Wednesday, August 18, 2021

Ten lateral faculty moves that made law professors take notice during 2020-21

Based on my in-box and conversations with others, these were the ten moves that transpired this year that were thought to be the biggest hiring coups (I omit any lateral moves that won't officially happen until 2022):

 

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

 

*Curtis A. Bradley (international law, foreign affairs law, federal courts) from Duke University to the University of Chicago.

 

*Jennifer Chacon (immimgration law, constitutional law, criminal law & procedure) from the University of California, Los Angeles to the University of California, Berkeley.

 

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

 

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

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August 18, 2021 in Faculty News, Rankings | Permalink

Tuesday, August 17, 2021

Standards Committee ignores critics, and does what it wants

What an embarrassment.  (Criticisms of the proposed changes available here including from all the Sterling Professors at Yale Law School, as well as David Bernstein [George Mason], Eric Biber [Berkeley], Thomas Gallanis [Iowa], Alan Z. Rozenshtein [Minnesota], and Steven Davidsoff Solomon [Berkeley], among others--direct link to all comments here.)  The Committee has obviously been captured by special interests, who are more concerned with posturing than the costs it is imposing on law schools.  If this wasteful and ill-considered proposal is to be stopped, it will have to be at the next stages.

ADDENDUM:  Twitter commentary from Professors Jonathan Adler (Case Western) and David Hoffman (Penn).  (UPDATE:  Prof. Hoffman emails to tell me his tweets auto-delete after only a day, so his comment is no longer there.  My tweets auto-delete after a couple of months [2 or 3 months, I can't now remember how I set it], but after 24 hours is a new record!)

ANOTHER:   Everyone's favorite Twitter buffoon thinks that anyone skeptical about the ABA proposals must not be serious about "racism in legal education."  I hope the Sterling Professors at Yale will take note, not to mention his colleague Professor Rozenshtein!

August 17, 2021 in Legal Profession | Permalink

Friday, August 13, 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.  This is the final iteration of the list for the 2020-21 laterals season.

 

*Atinuke Adediran (legal profession, law & social science) from Boston College to Fordham University (untenured lateral).

 

*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).

 

*Alena Allen (health law, torts, feminist legal theory) from University of Memphis to University of Arkansas, Fayetteville.

 

*Kate Andrias (labor, administrative & constitutional law) from the University of Michigan, Ann Arbor to Columbia University.

 

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

 

*Jordan Barry (corporate & securities law, tax, law & economics) from the University of San Diego to the University of Southern California.

 

*Susan Bisom-Rapp (international and comparative employment law, labor law, employment discrimination) from Thomas Jefferson School of Law to California Western School of Law.
*Maggie Blackhawk (legislation, constitutional law, federal Indian law) from the University of Pennsylvania to New York University.

 

*Curtis A. Bradley (international law, foreign affairs law, federal courts) from Duke University to the University of Chicago.

 

*Sara Bronin (property, land use, historic preservation, energy law) from the University of Connecticut to Cornell University (College of Architecture, Art & Planning, and Assocated Faculty in the Law School).

 

*John R. Brooks (tax law & policy) from Georgetown University to Fordham University (starting fall 2022).

 

*Jay Butler (international business transactions, corporate law) from the College of William & Mary to the University of Virginia.

 

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

 

*Jennifer Chacon (immimgration law, constitutional law, criminal law & procedure) from the University of California, Los Angeles to the University of California, Berkeley.

 

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

 

*Vincent Chiao (criminal law & procedure, legal theory, political philosophy) from the University of Toronto to the University of Richmond.

 

*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.

 

*Amy Cohen (ADR, mediation, property, law & development) from Ohio State University to Temple University.

 

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

 

*Colin Crawford (environmental law, land use) from the University of Louisville (where he is Dean) to Golden Gate University (to become Dean).

 

*John Czarnetzky (bankruptcy, corporate) from the University of Mississippi to Ave Maria School of Law (to become Dean).

 

*Meera Deo (legal education, race & law, law & society) from Thomas Jefferson Law School to Southwestern School of Law.

