Saturday, June 16, 2018

Dean Search: Northern Kentucky University Salmon P. Chase College of Law

From Northern Kentucky University Salmon P. Chase College of Law:

Founded in 1893, the Salmon P. Chase College of Law has for 125 years provided service to students and the legal community throughout the Commonwealth of Kentucky and across the Ohio River to Cincinnati and its environs.  Chase is a jewel in the crown of Northern Kentucky University, with a history that predates that of the University.  Long known as the “The Lawyer’s School.”  Chase has served both traditional and non-traditional students throughout its history and in recent years has gained a strong reputation for the quality of its clinical and other experiential learning programs.

NKU and the Chase College of Law now seek a Dean to continue this tradition of success and service.  The Dean is the chief executive of the law school and serves on the leadership team of the University.  Leading a committed faculty and staff in service to a dedicated and hard-working student body, the Dean will be in a position to make significant contributions to the future of the institution.

The academic experience at Chase extends beyond the classroom and provides Chase students with the tools they need to be successful members of the bar.  Students have the opportunity for hands-on learning experiences in Chase’s clinics and numerous externship programs.  These placements provide students with first-hand, practical understanding of the law by trying real cases and working alongside local practitioners.  The knowledge and experience they gain supplements lessons learned from the casebook and the classroom.  Chase is optimally poised to build upon these offerings and thus to position itself and its graduates for the changing legal and business environment.

To lead Chase to a new and exciting future, its Dean must be an outstanding and inspiring leader of people and programs.  She or he will possess a J.D. degree and must demonstrate achievements in legal teaching and scholarship, or in legal practice and leadership commensurate with appointment as a professor in the College of Law.  Above all, he or she must express and uphold the strongest belief in academic values and the finest tradition of legal education, including a collaborative approach to leadership, a transparent and accessible personal style, and unquestioned personal and professional ethics.

The Dean must possess outstanding communications and relationship-building skills.  Previous experience as a successful fundraiser will be a decided advantage, as the Dean will provide leadership in developing financial support for the College of Law in order to ameliorate budgetary challenges.  The Dean will work with the faculty of the College of Law and the administration of the University to develop a plan to attract well-credentialed students from a shrinking applicant pool and to increase the bar passage success of recent graduates from the College of Law.  The College of Law is committed to increasing the diversity of the campus community and the curriculum.  Candidates who can contribute to these goals are encouraged to apply and to identify their strengths and experiences in this area.      

Chase’s new Dean will join the institution at a time of great opportunity for change and growth.  The University has a new President committed to student success and community engagement.  Chase’s new Dean will have the opportunity to make a significant impact on this historic institution.

Review of applications will begin July 1, 2018, and recruitment will continue until the position is filled.  Confidential nominations and expressions of interest can be submitted to Professor Jack B. Harrison at harrisonj4@nku.edu.  Applications (including a cover letter and C.V.) should be submitted at http://jobs.nku.edu/postings/6884.  For best consideration, applications and nominations should be provided by August 15, 2018.

Confidential inquiries and questions concerning this search may be directed to Professor Jack B. Harrison.

It is Northern Kentucky University’s policy to ensure equal employment opportunity for all persons and to take the necessary actions needed to recruit, employ, train, promote, and retain qualified faculty and staff, including members of protected groups.  Discrimination against any individual based upon protected status, which is defined as age, color, disability, gender, national origin, race, religion, sexual orientation, or genetic or veteran status, is prohibited. 

Any candidate offered this position will be required to complete a thorough pre-employment criminal background check as mandated by state law.

Posted by Howard Wasserman on June 16, 2018 at 10:31 AM in Teaching Law | Permalink | Comments (0)

Thursday, June 14, 2018

Colorado Law Review-Exclusive Submission

The Colorado Law Review is excited to announce its exclusive submission track for Volume 90. We welcome innovative and thoughtful submissions on any topic of legal interest and look forward to reading scholarship that presents solutions to today’s most challenging legal questions.

This exclusive submission track will remain open from Monday, July 9 to Sunday, July 15, 2018. All pieces submitted will then be reviewed by the Colorado Law Review’s complete article selection committee and publication decisions will be issued by Sunday, July 22, 2018.

In exchange for this expedited full board review, authors agree to withhold their work from submission to competing publications until decisions are released.  Additionally, authors agree to accept a binding publication offer if an offer is extended. All articles selected for publication will be published in the spring of 2019.

For consideration, please send all submissions in PDF format, including manuscript, CV, and cover letter, to Marisa Hazell, Executive Editor of the Colorado Law Review, at executiveeditorcu@gmail.com. If you have already submitted your manuscript via Scholastica, we ask that you please resubmit your materials to the above email address before the July 15 deadline.

Posted by Howard Wasserman on June 14, 2018 at 04:51 PM in Teaching Law | Permalink | Comments (0)

Friday, June 01, 2018

Professors and political correctness

Neil Buchanan has an excellent post at Dorf on Law on how changing expectations around matters of race, sex, etc., affect how we teach, drawing connection to comedians on campus and on Roseanne's self-immolation. I will add a few points.

As professors, our focus is not on what we discuss in class but how we discuss it. While changing expectations require us to alter the tone we adopt on some subjects, addressing a touchy subject is unavoidable, either because students must learn the touchy material or because students must be able to see the material within sensitive or disturbing contexts. Neil's example is (I believe) a 1991 tax case from the Seventh Circuit, involving tax-evasion charges against twin sisters who accepted gifts from a wealthy older man. (I used the case as my Evidence final several years ago). The opinion delights in the salaciousness of the underlying facts and gets punny at times ("the relative scantiness of the record"). And Neil says that over the years he has pulled back from the sniggering tone the case allows, giving our better understanding of the possibly exploitative nature of the relationship involved in the case.

Importantly and appropriately, Neil does not argue that it is improper to teach the case (for the distinction between gift and income). Nor would I agree that it is improper to use the facts for an exam (for hearsay and the distinction between statements of intent of not-hearsay statements inferring consent).  This is the what, as opposed to the how. It is a good teaching case  and a good set of facts, even if dealt with in a sophomoric tone. It remains important for students to learn to deal with general issues and principles in troubling factual contexts.

To use another example. Several years ago, one assigned essay in Civ Pro involved an employment-discrimination case in which the plaintiff sought to compel the defendant to submit to having his genitals photographed to compare with the sext he allegedly sent the plaintiff. One students, who wanted to go into employment work, said she appreciated how the question pushed her out of her comfort zone. I did criticize one student for using the phrase "dick pic" in what was supposed to be a judicial opinion, which I thought reflected a lack of seriousness.

Even if we as professors change our presentation, the question remains whether the presentation in the assigned case becomes problematic over time and thus no loner usable. Is the relationship described in that Seventh Circuit case so toxic or presented in such a sniggering way that it should not be used, if some other vehicle is available to teach the gift/income distinction? This can be about a court's tone or language. Plyler v. Doe uses the phrase "illegal alien," which has drawn complaints in Con Law.

Posted by Howard Wasserman on June 1, 2018 at 05:59 PM in Howard Wasserman, Teaching Law | Permalink | Comments (1)

Thursday, May 31, 2018

CFP: Chicagoland Junior Scholars Works-in-Progress Conference

Northern Illinois University College of Law will host a Junior Scholars Works-in-Progress conference at Loyola University Chicago School of Law on Friday, October 5, 2018. This event will offer junior scholars (those who have spent 7 years or fewer as full-time professors) the opportunity to present their works-in-progress, get feedback from their colleagues, including senior faculty, and network with other scholars from the Chicago area and beyond. Articles may be presented in various stages of development.

If you are interested in presenting a paper at the conference, please submit a working title and abstract of 200-300 words to LeAnn Baie (lbaie[at]niu.edu), no later than June 15, 2018, with final papers due no later than September 5, 2018. There is no registration fee for this conference. Meals will be provided.

Email Prof. Dan McConkie at mcconkie@niu.edu with questions.

Posted by Howard Wasserman on May 31, 2018 at 05:16 PM in Teaching Law | Permalink | Comments (0)

Monday, May 28, 2018

RBG

I took my daughter and two of her friends to see RBG. It was pretty good, if not groundbreaking, and the girls (especially my daughter) enjoyed it. A few thoughts:

• The audience for the sold-out show appeared to be a mix of  families with tween girls and elderly Jewish women.

• The movie is less angry or snide in tone than the Notorious RBG. There was less of the "she's so cool, she's such a rockstar" that defines the book, although some of it remains. Because Ginsburg is interviewed extensively, the movie adopts a more serious tone. The movie depicts the positions opposite Ginsburg's (in cases such as Ledbetter, Bush, or Shelby County) as diverging from hers and incorrect. The  book ridicules those positions.

• The movie draws an explicit line between Thurgood Marshall and Ginsburg. Both made their reputations litigating civil rights cases and turned that into positions on the Court. And both spent part of their time on the Court writing dissents, particularly on the civil rights issues they had litigated. Posner argued that Marshall was a more influential lawyer than justice. I think we will remember Ginsburg as a more influential justice, given the more ideologically divided Court on which she has served and her leadership position on the Court since 2010, whereas Marshall worked in tandem with the more-senior and more-influential Justice Brennan for all but about one year on the Court.

• Speaking of ideology. The movie flashes two graphics showing the Court's ideological spectrum in 1993 (Ginsburg's first term) and 2005 (the first term with Roberts and Alito). In 1993, Ginsburg was fourth-most liberal Justice, with Stevens, Blackmun, and Souter to her left and Kennedy as the median Justice. In 2005, Ginsburg was second-most liberal, with only Stevens to her left. But that means she leapfrogged Souter ideologically. I wonder how they measured that.

Posted by Howard Wasserman on May 28, 2018 at 05:36 PM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Wednesday, May 23, 2018

Antony Page appoined dean at FIU

I am delighted that Antony Page (Indiana-Indianapolis/McKinney School of Law) is the new dean at FIU. Antony had been Vice Dean at IU for the past six years. His job here is going to be continuing recruiting great students while helping get the word out about what we are doing here.

The FIU press release is below.

MIAMI (May 23, 2018) — Antony Page has been named dean of the Florida International University College of Law. Page joins FIU Law from the Indiana University Robert H. McKinney School of Law in Indianapolis, where he was vice dean and a professor of law.
 
“Today marks a significant moment in FIU’s history,” said Provost Kenneth G. Furton. “FIU Law is already a leader among Florida law schools, and Dean Page shares our enthusiasm for continuing its rise in the national rankings as well.”
 
Page is distinctively qualified to lead FIU Law into its next era of ascent among top American law schools. His tenure at McKinney followed years of public service, including as a diplomat in the Canadian Foreign Service. As vice dean, he played a key role leading McKinney, from launching new graduate interdisciplinary programs to developing initiatives that improve access to legal education. He is also an acclaimed teacher and scholar in corporate law and related subject areas, with publications in high impact journals like the Michigan Law Review, Emory Law Journal, and Boston University Law Review.  His previous legal experience includes private practice as a transactional attorney in the London and Los Angeles offices of New York-based law firm Sullivan & Cromwell and clerking for Judge Harry Lindley Hupp of the Central District of California and Judge Arthur Lawrence Alarcón of the U.S. Court of Appeals for the Ninth Circuit.
 
“I’m honored to be entrusted with leading FIU Law at this most important juncture for legal education,” said Page. “Significant transformations are taking place in the legal profession and FIU Law is developing a reputation as one of the country’s most forward-thinking law schools.”
 
Page will bring his ambitious vision to a law school that quickly is earning national acclaim. FIU Law graduates have finished number one on four of the past five Florida Bar Examinations. The College’s acceptance rate ranks 30th in the nation – and number one in Florida – according to U.S. News & World Report, and it was recently named the nation’s 17th Best Value Law School by The National Jurist
 
“We will maintain our student-centered focus, while also exploring new avenues to ensure that our students are prepared to thrive in a rapidly evolving profession,” said Page. “FIU is one of the world’s most globally minded universities, and it’s located in one of the nation’s most entrepreneurial and innovative cities.  We are ideally positioned to serve the legal profession and the community in Florida, the United States, and internationally.” 
 
Page’s term formally begins on July 30, 2018, but he is already beginning his first order of business: getting to know FIU Law’s students, faculty, alumni, and other stakeholders. “Our people are our greatest asset,” he said. “We’ll go as far as they will propel us.

Posted by Howard Wasserman on May 23, 2018 at 10:01 AM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Tuesday, May 22, 2018

Online JDs and legal education: might law schools disrupt themselves?

I confess I'm not a particular fan of the term "disruption" as used today, which seems to float everywhere by everyone who seeks to impress an audience when discussing technology (or, perhaps, when pitching it to investors or buyers). I use the term here some deliberate irony. Online legal education is growing, primary among master's degrees. But a recent proposal from the American Bar Association would offer greater opportunities for some online educational components in the traditional JD program. The Council moved ahead with plans to permit up to one-third of credits, and up to 10 credits in the first year, offered online.

So, with the advent and expansion of online legal education, might law schools actually disrupt... themselves? I thought I'd muse about what that might look like.

Typically, "disruption" is the idea of a new player dramatically changing how an existing enterprise operates: Netflix to home movies and cable, Uber to taxis, and so on.

Law schools are understandably clamoring for outlets to earn revenue. The dramatic spike in innovative non-JD degree offerings from law schools is a testament to that. (The value proposition of these degrees remains deeply underexamined.) Some of these are online degrees.

But the JD has remained a largely brick-and-mortar, in-person experience. Schools have done some things to innovate in this area, including broadening externship opportunities and field placements. They have even recently permitted students to receive academic credit for paid externships.

The recent innovation has been led by schools like Syracuse proposing a mostly-online JD, and Mitchell|Hamline (or its predecessor) has offered one for some time.

But existing schools would be building on infrastructure that is decidedly not optimized for online legal education. And they risk demonstrating how their costly existing model is--perhaps undermining their own JD programs in the process. That is, if students are attracted to a significant component of the JD online, what happens to the much more expensive in-person JD experience?

The online JD has significant cost advantages for schools (that, presumably, will offer the program at the same price as in-person courses). Once an asynchronous course in contracts or torts is recorded, it rarely has to be updated or altered. And once the course is "built," it becomes fairly easy to teach repeatedly.

To the extent there are such asynchronous course offers or lecture-based presentations, what's the purpose of that "old-fashioned" law school experience--showing up, sitting in classes, costly enterprises?

Of course, I think there's value in the Socratic method (requiring interactive Q&A), and occasionally small group discussions, and other live and interactive components. Online JDs would eschew all these elements--or, at least, convert them into online experiences when offered in synchronous courses.

