« December 2020 | Main

January 16, 2021

Lateral hires with tenure or on tenure-track, 2020-21

These are non-clinical appointments that will take effect in 2021 (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.


*Aziza Ahmed (health law, constitutional law, gender/race & law) from Northeastern University to the University of California, Irvine.


*Ifeoma Ajunwa (law & technology, race & law, labor & employment law, health law) from Cornell University (Industrial & Labor Relations School) to the University of North Carolina, Chapel Hill (effective January 2021).


*Shyamkrishna Balganesh (intellectual property, private law theory) from the University of Pennsylvania to Columbia University (effective January 2021).


*Nancy Chi Cantalupo (civil rights, human rights, sex discrimination) from California Western School of Law to Wayne State University (untenured lateral).


*Guy-Uriel Charles (constitutional law, election law, race & law) from Duke University to Harvard University.


*Danielle Citron (privacy, civil rights, freedom of expression, Internet law) from Boston University to the University of Virginia (effective January 2021).


*Kimberly Clausing (public finance, tax, international trade) from Reed College (Economics) to the University of California, Los Angeles.


*Robin Kundis Craig (environmental law, water law) from the University of Utah to the University of Southern California.


*Deborah Dinner (legal history, employment discrimination, family law) from Emory University to Cornell University.


*Tonya Evans (intellectual property, trusts & estates, entertainment law) from the University of New Hampshire to Pennsylania State University-Dickinson School of Law.


*Joseph Fishkin (constitutional law, employment discrimination, election law, equal opportunity) from the University of Texas, Austin to the University of California, Los Angeles.


*Cary Franklin (constitutional law, antidiscrimination law, legal history) from the University of Texas, Austin to the University of California, Los Angeles.


*Michael Z. Green (labor & employment law) from Texas A&M University to Chicago-Kent College of Law/Illinois Institute of Technology.


*G. Mitu Gulati (contracts, sovereign debt, law & economics, empirical legal studies, race/gender & law) from Duke University to the University of Virginia.


*Osamudia James (administrative law, race & law, education law) from the University of Miami to the University of North Carolina, Chapel Hill.


*Kristin Johnson (financial regulation, securities regulation) from Tulane University to Emory University (effective January 2021).


*Michael J. Kaufman (civil procedure, education law) from Loyola University, Chicago (where he is Dean) to Santa Clara University (to become Dean).


*Kimberly Krawiec (corporate) from Duke University to the University of Virginia.


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


*Mark McKenna (intellectual property, privacy law) from the University of Notre Dame to the University of California, Los Angeles.


*Seema Mohapatra (health law) from Indiana University, Indianapolis to St. John's University.


*Eduardo Penalver (property) from Cornell University (where he is currently Dean) to Seattle University (to become President of the University).


*Susan Poser (legal ethics/legal profession) from the University of Illinois, Chicago (where she is Provost) to Hofstra University (to become President of the University).


*D. Theodore Rave (civil procedure, constitutional law, election law) from the University of Houston to the University of Texas, Austin.


*L. Song Richardson (criminal law & procedure, law & social science) from the University of California, Irvine (where she is Dean) to Colorado College (to become President of the College).


*Maybell Romero (criminal law & procedure) from Northern Illinois University to Tulane University (untenured lateral).


*Darren Rosenblum (corporate, international business transactions) from Pace University to McGill University.


*Robert Schapiro (civil procedure, constitutional law, federal courts) from Emory University to the University of San Diego (to become Dean).


*Sarah Schindler (land use, property, local government law) from the University of Maine to the University of Denver (effective January 2021).


*Jessica Silbey (intellectual property, law & society) from Northeastern University to Boston University (effective January 2021).


*Etienne Toussaint (contracts, corporate, commercial law) from the University of the District of Columbia to the University of South Carolina (untenured lateral).


*Robert Tsai (constitutional law, legal history) from American University to Boston University (effective January 2021).


*Kristen Underhill (health law and policy) from Columbia University (untenured) to Cornell University (with tenure).

Posted by Brian Leiter on January 16, 2021 in Faculty News | Permalink

January 15, 2021

Violation of academic freedom at UIC John Marshall Law School


Last month, we noted UIC John Marshall Dean Darby Dickerson's suggestion "that law schools should be 'transformed' into 'anti-racist institutions' [as distinct from being non-racist ones that comply with equal opportunity laws]," observing that it "would portend a massive violation of the academic freedom of all faculty (for example)."   Alas, this proved more prophetic than we realized.

Professor Jason Kilborn gave a civil procedure exam last month involving an employment discrimination hypothetical, in which one worker used racist and sexist epithets.   As the petition denouncing Professor Kilborn reports:

The question at-issue contained a racial pejorative summarized as follows: “‘n____’and ‘b____’ (profane expressions for African Americans and women).” The fact pattern involved an employment discrimination case where the call of the question was whether or not the information found was work product.

Just to be clear:   the exam neither used nor mentioned the actual offending words, just the first letters of those words followed by the underline, as quoted above.  Professor Kilborn has actually used variations on this hypothetical, with the n- and b-words (as above), for a decade without any incident!

Rather than use this occasion to educate the students about what is and is not a valid complaint about an exam, Dean Dickerson apologized (!) to the students and, according to Professor Kilborn, moved immediately to sanction him.  According to Professor Kilborn, he was--without due process or notice--"placed on indefinite administrative leave, all my classes cancelled hours before one was set to meet for the first time, my committee memberships cancelled (including University Promotion & Tenure, to which I was unanimously elected by my faculty peers), and I’m barred from campus.  No explanation of what behavior warrants this flagrant violation of university procedure and basic fairness."

