April 03, 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).
*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).
*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.
*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.
*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.
*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).
*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.
*Kyle Langvardt (First Amendment, contracts, law & technology) from the University of Detroit Mercy to the University of Nebraska, Lincoln.
*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.
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.)
March 05, 2020
February 27, 2020
This "survey" has been making the rounds, despite being obviously meaningless: it is based on a survey of 96 "faculty and staff" in the U.S. and Canada. Only 96! There are some 8,000 law faculty in the United States alone, and I would guess that the 16 law schools in Canada have another 800-1,000 academic staff as well.
February 05, 2020
We recently noted an open letter regarding irregularities in Professor Leshem's tenure review, which is the subject of on-going litigation. Here is Professor Leshem's most recent brief in the legal case: Download Opening Brief Leshem (highlights added)
And here is USC's response: Download 200204 Respondent's Brief dtd 2-4-20
January 27, 2020
Surprisingly large number of law professors believe in God and are religious compared to other highly educated academics
That isn't the takeaway emphasized by the Blog Emperor or the study's author, but it's surely what must leap out at any person knowledgeable about the academy. For example, more than 50% of law professors generally believe in God or a "higher power" (21% are absolutely certain that God exists), while only 24% are atheists. By contrast, 73% of academic philosophers are atheists (CORRECTED: I linked to the wrong data first time around). Similarly, 92% of the members of the National Academy of Sciences (NAS) are atheists. Admittedly, NAS members are the most distinguished and accomplished scientists, so a fairer comparison would be something like religious belief among the most elite and distinguished legal academics. Would that approach the 92% figure? An interesting question!
January 22, 2020
The letter is here, and includes many prominent signatories (the letter is accepting more signatories as well). The case concerns Shmuel Leshem, who was denied tenure in 2013; the controversy concerns the solicitation and use of confidential journal referee reports as part of the tenure process. I would agree, for the reasons given in the letter, that that is not a proper use of such referee reports. I do not know what role they played in the adverse tenure decision at USC, but the fact that they were even solicited and considered is surprising.
January 07, 2020
A pleasingly candid account of one scholar's experience, by Tess Wilkinson-Ryan (Penn). When I visited at Chicago in Autumn 2006, my kids were 10, 7 and 4, and they, and my wife (who was practicing law in Austin), stayed in Austin, and I commuted roughly every other week back to Austin. (My father lived nearby in Austin, which sure helped in this situation!) It was an ordeal, but the nice thing about the quarter system is it was a short-lived ordeal.