Monday, 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.

Continue reading

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

Friday, October 7, 2022

"Alf Ross's Critique of American Legal Realism--and a Naturalistic Critique of Ross"

This draft paper (for a conference on Scandinaivan Legal Realism later this month at York) may interest some readers; the abstract:

The new edition (by Jakob Holtermann and Uta Bindreiter) of Alf Ross’s seminal work ON LAW AND JUSTICE presents an opportunity to reevaluate Ross’s contribution to a naturalistic jurisprudence, as well as the relation of Scandinavian to American Legal Realism. I show that Ross rejects both of the main forms of American Legal Realism (Frank’s “idiosyncrasy” wing, and Llewellyn’s “sociological” wing), thus confirming, as I have argued previously, that Scandinavian and American Legal Realism have almost nothing in common. I also argue, however, that Ross’s commitment to (1) verificationism, and (2) the “Kelsenian dogma” that laws are directives to judges, creates serious problems for his naturalistic theory of law, ones that H.L.A. Hart’s theory (even allowing for Hart’s mistakes about Ross’s view) can avoid while still satisfying the generic naturalistic demand not to invoke entities or explanations inconsistent with the empirical sciences.

October 7, 2022 in Jurisprudence | Permalink

Thursday, October 6, 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

Wednesday, October 5, 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

Tuesday, October 4, 2022

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

Here.

(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

Monday, October 3, 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

Thursday, September 29, 2022

Lawsky's (final) entry level hiring report for 2022

Here (earlier version).   118 tenure-track hires last year, at 75 schools!  That's the highest number in a decade, although still short of the 150+ figure most years prior to the Great Recession.

September 29, 2022 in Advice for Academic Job Seekers, Faculty News, Of Academic Interest | Permalink

Wednesday, September 28, 2022

Florida lawyers take position in court that public university faculty curricula and classroom speech are "government speech," so regulable by state

Those thinking about taking jobs in the Florida public university system will want to watch this case.  If it makes it to SCOTUS, we may find out if Garcetti extends to faculty at public universities; if it does that will be the end of academic freedom at public universities.

September 28, 2022 in Advice for Academic Job Seekers, Of Academic Interest, Professional Advice | Permalink

Tuesday, September 27, 2022

Some very odd behavior by student editors at the Iowa Law Review

Lawprof Ramsi Woodcock (Kentucky) reports his experience.  Short version:  he was late turning in the final version of his article, so the Law Review insisted they would publish the earlier version, over his objections!   There are other twists and turns in this saga, but the student editors did not handle the situation properly. They can certainly reject an article that is not revised by the deadline, but they have no right to publish something the author does not want published.

UPDATE:  On Twitter, Professor Kerr (Berkeley) comes to the defense of the student editors.

September 27, 2022 in Of Academic Interest, Professional Advice, Student Advice | Permalink

Thursday, September 22, 2022

USNews.com compared to other metrics of school quality

MOVING TO FRONT FROM MARCH 30, 2022

Here's the USNews.com "top ten", with other data on these schools.

US News overall rank

School

Overall scholarly impact rank

Scholarly impact rank for faculty under 60

SCOTUS “per capita” placement rank

Academic reputation rank in US News

Avg. rank across all metrics

1

Yale University

1

3

1

3

1.8

2

Stanford University

6

10

3

1

4.4

3

University of Chicago

2

1

2

3

2.2

4

Columbia University

5

9

9

3

6.0

4

Harvard University

3

2

3

1

2.6

6

University of Pennsylvania

8

14

15

8

10.2

7

New York University

4

5

5

3

4.8

8

University of Virginia

9

5

5

8

7.0

9

University of California, Berkeley

6

7

9

7

7.6

10

University of Michigan, Ann Arbor

13

13

5

8

9.8

September 22, 2022 in Rankings | Permalink