to Lewis & Clark (effective January 2024).
*Marc DeGirolami (law & religion, constitutional law) from St. John's University to Catholic University (effective January 2024).
*William Dodge (international business transactions, international litigation & arbitration, contracts) from the University of California, Davis to George Washington University.
*Jelani Jefferson Exum (criminal law & procedure) from the University of Detroit Mercy (where she is Dean) to St. John's University (to become Dean).
*Roger A. Fairfax, Jr. (criminal law & procedure, criminal justice administration) from American University (where he is Dean) to Howard University (to become Dean).
*Brian Gallini (criminal law) from Willamette University (where he is Dean) to Quinnipiac University (to become Dean).
*David Gamage (tax) from Indiana University, Bloomington to the University of Missouri, Columbia (effective January 2024).
*Andrew Gold (corporate, torts, private law theory) from Brooklyn Law School to the University of California, Irvine.
*Julie Andersen Hill (commercial law, banking law) from the University of Alabama to the University of Wyoming (to become Dean).
*Charles Jalloh (international law) from Florida International University to the University of Miami.
*Daniel Kelly (law & economics, property, trusts & estates, remedies) from the University of Notre Dame to the University of St. Thomas (Minneapolis) (to become Dean).
*J.D. King (criminal procedure, professional responsibility) from Washington & Lee University to Rutgers University (effective January 2024).
*Edward Lee (intellectual property, law & technology) from Chicago-Kent College of Law to Santa Clara University.
*Gary Lawson (administrative law, constitutional law) from Boston University to the University of Florida, Gainesville.
*Stefanie Lindquist (empirical legal studies, constitutional law) from Arizona State University to Washington University, St. Louis (to become Dean).
Tuesday, February 20, 2024
Lawprof Joshua Silverstein's submission to the ABA raises some interesting issues: Download Silverstein Josh Comments Attachments re. Std 303 (and see also the attachments, including letters from then Stanford Dean Magill and UVA Dean Mahoney about the last proposal to increase the "experiential" learning requirement).
Monday, February 19, 2024
The lawsuit noted last summer has settled, it appears on the basis of the retaliation claim. Professor Campos received $60,000, and his law firm received $100,000.
On the retaliation allegation, Professor Kerr had surmised last summer that the University would argue that removing Campos from a committee assignment wasn't retaliation for his complaining of discrimination because "Campos had said he anticipated suing the university because the evaluations committee had discriminated against him. That's the same committee he was set to join...." That surmise turned out to be incorrect. As a Colorado law professor (who sent the settlement to me) pointed out, "The evaluation committee he'd been assigned to wasn't the same committee (meaning with the same members) as had evaluated him." Even when the underlying discrimination claim is without merit, retaliation claims are often winners (and have become easier to win since this SCOTUS decision). (Campos, in his self-serving blog post about this, noted that the settlement agreement was not confidential, but did not disclose the amount he actually got, and I suppose we now know why.)
Tuesday, February 13, 2024
Monday, February 12, 2024
Story here; the key bit:
A judge found that an 1878 California law saying the state’s law school in San Francisco “shall forever be known” as Hastings College of the Law was not a binding contract, but simply an ordinary statute that future lawmakers were free to amend or repeal.
Wednesday, February 7, 2024
Story here; an excerpt:
Law schools will now be asked to explicitly protect free speech rights for faculty, students and staff as part of the ABA accreditation process. Though law school faculty have long enjoyed protections for academic freedom, this would be the first accreditation standard to address free speech for the entire community within law schools.
The ABA House of Delegates on Monday voted in favor of the creation of the law school standards regarding academic freedom and freedom of expression at its midyear meeting in Louisville, Kentucky.
Resolution 300 was brought by the ABA Section of Legal Education and Admissions to the Bar. It calls for the adoption of Standard 208, which requires law schools to “protect the rights of faculty, students and staff to communicate ideas that may be controversial or unpopular, including through robust debate, demonstrations or protests.” It does not provide specific policy language.
Just as a sidenote, what's new here is the protection for free speech rights, not academic freedom, which faculty already enjoy in almost all (maybe all) law schools by contract or as a matter of constitutional right at public law schools. Under the AAUP definition of academic freedom, faculty are protected from sanction for their extramural speech, e.g., on political or other topics. In effect, this new provision appears to extend that protection to students and staff at a law school.
Tuesday, February 6, 2024
Monday, February 5, 2024
A founding member of the law faculty at the University of California, Irvine, Professor Burk taught prior to that at the University of Minnesota and Seton Hall University. He was a leading scholar in intellectual property and Cyberlaw (or "Internet law" as it was called when he was one of the first to write about it). I will add links to memorial notices when they appear.
UPDATE: A very nice remembrance from Lawprof Eric Goldman (Santa Clara).
ANOTHER: UC Irvine's memorial notice.
