June 02, 2020
Amicus brief from law professors in support of Shmuel Leshem in his tenure dispute with Southern California
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.
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).
May 21, 2020
University of Minnesota law professor Parisi wins defamation lawsuit against woman who falsely and maliciously accused him of rape
May 19, 2020
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%!
April 24, 2020
...in various sections, including Law. They are: Tomiko Brown-Nagin (Harvard), R. Alta Charo (Wisconsin), Malcolm Feeley (Berkeley), Jenny Martinez (Dean, Stanford), Jennifer Mnookin (Dean, UCLA), Anne Joseph O'Connell (Stanford), Cristina Rodriguez (Yale) and William Michael Treanor (Dean, Georgetown).
A colleague there tells me the law school has eliminated summer 2020 salaries for tenured faculty, which represents 7-10% of annual compensation for those professors (junior faculty will continue to receive summer salary). That's rather dramatic for a law school regularly in the top 25 in the U.S., and one that is part of a very wealthy parent university (although its wealth, I gather, is tied up heavily with the [top] medical and [the middling] business schools). Have other law schools cut summer salaries? You may post anonymously, but you must include a valid e-mail address (your e-mail address will not appear or be disclosed).
April 02, 2020
[O]ne can imagine an illiberal legalism that is not “conservative” at all, insofar as standard conservatism is content to play defensively within the procedural rules of the liberal order.
This approach should take as its starting point substantive moral [sic] principles that conduce to the common good, principles that officials (including, but by no means limited to, judges) should read into the majestic generalities and ambiguities of the written Constitution. These principles include respect for the authority of rule and of rulers; respect for the hierarchies needed for society to function; solidarity within and among families, social groups, and workers’ unions, trade associations, and professions; appropriate subsidiarity, or respect for the legitimate roles of public bodies and associations at all levels of government and society; and a candid willingness to “legislate morality”—indeed, a recognition that all legislation is necessarily founded on some substantive conception of morality [even wrong ones, apparently!], and that the promotion of morality is a core and legitimate function of authority...
[C]ommon-good constitutionalism does not suffer from a horror of political domination and hierarchy, because it sees that law is parental, a wise teacher and an inculcator of good habits. Just authority in rulers can be exercised for the good of subjects, if necessary even against the subjects’ own perceptions of what is best for them—perceptions that may change over time anyway, as the law teaches, habituates, and re-forms them. Subjects will come to thank the ruler whose legal strictures, possibly experienced at first as coercive, encourage subjects to form more authentic desires for the individual and common goods, better habits, and beliefs that better track and promote communal well-being....
The Court’s jurisprudence on free speech, abortion, sexual liberties, and related matters will prove vulnerable under a regime of common-good constitutionalism. The claim, from the notorious joint opinion in Planned Parenthood v. Casey, that each individual may “define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life” should be not only rejected but stamped as abominable, beyond the realm of the acceptable forever after. So too should the libertarian assumptions central to free-speech law and free-speech ideology—that government is forbidden to judge the quality and moral worth of public speech, that “one man’s vulgarity is another’s lyric,” and so on—fall under the ax. Libertarian conceptions of property rights and economic rights will also have to go, insofar as they bar the state from enforcing duties of community and solidarity in the use and distribution of resources.
One hopes this does not mark the arrival of a "Harvard School" of constitutional fascism!
April 01, 2020
...since she has unnecessarily humiliated a member of her faculty and violated his academic freedom. I don't often agree with Eugene Volokh (UCLA), but I agree with his criticism of the Dean's handling of this situation. (For earlier discussion of these issues, involving another Dean who did not understand his obligations, see here.)