 

*Darby Dickerson (legal writing) from UIC John Marshall Law School (where she is Dean) to Southwestern Law School (to become Dean).

 

*Stephanie Holmes Didwania (criminal law & procedure, intellectual property, empirical legal studies, law & economics) from Temple University to University of Wisconsin, Madison (untenured lateral).

 

*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.

 

*Lisa Fairfax (corporate, securities) from George Washington University to the University of Pennsylvania.

 

*Roger A. Fairfax, Jr. (criminal law & procedure, criminal justice administration) from George Washington University to American University (to become Dean).

 

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

 

*Pamela Foohey (bankruptcy, commercial law, consumer law) from Indiana University, Bloomington to Cardozo Law School/Yeshiva University.

 

*Cynthia Fountaine (civil rights, civil procedure, federal courts) from Southern Illinois University, Carbondale to the University of North Texas.

 

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

 

*César Cuauhtémoc García Hernández (criminal law, immigration law) from the University of Denver to Ohio State University.

 

*Jonathan Glater (education law & policy, disability law) from the University of California, Los Angeles to the University of California, Berkeley.

 

*Kevin Greene (intellectual property, entertainment law) from Thomas Jefferson School f Law to Southwestern Law School (effective January 2021).

 

*Linda Greene (constitutional law, civil rights, sports law) from the University of Wisconsin, Madison to Michigan State University (to become Dean).

 

*Caleb Griffin (corporate law, contracts) from Belmont University to University of Arkansas, Fayetteville (untenured lateral).

 

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

 

*Jasmine E. Harris (law & inequality, disability law, evidence) from the University of California, Davis to the University of Pennsylvania.

 

*Ran Hirschl (comparative constitutional law) from the University of Toronto to the University of Texas, Austin (joint with Government Department).

 

*Darren Hutchinson (civil rights, law & inequality, critical race theory) from the University of Florida, Gainesville to Emory University.

 

*Lolita Buckner Inniss (legal history, gender & law, critical race theory) from Southern Methodist University to the University of Colorado, Boulder (to become Dean).

 

*Jason Iuliano (contracts, commercial law, consumer law) from Villanova University to the University of Utah (untenured lateral).

 

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

 

*Jamila Jefferson-Jones (property, real estate transactions, housing law) from the University of Missouri-Kansas City to Wayne State University.  

 

*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).

 

*Melvin Kelley (property, fair housing, critical race theory) from Villanova University to Northeastern University (untenured lateral).

 

*Madhav Khosla (Indian constitutional law, comparative constitutional law) from Ashoka University (India) to Columbia University (untenured lateral, effective January 1, 2022).

 

*Nancy Kim (law & technology, contracts, commercial law) from California Western School of Law to Chicago-Kent College of Law/Illinois Institute of Technology.

 

*Ariel Jurow Kleiman (tax) from the University of San Diego to Loyola Law School, Los Angeles.

 

*Craig Konnoth (health law, law & sexuality) from the University of Colorado, Boulder to the University of Virginia.

 

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

 

*Anita Krishnakumar (legislation and statutory interpretation) from St. John's University to Georgetown University.

 

*Guha Krishnamurthi (criminal law & procedure, constitutional law, jurisprudence) from South Texas College of Law to the University of Oklahoma, Norman (untenured lateral).

 

*Margaret Kwoka (administrative law, civil procedure, federal courts) from the University of Denver to Ohio State University.

 

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

 

*Stacy Leeds (Federal Indian law) from the University of Arkansas, Fayetteville to Arizona State University (effective January 2021).

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August 13, 2021 in Faculty News | Permalink

Thursday, August 12, 2021

In Memoriam: Arnold Loewy (1940-2021)

A well-known expert in criminal law and procedure, Professor Loewy spent nearly forty year on the law faculty at the University of North Carolina, Chapel Hill, before retiring and taking up a chair in the law school at Texas Tech University.  There is an obituary here.

(Thanks to Wayne Logan for the pointer.)