It might be that some schools will survive by converting their models into online ones, with dramatically lower overhead and greater ability to scale. That is, as they vie for enrollment, online components might be a way of attracting a new cohort of students.

This isn't to say that online JDs are good or bad. It's simply to indicate they're different--in particular, cheaper for law schools to operate in the long run. And if they're cheaper, what might that do to legal education?

One is the price might drop for legal education, but that seems highly unlikely--recall, schools are built on the brick-and-mortar experience, and they're not winding down those high-priced operations anytime soon.

It might "normalize," in a way, the online JD experience, to the extent that matters to prospective law students. And that might pressure many other law schools to follow suit.

It might also incentive new law schools--built on a lower cost, lower tuition model--to pop up and perhaps undercut existing law schools. That is, law schools might disrupt themselves by creating partly online JDs, making them perfectly ordinary for prospective students, and incentivizing new schools to undercut them in price in the future.

Then again, we might see the signaling function of attending a brick-and-mortar institutions, or at least the institutions that have been around for a long time. Perhaps we'll see a strata of separation between those with the luxury of a costly in-person JD degree (with all the benefits of three years in a social setting physically with other students), and perhaps the future legal services market might reflect that.

It's worth emphasizing perhaps I'm overreading this. It's only a partially-online JD component; it requires school buy-in; it may be that for students externing or studying abroad or moving to a city to work and complete classes in their final year, that these online JD elements are simply convenient devices for schools. And online degree-seekers are recruited mostly locally, anyway; spend a few minutes reading SEC filings with online education companies to see why they develop relationships with so many geographically different universities.

I've offered enough (rampant) speculation about the potential future impact of online components of a JD. But all that is to say that the future impact of online JDs, even as components of a mostly in-person experience, turns mostly on what law schools do with them. If they supplement existing programs, it may have a very modest impact; if they seek to replace existing programs and attract new cohorts of students, they might dramatically alter the landscape of legal education in the next 30 years.

 

Posted by Derek Muller on May 22, 2018 at 11:58 AM in Life of Law Schools, Teaching Law | Permalink | Comments (2)

Thursday, May 17, 2018

Open Letter from Jewish Law Professors Protesting the Treatment of Professor Katherine Franke

Katherine Franke (Columbia) was detained and denied entry by Israeli authorities earlier this month. The incident sparked a number of open letters objecting to her treatment. The letter, after the break, is from (some) Jewish law professors.

We, the undersigned, write to protest the refusal of the State of Israel to permit entry to Professor Katherine Franke of Columbia University Law School, along with Vincent Warren, executive director of the Center for Constitutional Rights. Franke and Warren arrived to meet with Israeli and Palestinian colleagues. They were questioned for 14 hours before being sent back home without entry. As colleagues of Professor Franke, we know her as a serious scholar of gender, sexuality, civil rights, and human rights and as the author of one book, numerous well-regarded law review articles, and a second forthcoming book. She holds a chaired professorship at Columbia Law School, where she has also served as vice dean, and she has testified before congress and contributed to several edited volumes.

While much of her work has focused on gender equality and civil rights for African Americans, Professor Franke has been deeply engaged in and concerned about the status of Palestinians both within Israel and under the Israeli occupation. She has worked as a mentor to colleagues in human rights at Al Quds University in Jerusalem. Professor Franke had travelled to Israel as part of a civil rights delegation with the Center for Constitutional Rights and as an academic to meet with Columbia graduate students in Haifa and Ramallah and to meet with faculty at An-Najah University about a possible master’s program in human rights. She previously served as a member of the academic advisory council of Jewish Voice for Peace, an organization that supports elements of the Boycott, Divestment, Sanctions (BDS) movement.

Presumably, it is Professor Franke’s former affiliation with Jewish Voice for Peace and its position on BDS that led to her exclusion. The Knesset has passed a series of laws, most recently in 2017, directed against those who support a boycott, including those who support a boycott of settlement products in the occupied territories. In addition, and with the support of Prime Minister Netanyahu, the Knesset has passed several bills in recent years limiting the right to open and free expression. While some of us agree with Professor Franke’s substantive views, and some of us do not, we are united in our serious concern at her recent exclusion from the country, and the growing trend to exclude visitors based on their viewpoint and beliefs. Denying entry to those with dissenting views is a worrying sign of the erosion of democratic foundations in Israel.

A critical measure of a society’s commitment to democracy lies in its willingness to tolerate political views at odds with those of the ruling regime. We have seen examples around the world, from Turkey to Hungary to Venezuela, of increasing intolerance for dissenting views—and for the very principles of liberal democracy. By its latest action against Katherine Franke and Vincent Warren, the Israeli government has registered its own indifference to the core values of democracy and a deeply concerning unwillingness to tolerate dissenting viewpoints. As Jewish law professors dedicated to democratic values and academic freedom, we call on our academic communities and our academic institutions to stand in support of Professor Franke and the principles which were violated by the denial of entry. We also call on the Israeli government to reconsider its recent steps and permit Katherine Franke and all those who support peaceful political dialogue and engagement to enter the country.

  1. Richard L. Abel, Connell Distinguished Professor of Law Emeritus and Distinguished Research Professor, UCLA Law School
  2. David Abraham, Professor of Law, University of Miami Law School
  3. Kathryn Abrams, Herma Hill Kay Distinguished Professor of Law, UC Berkeley School of Law
  4. Libby Adler, Professor of Law and Women's, Gender, & Sexuality Studies, Northeastern University
  5. Erez Aloni, Assistant Professor, Allard School of Law at the University of British Columbia
  6. Scott Altman, Virginia S. and Fred H. Bice Professor of Law, University of Southern California
  7. Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
  8. Jon Bauer, Clinical Professor of Law and Richard D. Tulisano '69 Scholar in Human Rights, University of Connecticut School of Law
  9. Paul Schiff Berman, Walter S. Cox Professor of Law, The George Washington University Law School
  10. Susanna Blumenthal, William Prosser Professor of Law and Professor of History, University of Minnesota Law School
  11. Linda Bosniak, Distinguished Professor, Rutgers Law School
  12. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley Law School
  13. Brenda Cossman, Professor of Law, University of Toronto
  14. Anne C. Dailey, Evangeline Starr Professor of Law, University of Connecticut Law School
  15. Joshua Foa Dienstag, Professor of Political Science and Law, UCLA School of Law
  16. David R. Dow, Cullen Professor, University of Houston Law Center
  17. Peter Edelman, Carmack Waterhouse Professor of Law, Georgetown University Law Center
  18. Sam Erman, Associate Professor, USC Gould School of Law
  19. Catherine Fisk, Barbara Nachtrieb Armstrong Professor of Law, UC Berkeley Law School
  20. Carole Goldberg, Jonathan D. Varat Distinguished Professor of Law, UCLA School of Law
  21. Ariela Gross, John B. and Alice R. Sharp Professor of Law and History, USC Gould School of Law
  22. Bruce Hay, Professor of Law, Harvard University
  23. Deborah Rosenfield Hensler, Judge John W. Ford Professor of Dispute Resolution, Stanford Law School
  24. Morton Horwitz, Professor, Emeritus, Harvard Law School
  25. Paul W. Kahn, Robert W. Winner Professor of Law and the Humanities, Yale Law School
  26. Hila Keren, Professor of Law, Southwestern Law School
  27. Jeremy Kessler, Associate Professor of Law, Columbia Law School
  28. Karl Klare, George J. & Kathleen Waters Matthews Distinguished University Professor, Northeastern University School of Law
  29. Diane Klein, Professor of Law, University of La Verne College of Law
  30. Pnina Lahav, Professor of Law and Law Alumni Scholar, Boston University School of Law
  31. Sanford Levinson, W. St. John Garwood and W. St. Garwood, Jr. Centennial Chair in Law, University of Texas Law School
  32. David Luban, University Professor and Professor of Law and Philosophy, Georgetown University Law Center
  33. Michael Meltsner, Northeastern University School of Law
  34. Naomi Mezey, Professor of Law, Georgetown University Law Center
  35. Frank Michelman, Robert Walmsley University Professor, Emeritus, Harvard Law School
  36. Jennifer L. Mnookin, Dean and David G. Price and Dallas P. Price Professor of Law, UCLA School of Law
  37. Samuel Moyn, Professor, Yale Law School
  38. Judith Resnik, Arthur Liman Professor of Law, Yale Law School
  39. Darren Rosenblum, Professor, Pace Law School
  40. Tanina Rostain, Professor Georgetown Law Center
  41. Lawrence Sager, Alice Jane Drysdale Sheffield Regents Chair of Law, University of Texas
  42. Susan R. Schmeiser, Professor of Law, University of Connecticut School of Law
  43. Hilary Schor, Professor of English, Comparative Literature, & Law, USC Gould School of Law
  44. Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center
  45. Amy Sepinwall, Professor of Legal Studies and Business Ethics, Wharton School, University of Pennsylvania
  46. Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law, Ohio State University Moritz College of Law
  47. Jed Shugerman, Professor of Law, Fordham Law School
  48. Dan Simon, Richard L. and Maria B. Crutcher Professor of Law and Psychology, USC Gould School of Law
  49. Jonathan Simon, Professor of Law, UC Berkeley School of Law
  50. Joseph William Singer, Bussey Professor of Law, Harvard Law School
  51. Abbe Smith, Professor of Law, Georgetown University Law Center
  52. Brad Snyder, Professor of Law, Georgetown University Law Center
  53. Clyde S. Spillenger, Professor of Law, UCLA School of Law
  54. Carol Steiker, Henry J. Friendly Professor of Law, Harvard Law School
  55. Beth Stephens, Distinguished Professor, Rutgers Law School
  56. Simon Stern, Associate Professor of Law, University of Toronto
  57. Nomi Stolzenberg, Nathan and Lilly Shapell Chair in Law, USC Gould School of Law
  58. Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School
  59. Adam Winkler, Professor of Law, UCLA School of Law
  60. Gideon Yaffe, Professor of Law & Professor of Philosophy and Psychology, Yale Law School
  61. Jonathan Zasloff, Professor of Law, UCLA School of Law
  62. Noah Zatz, Professor of Law, UCLA School of Law

Institutional affiliations listed for identification purposes only.

Posted by Howard Wasserman on May 17, 2018 at 04:45 PM in Howard Wasserman, Teaching Law | Permalink | Comments (15)

Friday, May 11, 2018

On mixing academic and journalistic writing (Updated)

Olga Khazan at The Atlantic summarizes a new article by Austin Frakt, Aaron Carroll, Harold Pollack, and Keith Humphreys--all academics who write for newspapers, blogs, and other popular outlets--discussing the rewards and challenges of writing for popular journalistic outlets and audiences as an academic.

From my limited experience writing regularly here and at SCOTUSBlog and dabbling with op-eds in newspapers or magazines, it seems to me there are two issues--one is style/tone, the other is level of detail and support. The latter obviously decreases in these formats--writing 500-1000 words on a germinating idea that will get 20,000 in a full article means less detail and support. A blog post or opinion recap is not meant to be a full scholarly analysis. I find style/tone to be trickier--I assume readers here are law-trained, which I sometimes forget when writing for a different audience that is law-interested but not law-trained.

Update: I also agree with Frakt, et al. about speed, which is unnecessary for academic projects. I am a slow reader and processor, so the process of quickly turning around a report on an argument or opinion is painful for me. I also tend to rush when pressed for time and make bad grammatical mistakes or fail to provide the right links (as happened in this post--the link to Khazan's piece is fixed).

Posted by Howard Wasserman on May 11, 2018 at 02:20 PM in Blogging, Howard Wasserman, Teaching Law | Permalink | Comments (3)

Thursday, May 10, 2018

Because it's International *Shoe*

For the third straight year, most of my Civ Pro students completed extra-credit "creative projects," including video skits, parody songs, board games, poems, and crossword puzzles. I stole this idea from former GuestPrawf Josh Douglas and I love how it has caught on. Students know about it from year to year and they seem to have a good time with it.

Among my favorites this year was a series of buttons that one student made. One button read "Certain Minimum Contacts," then the rest contained a drawing of a different type of shoe bearing the name of one of the tests for purposeful availment ("stream of commerce," "Effects," "Seek to Serve," etc.). Pretty cool-I can wear the appropriate one to class when we cover each of the tests.

But until someone pointed it out to me today, I did not understand why the student drew shoes.

I need a vacation.

Posted by Howard Wasserman on May 10, 2018 at 05:46 PM in Civil Procedure, Howard Wasserman, Teaching Law | Permalink | Comments (0)

To Dismiss or Transfer a Mockingbird

My recently-administered-but-still-to-be-graded  Civ Pro exam was built around the lawsuit over the Aaron Sorkin-penned stage adaptation of To Kill a Mockingbird, including questions on personal jurisdiction. On Monday, as my students were taking the exam, the district court denied Rudin's motion to dismiss for lack of personal jurisdiction. The court concluded that there was purposeful availment given the contract with Lee (an Alabaman) and her ongoing influence over the script, along with the fact (downplayed in Rudin's brief) that Rudin pursued Lee in Alabama (through emails to Lee and her Alabama attorney) for some time to get her to enter into negotiations. But the court transferred the action to the Southern District of New York under § 1404, finding that the private interest factors (mainly the location of witnesses) favored New York and that Lee's choice of forum received less deference because of her inequitable action in suing rather than meeting with Rudin to discuss concerns with the script.

All of which became moot today, when the Estate and Rudin "amicably settled" the litigation.

Posted by Howard Wasserman on May 10, 2018 at 05:28 PM in Civil Procedure, Howard Wasserman, Teaching Law | Permalink | Comments (0)

Teaching in Two-hour Blocks

For many years, before moving to UNLV this year, I taught Constitutional Law as a four-hour course in two, two-hour blocks. Two hours is a long time even with a ten-minute, mid-class break, so last year, I split the two hours. I taught the first hour before lunch and the second hour after lunch. And I think it went much better that way. It felt much more like two one-hour classes than one two-hour class.

I also used the lunch break to meet with students over lunch so we could talk about the course in a less formal setting.

Because I was teaching a required first-year course (second semester), we didn't have to worry about creating conflicts with too many other classes, as might be a problem with an upper-level course that crosses two scheduling blocks.

I'm now teaching the individual rights part of Constitutional Law as a three-credit course, so I can't continue my experiment. But I recommend it to others who find a two-hour stretch challenging.

(It's great to be back for a visit. Thanks very much for including me this month.)

Posted by David Orentlicher on May 10, 2018 at 02:33 PM in Teaching Law | Permalink | Comments (2)

Wednesday, May 02, 2018

Lewis & Clark faculty statement on free expression

Jeff Schmitt argues that speech norms should be different in law schools, given the style and manner of legal education in compelling students to engage with disagreeable ideas. Jeff's argument is similar to Heather Gerken's argument, last summer, explaining why we had seen fewer disruptions and counter-protests in law schools. That was before Josh Blackman at CUNY and the protest/disruption of Christina Sommers at Lewis & Clark.

