October 28, 2022

A new "Creative Commons" license that permits users to "remix, transform, and build upon the material for any purpose, even commercially"

Some academics are concerned; law professors should feel free to weigh in on the discussion in the comments at the link.

October 28, 2022 in Of Academic Interest, Professional Advice | Permalink

October 25, 2022

Is US News an "authoritative" ranking of law schools?

I know this question will make readers of this blog laugh, even as they recognize the pernicious influence the USNews.com rankings have on legal education and the decisions of applicants.   But I was struck when having lunch this past Spring with some talented LLM students from Japan and China that they seemed to assume the answer to the question was "yes."  In a way, that sums up the problem confronted by American legal education.   USNews.com is undoubtedly perceived as authoritative by many students, who lack the knowledge and resources to assess the nonsensical ranking stew (reputation, library resources, expenditures per capita, self-reported employment data and on and on) used by USNews.com. 

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October 25, 2022 in Of Academic Interest, Professional Advice, Rankings | Permalink

October 24, 2022

Judge Ho heading to Yale, at invitation of Dean Gerken

So reports the Blog Emperor.  Judge Ho's threatened boycott sure seems to have gotten Yale's attention!

October 24, 2022 in Of Academic Interest | Permalink

October 13, 2022

Yale Law Dean Gerken shares "message to alumni" on free expression at the law school

Here.   This seems a victory for Judge Ho, despite the controversy about his threatened boycott.

UPDATE:  Correspondence with a colleague at Yale makes me realize an ambiguity in the preceding:  what I thought was a "victory" for Judge Ho's proposed boycott was that Dean Gerken shared this message in public.  Past criticisms from prominent YLS alumni make it clear why the Dean would have been concerned with these issues and would have written to alumni prior to the current brouhaha.

October 13, 2022 in Legal Profession, Of Academic Interest | Permalink

October 11, 2022

Which judges are participating in the Yale law boycott?

A couple of readers have asked whether there is a list of the boycotters.  The only two that appear to be public are Judge Ho of the 5th Circuit and Judge Branch of the 11th Circuit.  One law professor who inquried about this explained:

Since your blog is read by many law profs, I think you should publish the names of judges who have publicly stated they will not hire Yale clerks so that faculty at other places can decide whether they will recommend students to those judges.   One of the advantages of a clerkship is exposure to someone of experience who can model good decision-making and convey an appropriate sense of how a judge comports him/herself and takes on hard questions in our system.  A faculty member could well come to the view that a particular judge would not provide a good life-learning experience for a would-be clerk and a boycotting announcement could well figure in such a determination.

I guess I would be disinclined to encourage a boycott of the boycotting judges, as it were.   Still, it ought to be a matter of public record (if only for the benefit of Yale students) which federal judges are joining this boycott.  If anyone knows of a list of the other judges participating in this boycott, please post a link in the comments.  Submit the comment only once, it may take awhile to appear.

October 11, 2022 in Legal Profession, Of Academic Interest | Permalink | Comments (0)

October 10, 2022

14 federal judges are now saying they will not hire Yale Law graduates

The Blog Emperor has details.  I think Professor Kerr is correct that this is not appropriate, and I might add that it smacks of unconstitutional viewpoint discrimination, insofar as the judges are promising to punish students who choose Yale because they reject these judges' view of the free speech issues.

The irony, of course, is that there are federal judges who don't hire Yale Law graduates because of the perception that Yale doesn't do a good job teaching the students law.   Judge Posner, who did hire Yale (and Chicago and Harvard) graduates, once recommended one of his former clerks to me as follows:  "He was a very good clerk despite going to Yale."  That was funny, but the implication was obvious, and I've talked to other judges over the years whose skepticism goes farther.  Not hiringg Yale Law grads for this reason is, of course, permissible.

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October 10, 2022 in Legal Profession, Of Academic Interest | Permalink

October 06, 2022

Descendants of Judge Hastings and alumni sue over proposed plan to drop "Hastings" name from the University of California College of Law in San Francisco

Story here.   The primary cause of action appears to be breach of contract.   If that's correct, then it's not clear why it is even relevant whether the allegations about the involvement of Judge Hastings in the murder of Native Americans is relevant (but I have not read the complaint).

October 6, 2022 in Of Academic Interest | Permalink

October 05, 2022

What is the difference between the Warren Court and the Roberts Court?

To read this, one might think it was that the latter, unlike the former, pursues partisan political objectives.  By contrast, I would have thought the difference is that the former pursued worthy and valuable moral and political objectives, while the latter generally does not.  See generally.

It's often said "we're all realists now," but it's not clear that's true of the constitutional law professors quoted in that article.

October 5, 2022 in Jurisprudence, Of Academic Interest | Permalink

October 04, 2022

Leading student-edited law reviews issue statement on new requirements for data and code transparency in empirical legal scholarship


(Thanks to Andrew Granato for the pointer.)

October 4, 2022 in Advice for Academic Job Seekers, Law in Cyberspace, Of Academic Interest, Professional Advice | Permalink

October 03, 2022

Judge Ho of the 5th Circuit calls on other judges to not hire Yale Law graduates...

...given the school's problems with free expression (that we have noted previously).  Professor Kerr (Berkeley) makes the case against  such a move.

October 3, 2022 in Legal Profession, Of Academic Interest | Permalink