Friday, June 14, 2019

AALS CFP: Race and Racism in Food and Agriculture

Call for Papers

AALS Section on Agricultural and Food Law

(Co-sponsored by the Sections on Minority Groups and Environmental Law)

Food and agriculture play important roles in maintaining systemic racial oppression. From the dispossession of Black and Latinx farmers to migrant workers’ rights to food-related health disparities, there are multiple opportunities for legal and policy interventions into food and agriculture that would lead to greater food sovereignty, food justice, and racial equality. This panel explores several topics at the intersection of critical race theory and food and agricultural law and policy.

Up to 2 papers will be selected for presentation on Thursday January 2nd from 3:30pm-5:15pm. Please submit an abstract of 250-500 words by Monday August 19 to Andrea Freeman at [email protected]. Executive board members will review the papers and notify selected presenters by the first week of September. Panelists must pay for their own travel. Please direct any questions to Andrea Freeman. 

Posted by Howard Wasserman on June 14, 2019 at 09:31 AM in Teaching Law | Permalink | Comments (0)

Friday, June 07, 2019

CFP: Picturing “Truth”: Visual Images and the Law

The Drexel University Kline School of Law is hosting two events to explore issues surrounding the use, reliability and interpretation of visual information in the legal context. These sessions are open to faculty of all ranks and from all disciplines, although they are primarily useful for those writing legal scholarship. These first of these workshops will bring together leading multidisciplinary experts with legal scholars who have an interest in the interpretation of visual media. The second will be a roundtable discussion for legal scholars who wish to share their discussion drafts.

Photographs, video and data representations serve vital functions in legal decision making. The law often treats images as static, self-evident objects and interpreted as if their meaning is singular and authoritative. In contrast, a significant body of multidisciplinary scholarship has engaged in extensive work that explores the use, reliability and interpretation of visual information. For example, some contend that representative images are comprised of constructed meanings based on ways of seeing, communal symbols, and collective communicative activities. Others are engaged in the problems inherent in using visuals to represent real-world events. In an era where the concepts of truth and post-truth are under examination, understanding how visual images convey information has become more valuable than ever.

The two sessions will proceed as follows:

First, the masterclass component will include several sessions presented by experts from various disciplines to introduce a rich set of frameworks for understanding and interpreting visual media. These sessions will provide legal scholars with a range of ways of thinking about visual images for their work. In addition, legal scholars will have the opportunity to workshop ideas for their own projects.

Applicants for this first session must submit a 1-2-page abstract by January 11, 2020, which describes their idea for a scholarly project that has some relation to visual media. Applicants are encouraged to submit at least one image along with their abstract. Notifications will be sent on February 9, 2020. If accepted, participants are asked to secure attendance with a $100 registration fee (waivers available). This masterclass will be held at the Drexel University Kline Institute of Trial Advocacy in Philadelphia, Pennsylvania on May 8, 2020.

Second, masterclass attendees will be invited to participate in a follow-on roundtable discussion of their draft papers that will be held during September 2020 at the same location. At a later time, Drexel Law will distribute a separate call for discussion drafts for this event.

All correspondence, including the submission of abstracts, should be directed to Professor Amy Landers at [email protected]. The conference webpage is at http://drexel.edu/law/picturingtruth.

 

Posted by Howard Wasserman on June 7, 2019 at 05:04 PM in Teaching Law | Permalink | Comments (0)

Tuesday, June 04, 2019

AALS CFP: Corpus Linguistics & IP

The following is a CFP for the 2020 AALS Annual Meeting, co-sponsored by the Sections on IP and Law & Interpretation

Recent developments in data-based text analysis provide tantalizing opportunities to transform constitutional and statutory analysis. They may also provide new opportunities to understand infringing similarities in patent claims and copyrightable expression and to track the acquisition and loss of source significance. This panel will consider how corpus linguistic and other data-driven text analysis techniques might transform our understanding of how IP rights are acquired, shaped, and enforced.

The Sections on Intellectual Property and Law & Interpretation are pleased to announce a Call for Papers from which up to three additional presenters will be selected for the above program, to be held during the 2020 AALS Annual Meeting in Washington, D.C. on Sunday, January 5, at 3:30pm.