Last month, the L&C law faculty issued a unanimous statement that "pluralism, professionalism, and First Amendment values are all essential to our mission, and we as a faculty reaffirm our commitment to each." Worth a read.

Posted by Howard Wasserman on May 2, 2018 at 08:49 PM in First Amendment, Howard Wasserman, Teaching Law | Permalink | Comments (2)

Tuesday, May 01, 2018

Policy questions on law school exams

I am methodical when it comes to grading my exams. I grade question by question, and often subpart by subpart, to maximize consistency of awarding points and to avoid biases from previous answers. On the first question, I'll move front to back through the stack; on the second, I'll pick a random spot in the stack, and I'll move from back to front; and I'll continue on this pace to avoid biases from recent scoring. If I offer a multiple choice component, I scrutinize the biserials and the reliability coefficient, going back over weaker questions and determining if I should throw any out.

Another thing I like to do is to scrutinize the correlation between exam parts, both the multiple choice across each essay (or subpart), or between essays (or subparts). If I get too granular, the data can get noisy, but it's a useful tool to make sure I'm grading consistently and that my questions are fairly consistent.

I've had mixed feelings about policy questions on exams. On the one hand, I fear they can turn into overly-subjective or rambling thoughts loosely related to the course. On the other hand, they can sometimes reflect a student's passion or zeal about the subject, including a deep grappling of elements of the course, that may not be apparent from the rest of the exam. I've come up with pretty good ways to grade these parts--include some clear calls in the question (pick two cases, etc.), require them to address certain elements, and award greater points for deeper analysis.

But each time I've done a policy question, I've noticed that the grading rarely lines up with remainder of the exam. If I have five essays, and one of them is a policy question, for instance, I'll notice fairly high correlations between each of the first four essays. But the correlations with any of the first four essays and the policy question will be almost nonexistent.

Back to two hands. On the one hand, this makes me extraordinarily nervous. Am I grading this element of the exam with less consistency? Are my directions unclear? (But, mostly follow the directions correctly.) Is the policy question simply too subjective? (Then again, I've gone back through answers and never found that a particular position taken earns more credit.)

On the other hand, it's usually the last essay, and some simply run out of time, which tends to make my last essay less reliable in the first place. But more importantly, the policy question is designedly doing something different from the rest of the exam. And that's the point... no? To reflect a different legal acumen than may be obvious from an issue-spotter of legal analysis? So, we might see others thrive differently on this component of the exam--particularly if they're passionate about some element of the course, or have truly thought through a great amount of the material in ways not reflected in the rest of the exam.

I'm sure others have thoughts... how have you approached the policy question? And are answers less consistent with the rest of the exam a sign the question is doing what it's designed to do, or a sign that it's a problem (and, as is often the case, rightly relegated to a slim part of the overall exam)?

Posted by Derek Muller on May 1, 2018 at 09:01 AM in Teaching Law | Permalink | Comments (10)

Monday, April 30, 2018

Exclusive Submission: Dickinson Law Review, Volume 123

The Dickinson Law Review is now accepting exclusive submissions for Issue 1 of Volume 123. All articles submitted to the Law Review between now and May 11, 2018, at 11:59 PM Eastern Time will be evaluated and considered for publication by May 18, 2018. If you have previously submitted an article to the Dickinson Law Review, you must resubmit the article for consideration in this review.

By submitting an article via this exclusive submission track, the author agrees to accept an offer of publication, should one be extended. Articles that receive offers of publication will be published in Issue 1 of Volume 123.

To submit, please email your article manuscript in Microsoft Word format, along with your CV, to mxs1191@psu.edu. Please title the subject line “2018 Exclusive Submission Track.”

Posted by Administrators on April 30, 2018 at 05:03 PM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Saturday, April 28, 2018

U Va Law bans non-students from library during exams

Story here (forwarded to me by a colleague with the subject line "Glad I'm Not a Dean"). Nothing wrong with that policy on the surface--many schools do that to ensure that law students have sufficient study space during the high-stress period. The potential problem is that the policy change was enacted in response to white-supremacist leader Jason Kessler using the library, which triggered a wave of protests, public forums, and demands for the school to take action. So what happens with a content-neutral policy enacted for blatantly viewpoint-discriminatory reasons?

Posted by Howard Wasserman on April 28, 2018 at 11:03 AM in First Amendment, Law and Politics, Teaching Law | Permalink | Comments (7)

Thursday, April 26, 2018

Stand in the place where you work

I began using a standing desk about five years ago, when my colleague Eric Carpenter joined the faculty from the military, where he used a standing desk. About 5-10 people now use standing desks, including one who bought herself a treadmill desk. I bought StandStand, a portable standing desk invented and crowd-funded by Luke Leafgren, a professor at Harvard.

This story reports on recent studies suggesting that the cognitive benefits gained from walking (which might explain why I pace when teaching) are gained by standing while at your desk. Maybe while keeping my classroom laptop-free, I should give students the option of standing in class.

Posted by Howard Wasserman on April 26, 2018 at 04:50 PM in Howard Wasserman, Teaching Law | Permalink | Comments (5)

Wednesday, April 25, 2018

Navigating accommodations and pedagogy

Like many on Prawfs and elsewhere, I've dabbled with laptop bans in the classroom. (For me, I'm deeply uncertain about what the "right" answer is and won't rehash those discussions here.) But I'm aware of situations where a professor has banned laptops only to receive a word from the accessibility services office that a student (or more than one) requires an accommodation--the ability to use a laptop.

And like many on Prawfs and elsewhere, I've wondered about whether I ought to record classes (e.g., to provide opportunities for students with legitimate reasons for absences to hear the material, and to allow students with long commutes to re-listen to class discussion) or not (e.g., to protect the privacy of students and maximize classroom candor, or to prevent incentivizing classroom absences). But I'm aware of situations where a professor has refused to record lectures only to receive a word from the accessibility services office that a student (or more than one) requires an accommodation--the ability to record lectures.

Gone are the days where accommodations were limited to things like time-and-a-half on the exam. A much deeper understanding of students' needs, coupled with much more sensitive university accessibility offices, has given rise to many more accommodations over those available even a decade ago. Some greater contemporary accommodations, like service animals, don't really have pedagogical impact.

But, at the same time, I can't help but start to wonder how to handle these accommodations in relation to pedagogy. If I allow laptops or record all lectures, then it's a moot point. But what if I want to ban laptops or if I don't want to record classes?

I think some of my concerns have been about how students might react. That is, they don't know which students have extended time or other exam-related accommodations because there's a level of privacy inherent in that process. But a student with a laptop in a class where everyone else can't use them stands out--in part, it may call attention to the student with an accommodation (an undesirable result, to be sure), or, in part, it might be a lack of student sensitivity to accommodations (which, perhaps, I or others could communicate more effectively). And a student who gets access to recordings is in the same boat--I have to tell the class that I'm recording the lectures (even though the students generally don't get access to them), but at least they can't single out the students with the accommodation, but the same lack of sensitivity is an issue. (Or, more crudely, a complaint that the system is "unfair" to them if they want to type or listen to recordings.)

So, my temptation might be to forego any kind of pedagogical decisionmaking and go with the path of least resistance--record, type, whatever you'd like. But that strikes me as suboptimal, especially if I'm convinced (and, I should note, I'm not totally convinced in any of these arenas) that I ought not do it.

Maybe there's a third way--working with the accessibility services offices to develop more nuanced accommodations that avoid these concerns: win-win or something like that. But I'm not sure those kinds of options would be available, and it would involve me second-guessing the decisions of professionals who've weighed student requests carefully.

So... I don't know. It's something I've been grappling with. Have any of you struggled with these issues? If so, have you reached any better resolutions than I have?

Posted by Derek Muller on April 25, 2018 at 12:53 PM in Teaching Law | Permalink | Comments (4)

What to cover and when

There is a connectedness among the pieces of the law-school curriculum, one that may have increased as we have expanded course offerings, eliminated required courses, decreased hours (at least in 1L), and varied the types of offerings. Sometimes this is personal--I used Fed Courts to cover stuff (such as the Grable line) I cannot get to in Civ Pro and Civil Rights to cover stuff (all of § 1983 and Bivens) I cannot get to in Fed Courts. Other times it is broader, as some courses rely on other courses for foundation and connection--we want students to know crim law and procedure before we send them to work in a prosecutor or PD office.

And sometimes this touches not only on what we teach in doctrinal classes, but the order in which we teach it. There is a never-ending debate in the Civ Pro world about whether to start with pleading and the FRCP or jurisdiction (and then whether subject matter or personal). I am in the former camp, initially because the person I learned Civ Pro from is in that camp and now because I believe it is the best approach, although I see the merits to the alternative. My FIU colleague who teaches the other section of Civ Pro begins with Pennoyer. In Evidence, I begin with Relevancy and do not reach Hearsay until the final month of the semester, again because that is how I learned the material. My FIU colleague who teach the course reaches Hearsay much earlier in the semester.

I was speaking with my colleague who runs our outstanding Academic Excellence Program, working with marginal spring 1L and fall 2L students (this program is a big reason for our Bar-pass success). He links his support class to particular doctrinal classes--Civ Pro for spring 1L and Evidence for fall 2L; the special extra assignments and close support he provides are for writing assignments linked to those classes. And this difference in order of coverage is causing him some headaches. If he assigns a question on Hearsay or P/J or discovery early in the semester, only half the class will know the material from the doctrinal course.

I am not sure how to resolve that problem. I have considered reasons for teaching in the order I do, as do my colleagues, and I doubt either of use will convince the other. Order, it seems to me, affects how I teach the material and changing the order changes how I teach. I can teach Hearsay a certain way because, by the time we get there, my students have a basic understanding of relevancy; I can teach Personal Jurisdiction a certain way because, by the time we get there, my students have a basic understanding of what a civil action and what it looks like. Again, my colleagues would say the same in reverse.

But our choices, however well-founded, have downstream effects.

Posted by Howard Wasserman on April 25, 2018 at 09:25 AM in Howard Wasserman, Teaching Law | Permalink | Comments (4)

Saturday, April 21, 2018

More on PowerPoint

As one of the "Oh, I never use PowerPoint" people Derek mentions, I wanted to add on to a couple pieces of his post. Derek says he uses PP for three things: 1) The text of a rule or statute; 2) Visualizing a concept such as a flowchart; and 3) Photos and other AV material. And he and I teach some of the same classes.

First, not using PowerPoint is not the same as "simply sp[eaking], lectur[ing], engag[ing] in Socratic dialogue." While I (proudly) never use PP, I fill the dry-erase board with flow charts, key terms or phrases, hypothetical problems, and occasionally statutory text, especially if I want to break the pieces of the statute down. I recall a SEALS panel on using AV in class and one of the speakers presented his slide for the Erie flowchart. It was the same flowchart I use, just with more color and boxes and permanency. But the dry-erase board allows me to interact with the visuals, circling and underling things as we go, something that is impossible on the sterile slide (even with a laser pointer).

Second, the drawback to putting text on a slide is that students stare at the slide instead of the text in their books. I want them to learn to read and highlight or underline or mark-up the text as they go, by having the text right in front of them and being able to work with it. I have been aware this semester of how much students jot down what they hear about a statute in their notes and use the remembered language from their notes, rather than going back to the precise text and textual language. This is important when we are jumping around to multiple rules and they have to figure out how to read the rules together and fit them as parts of a whole. I prefer to read the rule together, with everyone looking in her own book, rather than presenting it in one spot for all.

Third, Derek says he does not churn through and read slide after slide. But the temptation to do so is overwhelming and commonplace, thus becoming expected by students and audience members.

Fourth (and this is going to be a matter of personal style), the question must be whether a visual adds something to the presentation and to the students' learning. When teaching Lujan, does it really add to the students' understanding of the case to flash a picture of the Nile Crocodile? It's nice as trivia or cocktail-party conversation--which certainly is important--but does it help the students understand the material? If my answer is no, it is something I leave out of the classroom, but perhaps present on the course-adjacent blog or web site.

Finally, while I believe I shared this story here years ago, it is worth repeating. It involves an academic talk rather rather than class, but it gets at the same thing. I was presenting my empirical study of the infield-fly rule , which had charts with numbers and pictures of fields showing location of batted balls, and the AV system was not working. The moderator told me to "do the best I can," which would have been "not at all," since the talk would have been incoherent without the audience being able to see what I was talking about. (They fixed the system by the time I got up there, so it worked out). That the moderator could believe the talk could work without the visuals tells me that many people are giving many talks using PP that adds nothing of consequence, probably with visuals that contain the text of what the speaker is saying and that are going to be read, but nothing more. If someone can do the same talk and be as understood without the visuals, the visuals add nothing essential and can be discarded.

Posted by Howard Wasserman on April 21, 2018 at 05:47 PM in Civil Procedure, Howard Wasserman, Law and Politics, Teaching Law | Permalink | Comments (9)

Friday, April 20, 2018

It's time to have the talk... about PowerPoint

Few things are more ubiquitous and less discussed in legal education than PowerPoint. It inspires obsessive use and targeted hate.

I use PowerPoint with varying degrees of regularity in the classroom (and while I'll focus on that here, some of the discussion points are fruitful for consideration for academic talks, too). (As an aside, I typically used Prezi, a more dynamic open-canvas environment than PowerPoint, but given the decline of Flash and Prezi's move toward more PowerPoint-like features, I may be abandoning that platform soon.) And I use it for basically three things. (I'll use PowerPoint as a shorthand for basically any audio-visual display in the classroom, but PowerPoint does come with its own stigma and faults.)

First, the text of a rule or a statute. When I teach Civil Procedure or Evidence, I'm displaying the text frequently. It's quite valuable, I've found, when students break into small groups to work on a hypothetical, or when I'm walking them through a hypothetical--the giant actual text of the rule miraculously helps them pay attention to the words. (I'll very rarely use a quotation from a Supreme Court opinion that establishes a common standard.)

Second, a visualization of some concept, like a mind map or a flow chart. It's designed to synthesize dense material into a digestible format.

Third, photographs, audio-video components (more on that below), or other ways of bringing certain concepts to life. (I've even resorted to the occasional meme.)

In all three, I very rarely churn through a series of slides. Most would linger for minutes, if not most of the class.

Now, some might never use PowerPoint--or, at least, while they might occasionally put up a YouTube video, but wouldn't call such an exercise "using PowerPoint." Some might take a more moderate approach to using PowerPoint to outline topics in class or mention case names & titles to anchor discussion.

