September 30, 2020
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.
*Robin Kundis Craig (environmental law, water law) from the University of Utah to the University of Southern California.
*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.
*Kristin Johnson (financial regulation, securities regulation) from Tulane University to Emory University (effective January 2021).
*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.
*D. Theodore Rave (civil procedure, constitutional law, election law) from the University of Houston to the University of Texas, Austin.
*Darren Rosenblum (corporate, international business transactions) from Pace University to McGill University.
*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).
*Robert Tsai (constitutional law, legal history) from American University to Boston University (effective January 2021).
September 26, 2020
Harvard's Noah Feldman thinks his friends and former co-clerks are "brilliant" and should be on SCOTUS
That's the short version, I think. (I could count on one hand the number of "brilliant" people I've met in the legal academy, but maybe I don't use it in the hyberbolic way Yale graduates do!) Joking aside, there's no doubt Judge Amy Coney Barrett is a smart and capable lawyer. But Professor Feldman knows as well as I do that those are a dime a dozen, and that the only reason she was chosen from among the many dozens was because she is a religious conservative whom religious conservatives expect will exercise her inevitable discretion in a way congenial to their moral and political objectives. Why not educate the public about what the Supreme Court really does and why the moral and political views of the nominees matter, instead of offering up misleading bromides like she "will analyze and decide cases in good faith, applying the jurisprudential principles to which she is committed"? All judges who act in good faith and with adherence to their "principles" will nonetheless have to make moral and political choices on the Supreme Court. Once we get over that low bar of acting in good faith in accordance with "principles," the real question is what will the nominee's moral and political choices be?
September 19, 2020
Toronto Law scuttles search after sitting judge (and major donor) criticizes the final candidate on political grounds
MOVING TO FRONT FROM SEPTEMBER 17--UPDATED
What an embarrassment. If these allegations are borne out, the Dean of the Law School there will have to resign.
UPDATE: The University of Toronto's Students' Law Society has written a public letter to the Dean. And various faculty, at Toronto and elsewhere, have apprently called for an ethics investigtion of the judge who allegedly interjected himself into the search: e.g, Download Ethics complaint CJC-20-09-17 (003).
AND STILL MORE:
Today’s press now reports [paywall] that ‘In a written statement to what he described as the ‘faculty of law community’… Edward Iacobucci [Dean of the Law School] did not deny that a Tax Court Judge contacted the administration to express concerns about the candidate, Valentina Azarova.’
...A law dean did not deny published reports that a sitting judge attempted to influence a University hiring decision. Presumably, then, he also did not deny that a judge had found out, or was told, who was on that short list? (Even the University of Toronto law school is not yet required to get pre-clearance from the judiciary.) And, presumably, if ‘contact’ was made, it was made with someone. So who was listening (reluctantly? anxiously? eagerly?) to the judge’s ‘concerns’? It was not the faculty members of the Advisory Board. They resigned in protest.
SEPTEMBER 19 UPDATE: The media is now reporting internal e-mails that contradict the Dean's public assertions about this case. What a mess.
September 15, 2020
...as measured by the number of faculty from the 2006-07 academic year that were subsequently hired by a top 18 law school (i.e., Berkeley, Chicago, Columbia, Cornell, Duke, Georgetown, Harvard, Michigan, Northwestern, NYU, Penn, Stanford, Texas, UCLA, USC, Vanderbilt, Virginia, Yale). This is a propos the discussion I had with Orin Kerr noted the other day. I excluded here top 25ish law schools, which are regularly schools that the top 18 try to raid. I happened to have a 2006-07 AALS Directory handy, which is why I chose that year to study. I list below the schools that had at least two faculty who moved on; please e-mail me with additions or corrections:
1. Florida State University (5) (Craig to USC, Galle to Georgetown, Klick to Penn, Rossi to Vanderbilt, Ruhl to Vanderbilt)
2. Brooklyn Law School (4) (Cheng to Vanderbilt, Hunter to Georgetown, Schwartz to Berkeley, Serkin to Vanderbilt)
2. Cardozo Law School/Yeshiva University (4) (Beebe to NYU, Crane to Michigan, Lemos to Duke, Stack to Vanderbilt)
2. University of San Diego (4) (Law to Virginia, Partnoy to Berkeley, Prakash to Virginia, Rodriguez to Northwestern)
5. Fordham University (3) (Fisch to Penn, Katyal to Berkeley, Treanor to Georgetown)
6. New York Law School (2) (Gordon-Reed to Harvard, Rostain to Georgetown)
6. University of Alabama (2) (Geis to Virginia, Pardo to Georgetown)
6. University of Arizona (2) (Adelman to Texas, Marcus to UCLA)
6. University of Colorado, Boulder (2) (Bowen to Virginia [now Dean at GW], Ohm to Georgetown)
6. University of Connecticut, Hartford (2) (Baker to Penn, Mason to Virginia)
September 02, 2020
MOVING TO FRONT FOR LAST TIME--ORIGINALLY POSTED AUGUST 12
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 email@example.com to get a copy of the narrative profiles of our candidates, including hyperlinks to their homepages. All these candidates (with one exception) are in the first FAR distribution.