August 12, 2021 in Memorial Notices | Permalink

Monday, August 9, 2021

Citation counts vary by field

Since Professor Sisk and colleagues at the University of St. Thomas are putting the finishing touches on their study of scholarly impact for the period 2016-2020, I thought I'd call attention to an important fact about interpreting citation data:  namely, that citation rates vary quite a bit by field.   One can see all the subject-specific citation lists for the last Sisk study (2013-2017) here.   Of the ten most-cited faculty in the U.S. in the last Sisk study, only one did not work at least in part in a public law area.   Indeed, constitutional and public law are the most high-citation fields, although corporate, law & economics, criminal law & procedure, and intellectual property also get cited a lot.  By contrast, tax, evidence, and legal ethics, among others, are low-citation fields.   300 cites in a five-year period will get you into the top five in tax, but not anywhere close to the top 20 in constitutional law (maybe the top 50?).

Here's the fields ranked from highest to lowest citations based on the sum of the cites for the scholar ranked #5 and #10 on the lists in the various specialties (those totals follow in parentheses)

1.  Constitutional law (1480; 1205=2685)

2.  Public law (excluding constitutional law) (740; 615=1355)

3.  Corporate Law & Securities Regulation (735; 600=1335)

4.  Law & Economics (840; 480=1320)

5.  Criminal Law & Procedure (690; 510=1200)

6.  Intellectual Property (625; 545=1170)

7.  Critical Theories of Law (580; 455=1035)

7.  Law & Social Science (580; 425=1005)

9. International Law (510; 445=955)

10.  Election Law (650; 225=875)

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August 9, 2021 | Permalink

Thursday, August 5, 2021

Wall Street Journal law school analysis overlooks increased diversity and lower interest rates (Michael Simkovic)

In my last post, I discussed problems with WSJ coverage of law schools. In particular the WSJ has effectively faulted law schools for broad, national declines in employment that are most likely due to macroeconomic conditions such as the financial crisis of 2007-2009 and its aftermath, to COVID, and to other broad secular trends in labor markets, not to declines specific to law graduates or the legal profession.  In challenging economic climates, although law graduates suffer along with others, they continue to do better than most, primarily because they are more highly educated.

There are additional attribution problems with the WSJ's recent coverage.  

The WSJ claims that the real value of a law degree has declined over an extended period of time and cites slow growth in lawyer starting salaries.  This is problematic for several reasons. As the analysis below explains, it is almost certainly the case that over the last 20 years, the lifetime present value of legal education has dramatically increased.  This is particularly obvious when one controls for the changing demographics of law graduates, as one should to assess the value added by law schools.  However, the increase in lifetime value of legal educaiton is largely because of lower interest rates.  Smaller contributions have been made by improvements in legal education.  Those improvements appear to have done more to broaden access for more diverse students than to increase value for students fitting demographics that were more prevalent a few decades ago (i.e., white male students from upper middle class backgrounds with high-quality K-12 and undergraduate educations).

Overview:

  • How should we calculate the "economic value of a law degree"?
  • Earnings premiums should control for changing demographics
  • Falling Interest rates have dramatically increased the lifetime value of a law degree
  • Even small percentage increases in lifetime value can offset large percentage increases in tuition
  • Student loan default rates are declining nationally, and are much lower for law graduates than overall

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August 5, 2021 in Guest Blogger: Michael Simkovic | Permalink

Tuesday, August 3, 2021

Wall Street Journal blames law schools for COVID economy (Michael Simkovic)

In 2010 to 2013, the Wall Street Journal effectively blamed law schools for the economic fallout of the financial crisis and the Great Recession.  In particular, the recession caused a large reduction in employment which hit young and inexperienced workers across the economy. 

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August 3, 2021 in Guest Blogger: Michael Simkovic | Permalink

Friday, July 30, 2021

New Facebook group for those interested in "Experimental Jurisprudence"

Here.

(Thanks to Roseanna Sommers [Michigan] for calling this to my attention on Twitter.)