But then there are the PowerPoint, in my view, over-users. That might include churning through 20 or 30 slides in a single 60- or 90-minute class. There might be large blocks of text, sometimes summarizing a case, sometimes big chunks of law. There's a temptation to read through it, right off the screen. Students may start transcribing the content furiously on their laptops.

And the visuals. Oh, the visuals. Color schemes, clip art, busyness.

I thought I'd share a few things to think about and ways one might improve the use of PowerPoint. There are the great critics like Edward Tufte, and I can hardly add to them. (I confess, I sometimes violate these principles myself, so typing them out is designed to give me some structure.) This also requires knowledge of far more than PowerPoint--you need to be aware of the location where you are presenting as much as, if not more so than, the software itself.

First up: display. High-resolution is essential, and one should be very reluctant to do too much with PowerPoint if your audience is going to be gazing at grainy lower-resolution displays. Smaller fonts or more subtle items will be lost. The same goes true for the size of the display and how high it's mounted from the audience--craning necks looking to a small screen dramatically diminish impact, particularly for those in the back of a large auditorium or up near the front of a high-mounted display. True HD with good sightlines make use of PowerPoint. If you don't know the room? Simpler (or abolition) is better.

Second, aspect ratio. Most tech departments have adjusted displays for a 16:9 (i.e., "widescreen) ratio. But most PowerPoint users still default to 4:3 aspect ratios, leaving you with a box with black bars along the side. That means you're actually shrinking the display size and asking more of your audience. If you know ahead of time the aspect ratio in the room, then you can maximize the real estate available. If not? I would create two separate presentations, one 4:# and one 16:9.

Third, lighting. If you've got a touch-screen HD display, you're probably not as worried. But many projectors have dim bulb. They're placed in rooms with lights that shine right on the display, dimming the look further and washing out or causing glare. So you can black out the room (good luck, notetakers), or try to figure out which light switches will sufficiently illuminate the display. If you don't know the room? Stick with black-and-white as much as you can, or don't use it. (Noticing a theme about familiarity with the room...?)

Fourth, color, hue, and saturation. This can work in conjunction with the brightness of the display. Greens and grays, or low contrast, might get lost if the color profile is poor. Color-on-color may get washed out. Clear black text on a white background (unless you're in a pitch black room, then go for white text on a black background) is ideal, even if boring. Accentuate borders if you'd like--the audience won't need to read your borders, and a little color loss isn't the worst there.

Fifth, typeface, size, and readability. Sans serif fonts are usually best with low resolution displays (it's a reason that Calibri, icky a typeface as it might be, is the default for Word, because it's highly readable on a computer monitor). It means that you may have a more contemporary look, but better to have readable Arial, Helvetica, or Verdana than... well, something not readable. Keep in mind that the size of the room often means you need font sizes larger than you want.

Sixth, audio. Oh, the audio. Rooms are usually not designed with optimal speakers, particularly for bass, so simply be careful about how much audio takes place in your room and what it sounds like. Modest use is best... unless, again, you have deep knowledge of the acoustics and can ensure that the A/V will work well.

These are all the picayune design issues that you may not think about sitting at a computer. But that's because, as a presentation format, the presentation component is too often ignored--I hope these provide a few things to think about for your next presentation.

In terms of substantive use, I won't add to the stuff that Professor Tufte writes about (he's soundly criticized PowerPoint as a reason for the Columbia shuttle disaster). But, at a time when we obsess over pedagogy, learning styles, professionalism in the classroom, and the like, I'm not sure we critically evaluate our use of A/V in the classroom. I try to, as best I can. But a lot of priors make critical insight almost impossible to address--"Oh, I never user PowerPoint," for instance, makes any critical evaluation of someone else's A/V challenging, or often blocks any discussion about how one might meaningfully add technology to the classroom. Or, "I worked really hard on these slides" opens the door that criticism of the slides means devaluing that person's work product.

That's of course not to say that we all have very different teaching styles--I loved some courses with faculty who simply spoke, lectured, engaged in Socratic dialogue without a stitch of A/V; and I loved some courses with faculty who'd flash images of stuff from the cases or anchored discussions in the text of the rule. My own classes can vary widely in how much tech I use. But I hope we can think more about it, and perhaps even improve upon it for our students' sake.

Posted by Derek Muller on April 20, 2018 at 12:53 PM in Teaching Law | Permalink | Comments (0)

Monday, April 16, 2018

Legal Ed's Past

Last week, I suggested that there have been a lot of changes to legal education over the last century (and much of that has been much more recent). I wanted to offer a slightly contrarian perspective to the "Legal Ed's Future" series that Dean Dan Rodriguez so thoughtfully compiled. That is: Legal Ed's Past.

Each change I identified (depending on your math, around 38 of them, of varying degrees of significance, of course) came because of something. Something prompted "legal education," to the extent we can define it, to... well, do something. Respond to a perceived problem. Act.

Before moving too quickly (more on this adverb below) into the future, it might be worthwhile to consider changes from the past, and evaluating whether they are working effectively. While there is often a race to the next big change, there is, in my view, extraordinarily little (or, at least, we might agree, relatively little) critical evaluation of changes in the past. Taking the time to evaluate whether these changes are as effective as we believe them to be, or whether they are achieving our desired goals, is a worthwhile endeavor.

I'll start with a few changes. One concern, at least one I've thought about, is that it may be that we are distracting our students with ever more things. The simplicity of earlier curricula has given way to increasingly-frenzied schedules. (In my location in greater Los Angeles, for instance, it’s not uncommon for my students to commute more than an hour a day for their externships.) Intensive courses, travel to advocacy competitions, periodic interim in-class assessments, meetings with administrators—the list grows seemingly each year. But as bar passage rates decline (not always explainable by declines in credentials), or if student attendance and participation may be suffering, might distraction or being stretched too thin be components in challenges facing law students today?

Or what about the single biggest complaint that I hear from employers time and again when I ask about what we as educators can do to help prepare our students for the profession—writing? Is the labor-intensive work of writing and editing—not to mention the labor-intensive work of teaching and grading those things—given insufficient attention or, worse, being pushed behind other expectations for our students? (Ed.: Rambling blog posts don’t help!) If the big ideas to change legal education aren't addressing the big complaint from employers, then are we missing something? And why is it that our existing changes--including robust legal writing courses and more elective upper-division drafting courses--have not been a sufficient cure?

One more: "practice-ready" graduates. We've saturated the curriculum with, as I mentioned, clinical courses, experiential courses, simulated courses, practicums, externships, and part-time jobs. Aren't these making our students "practice-ready"? If not, why is the answer, more or different? Are some of these working better than others? Do employers think some of these are working better than others? Recent graduates?

My confession is... I'm not confident on how to answer many of these questions. I have some hunches, but they are just that. Which leads me to two things that, I think, law schools should be doing before instituting new changes or anticipating how to develop programs for the future.

First, a very hard internal assessment of existing programs should take place. That includes evaluating what each program is supposed to do and whether it’s achieving what it was designed to do—or, if it’s not doing that, whether it can be improved, altered, or, perhaps, shut down. That probably includes some longitudinal studies of alumni. But these seem to be exceedingly rare. (One rare exception, in my mind: an important survey was a 2011 survey of George Washington University alumni on the most valuable elective courses. Others, like After the JD, have been valuable, but often at a macr0 level.)

Second, schools should reexamination the role of administrators. We’ve seen a dramatic increase in administrators in higher education generally and in law schools (at least when compared to faculty) specifically. Administrators (in my humble opinion) ought to view their objectives as reducing barriers or complications in students’ lives—greasing the skids, if you will, to make the student experience more seamless and providing greater opportunities to engage in the more meaningful activities, from deep thinking to rigorous writing to professional excellence. To the extent that administrators are adding more requirements to students (ed.: or faculty?)—taking precious hours from their days through lunch-hour presentations, reporting requirements, or other compulsory time-consuming activities, for instance—the law school does a disservice to its students. That’s not to say that students might need something new that hasn’t been done. But that should go through rigorous vetting and should only consume student time once the administration has figured out how to minimize the burden on student time.

Now, to "quickly," as in, "Before moving too quickly...." Many from the Legal Ed's Future posts might laugh out loud at this preface. The posts often had an urgency to them, critical of existing legal education perspectives and structures--change is too slow, the market is changing faster than legal education, we risk being left behind, etc.

I confess, I'm more Burkean when it comes to these matters. I think we may (may!) often get more mileage out of doing an existing thing better than chasing a new thing to incorporate into our catalog. I think that many of the changes over the last century reflect an episodic and, accordingly, incomplete view of what legal education ought to be. As each new thing is added or changed, it is usually in pursuit of a particular end that is no longer in sight, or that the means adopted do not meaningfully address that desired end. Legal education now contains vestigial changes of added cost and complexity with dubious value. Before lunging ahead into more such stuff, then, I think a little caution and perspective is in order.

Sure, such words can be the words of the obstructionist who demands "caution" as a means for inaction or to protect the status quo. But, for me, at least, I ask for a little charity. I'm not in a kind of "get off my lawn," "there's only one way to do things, the way we've always done them." I am whole-heartedly willing to embrace changes to legal education when a sufficient case has been made (and it's my instinct, occasionally with a little evidence, that many such changes in the last century have been for the better--for instance, moving away from a mostly-required curriculum where we expect students to memorize most of the existing law gave way once we saw the increasing complexity of law, the variety of ways it might be practiced, and increased specialization--even if I wonder whether our existing curriculum is the right balance of stuff). but I'd also like to look a little more comprehensively and with a greater appreciation of history than, I think, may be occurring in many of our well-intentioned and well-meaning debates.

Posted by Derek Muller on April 16, 2018 at 09:16 AM in Teaching Law | Permalink | Comments (1)

Saturday, April 14, 2018

If everyone is a Nazi . . .

Josh Blackman wrote at length about being the target of protests at CUNY Law when he went to do a Fed Soc lecture on free speech on campus. Josh's post includes photos of the gauntlet of signs he walked in the hallway, as well as events inside the room. After several minutes of organized interruptions (including one law student exclaiming "fuck the law") and a warning from school administrators, Josh was able to engage with some audience members and the protesters left the room, after which Blackman did Q&A with the remaining students for more than an hour.

The underlying premise of many protests and attempts at "no-platforming" begin from the premise that the appropriate First Amendment rule, whatever the First Amendment's scope otherwise, should be "no free speech for Nazis and white supremacists." Putting aside the other problems with such a rule, its core problem is that it seems inevitable that everyone becomes (or at least everyone who disagrees with you) becomes a Nazi and white supremacist who must be shut down. Many of the protest signs reflect this misunderstanding.

Erica Goldberg tries to identify the line between the right to speech and the right to protest speech, drawing the line at "coordinated efforts to silence a speaker." Erica distinguishes "an errant 'hey, you're wrong'" from "an effective, premeditated campaign" to shout down a speaker invited to use a designated forum. She also suggests drawing a line around "[s]ubstantive, informed, respectful discussions" and "civil, open-minded, orderly discourse."

I have been trying to identify the same lines, focusing on location (protesters inside the forum v. protesters outside the forum). Erica suggests that some forms of protest, including some verbal protest, are permissible within the forum, which is broader than I had thought of going. But I question whether coordination or terms such as substantive, civil, and open-minded can do much work. The First Amendment does not trust the government to define these terms (and where they begin or end) anymore than it trusts the government to pay a principled line between unprotected outrageous caricatures and protected sharp political commentary. Or between a protected conservative and an unprotected white supremacist.

Posted by Howard Wasserman on April 14, 2018 at 04:18 PM in First Amendment, Howard Wasserman, Law and Politics, Teaching Law | Permalink | Comments (16)

Friday, April 13, 2018

The myth of the stagnant law school curriculum

I didn't want to jump too quickly into the legal ed discussion after 60-some posts over 5 weeks here at Prawfs. But Dean Dan Rodriguez highlighted a comment from ABA President Hilarie Bass today, and I thought I'd stew on that for moment (before returning to legal ed next week). The comment: "We are teaching in law schools the same way we have for 100 years."

Even if a paraphrase, it's consistent with several comments to that effect in the early posts of the Future Legal Ed posts. Instead, I confess I find laments among some that we’re living in a Langdellian environment of legal education largely incorrect and want to share a few brief thoughts on what legal education looks like today as opposed to a hundred years ago.

Langdell envisioned a two-year, entirely fixed, classroom-based curriculum without an accrediting body; we now have a three-year, mostly-elective, some field and some classroom curriculum that the ABA at times micromanages. We had an entirely optional system of education that was unnecessary to take the bar exam; now, it's a precondition to the bar in most jurisdictions (indeed, it makes one wonder why the ABA is still accrediting law schools). Faculty spent little time engaging in the scholarly enterprise; today, that is emphatically not the case.

True, most first-year curricula today include substantial common-law courses using the casebook method and a (highly modified) version of the Socratic method so yes, a first-year student in 1918 might have expected a prawf to cold call on him (ed.: not a lot of hers back then) and ask to recite the facts of Hadley v. Baxendale (which isn't a terribly Socratic question, to be honest). But most first-year courses are not year-long courses as they were 100 years ago; we have exams (err, "assessment") at the end of the semester, not the end of the year (think The Paper Chase); legal research and writing has moved from nonexistent to (typically) a 4-unit course in the first year; courses like legislation, now-mandatory ethics, or electives are now a part of many first-year curricula.

We’ve seen a dramatic rise in student assistance related to career development, academic success, bar preparation, and professional formation. Students engage in more clinical courses, experiential courses, simulated courses, practicums, externships, part-time jobs, and study-abroad programs. There are more journals, more advocacy competitions, and more student organizations.

Schools have dramatically altered their curricula over the last couple of decades. Schools have seen a surge in intellectual property, international/comparative law, and alternative dispute resolution courses since 1992. (Note: the ABA also has a 2002-2010 study, but sadly a free PDF is not available.) Schools have, in contrast, cut back on admiralty, products liability, agricultural law, and trusts & estates. They’ve developed increasing specialization or certificate programs. Upper-division drafting courses (such as contract drafting, litigation drafting, and legislative drafting) have exploded in popularity.

Now... to briefly take another example, Westlaw uses the same Keycite system it’s been using for 150 years, but few, I think, consider this a sufficiently-similar touchstone to say that Westlaw is “basically” the same as it was back then. So what is it about legal education that attracts this myth that it looks basically the same?

My sense is that some believe legal education is not changing (or has not changed) quickly enough. But rather than state that we need to do X, Y, and Z (although that inevitably comes), or that we're not doing it quickly enough, a false narrative is projected onto legal education: you haven't changed, you see, so now is the time to start. In reality, I think, we dramatically understate the changes in legal education when we ignore these many, many changes over the last century (indeed, mostly over the last half-century, and some in the last decade). Maybe more is required. But it is assuredly not because a lack of change.