We welcome 500-word proposals for presentations on this subject, to be submitted by August 15, 2019. Please send proposals electronically to Professors Jake Linford (Florida State) at [email protected] and Karen Petroski (Saint Louis) at [email protected] Presentations will be selected after review by members of the Executive Committees of both sections and the Program Committee of the Section on Law & Interpretation. Please contact Karen Petroski and/or Jake Linford with any inquiries or questions.

Posted by Howard Wasserman on June 4, 2019 at 09:31 AM in Teaching Law | Permalink | Comments (1)

Monday, June 03, 2019

Amar on exam-writing

Vik Amar at Above the Law offers some thoughts about writing good exam/assessment questions. He hits on four ideas: Offering more and different assessment opportunities; having a balance of open- and closed-book assessments (the latter to account for the need to prep for the Bar); using real cases or events (good idea, but be careful how you write it); and proper notice of the rules. Interestingly, on the third point, Amar does not warn about students being upset, offended, or traumatized by the real-world situations.

Posted by Howard Wasserman on June 3, 2019 at 08:30 PM in Howard Wasserman, Teaching Law | Permalink | Comments (3)

Tuesday, May 21, 2019

Florida State Law Review Summer 2019 Exclusive Submission Track

The Florida State University Law Review is delighted to open an exclusive submission track for Summer 2019. Authors who submit to the exclusive submission track agree to accept a binding publication offer, should one be extended. Authors agree to withhold submitting their manuscripts to any other journal until a decision has been made. The exclusive submission track will open from May 27th to June 16th and decisions will be rendered by June 23. Accepted manuscripts will be published in Volume 47 of the Law Review. Final manuscripts will be due November 15th for Issues 3 and 4. Articles selected for Issues 3 and 4 are expected to be published in August 2020.

The Florida State University Law Review accepts manuscripts from all areas of legal scholarship. Manuscripts should closely conform to The Bluebook: A Uniform System of Citation (20th ed.). Authors interested in submitting to the exclusive submission track for Summer 2019 should email their CV and manuscript as a Word Document or PDF to Executive Article Selection Editor, Jemma Takx, at [email protected].

Posted by Howard Wasserman on May 21, 2019 at 10:55 AM in Teaching Law | Permalink | Comments (1)

Friday, May 17, 2019

Introducing Jessica Erickson on AALS hiring

Over the next few weeks and months, we will publish a series of guest posts from Jessica Erickson (Richmond). Jessica is the chair of the AALS Committee on Becoming a Law Teacher; the committee's new project is providing information on how law-faculty hiring functions, formally and behind the scenes. Jessica will interview directors of VAP and fellowship programs and will post edited transcripts here and at the AALS website.

Stay tuned.

Posted by Howard Wasserman on May 17, 2019 at 09:31 AM in Teaching Law | Permalink | Comments (0)

Tuesday, May 14, 2019

Exclusive Submissions: Kentucky Law Journal

The Kentucky Law Journal is opening an exclusive article submission track for interested authors. The submission track will open on Wednesday, May 15 and close on Sunday, June 2, 2019. Final publication decisions will be made by Tuesday, June 4, 2019. Authors agree to accept a binding publication offer if the manuscript is selected for publication. Authors further agree to withhold manuscripts from other publications until final publication decisions are made. Accepted manuscripts will be published in Book 2 (final manuscript deadline July 1) and Book 3 (final manuscript deadline September 3). Please include a Book 3 preference in your cover letter if you cannot make Book 2 deadline.

We welcome manuscript submissions from any area of legal scholarship. We look forward to reviewing innovative manuscripts from a diverse academic field. Please send all submissions in PDF format, including manuscript, CV, and cover letter, to Alexander Pabon, Managing Articles Editor of the Kentucky Law Journal, at [email protected] If you have already submitted your manuscript via Scholastica, we ask that you please resubmit your materials in the method described above before the June 2 deadline.

