Wednesday, April 29, 2020

"What is a realist theory of law?"

This article of mine is now out in the Journal of Institutional Studies, edited by faculty at the Federal University of Rio de Janeiro, for those who might be interested.  (Most articles in Portuguese, but mine appears in English.  A Spanish translation will also appear this year in Revista Iuris Dictio in Ecuador.)

April 29, 2020 in Jurisprudence | Permalink

Tuesday, April 28, 2020

Congratulations to the Chicago alumni and Fellows who accepted tenure-track teaching positions this year

They are:

Atinuke (Tinu) Adediran, who will join the faculty at Boston College.  She is currently a Dickerson Fellow at the Law School.  She received her J.D. from Columbia University in 2011, where she was a Harlan Fiske Stone Scholar and Notes Editor of the Columbia Journal of Gender and Law.  She was a litigation associate for three years with Cadwalader, Wickersham & Taft in New York City, before enrolling at Northwestern University, where she expects to receive her Ph.D. in Sociology in 2020 with a dissertation on “Theories of Organizations and Institutions in the Delivery of Legal Services.”  Her teaching and research interests include civil procedure, legal profession/professional responsibility, evidence, employment discrimination, and race and the law. 


Travis Crum, who will join the faculty at Washington University, St. Louis.  He is currently a Bigelow Fellow at the Law School.   He received an MSc. in Comparative Politics from the London School of Economics in 2007 and his J.D. from Yale in 2011, where he was Book Reviews & Features Editor of the Yale Law Journal.  He clerked for Judge Myron Thompson of the U.S. District Court in Alabama during 2011-12, then Judge Tatel on the U.S. Court of Appeals for the D.C. Circuit in 2012-13, and then for Justice Kennedy and Retired Justice Stevens of the Supreme Court during 2014-15.  He was a litigation associate at Mayer Brown in Washington, D.C. for two years before coming to the Law School.  His teaching and research interests include election law and voting rights, civil procedure, constitutional law, administrative law, and legislation.  


Meirav Furth-Matzkin, who will join the faculty at the University of California, Los Angeles. She is currently the Olin Fellow in Law & Economics at the Law School.  She received her LL.B. with Highest Honors from the Hebrew University of Jerusalem, and an LL.M. (2015) and S.J.D. in 2019 from Harvard Law School, before coming to the Law School.  She clerked for Justice J. Uzi Vogelman of the Israeli Supreme Court during 2013-14.  Her teaching and research interests include contracts, consumer law, property, law & economics, and empirical legal studies.  

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April 28, 2020 | Permalink

Monday, April 27, 2020

Legal issues raised by COVID-19

This looks to be a useful resource, prepared by faculty (mostly) at Columbia Law School.

April 27, 2020 in Of Academic Interest | Permalink

The realist critique of "formalism" according to Solum

Larry Solum's Legal Theory Lexicon is a useful resource, although I don't always agree with all its entries.  This one on the "realist" critique of formalism is really just a description of the argument in one paper by Felix Cohen.  It's a fine description of the argument in that paper but it is not representative of legal realism.  (On formalism and realism, with reference to Brian Tamanaha's confused and misleading treatment, see also.)

April 27, 2020 in Jurisprudence | Permalink

Friday, April 24, 2020

In Memoriam: Barbara Allen Babcock (1938-2020)

A longtime member of the Stanford faculty, where she taught civil and criminal procedure, Professor Babcock also wrote widely about women  in the legal profession.  The Stanford memorial notice is here.

(Thanks to Paul Caron for the pointer.)

April 24, 2020 in Memorial Notices | Permalink

Eight law professors elected to the American Academy of Arts & Sciences... (CORRECTED) various sections, including Law.  They are:  Tomiko Brown-Nagin (Harvard), R. Alta Charo (Wisconsin), Malcolm Feeley (Berkeley), Jenny Martinez (Dean, Stanford), Jennifer Mnookin (Dean, UCLA), Anne Joseph O'Connell (Stanford), Cristina Rodriguez (Yale) and William Michael Treanor (Dean, Georgetown).