(It’s a slightly different reflection than Professor Harold Krent’s correct and important observation that law school has changed significantly in the recent past, or from Professor Deborah Merritt's that past changes have been welcome, grudguing, slow, and perhaps without the impact we may desire.)

So, what about these changes? Were they good, right, beneficial, useful, valuable? More on that to come....

Posted by Derek Muller on April 13, 2018 at 09:24 AM in Teaching Law | Permalink | Comments (1)

Monday, March 19, 2018

Writing is Architecture First, Interior Design is Secondary: On Trains, Houses & Pyramids

That's a variation on Hemingway, again. I posted a few days ago a fun, though a bit random list of quotes about writing (oh the Internet, where curating quotes has become the soul-less pastime of too many who've never actually read those they quote. May we always quote soulfully is my wish to us prawfs and writers at large...). Hemingway said prose is architecture, not interior design and that the Baroque is over. I think he meant that the substantive of what you want to say needs to guide the writing and that you need to write in a punchy concise way, avoiding fluff for merely decorative purpose. Say what you mean and mean what you say and get rid of all the garnish. I like garnish and I think interior design is important too. I'd even argue for bringing a bit of Baroque back (Bach J), carefully . But I completely agree that the structure is first and foremost in writing a good article or book. The bare bones are the piece of the writing puzzle that needs to be done right.

Today I spoke with my seminar students about their research projects and I thought I'd offer here, as a second installation of posts about writing, the metaphors I use with my students to help us think about structure. One of my favorite teachers in law school, who later became one of my doctoral advisors, was Martha Minow. I remember her telling us in a seminar on law and social justice, similar to the one I teach today, that you can write a house or a train. I think she said houses are what books look like and trains are articles. I don't agree with that division, I think both articles and books can be houses or trains. But the visual I've always found useful in thinking about what I am doing and how to build my project. If you are building a house, you take the reader with you through a pathway into a place where you have a nice entrance, a main hall and some public spaces, and then doors, and windows into rooms, each holding an interesting set of ideas about a related topic. Together the house makes sense but each room also stands on its own. If you are building a train, you think linearly about your project. It could be chronological or it could be a problem in search of a solution and the solution unfolds as your present and analyze layers of evidence, perhaps empirical data, theoretical arguments, policy claims. To the houses and trains I added today in class the visuals of pyramids and reverse pyramids. In every discipline, a good portion of research involves the qualities of lumping or splitting. In legal scholarship, often insights come from taking a broad issue, a broad base of a pyramid, a classifying and regrouping the issues to show how we actually have separate questions emerging from different subcategories and these should be addressed distinctly. We also often have insights when we look sideways, from a reverse pyramid narrow tip into horizontal fields, related topics that offer new insights. Research is often an import-export business.

I don’t know if these visuals are useful only to me or beyond but I’ve found that sketching my next writing project, including actually drawing stuff, not just outlining gets me into better architectural shape and only then can I begin to think about the décor.  

Posted by Orly Lobel on March 19, 2018 at 05:22 PM in Blogging, Legal Theory, Life of Law Schools, Odd World, Teaching Law | Permalink | Comments (1)

Thursday, March 08, 2018

The Immigration Nexus: Law, Politics, and Constitutional Identity (Updated)

I am in Portland today for the 2018 Spring Symposium of Lewis & Clark Law Review, The Immigration Nexus: Law, Politics, and Constitutional Identity. I will be talking about universal injunctions (and the paper will undergo significant organizational changes in the next draft, as I incorporate helpful reader comments and a different focus that I discovered in preparing my talk) and Amanda Frost will present her paper in support of them (we actually are close on a lot of the underlying issues).

Video of the Event is here.

Spring 2018 Law Review Symposium: The Immigration Nexus: Law, Politics, and Constitutional Identity

Date: 1:00pm - 5:00pm PST March 9 Location: Erskine B. Wood Hall

 

 
 
 

1:00 p.m. PANEL ONE

(Moderator: Associate Dean John Parry)

OPPORTUNITIES & ANXIETIES: A STUDY OF INTERNATIONAL STUDENTS IN THE TRUMP ERA

Kit Johnson

THE CONSTITUTION AND THE TRUMP TRAVEL BAN

Earl Maltz

UNIVERSAL NOT NATIONWIDE AND NOT APPROPRIATE: ON THE SCOPE OF INJUNCTIONS IN CONSTITUTIONAL LITIGATION

Howard Wasserman

IN DEFENSE OF UNIVERSAL INJUNCTIONS

Amanda Frost

 

3:15 p.m. PANEL TWO

(Moderator: Professor Juliet Stumpf)

WHO NEEDS DACA OR THE DREAM ACT?

Susan Dussault

THE IMMIGRATION-WELFARE NEXUS IN A NEW ERA?

Andrew Hammond

THE 20-YEAR ATTACK ON ASYLUM SEEKERS

Kari Hong

Posted by Howard Wasserman on March 8, 2018 at 11:50 PM in Article Spotlight, Howard Wasserman, Teaching Law | Permalink | Comments (0)

Thursday, February 22, 2018

Meta-Ranking of Flagship US Law Reviews

Two years ago, PrawfsGuest Bryce Newell (now at University of Kentucky) created a meta-ranking of the top US law reviews. On his personal blog, Bryce has updated the ranking (in sortable format) for 2018. Worth a look in contemplating where to submit and publish in the new submission cycle.

Posted by Howard Wasserman on February 22, 2018 at 11:44 AM in Teaching Law | Permalink | Comments (23)

Thursday, February 08, 2018

Yale Center for Private Law: Fellowship in Private Law

The Yale Law School Center for Private Law is now accepting applications for the 2018-19 Fellow in Private Law. The Fellowship in Private Law is a full-time, one-year residential appointment, with the possibility of reappointment. The Fellowship is designed for graduates of law or related Ph.D. programs who are interested in pursuing an academic career and whose research is related to any of the Center for Private Law's research areas, which include contracts (including commercial law, corporate finance, bankruptcy, and dispute resolution), property (including intellectual property), and torts. More information is available here.

Posted by Administrators on February 8, 2018 at 08:14 PM in Teaching Law | Permalink | Comments (0)

Tuesday, February 06, 2018

Northwestern University Law Review empirical scholarship issue

The Northwestern University Law Review is pleased to announce its first annual issue dedicated to empirical legal scholarship, to be published in spring 2019. We welcome pieces making use of any and all empirical tools—including qualitative, quantitative, and mixed methods—to illuminate and engage questions of legal interest.

The exclusive submission window for this issue will run from March 15 - April 15, 2018. All pieces of interest will be anonymously reviewed by members of the Northwestern University Law Review’s Empirical Advisory Board, comprised of faculty from Northwestern and the American Bar Foundation, in advance of publication decisions to be issued by July 31, 2018.

In exchange for this prioritized consideration, participating authors agree to withhold the article submitted through our exclusive submission track from submission to any other publication until receiving a decision back from the Law Review. By submitting an article via the exclusive submission track, the author agrees to accept a binding publication offer, should one be extended. Please note that some pieces may be conditionally accepted upon the advice of advisory board reviewers.

Please contact Northwestern University Law Review Empirical Articles Editor Meredith McBride with questions at meredithmcbride2019@nlaw.northwestern.edu.

Posted by Administrators on February 6, 2018 at 05:06 PM in Teaching Law | Permalink | Comments (0)

Monday, January 29, 2018

CFP: 4th Annual Civil Procedure Workshop (Nov. 9-10, 2018)

The following announcement comes from Brooke Coleman (Seattle), David Marcus (Arizona), and Liz Porter (Washington), now joined by Norman Spaulding and the Civ Pro people at Stanford.

We are excited to announce the fourth annual Civil Procedure Workshop, to be held Stanford Law School in Palo Alto, California on November 9-10, 2018.

The CPW gives both emerging and established civil procedure scholars an opportunity to gather with colleagues and present their work to an expert audience.

Scholars will present their papers in small panel sessions. A senior scholar will moderate each panel and lead the commentary. In addition to paper presentations, we intend to engage members of the judiciary and federal civil rulemaking bodies in discussions about current developments in procedure. Our ongoing goal is for the CPW to strengthen the study of procedure as an academic discipline, and to deepen ties among the academy, rulemakers, and the judiciary.

Confirmed participants for 2018 include the Hon. Diane Wood, Janet Alexander, Elizabeth Burch, Margaret Lemos, David Engstrom, Myriam Gilles, and Deborah Hensler. We welcome all civil procedure scholars to attend. Those wishing to present a paper for discussion should submit a two-page abstract by March 23, 2018. While we welcome papers from both emerging and senior scholars, preference may be given to those who have been teaching for less than ten years.

We will select papers to be presented by May 4, 2018. Please send all submissions or related questions to Norman Spaulding.

The CPW will provide meals for registrants. Participants must cover travel and lodging costs. We will provide information about reasonably priced hotels as the date approaches. Feel free to contact us with questions.


Norman Spaulding (Stanford), nspaulding@law.stanford.edu
Dave Marcus (Arizona), dmarcus@email.arizona.edu
Liz Porter (UW), egporter@uw.edu
Brooke Coleman (Seattle U), colemanb@seattleu.edu

Posted by Howard Wasserman on January 29, 2018 at 01:41 PM in Civil Procedure, Teaching Law | Permalink | Comments (0)

Wednesday, January 17, 2018

Call for Submissions: Yale/Stanford/Harvard Junior Faculty Forum

The following is from the Yale/Stanford/Harvard Junior Faculty Forum, to be held at Harvard on June 13-14.

Yale, Stanford, and Harvard Law Schools are soliciting submissions for the 19th session of the Yale/Stanford/Harvard Junior Faculty Forum, to be held at Harvard Law School on June 13-14, 2018. Twelve to twenty junior scholars (with one to seven years in teaching) will be chosen, through a blind selection process, to present their work at the Forum. One or more senior scholars will comment on each paper. The audience will include the participating junior faculty, faculty from the host institutions, and invited guests. The goal of the Forum is to promote in-depth discussion about particular papers and more general reflections on broader methodological issues, as well as to foster a stronger sense of community among American legal scholars, particularly by strengthening ties between new and veteran professors.

TOPICS: Each year the Forum invites submissions on selected topics in public and private law, legal theory, and law and humanities topics, alternating loosely between public law and humanities subjects in one year, and private law and dispute resolution in the next. For the upcoming 2018 meeting, the topics will cover these areas of the law:


- Administrative Law

- Constitutional Law—theoretical foundations

- Constitutional Law—historical foundations

- Criminal Law

- Critical Legal Studies

- Environmental Law

- Family Law

- Jurisprudence and Philosophy

- Law and Humanities

- Legislation and Statutory Interpretation

- Public International Law

- Race/Gender Studies/Antidiscrimination

- Workplace Law and Social Welfare Policy


A jury of accomplished scholars, not necessarily from Yale, Stanford, or Harvard, will choose the papers to be presented. There is no publication commitment. Yale, Stanford, or Harvard will pay presenters' and commentators' travel expenses, though international flights may be only partially reimbursed.

QUALIFICATIONS: Authors who teach at a U.S. law school in a tenured or tenure-track position and have not have been teaching at either of those ranks for a total of more than seven years are eligible to submit their work. American citizens or permanent residents teaching abroad are also eligible provided that they have held a faculty position or the equivalent, including positions comparable to junior faculty positions in research institutions, for fewer than seven years and that they earned their last degree after 2008. International scholars are not eligible for this forum, but are invited to submit to the Stanford International Junior Faculty Forum. We accept co-authored submissions, but each of the coauthors must be individually eligible to participate in the JFF. Papers that will be published prior to the Forum are not eligible. There is no limit on the number of submissions by any individual author. Junior faculty from Yale, Stanford, and Harvard are not eligible. 


PAPER SUBMISSION PROCEDURE:

Electronic submissions should be sent to Rebecca Tushnet at rtushnet@law.harvard.edu, with the subject line “Junior Faculty Forum.” The deadline for submissions is March 1, 2018. Remove all references to the author(s) in the paper. Please include in the text of the email and also as a separate attachment a cover letter listing your name, the title of your paper, your contact email and address through June 2018, and which topic your paper falls under. Each paper may only be considered under one topic. Any questions about the submission procedure should be directed both to Rebecca Tushnet and her assistant, Andrew Matthiesen (amatthiessen@law.harvard.edu).

FURTHER INFORMATION: Inquiries concerning the Forum should be sent to Matthew Stephenson (mstephen@law.harvard.edu) or Rebecca Tushnet (rtushnet@law.harvard.edu) at Harvard Law School, Richard Ford (rford@stanford.edu) at Stanford Law School, or Christine Jolls (christine.jolls@yale.edu) or Yair Listokin (yair.listokin@yale.edu) at Yale Law School.

Richard Ford

Christine Jolls

Yair Listokin

Matthew Stephenson

Rebecca Tushnet

Posted by Howard Wasserman on January 17, 2018 at 12:26 PM in Teaching Law | Permalink | Comments (0)

A competing voice on laptop bans

Ruth Colker (Ohio State) in Cardozo Law Review. Colker comes at the question from the standpoint of working with students with a range of disabilities and learning styles, as well as an impromptu empirical study comparing performance of laptop users and non-laptop users in her Con Law class. She argues that these results may tell us more than the leading empirical studies, which took place in an artificial setting and did not account for real law students reading and preparing in advance or for real law students having a strong motive to prepare and learn, regardless of which group they were in.

Worth a read.

Posted by Howard Wasserman on January 17, 2018 at 10:31 AM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Monday, January 01, 2018

Sokal Hoax at 20

The Chronicle of Higher Education has an oral history of the Sokal Hoax, which is now twenty years old. Some of those interviewed discuss this incident in light of recent attacks on the academy, science, and the idea of "truth." An interesting read.

Posted by Howard Wasserman on January 1, 2018 at 04:12 PM in Howard Wasserman, Teaching Law | Permalink | Comments (2)

Thursday, December 21, 2017

Sponsored Post: Teaching PR through simulations

The following post is by Alex Long, Associate Dean for Academic Affairs & Doug Blaze Distinguished Professor of Law at The University of Tennessee College of Law, and is sponsored by West Academic.

When I first started teaching Professional Responsibility many years ago, I had a student make the following suggestion to me after class one day: if a student can pass the Multistate Professional Responsibility Exam (MPRE) without first having taken Professional Responsibility, the student shouldn’t have to take Professional Responsibility in law school. The student suggested that I raise that idea with our dean. At the time I didn’t have tenure, so I forced a polite smile and counted to three and told the student I’d look into it.