Posted by Howard Wasserman on May 14, 2019 at 06:03 PM in Teaching Law | Permalink | Comments (0)

Fun with evidence

D6h4tVFWsAAGB3bThe problem set I use in class has this as a problem in the hearsay section. Supposedly Charles Manson's lawyer would make this objection.

The answer to the hearsay problem is that the name is not an assertion, because it labels someone without saying anything about the state of the world. But I have seen the point made that the real issue is not hearsay so much as lack of personal knowledge of the fact.

Anyway, something to share next semester.

Posted by Administrators on May 14, 2019 at 11:17 AM in Howard Wasserman, Teaching Law | Permalink | Comments (1)

Thursday, May 09, 2019

SEALS Prospective Law Teachers Workshop

Each year, SEALS hosts a Prospective Law Teachers Workshop (PLTW), which provides intensive opportunities for VAPs, fellows, and practitioners to network and participate in mock interviews and mock job talks—prior to the actual teaching market. The Workshop also includes a luncheon and 1-on-1 sessions for candidates to receive faculty feedback on their CVs. This year’s Prospective Law Teachers Workshop will be held at Boca Raton Resort & Club in Boca Raton, Florida on Tuesday, July 30, and Wednesday, July 31, 2019. If you are interested in participating specifically in the Prospective Law Teachers Workshop, please send your CV, and a brief statement explaining your interest, to Professor [email protected]. Please also indicate when you are hoping to go on the teaching market. Applications are due by June 1, 2019. Past PLTW participants have secured tenure-track appointments at an impressive array of law schools.

Separate and apart from the Prospective Law Teachers Workshop, SEALS is offering a new workshop that is broader programming for anyone considering academia—even if one is earlier in the process. The Aspiring Law Teachers Workshop (ALTW) includes sessions on designing your teaching package, navigating the market as a nontraditional candidate, mapping academic opportunities, what’s in a job talk, crafting scholarship goals, the art of self-promotion, as well as a luncheon. You can peruse the programming, which will take place between Sunday, July 29-Tuesday, July 31, by searching “aspiring law teachers workshop” at the following link:

http://sealslawschools.org/submissions/program/programwp.asp.

The goal of these two workshops is, in tandem, to provide robust opportunities for those who hope to one day enter legal academia.

Frequently Asked Questions:

They both sound great. What exactly is the difference?

The Prospective Workshop is designed for those who are going on the market this fall, in 2019, and desiring a chance to moot job talks and interviews in advance of that time. The Aspiring Workshop is designed for anyone considering academia, including those who may not yet be ready to moot a job talk in the summer. The Prospective Workshop is acceptance-only while the Aspiring Workshop is open to everyone.

 Can I attend both workshops?

Possibly. Some of the times conflict, but the Aspiring Law Teachers Workshop will be generally open to anyone wishing to attend. Attendance in the Prospective Workshop is in contrast only by acceptance through our competitive selection process.

Is this the new faculty recruitment initiative that I heard SEALS has put together?

No, this is not the new hiring initiative that SEALS is conducting. That process is entirely separate. Information about SEALS’ new faculty recruitment initiative can be found at the following link: https://www.sealslawschools.org/recruitment/applicants/

Posted by Administrators on May 9, 2019 at 09:30 PM in Teaching Law | Permalink | Comments (0)

Tuesday, May 07, 2019

Call for Papers: Second Annual Chicagoland Junior Scholars Conference

The Northern Illinois University College of Law will host the Second Annual Chicagoland Junior Scholars Conference at Loyola University Chicago School of Law on Friday, September 27, 2019. This conference will offer junior scholars (those who have spent 7 years or fewer as full-time professors) the opportunity to present their works-in-progress, to receive feedback from their colleagues, including senior faculty, and to network with other legal scholars from the Chicago area and beyond. Articles may be presented at 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 ([email protected]) no later than June 28, 2019. Selected authors will be notified by July 15, 2019. Final papers will be due no later than September 6, 2019. There is no registration fee for this conference. Meals will be provided. Email Prof. Sarah Fox at [email protected] with questions.