July 30, 2021 in Jurisprudence, Of Academic Interest | Permalink

Richard Painter: "either dishonest or blinded by righteousness" (updated)

That was Penn lawprof Jonathan Klick's apt assessment (noted earlier this week) based on his own experience of having Painter "Twitter shit" on him and his work.  Based on recent events, I will go with "dishonest."  Fear not, dear readers, I do not plan on regularly reporting on the unhinged Twitter behavior of this character, but the latest incident is so stunning and sleazy it deserves notice, but below the fold and only for those interested.

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July 30, 2021 in Richard W. Painter | Permalink

Monday, July 26, 2021

Do academic norms and politics mix? The case of Richard W. Painter (UPDATED AGAIN, 7/30)

Prior to last week, I'd never had (to my recollection) any interaction with Professor Richard Painter of the University of Minnesota, a moderately well-known expert on corporate law and legal ethics.  As some readers will recall, Professor Painter had the dubious distinction of agreeing to serve as the White House ethics lawyer for George W. Bush in 2005-2007 (i.e., after the unlawful war of aggression against Iraq).   But in more recent years, he's been on the side of the angels, crusading against corruption in the Trump Administration.  In 2018, he entered electoral politics, running against the incumbent Senator Smith in Minnesota in the primary, albeit losing by a large margin.

For reasons unknown to me, on July 22, Professor Painter called attention to a blog post of mine from February of this year regarding the controversy over Professor Mark Ramseyer's revisionist view of Japan's use of "comfort women" during WWII, which appeared in the peer-reviewed International Review of Law & Economics.  Professor Ramseyer's article has been subjected to severe criticism by other scholars.  That is how academic life and academic freedom works:   scholars get to publish their views, and other scholars get to respond.  Scholars also get to be wrong, including seriously wrong.  The hard question raised by L'Affaire Ramseyer is how, consistent with academic freedom and scholarly norms, we make decisions to retract after peer-reviewed publication.  My view, expressed in the earlier post, is that the standard for retraction should be intentional wrongdoing, such as fraud.  (Plagiarism, intentional or otherwise, should also be grounds for retraction as well, since it can be clearly established in any case that warrants retraction.)  The reason is fairly obvious:  every scholarly dispute could be turned into a demand for retraction absent the higher bar I propose. And in that world, publication after peer review would not mean very much.

In any case, Professor Painter was livid, not only at the "shocking arrogance" of one of the editors of the journal that published Ramseyer's article (Penn's Jonathan Klick), but at law & economics scholars and game theorists generally (and again)!  He declared that the editor who accepted Ramseyer's article must be a "sick puppy."  Professor Painter pronounced that, "Neither Leiter nor Klick knows what he's talking about. Academic articles with demonstrably false claims are retracted by reputable journals."   He cited no examples, which is not surprising:  outside of articles involving mathematical or calculation mistakes, almost all cases of retraction I have seen involve intentional wrongdoing by the authors (e.g., fabricating evidence or data) or plagiarism.  In addition, very few of the specific claims in Professor Ramseyer's article are "demonstrably false," although the critique linked above raises serious doubts about several of them, about his overall thesis, and about the quality of the scholarship (most of the critiques pertain to the interpretation of evidence, the omission of evidence, cherry-picking evidence, and not to falsehoods per se).  If we credit all the claims of the critics (at this stage, I see no reason not to), Professor Ramseyer's use of evidence was selective, and occasionally quite unreliable; and his citation practices were poor.   These are serious criticisms, but they do not add up to a case for retraction of the article after it passed peer-review:  they warrant published replies and perhaps an erratum for one or two claims that seem clearly misleading given the evidence (e.g., the apparently false claim that the girl Osaki was not deceived by recruiters).  If the criticisms survive scrutiny, Professor Ramseyer's reputation and that of the journal will suffer. 

I had a bit of Twitter back-and-forth with Professor Painter about this on Friday evening July 23, but when it became clear he wasn't being remotely serious (he was even chided by Professor Garrett Epps (Baltimore) for his mocking me as a quote-unquote-moral philosopher), I said "good night" and invited him to get in touch if he wanted to have a serious debate about the norms governing retraction of peer-reviewed articles.  He did not take me up on that offer.

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July 26, 2021 in Richard W. Painter | Permalink