We have an excellent group of ten candidates this year (six alumni, three Bigelows, and one Dickerson Fellow), who cover many curricular areas including legal profession/professional responsibility, constitutional law, corporate law and finance, contracts, health law, food law, administrative law, legislation, torts, immigration law, criminal law, criminal procedure, comparative law, financial regulation, tax law (including corporate and partnership law), First Amendment, evidence, Indian law (both Federal and Tribal), federal courts, race & the law, civil procedure, law & economics, empirical legal studies, law & technology, civil rights, energy law, legal history, and international law. Our candidates include former federal appellate clerks; Law Review editors; JD/PhDs in History, Economics, Health Policy & Management and Political Science; current Fellows and VAPs, 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 31, 2020
August 26, 2020
Yale law professor Jed Rubenfeld suspended for two years as outcome of sexual harassment investigation
Story here; an excerpt:
On Monday morning, members of the Yale Law School faculty received a terse message from their provost informing them that Professor Jed Rubenfeld “will leave his position as a member of the YLS faculty for a two-year period, effective immediately,” and that upon his return, Rubenfeld would be barred from teaching “small group or required courses. He will be restricted in social gatherings with students.” As of Tuesday morning, he was no longer listed on the Yale Law faculty site.
Three people familiar with the investigation that led to Rubenfeld’s suspension said it stemmed from the university finding a pattern of sexual harassment of several students. The allegations, which spanned decades, included verbal harassment, unwanted touching, and attempted kissing, both in the classroom and at parties at Rubenfeld’s home.
In a phone conversation Tuesday, Rubenfeld told me, “I absolutely, unequivocally, 100 percent deny that I ever sexually harassed anyone, whether verbally or otherwise. Yes, I’ve said stupid things that I regret over the course of my 30 years as professor, and no professor who’s taught as long as I have that I know doesn’t have things that they regret that they said.”
It is striking that he's been erased from the website. I wonder whether he will be returning in two years as a member of the tenured faculty; it is unclear from the news report.
August 25, 2020
MOVING TO FRONT FROM AUGUST 20--UPDATED
...with only 297 candidates, down from just under 400 last year. That's good news, given that there are also fewer jobs. The new format, however, is a bit harder to search than last year's. Last year, for example, it was quite easy to search by subjects a candidate was interested in.
ADDENDUM: Unless I'm missing something (and I may be, given my technical ineptitude), a school needing a contracts professor can't search the 297 candidates to find those interested in teaching contracts! E-mail me if I'm wrong. I find it hard to believe they could have reduced the search functionality of the website so dramatically.
CORRECTION: Thanks to Professor Lawsky, I can report that the first FAR last year had 334 candidates, not "just under 400" (which was more like the final tally after all distributions).
UPDATE: Professor Jamie Macleod (Brooklyn) helpfully explains how to search by subjects taught:
- When viewing the long list of applicants unfiltered, click “Filter”.
- At the bottom right corner of the drop-down box that appears, click “Filter by Form Responses”.
- In the new window that appears, click “Select Form”à”Position Sought and Teaching Preferences”.
- I’m guessing the rest is self-explanatory. But do note that you can then click “Save” and name the filtered view you create, then return to that filtered view later by clicking “Saved Views” (which is next to the “Filter” button).