Posted by Howard Wasserman on May 7, 2019 at 10:36 PM in Teaching Law | Permalink | Comments (0)

Tuesday, April 16, 2019

Florida State University System Free Expression Statement

The Florida State University System issued a Free Expression Statement to "support and encourage full and open discourse and the robust exchange of ideas and perspectives on our respective campuses." It is a good statement from a First Amendment standpoint. It emphasizes the purpose of higher education in allowing divergent ideas to be debated (a proposition with which my colleague Stanley Fish disagrees); the importance of not stifling ideas because some find them offensive or abhorrent; and that concerns for civility or respect be a cover for stifling expression. It also reiterates schools' power to regulate through neutral time, place, and manner regulations, which still allows administrations to restrict a lot of expression (including by counter-protesters).

The full statement is after the jump.

State University System Free Expression Statement

The State University System of Florida and its twelve public postsecondary institutions adopt
this Statement on Free Expression to support and encourage full and open discourse and the robust exchange of ideas and perspectives on our respective campuses. The principles of freedom of speech and freedom of expression in the United States and Florida Constitutions, in addition to being legal rights, are an integral part of our three-part university mission to deliver a high quality academic experience for our students, engage in meaningful and productive research, and provide valuable public service for the benefit of our local communities and the state. The purpose of this Statement is to affirm our dedication to these principles and to seek our campus communities’ commitment to maintaining our campuses as places where the open exchange of knowledge and ideas furthers our mission.

A fundamental purpose of an institution of higher education is to provide a learning environment where divergent ideas, opinions and philosophies, new and old, can be rigorously debated and critically evaluated. Through this process, often referred to as the marketplace of ideas, individuals are free to express any ideas and opinions they wish, even if others may disagree with them or find those ideas and opinions to be offensive or otherwise antithetical to their own world view. The very process of debating divergent ideas and challenging others’ opinions develops the intellectual skills necessary to respectfully argue through civil discourse. Development of such skills leads to personal and scholarly growth and is an essential component of the academic and research missions of each of our institutions.

It is equally important not to stifle the dissemination of any ideas, even if other members of our community may find those ideas abhorrent. Individuals wishing to express ideas with which others may disagree must be free to do so, without fear of being bullied, threatened or silenced. This does not mean that such ideas should go unchallenged, as that is part of the learning process. And though we believe all members of our campus communities have a role to play in promoting civility and mutual respect in that type of discourse, we must not let concerns over civility or respect be used as a reason to silence expression. We should empower and enable one another to speak and listen, rather than interfere with or silence the open expression of ideas.

Each member of our campus communities must also recognize that institutions may restrict expression that is unlawful, such as true threats or defamation. Because universities and colleges are first and foremost places where people go to engage in scholarly endeavors, it is necessary to the efficient and effective operations of each institution for there to be reasonable limitations on the time, place, and manner in which these rights are exercised. Each institution has adopted regulations that align with Florida’s Campus Free Expression Act, section 1004.097, Florida Statutes, and with the United States and Florida Constitutions and the legal opinions interpreting those provisions. These limitations are narrowly drawn and content-neutral and serve to ensure that all members of our campus communities have an equal ability to express their ideas and opinions, while preserving campus order and security.

Posted by Howard Wasserman on April 16, 2019 at 10:01 AM in First Amendment, Teaching Law | Permalink | Comments (3)

Thursday, April 11, 2019

FIU Law Review: Summit on the Future of Legal Education and Entry to the Profession

FIU Law Review has published its new issue, A Summit on the Future of Legal Education and Entry to the Profession; this was a live symposium in spring 2018. It was a great live event and the issue includes published contributions from Scott Norberg of FIU, who organized the program; Bernard Burk; Joan Howarth and Judith Wegner; Kyle McEntee; and Aaron Taylor.

Posted by Howard Wasserman on April 11, 2019 at 03:43 PM in Teaching Law | Permalink | Comments (0)

Monday, April 08, 2019

Thoughts on the Rothgerber Constitutional Law Conference-National Injunctions

I mentioned that last Friday I had the privilege of attending the 27th Rothgerber Constitutional Law Conference at Colorado Law, on the subject of national injunctions.