I’ve reflected on that event numerous times throughout the years and pondered why this student thought his logic should apply to the MPRE but not necessarily the entire bar exam. Why does anyone need to take any law school course if one can pass a test on the subject matter before taking the course? I think the most obvious reason why the student thought this way about PR is that the student viewed the MPRE merely as a hoop one must jump through that can be navigated simply by choosing “the most ethical” answer choice or excluding answer choices that “don’t pass the smell test.” In contrast, most people realize they can’t pass a multiple-choice test on Civil Procedure without first having taken Civil Procedure. For whatever reason, many students approach PR as a course involving theoretical, but impractical, discussions of intuitive principles (but not real “rules”).

I spend much of my time in PR trying to disabuse students of the notions that “do the right thing” is a reliable maxim for dealing with issues of professional responsibility and that the issues we cover aren’t likely to matter in practice. Over the years, I’ve found that one of the best ways of doing that is to have them work through simulation exercises that force them to approach ethical issues the way a lawyer would and that involve ethical issues with not-so-intuitive controlling rules. To that end, my colleague Paula Schaefer and I started developing some of these simulation exercises and incorporating them into our PR classes. (West Academic Publishing recently published them as part of their Developing Professional Skills series.)

For example, we have an exercise in which students are asked, first, to evaluate whether their firm has a conflict of interest involving a lucrative and longstanding client and, second, to break the bad news to the client by writing a letter if the answer is yes. The “do the right thing” maxim would prove essentially worthless in determining whether a conflict exists, and human nature is to resist any conclusion that might end up costing one’s employer money. One of Paula’s exercises requires students to “bill” the time they spend preparing for classes over a three-day period, thus illustrating how the task of billing time to a client is more complicated than it sounds, how easy it is for clients to get overbilled, and how even a lawyer who wants “to do the right thing” by a client may end up not doing so. I know other folks in the field sometimes use similar exercises.

All of these exercises are just part of the ongoing attempt to help students appreciate the real-world application of the rules they read about in their casebooks. But for whatever reason, PR seems to have lagged behind this trend. That’s unfortunate, because there are actually some issues in PR that are not only highly relevant to real
practice but are actually kind of interesting. I’ve incorporated these sorts of exercises into my Torts class for a few years now. But keeping students’ attention and making them appreciate the value of the material is not the challenge in Torts that it is with PR. I’m sure there are plenty of other courses for which the same could be said. For those who teach courses like PR where student resistance and skepticism are obstacles to overcome, I thoroughly recommend using these kinds of exercises to help students appreciate the hidden beauty of the subject matter.

Posted by Howard Wasserman on December 21, 2017 at 05:09 PM in Teaching Law | Permalink | Comments (0)

Sunday, December 10, 2017

Dean Search: FIU College of Law

After the jump is the ad for the Dean position at FIU College of Law. I am a member of the search committee. And while I am biased, I think this is a good job at a rising school with a lot of upside--public-school tuition, small student-body, great bar-passage and employment numbers, good entering-student numbers, and a productive faculty.

Dean, College of Law

Florida International University

Miami, Florida

Florida International University seeks an energetic, practical, and visionary leader with a commitment to scholarly excellence and diversity to serve as Dean of the College of Law.  Candidates with exceptional academic, public sector, or private sector experience as successful legal practitioners within complex organizational settings that involve multiple stakeholders are invited to apply.  FIU is a vibrant comprehensive university offering 180 bachelor’s, master’s and doctoral programs in 12 colleges and schools.  FIU is Carnegie-designated as both a research university with highest research activity and a community-engaged university.  Located in the heart of the multicultural South Florida urban region, FIU’s multiple campuses serve over 54,000 students, placing FIU among the ten largest universities in the nation.  Annual research expenditures in excess of $132 million and a deep commitment to engagement have made FIU the go-to solutions center for local to global issues alike.  FIU leads the nation in awarding undergraduate and graduate degrees, including in the STEM fields, to minority students.  FIU’s students reflect Miami’s diverse population, earning FIU the designation of Hispanic-Serving Institution. 

The College of Law (FIU Law) is the only public law school in South Florida, founded on the idea that a high-quality legal education should be affordable and accessible to a broad, diverse community with a commitment to public service.  FIU Law’s mission is to offer a high-quality legal education attuned to the challenges of globalization and devoted to serving the local, national, and international communities.  FIU Law prides itself on graduating professional, globalized, and culturally savvy future lawyers committed to public service.  FIU Law offers the Juris Doctor (JD) degree, a Masters of Law for Foreign Lawyers (LL.M.), a Juris Master (JM) degree for non-lawyers, and a variety of joint masters’ programs.  In fall 2017, the JD program enrolled 457 students and the LL.M. program enrolled 31 students from 12 countries.  These students are taught by a diverse faculty of 31 full-time and 46 part-time teachers.  FIU Law is accredited by the American Bar Association (ABA) and is an accredited member of the Association of American Law Schools (AALS).   FIU Law ranks as the most diverse law school in Florida and graduates the highest percentage of Hispanic attorneys of any law school in the nation.  FIU Law ranked number one in the state in the last four July examinations administered by the Florida Board of Bar Examiners. 

Reporting to the Provost, Executive Vice President and Chief Operating Officer, the Dean is the chief executive and administrative officer of FIU Law.  The Dean provides active leadership in the promotion, direction, support, and growth of the educational, research, and fundraising activities of FIU Law, maintenance of a high level of morale among the faculty, and encouragement of the spirit of learning among students.  The Dean represents FIU Law in the community and identifies and hosts relevant community leaders and activities on campus.  As chief executive, the Dean is responsible for the management and allocation of the budget, market-rate programs, and philanthropy, as well as compliance with accreditation standards, community outreach, marketing and enrollment, interdisciplinary initiatives, global outreach, and the effective management of FIU Law’s administrative and financial affairs.  The Dean consults with the faculty in designing the FIU Law strategic plan and sets the tone for FIU Law in encouraging excellence, recognizing achievement, and supporting appointments and promotions based on merit.  The Dean is responsible for increasing academic excellence, creating opportunities for students, and fostering a collaborative spirit in FIU Law and with other colleges.

For this exceptional opportunity, the University seeks an innovative leader and strategic thinker with a broad understanding of the challenges facing legal education, and the ability to articulate a vision that positions FIU Law as a successful enterprise within a complex and growing public research university. The successful candidate will have the reputation, stature, skills, and credibility to attract strong faculty and students, to foster a scholarly community, and to obtain financial and other resources to strengthen FIU Law.  S/he will possess a record of intellectual or professional accomplishments, also warranting appointment to the rank of tenured full professor; demonstrated ability in financial and human resources management, collaboration, and fundraising; a spirit of innovation; a strong external focus; and the ability to work within a diverse and multicultural environment. The successful candidate will have a record of fostering excellence in instruction, research, and service; a commitment to strengthening and supporting scholarship; and dedication to promoting faculty and student success.  A JD or equivalent degree is required.  

Screening will begin in mid-January and continue until an appointment is made.  Nominations, inquiries, and applications (including a cover letter, curriculum vitae, and the names of five references) should be directed electronically to FIU_LawDean@Divsearch.com.

Kim M. Morrisson, Ph.D., Senior Managing Director or John Mestepey, Managing Director

Nancy Helfman, Vice President and Senior Associate

Diversified Search

2005 Market Street, Suite 3300, Philadelphia, PA  19103

215-656-3579

 

FIU is a member of the State University System of Florida and an Equal Opportunity, Equal Access Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status, or any other characteristic protected by law.

For more information, visit www.fiu.edu  

Posted by Administrators on December 10, 2017 at 06:26 PM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Tuesday, December 05, 2017

Accepting GRE

With BYU, eleven schools will accept the GRE rather than the LSAT from prospective students. I would like to hear, especially from anyone teaching at or affiliated with those eleven schools, about the pros and cons of this move. And since we have permanent bloggers and past guests at both schools, I hope for some input.

The LSAT is not so tied to what we do in law school that it is an obviously superior predictor of success. Both include logic games (how to seat five people in one car when everyone hates everyone else). One pro is that law schools can better compete for the college senior who is torn between grad school and law school--a law school can recruit her without making her prepare for and take another test. I cannot think of any disadvantages, frankly. What are the two sides?

Posted by Howard Wasserman on December 5, 2017 at 05:07 PM in Howard Wasserman, Teaching Law | Permalink | Comments (7)

Friday, November 24, 2017

Another voice on banning laptops

This time it is Susan Dynarski (Economics at Michigan). Nothing new in the piece, since the studies she cites (UCLA/Princeton and West Point) are a few years old at this point. She does close by arguing that the same conclusion should apply to middle and high schools and to business meetings.

Posted by Howard Wasserman on November 24, 2017 at 03:55 PM in Howard Wasserman, Teaching Law | Permalink | Comments (5)

Monday, November 20, 2017

Fed Courts by treatise--the results

I wrote at the beginning of the semester about my plan to teach Fed Courts without a casebook or cases, but relying largely on the Chemerinsky and Pfander treatises (supplemented by a few cases, statutes, rules, etc.). We have two classes remaining in the semester, but today I administered a survey on the materials and this teaching approach.

Overall, I was happy with how things went this way. Students were generally very well-prepared and ready to answer almost anything I threw at them. The occasional lapse came where the questions went to something that was not covered in the treatise discussion (often about factual or procedural backgrounds). I perhaps lectured on preliminary information a bit more in spots, where the treatises focused on different pieces of a case than the casebook I previously used (Low, Jeffries, and Bradley). One obvious place was in the discussion of Atlantic Coast Line v. Brotherhood of Engineers, where the treatises paid less attention than the casebook to the effect of on-point SCOTUS precedent on the § 2283 analysis. But this was the exception rather than the rule--between them, the two books gave the students everything they needed to participate in the discussion I was trying to lead. I also was pleased (if surprised) that some students read the highlighted cases in addition to the treatises. I taught the same basic class I have been teaching for several years, but got much further than I have in recent years--this is the first time in four years that I have reached the material on jurisdiction-stripping and congressional control over court structure.

The survey results and comments suggest the students liked the approach. Of the 12 responses (out of 13 in the class), 7 "strongly agreed" this was an effective way to learn the material and prepare for class, 8 "strongly agreed" it was more enjoyable than working from a casebook or cases, and 9 "strongly agreed" that I should teach from these materials in the future. The comments suggested a general view that this method of prep was helpful to seeing the big picture at which we engaged with the material in class. And the general level of engagement throughout the semester shows that the students were doing the reading and preparing well for class.

So, all-in-all, it worked well. The students and I were happy and it allowed me to cover all the material I wanted to in the way I wanted to. I think I have found my way going forward in this class. And I will follow the same approach for Civil Rights in the spring, working from my treatise* that is basically my class in book form, along with puzzles for class discussion.

[*] Second Edition coming to supermarket checkout lines near you in 2018.

Posted by Howard Wasserman on November 20, 2017 at 08:26 PM in Howard Wasserman, Teaching Law | Permalink | Comments (3)

Saturday, November 11, 2017

Equality Law Scholars’ Forum

Equality Law Scholars’ Forum

Friday, November 17 – Saturday, November 18, 2017

The Forum is designed to provide junior scholars with commentary and critique by their more senior colleagues in the legal academy and, more broadly, to foster development and understanding of new scholarly currents across equality law. 


The Forum will feature five presenters (chosen from over 50 submissions):

Age, Law, and Egalitarianism

Alexander Boni-Saenz,Assistant Professor of Law, Chicago-Kent Law

 

Color-Blind But Not Color-Deaf: Accent Discrimination in Jury Selection

Jasmine Rose Gonzales, Assistant Professor of Law, University of Pittsburgh Law

 

Colorable Claims of Discrimination

Vinay Harpalani, Associate Professor of Law, Savannah Law School

 

Scapegoating Abortion Rights: The Conservative Revolution and the Economic Decline of the Working Class
Yvonne Lindgren, Visiting Professor of Law, University of San Francisco

 

Public Labor Unions as Democracy Facilitators for the Working Class

Courtlyn Roser-Jones, Hastie Fellow, University of Wisconsin Law School

 

The event is co-organized by Tristin Green, USF Law, Angela Onwuachi-Willig, UC Berkeley Law, and Leticia Saucedo, UC Davis Law. 

Financial support is provided by the Haas Institute for a Fair and Inclusive Society at UC Berkeley, the UC Davis School of Law, and the UC Irvine School of Law.

 

Comment and critique will be provided by the following scholars:

Khiara Bridges, Boston University Law

Catherine Fisk, Berkeley Law

Jonathan Glater, UC Irvine Law

Tristin Green, University of San Francisco Law

Ariela Gross, USC Law

Trina Jones, Duke Law

Osagie Obasogie, Berkeley Public Health

Angela Onwuachi-Willig, Berkeley Law

Leticia Saucedo, UC Davis Law

Michael Waterstone, Loyola-Los Angeles Law                       

 

We will also hold a panel discussion on Producing Scholarship in Equality Law with the following panelists participating:

Kathy Abrams, Berkeley Law

Catherine Albiston, Berkeley Law

Camille Gear Rich, USC Law

Vicky Plaut, Berkeley Law

Russell Robinson, Berkeley Law

Bertrall Ross, Berkeley Law

Jonathan Simon, Berkeley Law

Posted by Howard Wasserman on November 11, 2017 at 09:31 AM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Thursday, November 02, 2017

CFP: SEALS Works-in-Progress

Announcement Here. Lou Virelli (Stetson) organizes these and they are great mini (3-4 people) workshops.

Posted by Howard Wasserman on November 2, 2017 at 10:20 AM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Friday, October 20, 2017

Supreme Court Fellows Program – Call for Applications

The Supreme Court Fellows Commission is accepting applications through November 3, 2017, for one-year fellowships to begin in August or September 2018.  The Commission will select four talented individuals to engage in the work of the Supreme Court of the United States, the Administrative Office of the United States Courts, the Federal Judicial Center, or the United States Sentencing Commission.  Fellows gain practical exposure to judicial administration, policy development, and education.  In each of the four placements, the Fellow will be expected to produce a publishable paper and will have unique access to federal judges, and to officers and staff of the federal judiciary, in connection with the research project. 

The Commission is especially seeking applicants who are completing or have recently completed a judicial clerkship, and are interested in pursuing an academic career or a career in public service.  Fellows will receive compensation equivalent to the GS-13/1 grade and step of the government pay scale (currently $94,796) and will be eligible for health insurance and other benefits offered to employees of the federal judiciary.  Appointments are full-time and based in Washington, D.C.  A small group of finalists will be invited to interview with the Commission at the Supreme Court in February 2018, and finalists will be contacted on selection decisions within one to two weeks after interviews.