April 24, 2020 in Faculty News | Permalink

Wash U/St. Louis eliminates summer salaries for tenured faculty

A colleague there tells me the law school has eliminated summer 2020 salaries for tenured faculty, which represents 7-10% of annual compensation for those professors (junior faculty will continue to receive summer salary).  That's rather dramatic for a law school regularly in the top 25 in the U.S., and one that is part of a very wealthy parent university (although its wealth, I gather, is tied up heavily with the [top] medical and [the middling] business schools).  Have other law schools cut summer salaries?   You may post anonymously, but you must include a valid e-mail address (your e-mail address will not appear or be disclosed).

April 24, 2020 in Faculty News, Of Academic Interest | Permalink | Comments (1)

Thursday, April 23, 2020

"If liquor stores are essential, why isn't church?"

So ask Michael McConnell (Stanford) and Max Raskin (Adjunct, NYU) in a recent NYT op-ed.  I confess I hadn't expected Professor McConnell to hold the Marxist view that religion is the opium (or liquor) of the people, but that aside, I would have thought the answer was obvious:  people can practice their religion without going to a church or other religious institution; but you can't drink or eat unless you can go to stores to buy things to drink and eat.

April 23, 2020 in Legal Humor, Of Academic Interest | Permalink

Wednesday, April 22, 2020

In Memoriam: Joel Reidenberg (1961-2020)

A longtime member of the Fordham Law faculty, Professor Reidenberg was well-known for his work on data and privacy law, work that was foundational for the whole field of Internet law.  The Fordham memorial notice is here.

(Thanks to Ethan Leib for letting me know about Professor Reidenberg's passing.)

April 22, 2020 in Memorial Notices | Permalink

Tuesday, April 21, 2020

Ten best corporate/securities articles of 2019...

...from Corporate Practice Commentator (thanks to Robert Thompson for sharing this):

The Top 10 Corporate and Securities Articles of 2019

The Corporate Practice Commentator is pleased to announce the results of its twenty-sixth annual poll to select the ten best corporate and securities articles. Teachers in corporate and securities law were asked to select the best corporate and securities articles from a list of articles published in legal journals during 2019. Just short of 400 articles were on this year’s list. Because of the vagaries of publication, indexing, and mailing, some articles published in 2019 have a 2018 date, and not all articles containing a 2019 date were published in time to be included in this year’s list.

The articles, listed in alphabetical order of the initial author, are:

Ian Ayres (Yale), Edward Fox (Michigan). Alpha Duties: The Search for Excess Returns and Appropriate Fiduciary Duties. 97 Tex. L. Rev. 445-515 (2019).

Adam Badawi (Berkeley), Elisabeth de Fontenay (Duke). Is There a First-Drafter Advantage in M&A? 107 Calif. L. Rev. 1119-1172 (2019).

Lucian Bebchuk (Harvard), Scott Hirst (BU). Index Funds and the Future of Corporate Governance: Theory, Evidence, and Policy. 119 Columbia L. Rev. 2029-2146 (2019).

John C. Coffee, Jr. (Columbia), Robert J. Jackson, Jr. (NYU), Joshua R. Mitts (Columbia), & Robert E. Bishop (Goodwin Procter). Activist Directors and Agency Costs: What Happens When an Activist Director Goes on the Board? 104 Cornell L. Rev. 381- 466 (2019).

Lisa M. Fairfax (George Washington). The Securities Law Implications of Financial Illiteracy. 104 Va. L. Rev. 1065-1122 (2018).

Jill E. Fisch (Penn), Assaf Hamdani (Hebrew U) & Steven Davidoff Solomon (Berkeley). The New Titans of Wall Street: A Theoretical Framework for Passive Investors. 168 U. Pa. L. Rev. 17-72 (2019).

Zohar Goshen (Columbia), Sharon Hannes (Tel-Aviv University). The Death of Corporate Law. 94 N.Y.U. L. Rev. 263-315 (2019).

Henry T. C. Hu (Texas), John D. Morley (Yale). A Regulatory Framework for Exchange-traded Funds. 91 S. Cal. L. Rev. 839-942 (2018).

Elizabeth Pollman (Penn). Corporate Disobedience. 68 Duke L.J. 709-765 (2019).

Elizabeth Pollman (Penn). Startup Governance. 168 U. Pa. L. Rev. 155-221 (2019).

Adriana Z. Robertson (Toronto). Passive in Name Only: Delegated Management and “Index” Investing. 36 Yale J. on Reg. 795-851 (2019).

April 21, 2020 | Permalink