I did not take comprehensive notes on all the papers, but here are a few highlights, ideas, and questions that I took away:

• Two of the eleven presenters--Michael Morley (FSU) and I--oppose universal injunctions. And Michael thinks my reliance on judicial departmentalism is monstrous (my word, not his). Ahmed White (Colorado) talked about the use of labor injunctions and the jailing of Eugene V. Debs to warn against reliance on injunctions to achieve progressive policy goals. Everyone else argued that universality is fine, although courts should exercise discretion in issuing them. (Part of my objection is that I have not seen grounds for discretion that are not satisfied in every case).

• Alan Trammell (Arkansas) made a cute rhetorical move, trying to shift the focus from Trump and Obama (which naturally provoke partisan reaction) to the case of Kim Davis and whether, once she disregarded Obergefell, the district court should have been able to order Davis to issue licenses to all couples. I say no (and suggested that Alan could use the pre-Obergefell mess in Alabama as another example). Alan also made a nice historical move, tying these injunctions as another example of procedural innovation, the predecessor to 1960s developments such as Monroe v. Pape, structural-reform injunctions, and 23(b)(2) classes.

• Charlton Copeland (Miami) offered a separation-of-powers perspective, arguing that universal injunctions may be uniquely appropriate against executive overreach to restore a balance among the branches, even if universality would not be appropriate against the same policy enacted by the legislature. In other words, the separation of powers arguments against executive policies (in addition to any substantive constitutional arguments) changes the nature of the remedy.

• Zach Clopton (Cornell) talked about how preclusion (if applicable against the government, as it should be) can provide an additional policy consideration for the court in deciding the scope of the injunction. This triggered a question I have to address in my contribution for the symposium and in another article--Would allowing non-mutual offensive preclusion against the government undermine judicial departmentalism? If the executive has the power to disagree with judicial precedent but not injunctions in a given case, does giving that judgment preclusive effect undermine that executive power.

• Mila Sohoni (San Diego) talked about the history of universal injunctions against state laws, including in some famous First Amendment cases such as Barnette and Hague v. CIO. She showed the language of several of these injunctions, some of which expressly prohibited application to the plaintiff and others, while others were silent as to who was protected. As to the latter group, that presents an interesting question of default rules--if the injunction is silent, should we presume that the injunction is particularized to the plaintiff or presume that it is universal? Sohoni's history shows that these injunctions are not new. The  response is whether it matters--perhaps we have been doing it wrong all along. Mila joins me in using universality as the proper term, which captures the expansive who of the injunction.

• Portia Pedro (BU) started from her experience working for an LGBT organization during the marriage-equality litigation. She argued that prohibiting universality treats government defendants more favorably than other defendants. Or functionally prohibits injunctions, turning everything into nothing more than a declaratory judgment.

It was a great program. And it gave me a lot to think about and a lot to add to some current projects.

Posted by Howard Wasserman on April 8, 2019 at 02:08 PM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Teaching Law | Permalink | Comments (0)

Thursday, April 04, 2019

27th Annual Rothgerber Constitutional Law Conference: National Injunctions

On Friday, I will participate in the 27th Annual Rothgerber Constitutional Law Conference, sponsored by the Byron R. White Center at University of Colorado Law School. Thanks to Suzette Malveaux for putting this great program together and including me in the conversation.

Participants include Zachary Clopton (Cornell), Charlton Copeland (Miami), Davis Hausman (ACLU), Michael Morley (Florida State), Portia Pedro (Boston University), Doug Rendelman (Washington & Lee), Mila Sohoni (San Diego), Alan Trammell (Arkansas), Ahmed White (Colorado). I look forward to the weather in Denver and to seeing how the speakers divide on the core question of the propriety of universal injunctions.

Posted by Howard Wasserman on April 4, 2019 at 09:31 AM in Howard Wasserman, Teaching Law | Permalink | Comments (1)

Wednesday, April 03, 2019

Call for authors: Feminist Judgments: Rewritten Property Opinions

Deadline for Applying: Friday, April 26, 2019

The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on the rewritten opinions for an edited collection tentatively titled Feminist Judgments: Rewritten Property Opinions.