Further information and the online application are available on the Supreme Court’s website.

Posted by Howard Wasserman on October 20, 2017 at 05:34 PM in Teaching Law | Permalink | Comments (0)

Wednesday, October 18, 2017

My Student Guide to Judicial Clerkships

Around this time of the semester I meet with a lot of students who are interested in post-graduation judicial clerkships. UK Law does quite well at placing our students in federal clerkships, so I am happy that there is a buzz among our students about this career path. 

Because my individual meetings with students tend to be quite similar, in that they often have very similar questions, I prepared a guide for them to read before they come to meet with me. It answers some of the most frequent questions I receive. Because I bet that others could also benefit from this guide, I am reproducing it below.

A few caveats: first, some of the advice is specific to Kentucky. Second, these are just my views, so as the kids say, YMMV. Third, I frequently update this guide, so what is below is simply the current version.

With that said, feel free to share with those who may be interested.

Professor Douglas’s Handy-Dandy Guide to Federal Judicial Clerkships

            I am so glad you are considering applying for a federal judicial clerkship! Post-graduation clerkships are amazing jobs. They offer an inside look at judicial decision making, which will help your career no matter what you decide to do. You’ll work side-by-side with a judge who will serve as your guide and mentor. Your writing will improve dramatically. Some people say that a clerkship was the best job they ever had. All in all, if you have the opportunity for a judicial clerkship, then you should go for it!

            Many students ask to meet with me to discuss clerking. I am more than happy to meet, but I ask you read this guide first, as it will likely answer many of your questions. This guide should not serve as a substitute for a meeting; I definitely want to meet with you! But it will hopefully answer some of your initial questions so that we can focus on your specific situation when we meet.

What follows is simply my advice, based on my own clerkship experience and several years of advising students. Others may have different views, and I encourage you to talk to other professors and the Career Development Office for their perspective.

  1. Why should I clerk?

            See above. Clerking is an incredible experience. I use what I learned during my clerkship (for a 5th Circuit judge in Texas) almost every day. And I talk to my judge at least once a month. By clerking you become part of a “clerk family” (notice how I wrote “my judge”). Your co-clerks will become lifelong friends. Clerking can help no matter your ultimate career goals. It will open doors. It will improve your writing. It gives you an instant credibility boost in the eyes of employers. And it will stick with you for your entire career. Notice how every time someone is nominated to the Supreme Court, the media mentions where the person clerked. From a long-range perspective, clerking is an excellent way to begin your career. I have never talked to someone who regretted clerking before starting at a law firm, public interest organization, or other legal employer.

  1. What should I do if I already have an offer at a law firm or other organization?

            Speak with them about your desire to clerk. Most law firms highly value the experience and will hold your spot, at least for a year or two. If you explain your long-term dedication to the firm, they will not think poorly of you for at least exploring the opportunity to clerk. And some firms (though typically not the ones in Kentucky) will even pay a clerkship bonus.

            In addition, more opportunities are likely to arise because you have a clerkship on your resume. A clerkship, then, can improve your future employment prospects.

            That said, the salary of a judicial clerk is nowhere near as high as that of an associate at a law firm, and financial issues are important to consider. Just remember that there’s a long-term payoff, in terms of your overall career, to foregoing the law firm salary for a year if you are able to do so.

  1. Where should I clerk?

            My advice is to apply as broad geographically as you are willing to go for a year or two. If you don’t apply, then there’s a zero percent chance of landing the position (that’s just math!). When I went through the process I applied to about 200 judges all across the country. I really wanted a federal appellate clerkship, so I took a list of all federal appellate judges and deleted those in places where I could not see myself ever moving, even for a year or two. I then added some district court judges in certain geographic locations.

            I would start by thinking about where you have a geographic connection. Did you go to school in another state? Does your best friend live in Wyoming? Do you have a long-lost cousin in South Carolina? Any of these geographic connections can give you a leg up when you are applying. Of course, if you want to stay in Kentucky, then by all means focus on the Kentucky judges. But don’t discount going out of state for a year or two, especially if you can create a geographic connection to the area.

            Another question you may have is what level of judge to target. Generally speaking, federal circuit court clerkships are harder to obtain than federal district court clerkships, which are slightly harder than magistrate and bankruptcy court clerkships. All offer great experiences. Circuit court clerkships tend to be a little more isolated, where you will spend most of your time in chambers, but you can sometimes travel to cool cities for oral argument. These clerkships allow you to dive deeply into tough legal issues. District court and magistrate clerkships tend to have more interaction with lawyers and more time in court, and you’ll learn all about managing a docket. Any of these clerkships will provide tons of interaction with your judge. Come chat with me if you want to discuss this more.

  1. When should I apply?

            Many (but not all) Kentucky federal judges want to see at least three semesters’ worth of grades, which means they will start taking applications after the first semester of your second year. But many out-of-state judges hire even earlier! The best time to begin thinking about clerkships is during the first semester of your second year. You may want to send out some applications in October or November if judges you are targeting are open, while you can send the bulk of the applications after your 2L first semester grades are in.

            Look on Oscar to see which judges are accepting applications now. It’s also ok to call the chambers of a particular judge to see when that judge will start reviewing applications. You’ll most likely speak with the judicial assistant, who is used to receiving these calls.

            It is fine to apply early and then update your application with new information, such as grades, a new writing sample, etc. It is best to have your materials into the chambers as soon as the judge plans to consider applications.

            By the way, state court clerkships are also really great positions. State judges tend to hire later in the process, however, so it is generally ok to apply to federal judges first, and if it does not work out, you can then use your same materials (after updating them) to apply to state court judges.

  1. What should go in my application?
  • A cover letter (letter of transmittal)
  • Resume (one page, unless there are extraordinary circumstances for why you should go onto a second page)
  • Grade sheet (unofficial transcript)
  • Writing sample (your best possible writing)
  • 3 letters of recommendation
  1. What do you mean by “letter of transmittal”?

            Your cover letter should generally do nothing beyond introducing yourself and saying that your application materials are attached. This is not the place to make a case for yourself, explain that you are a strong writer, etc. Almost everyone applying has those same attributes. Ask me sometime to tell you about the ridiculous “Campbell’s Soup” cover letter I once saw. You don’t want to have that letter!

            The one exception here is that your cover letter should explain any geographic connection (or other connection) you may have with that judge. Essentially, you can use 1-3 sentences to explain why specifically you are applying to that judge. If you don’t have a particular reason for targeting that judge, then you do not need to add anything else.

  1. What should I use as a writing sample?

            Your writing sample should be your absolute best writing. What it is is far less important that how good it is. Many judges prefer a student Note, so if that’s ready, you can use it. But you may want to send some applications before it is done. That’s fine. You can use your appellate brief from 1L year, something you wrote over the summer (if your employer gives you permission), etc. The key here is that the writing sample should be flawless – especially on the first few pages and the last page (often judges won’t read beyond that). In terms of length, 10-15 pages is about right, so if your writing sample is longer it is ok to provide an excerpt with a cover letter explaining what it is and saying that the full version is available upon request.

  1. Who should write my letters of recommendation?

            You need at least three letters of recommendation. At least two should be from law professors who had you in class. The third also can be from a law professor (and in most cases that is best), but it is ok to ask someone else if that person is going to write you a glowing letter.

            Generally, you want someone who will write at least two pages about how great of a student you are and how you will be an amazing law clerk. Think about who knows you well, both inside and outside of the classroom. A letter that discusses various aspects of your performance, while also diving into strong personal attributes, is much better than a letter that simply says “this person was in my class and did really well.”

            I ask students who want me to write them a letter to prepare a 1-2 page memo telling me about them: Why did you go to law school? Why do you want to clerk? What are your ultimate career goals? What are your interests? What are some meaningful interactions we have had?

            Professor Chris Walker at Ohio State tweeted some advice for students seeking letters of recommendation. I wholeheartedly agree with his thoughts, which I reproduce in full here:

(1) When reaching out, please include resume, transcript, and talking points.

(2) Talking points should tell me what you want me to cover substantively and bonus points if in a format I could cut and paste into letter.

(3) Talking points are even better if they situate my letter within the context of any other letters, personal statement, etc.

(4) Talking points should include as much detail of our substantive interactions as possible, as that detail really makes the letter.

(5) Don’t assume I'll remember the highlights of our interactions. Remind me. Even when I do remember, your framing is often much better.

(6) Make very clear the deadline, and don’t hesitate to remind me as the date approaches.

(7) Also, if possible, give me the email and phone number of the Judge/partner/etc., so that it makes it easier for me to put in a good word.

(8) Once app submitted, keep your whole team posted on any developments.

(9) If you get an interview or make it to next round, email me again and include email/phone of employer to make it easy to reach out.

(10) Send thank you note once application is submitted. It means a lot for us old fashioned folks, esp hard copy under door makes my day.

(11) Finally, add your references to your holiday card list and let them know of any big life events or achievements over the years. I still let my college and grad school mentors know of life events, and they keep helping me advance in my career. /end

  1. Should I use Oscar or send paper applications?

            Oscar makes it really easy to submit applications to many judges at once. But is also allows judges, on their end, to filter out applications so they see only applicants from certain schools, of a certain GPA, etc. My advice, then, is to send paper applications if the judge accepts both Oscar and paper applications. That way you know that someone in the chambers will actually look at your application.

            That said, paper applications take time and money. You have to compile all of your materials, stuff envelopes, and mail them out. You can assume that you’ll need to spend $2-3 per application, and that can add up! You’ll therefore need to use your judgment on which ones to submit via mail and when to use Oscar.

            As for your recommendations, your professors will receive an email notice for Oscar applications, and we can take care of it from there. You should send us a spreadsheet with judges and addresses for any paper applications. If the letters are ready in time, we can seal them in envelopes and give them to you to put into the packet to mail out. But don’t wait for recommendations if the rest of your application is ready to go; we can send them separately.

  1. What’s next?

            You first task should be to identify who you want to ask for letters of recommendation and contact those people. That’s the only part of the application that you cannot control yourself. It’s ok to give your professors a deadline for the recommendation letter, so long as it is reasonable (a few weeks is about right).

            Your second task should be to decide what you will use as a writing sample and to clean it up to make it as perfect as possible.

            Your third task is to start creating a judge list.

            By this point you’ll be well on your way to applying for clerkships!

            Please come see me if this guide did not answer your question, if you have additional questions, or if you just want to chat about the process.

            Then, please let me know once you’ve applied to judges. And once you receive interview requests, come see me and we can chat about the interview process.

            Good luck!

Posted by Josh Douglas on October 18, 2017 at 10:49 AM in Life of Law Schools, Teaching Law | Permalink | Comments (2)

Thursday, October 12, 2017

Laptops are loud

I banned laptops from my classroom beginning in January 2009 (the first semester following the faculty vote on my tenure) and my only regret was that I did not do so sooner. This was the early days of the anti-laptop push-back. A few professors (including David Cole of Georgetown) had begun identifying and arguing the negative effects, although we did yet have the empirical studies as support. In any event, it ha been about 20 semesters of teaching with no computers in the room.

In the past week, I have visited classrooms of three colleagues (as part of P&T review) who allow laptops. And boy do they make a lot of noise when 20+ students are all typing away at once. I noticed the quiet of no laptops almost immediately in January 2009. I forgot the loudness until this week.

 I know the students in the classes I observed either have in this semester and/or had in past semesters) professors who banned laptops. I remain struck and confused by how little voluntary change there has been. I keep expecting the no-laptop benefits to become so clear that students would recognize and never go back. But it has not happpened. Despite being prohibited from using laptops in Class A, more than half the students in both classes have gone back to using them when allowed to do so in Class B.

Posted by Howard Wasserman on October 12, 2017 at 10:31 AM in Howard Wasserman, Teaching Law | Permalink | Comments (37)

Wednesday, September 20, 2017

Dean Search, Washburn University School of Law

Washburn University invites applications and nominations for the position of Dean of the Washburn University School of Law. The Law School is recognized for its outstanding teaching and faculty scholarship and its commitment to public service. It has a highly favorable student/faculty ratio, with an excellent student body drawn from a national pool.

One of only two law schools in the state of Kansas, Washburn University School of Law is located in Topeka, the state capital. It was established in 1903 and has built a long tradition and legacy of providing an outstanding legal education. Washburn Law offers a broad-based curriculum in national and international law to students enrolled in the J.D., LL.M., and M.S.L. programs. It features six centers for excellence, nine certificate programs, and four dual degree programs. The thirty-two full-time faculty members, along with a strong cohort of adjunct professors, teach and conduct scholarship across a wide array of legal specializations. The Law School enjoys a dedicated staff and strong support from the community.

For more than a century, Washburn Law has demonstrated its commitment to academic excellence, innovation, and diversity. Students choose from nearly 150 courses, including a variety of seminars and clinical offerings. From the first year through graduation, the comprehensive curriculum and innovative programs prepare students for success in the legal profession. For over forty years, Washburn’s Law Clinic has functioned as an in-house general practice law firm, providing students the opportunity to represent actual clients in eight practice areas.

Washburn University School of Law has excelled in the categories most important to our students and alumni: a high-quality curriculum; an exceptional faculty; outstanding library resources; favorable graduation statistics, bar passage rates, and employment outcomes; and affordability. Among other accolades, Washburn University School of Law is ranked #2 in the nation for Government Law and is one of twenty law schools recognized by National Jurist as "Top Law Schools for Government Jobs." Washburn Law is also among the top seventeen law schools in the country for Business and Corporate Law programs. Washburn Law’s Trial Advocacy program is ranked in the top sixteen programs this year.

Washburn Law’s six signature programs – the Center for Law and Government, the Center for Excellence in Advocacy, the Business and Transactional Law Center, the Children and Family Law Center, the Oil and Gas Law Center, and the International and Comparative Law Center establish an extensive learning network for law students and experienced professionals.

Our Legal Analysis, Research, and Writing program is consistently recognized as a top program by U.S. News & World Report, ranked 15th in the nation in the current edition. We are one of only a few law schools in the country with full-time, tenured and tenure-track legal writing professors who are involved in service and scholarship in the national legal writing community.

WashLaw, initiated in 1991 by the Washburn Law Library, is a legal research portal that provides users with links to significant sites of law-related materials on the Internet. It is one of the premier legal internet research services available to a worldwide audience of practicing and academic legal experts. WashLaw also hosts a large number of law-related discussion groups.

Washburn University seeks an exceptional candidate who has the vision, strategic acumen, entrepreneurial spirit, character, and presence to enhance the school’s existing strengths while moving the School of Law forward to a higher level of distinction. The Dean serves as the academic, fiscal, and administrative leader for the School of Law.