Professor Kilborn's exam hypothetical was clearly proper, and well within his academic freedom as a teacher to use.   But to make matters worse, Professor Kilborn has been sanctioned without any due process, despite being a tenured member of the faculty.  The AAUP and FIRE are likely to get involved in this case, and rightly so.

UPDATE (1/15/21):   Professor Kilborn has written to me a bit before 4:30 pm CST as follows:

I’ve just learned my suspension has been a huge failure of communication from the university to me.  While the battle over the exam language continues, it turns out I was actively misled into believing my suspension was related to that language.

On Thursday, January 7, I voluntarily agreed to talk to one of the Black Law Students Association members who had advanced this petition against me.  Around hour 1 or 1.5 of a 4-hour Zoom call that I endured from 5:00 pm to 9:00 pm with this young man, he asked me to speculate as to why the dean had not sent me BLSA’s attack letter, and I flippantly responded, “I suspect she’s afraid if I saw the horrible things said about me in that letter I would become homicidal.”  Conversation continued without a hitch for 2.5 or 3 more hours, and we concluded amicably with a promise to talk more later.

He apparently turned around and reported that I was a homicidal threat.  Our university’s Behavioral Threat Assessment Team convened, with no evidence of who I am at all, and recommended to my dean that I be placed on administrative leave and barred from campus.  Mind you, we here at UIC are on a pandemic-related lockout, so NONE of our courses is conducted on campus, and I had no plan to come anywhere near campus for at least the next two weeks, until state authorities give us to go-ahead to return to campus.  Nonetheless, having full discretion to implement or reject that recommendation, and knowing me fairly well, having worked with me quite a bit for the past four years, my dean decided that I was, indeed, a homicidal threat … and that’s where my earlier story picks up.  She summoned me to a Zoom meeting at 8:30 am on Monday morning, and while both orally and in writing she attributed this action to complaints of “possible violations of University policies, including the nondiscrimination statement,” she REFUSED to reveal to me why I been placed on admin leave and barred from campus, with all of my classes for the entire semester cancelled immediately.  The Office of Access and Equity, who oddly is in charge of threat assessment issues, also failed to inform me for FOUR FULL DAYS, all while I bombarded them with emails concerning my objections to being placed on leave with no hearing in connection with discrimination complaints relating to my exam.  They told me only midway into our short Zoom call at about 3:10 pm today.

The discrimination complaints about my exam, my dean’s support of those complaints, and the OAE’s investigation of potential action against me on that separate basis is proceeding.  The outrage that has been expressed about that whole debacle can and should continue, but as it turns out, I have not YET been suspended summarily on the basis of that exam question.

I’m sorry I was unaware and was led to believe the suspension was a result of the exam/discrimination complaints, and no one disabused me of this until just a few minutes ago. 

While there is still no grounds for investigating Professor Kilborn, or apologizing for his exam, it is clear that Dean Dickerson did not act improperly with regard to the suspension.  I apologize to Dean Dickerson for my reliance on Professor Kilborn's reports about the sanctions.

Posted by Brian Leiter on January 15, 2021 in Faculty News, Legal Profession, Of Academic Interest, Professional Advice | Permalink

January 12, 2021

A statement by law school Deans about last week's events at the Capitol

A fine statement.

Posted by Brian Leiter on January 12, 2021 in Legal Profession, Of Academic Interest | Permalink

In Memoriam: Deborah L. Rhode (1952-2021)


A leading scholar of legal ethics and the legal profession, as well as gender and the law, Professor Rhode spent her academic career at Stanford Law School.  I will add links to memorial notices as they appear.

UPDATE:  The Stanford memorial notice is here.

Posted by Brian Leiter on January 12, 2021 in Memorial Notices | Permalink

January 11, 2021

Ratio of median debt of law school graduates to their median income

Another interesting study from Professor Derek Muller (Iowa).

Posted by Brian Leiter on January 11, 2021 in Legal Profession, Rankings | Permalink

January 10, 2021

In Memoriam: David Dolinko (1948-2020)


Emeritus at UCLA, where he spent his entire career (and earned both his J.D. and Ph.D. in philosophy), Professor Dolinko was an important contributor to criminal law theory and many topics in substantive criminal law and procedure.  Professor Dolinko succumbed yesterday to COVID.

I will add links to memorial notices when they appear.

UPDATE:   The UCLA memorial notice.

Posted by Brian Leiter on January 10, 2021 in Memorial Notices | Permalink

January 8, 2021

Dickerson Fellowship at the University of Chicago Law School

Applications are open.

Posted by Brian Leiter on January 8, 2021 in Advice for Academic Job Seekers | Permalink

January 5, 2021

This didn't age well

Image may contain: 1 person, text that says 'Adrian Vermeule @Vermeullarmine If Biden wins there will not be a right-wing version of #Resistance. Since 1789 the right side of the Assembly believes, deep down, that its losses are entirely legitimate, whereas the left believes, deep down, that its own losses are a betrayal of the constitutional order. 1:09 PM 02 Aug 20 Twitter for iPhone 287 Retweets and comments 825 Likes'

Posted by Brian Leiter on January 5, 2021 in Law Professors Saying Dumb Things | Permalink

January 4, 2021

How have law schools been teaching?

More than half are offering in-person classes, at least partially, while roughly 40% are fully online.

Posted by Brian Leiter on January 4, 2021 in Legal Profession, Of Academic Interest | Permalink