...suspecting conflicts of interest, and USNews.com sues claiming violation of its First Amendment right to mislead consumers (OK, they left out the "mislead consumers" part). As we've noted before, prevailing in a lawsuit against USNews.com would be difficult.
Wednesday, January 31, 2024
I only just learned of Professor Shapo's death in December. He was a longtime member of the law faculty at Northwestern University, where he was emeritus, and a leading scholar in the fields of torts and products liability. The Northwestern memorial notice is here.
Tuesday, January 30, 2024
A propos yesterday's post about the new half-million dollar signing bonuses for SCOTUS clerks and Professor Gordon's suggestion that this probably explains why we seem to be seeing fewer former SCOTUS clerks on the academic job market, Professor Sarah Lawsky (Northwestern) shared this useful graphs based on the data she collects on the rookie job market:
Obviously the total numbers are small, but it's clear there are fewer clerks taking law teaching jobs in the last few years than a decade ago.
Monday, January 29, 2024
Wow! Perhaps some empirical legal studies scholars will examine whether hiring SCOTUS clerks really confers the appellate advantage some firms seem to think they do.
UPDATE: Professor Jeff Gordon (Columbia) writes:
Don't you think that one consequence of these lavish bonuses for Sup Ct clerks has been a marked fall off in the number of entry level profs who have clerked on the Court? Yes, there is an interdisciplinary turn which is inconsistent with the now 3 year path to the Sup Ct, but -- it's hard to turn down $500K for the $75K (maybe) in an academic fellowship with uncertain prospects thereafter.
I suspect this is right, and while I haven't scrutinized the data systematically, it comports with my own impression of the rookie market in recent years (the SCOTUS clerks we do see typically have been out for several years). Thoughts from readers?
Thursday, January 25, 2024
Tom Ginsburg (Chicago) on Claire Finkelstein's (Penn) call to repress pro-Palestinian speech on campus
Professor Finkelstein is the latest in a long line of academics, from both the left and right, calling for the repression of campus speech they don’t like. Her position is the logical outgrowth of our era, in which students’ feelings take priority, and the use of terms like “violence” and “safety” have lost any connection with their traditional uses. Violence is what is happening in Gaza, while American universities are among the safest places on the planet.
Our universities, with their ever-large bureaucracies, have encouraged rhetorical drift, but in doing so, have undermined one of their core missions—to prepare students as citizens of a plural, democratic society in which they will encounter opinions with which they strongly disagree. In the United States, with the First Amendment, this means that even private universities need to prepare students for a world in which all kinds of horrific speech is allowed, and so should generally take the same approach as public universities. This doesn’t mean that universities have to allow everything: perhaps a true call for genocide of Jews ought to be disallowed, though we have not to my ears yet heard one on an American campus in the wake of Hamas’s October 7, 2023 attacks. Israeli policy is an obvious area of democratic concern, and so must be fully debated, even if some find the slogans of one or the other side offensive. Of course, protests and speech must be carried out peacefully, without physically intimidating others, shutting down speakers, or interfering with classrooms. But Finklestein’s call for content-based restrictions is doubling down on a policy that is failing students and undermining public trust in higher education.
Tuesday, January 23, 2024
A longtime member of the Harvard Law faculty--who also served as an Associate Justice of the Supreme Judicial Court of Massachusetts and Solicitor General of the United States during the Reagan Administration--Professor Fried wrote widely in constitutional law, torts, contracts, and legal ethics, among other topics. I will add links to memorial notices as they appear.
UPDATE: An informative obituary from the Harvard Crimson.
MOVING TO FRONT (FROM DEC 11, 2023) SINCE MANY SCHOOLS HAVE NOW MADE OFFERS (ORIGINALLY POSTED NOVEMBER 24, 2009--I HAVE UPDATED CERTAIN NUMBERS)--SEE ALSO THE COMMENTS, WHICH HAVE HELPFUL ADDITIONAL SUGGESTIONS
With luck, some of you seeking law teaching jobs will have gotten offers of tenure-track positions. What then? Here's roughly what I tell the Chicago job candidates we work with that they need to find out, and in the interest of having it written down in one place and for the benefit of others too, here it is (not in order of importance):
1. You will want to get (in writing eventually) the basic salary information, obviously, and the nature of summer research support and the criteria for its award (is it automatic for junior faculty? contingent on prior publication [if so, how much?]? awarded competitively (if so, based on what criteria/process)?). You should also find out how salary raises are determined. Are they, for example, lock-step for junior faculty? Fixed by union contract? (Rutgers faculty, for example, are unionized, a huge advantage and why they are among the best-paid faculty, not just in law, in the country.) Is it a 'merit' system, and if so is it decanal discretion or is their a faculty committee that reviews your teaching and work each year?
2. You should ask for a copy of the school's tenure standards and get clear about the expectations and the timeline. Does any work you have already published count towards meeting the tenure standard?