The School of Law is seeking a Dean who will work with the School of Law community to articulate a strategic vision to enhance its reputation, strengthen its fiscal position, and lead its efforts to meet the challenges of the changing landscape for legal education. The successful applicant must have a J.D. degree and demonstrate critical thinking and an ability to adapt to the changing market while moving the School of Law forward successfully.

The successful candidate will have a record of experience commensurate with appointment as a Professor of Law; a passion for academic excellence and intellectual inquiry; a recognized dedication to teaching excellence; a demonstrated commitment to institutional and community service; a thorough and current understanding of the legal environment; effective interpersonal and communication skills; and the ability to develop strong relationships with all of the law school’s constituencies thereby growing private financial support for the School of Law. Candidates must possess a collaborative work style, well-developed organizational skills, a commitment to diversity and inclusion, and the highest degree of integrity and professionalism. A record of progressively responsible leadership experience in administration is required.

To be considered, submit electronically in pdf format a cover letter, resume, and at least three references to Joan Bayens at joan.bayens@washburn.edu. A search committee will begin to review candidate materials by October 27, 2017, and will continue until interviews are scheduled. Employment at Washburn University will be conditioned upon satisfactory completion of a background check. The successful candidate will submit official transcripts prior to hire. Washburn University is an Equal Opportunity Employer. To enrich education through diversity, candidates from underrepresented groups are encouraged to apply.

Posted by Howard Wasserman on September 20, 2017 at 06:32 PM in Teaching Law | Permalink | Comments (0)

Wednesday, September 06, 2017

Hiring Announcement: Loyola-Chicago

Loyola University Chicago School of Law invites applications for a tenure-track position beginning in the fall of 2018, pending final approval of funding.  We welcome applicants whose primary area of expertise is Environmental Law with a willingness to teach either Civil Procedure or Property.  We are particularly interested in candidates whose scholarship aligns with Loyola’s mission of social justice, as well as candidates who are members of communities traditionally under-represented in the legal profession.  We seek applicants whose research and teaching will contribute to Loyola University’s commitment to solving societal and environmental problems, and advance Loyola's position as a national university leader on environmental research, policy and justice.  Appointment rank will be determined commensurate with the candidate’s qualifications and experience. 

Qualifications:  Applicants for this position should hold a J.D. or LL.B. degree from an accredited law school and have distinguished academic credentials.  Candidates for the position must clearly demonstrate the potential for excellence in research and teaching and have a record of (or clear potential for) distinguished scholarship.   

Special Instructions to Applicants:  Questions about the position can be directed to the Chair of the Committee.  Applicants should submit a current Curriculum Vitae, a teaching statement and research agenda, sample publications, and a letter of interest to http://www.careers.luc.edu/postings/5520.  Please also provide the names and email addresses of three individuals prepared to speak to your professional qualifications for this position.  Please note: these references will not be contacted immediately, but may be contacted at an appropriate later point in the review process.  Additional materials related to teaching excellence and samples of scholarly publications may be submitted electronically at the above website, or emailed or mailed to:

Sacha M. Coupet

Chair, Faculty Appointments Committee

Loyola University Chicago School of Law

25 East Pearson Street

Chicago, IL 60611

scoupet@luc.edu

Review of applications will begin immediately and continue until the position is filled.

Loyola University Chicago is an Equal Opportunity/Affirmative Action employer with a strong commitment to hiring for our mission and diversifying our faculty.  As a Jesuit Catholic institution of higher education, we seek candidates who will contribute to our strategic plan to deliver a Transformative Education in the Jesuit tradition.  To learn more about LUC’s mission, candidates should consult our website at www.luc.edu/mission/.   Applications from women, minorities, veterans, and persons with disabilities are especially encouraged.

Posted by Howard Wasserman on September 6, 2017 at 06:03 PM in Teaching Law | Permalink | Comments (2)

Sunday, August 13, 2017

Article Submissions: W&L Journal of Civil Rights and Social Justice

The Washington and Lee Journal of Civil Rights and Social Justice (JCRSJ) is conducting a direct article review for submissions to our Fall 2017 Book, Volume 23, Issue 1. Any article submitted to the journal by Sunday, August 27 at 10:00 p.m. will be reviewed and evaluated before September 4.  If you have submitted an article to JCRSJ previously, please resubmit your article for consideration in this direct review.

By submitting your article, you agree to accept a publication offer, if extended by the journal.  Any articles accepted will be published in Volume 23, Issue 1, scheduled for publication in December 2017.

If you wish to submit an article, please e-mail an attached copy of the article, along with your CV, to JCRSJ@law.wlu.edu.  Please include “2017 Direct Article Review” in the subject line. Thank you so much and we look forward to reviewing a number of articles.

Posted by Howard Wasserman on August 13, 2017 at 01:52 PM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Friday, August 11, 2017

Teaching via treatise

Classes begin at FIU on Monday.*

[*] Although I must confess to wishing we had another two weeks of summer this year. This is unusual for me--I enjoy the semesters more than summers, because I like the rhythm and routine of teaching. But I am in the midst of three projects and believe I could finish all with an extra two weeks before having to balance teaching time. 

I am trying something different in Federal Courts this semester. I am not using a casebook, but instead am working primarily from two treatises (Erwin Chemerinsky's comprehensive Fed Courts treatise and Jim Pfander's Principles treatise), along with the Constitution, statutes, a handful (maybe 10) of recent cases, and some problems. I have been toying with this for a couple years and finally decided to pull the trigger this year. A few thoughts went into this. I sensed that in upper-level classes, many students used the treatises to prep rather than reading the cases.  My class discussion is organized in a treatise format--we do not work through individual cases, but discuss the doctrine at a macro-level whole, so it may be better to have them read and prepare in a similar format. And the author of one of the books convinced me that my spoon-feeding concerns ("the students are not having to figure out the rules of standing for themselves, Chemerinsky and Pfander are telling them the rules") were overstated and that the class discussion can be as rigorous. Plus, as I will remind the students on Monday, they will have more total pages of reading this way, and while it may take less time or require less re-reading, they still must read with care and preparation to engage in the discussion.

If I like how it works, I plan to follow the same format in Civil Rights in the spring, using my treatise (new edition forthcoming).

Posted by Howard Wasserman on August 11, 2017 at 09:31 AM in Howard Wasserman, Teaching Law | Permalink | Comments (21)

Tuesday, August 08, 2017

SEALS faculty recruitment

SEALS is considering whether to establish a faculty recruitment conference for member and affiliated schools.* Details--whether it should be for laterals, entry-levels, or both; whether it should be in conjunction with the August annual meeting--are yet to be hashed out. The organization will appoint a committee to study the question.

[*] Motto: "Every school is southeast of somewhere."

Faculty at member and affiliated schools who are interested in serving on the committee can contact Russ Weaver at Louisville. If you have thoughts on the idea and how to implement it, leave them in the comments.

Posted by Howard Wasserman on August 8, 2017 at 09:31 AM in Howard Wasserman, Life of Law Schools, Teaching Law | Permalink | Comments (4)

Wednesday, August 02, 2017

CFP: Petrie-Flom Center: BEYOND DISADVANTAGE: DISABILITY, LAW, AND BIOETHICS

Beyond Disadvantage: Disability, Law, and Bioethics
JUNE 1, 2018

“Congress acknowledged that society’s accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.”

                                        Justice William J. Brennan, Jr., School Bd. of Nassau, Fl. v. Arline, 480 U.S. 273 (1973).

The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School is pleased to announce plans for our 2018 annual conference, entitled: “Beyond Disadvantage: Disability, Law, and Bioethics.” This year’s conference is organized in collaboration with the Harvard Law School Project on Disability.

Conference Description

Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. These justifications include assertions that people with disabilities are biologically defective, less than capable, costly, suffering, or fundamentally inappropriate for social inclusion. Rethinking the idea of disability so as to detach being disabled from inescapable disadvantage has been considered a key to twenty-first century reconstruction of how disablement is best understood.
Such ‘destigmatizing’ has prompted hot contestation about disability. Bioethicists in the ‘destigmatizing’ camp have lined up to present non-normative accounts, ranging from modest to audacious, that characterize disablement as “mere difference” or in other neutral terms. The arguments for their approach range from applications of standards for epistemic justice to insights provided by evolutionary biology. Conversely, other bioethicists vehemently reject such non-normative or “mere difference” accounts, arguing instead for a “bad difference” stance. “Bad difference” proponents contend that our strongest intuitions make us weigh disability negatively. Furthermore, they warn, destigmatizing disability could be dangerous because social support for medical programs that prevent or cure disability is predicated on disability’s being a condition that it is rational to avoid. Construing disability as normatively neutral thus could undermine the premises for resource support, access priorities, and cultural mores on which the practice of medicine depends.
The “mere difference” vs. “bad difference” debate can have serious implications for legal and policy treatment of disability, and shape strategies for allocating and accessing health care. For example, the framing of disability impacts the implementation of the Americans with Disabilities Act, Section 1557 of the Affordable Care Act, and other legal tools designed to address discrimination. The characterization of disability also has health care allocation and accessibility ramifications, such as the treatment of preexisting condition preclusions in health insurance. The aim of the conference is to construct a twenty-first century conception of disablement that resolves the tension about whether being disabled is merely neutral or must be bad, examines and articulates the clinical, philosophical, and practical implications of that determination, and attempts to integrate these conclusions into medical and legal practices.

Call for Abstracts

We seek proposals that offer innovative conceptualizations and advance inventive approaches. Proposals should focus on the fresh contributions the presentation will make, including sketches of the supporting arguments. The abstract should include (but not be limited to) a paragraph summarizing the issue that will be addressed and any currently contending views about its resolution. Successful abstracts will explicitly address how the proposed presentation will address the challenges of integrating legal and medical understandings of disablement.

We welcome submissions on both broad conceptual questions and more specific policy issues related to the “mere difference” vs. “bad difference” debate. Potential topics include:
• Can disability be considered definitively bad, without defining living with a disability as inescapably disadvantageous?
• Can we ameliorate mismatches between the capabilities of people living with disabilities and the socially constructed environment without seeming to privilege them?
• Do the kinds of human diversity that disablement represents threaten the species or harm society? Can they improve the human species or benefit society?
• (How) are bioethicists obligated to represent or at least respect the standpoints of people with disabilities?
• Does the U.S. Supreme Court characterize and categorize disability correctly in the seminal equal protection case, Cleburne v. Cleburne Living Center? How can we reconcile making special or individualized arrangements to avoid excluding individuals based on disability with equal opportunity and equal protection?
• Do different agencies’ and programs’ diverse definitions of disability—for example, that for some programs medical diagnoses suffice for disability status while others demand demonstrations of severe dysfunction—undercut efforts to address disability discrimination?
• What is the standard for people with disabilities having meaningful access to health care? What is the minimum standard for people with disabilities’ access to health care below which denial of care equates to disability discrimination?
• How may protections against disability discrimination—especially claims to civil rights or human rights—most effectively be made operative in the medical clinic?
• Can the processes for accommodating disabilities be secured against fraud?
• How should the impact of differences due to disability affect the way the competence of people with disabilities for accepting or rejecting treatment is assessed? How might new technologies affect courts’ determinations in this regard?
• What progress has been made in increasing the proportion of medical professionals with disabilities and what steps are needed to speed this effort?
• (How) should people with disabilities’ inability to achieve normal functioning affect their priority for scarce or expensive health care?
• Given the current state of data about their risks of morbidity, should lifesaving interventions for extremely preterm infants be harder to obtain than for other babies?
• Can Disability Pride be as effective for “destigmatizing” as earlier expressions of pride made by social movements such as those advanced by the LGBTQi, Women’s, or other groups?

Please note that this list is not meant to be exhaustive; we hope to receive abstracts related to the conference’s central question even if the particular topic was not specifically listed here. Proposals should demonstrate a clear linkage to all three aspects of the conference—disability, bioethics, and law. Papers that focus on ethics should include substantial discussion of policy implications. Relatedly, law will be treated broadly to include governmental policy decisions more generally. Successful abstracts will propose or outline an argument/position, rather than merely stating a topic.

In an effort to encourage interdisciplinary and international dialogue, we welcome submissions from legal scholars and lawyers, bioethicists, philosophers, clinicians, medical researchers, disability rights advocates, public health practitioners, behavioral economists, government officials and staff, and others who have a meaningful contribution to make on this topic. We welcome philosophical and legal reflections from contributors across the world, but these submissions should be general or United States- focused rather than comparative in nature. We welcome submissions from advocacy organizations, think tanks, and others outside academia, but emphasize that this is a scholarly conference, and abstracts/papers will be held to academic standards of argumentation and support.

How to Participate

If you are interested in participating, please send a 1-page abstract of the paper you would plan to present to petrie-flom@law.harvard.edu as soon as possible, but not later than October 15, 2017. If your abstract is selected, your final paper will be due on April 1, 2018, and you will be assigned a presentation slot for the conference. Please note that all presenters must provide a full final draft in order to participate and that presenters are expected to attend the conference for its full duration. We will accept conference papers of all lengths and styles (e.g., law review, medical, philosophy, or policy journal, etc.), but presentations will be limited to 15 minutes. The conference will be held on Friday, June 1, 2018. We will pay travel expenses for presenters who must travel to Cambridge; co-authored papers must name a single presenter.

In the past, we have successfully turned several of our conferences into edited volumes (e.g., with Cambridge, MIT, Johns Hopkins, and Columbia University presses). It is possible, although not guaranteed, that conference presenters will publish their papers with us in an edited volume whose chapters will be limited to 5,000 words, including references. Previous conference participants have been able to publish their submissions in different formats in multiple venues, for example both as a short book chapter and a longer law review article. However, the version that will be used for an edited volume should not have been published previously or be planned to publish separately.

How to Register

Registration information is available here. Attendance is free and open to the public, but space is limited. Stay tuned for the conference agenda, which will be posted to our website once abstracts have been selected.

Questions
Please contact the Petrie-Flom Center with any questions: petrie-flom@law.harvard.edu, 617-496-4662.

Sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. This year’s conference is organized in collaboration with the Harvard Law School Project on Disability.

Posted by Howard Wasserman on August 2, 2017 at 08:21 PM in Teaching Law | Permalink | Comments (0)

Tuesday, August 01, 2017

Rotations

Welcome to August and to our returning guests--Shima Baughman (Utah), David Fontana (GW), and Rhett Larson (ASU).

Remember that Redyip will be seen in a couple of weeks.

Posted by Howard Wasserman on August 1, 2017 at 08:01 AM in Teaching Law | Permalink | Comments (6)