This edited volume is part of a collaborative project among law professors and others to rewrite, from a feminist perspective, key judicial decisions in the United States. The initial volume, Feminist Judgments: Rewritten Opinions of the United States Supreme Court, edited by Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford, was published by Cambridge University Press in 2016. Cambridge University Press has approved a series of Feminist Judgments books. In 2017, Cambridge University Press published the tax volume titled Feminist Judgments: Rewritten Tax Opinions. Other volumes in the pipeline include rewritten trusts and estates opinions and rewritten family law opinions.

Property law volume editors Eloisa C. Rodriguez-Dod and Elena Maria Marty-Nelson seek prospective authors and commentators for fifteen rewritten property opinions covering a range of topics. With the help of an advisory board of distinguished property law scholars, the editors have selected a list of cases that have not appeared in other Feminist Judgment volumes; potential authors are welcome to suggest opinions which do not appear on the list.

Proposals must be either to (1) rewrite a case opinion (subject to a 10,000-word limit) or (2) comment on a rewritten opinion (subject to a 4,000-word limit). Rewritten opinions may be re-imagined majority opinions, concurrences, or dissents. Authors of rewritten opinions will be bound by the law and precedent in effect at the time of the original decision. Commentators should explain the original court decision, how the rewritten feminist opinion differs from the original decision, and the impact the rewritten feminist opinion might have made. The volume editors conceive of feminism as a broad movement and welcome proposals that bring into focus intersectional concerns beyond gender, such as race, class, disability, gender identity, age, sexual orientation, national origin, and immigration status.

To apply, please email (1) a paragraph or two describing your area of expertise and your interest in this project; (2) your top two or three preferences from the list of cases below; and (3) whether you prefer to serve as an author of a rewritten opinion or an author of a commentary to a rewritten opinion. Please submit this information via email to the editors, Eloisa C. Rodriguez-Dod and Elena Maria Marty-Nelson, at [email protected] and [email protected] by Friday, April 26, 2019. The Feminist Judgments Project and the Property book editors are committed to including authors from diverse backgrounds. If you feel an aspect of your personal identity is important to your participation, please feel free to include that in your expression of interest. The editors will notify accepted authors and commentators by Monday, May 13, 2019. First drafts of rewritten opinions will be due on Monday, September 16, 2019. First drafts of commentaries will be due on Monday, October 28, 2019.

Tentative List of Cases:  

1.         Moore v. City of E. Cleveland, 431 U.S. 494 (1977) (exclusionary zoning)

2.         Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013) (patents)

3.         Sawada v. Endo, 561 P.2d 1291 (Haw. 1977) (tenancy by the entireties)

4.         Gruen v. Gruen, 496 N.E.2d 869 (N.Y. 1986) (inter vivos gifts)

5.         Coggan v. Coggan, 239 So. 2d 17 (Fla. 1970) (ouster of co-tenant)

6.         Phillips Neighborhood Hous. Tr. v. Brown, 564 N.W.2d 573 (Minn. Ct. App. 1997) (lease termination for illegal activity)

7.         Taylor v. Canterbury, 92 P.3d 961 (Colo. 2004) (secret severance of joint tenancy)

8.         White v. Samsung Elecs. Am., Inc., 971 F.2d 1395 (9th Cir. 1992) (publicity rights)

9.         Johnson v. M’Intosh, 21 U.S. 543 (1823) (Native American property rights)

10.       Dolan v. City of Tigard, 512 U.S. 374 (1994) (exactions/eminent domain)

11.       Bartley v. Sweetser, 890 S.W.2d 250 (Ark. 1994) (premises liability)

12.       Tate v. Water Works & Sewer Bd. of City of Oxford, 217 So. 3d 906 (Ala. Civ. App. 2016) (adverse possession and condemnation)

13.       Blake v. Stradford, 725 N.Y.S.2d 189 (Dist. Ct. 2001) (ejectment of domestic partner)

14.       Moore v. Regents of Univ. of California, 793 P.2d 479 (Cal. 1990) (property interest in one’s genetic material)

15.       Pocono Springs Civic Ass’n, Inc. v. MacKenzie, 667 A.2d 233 (Pa. Super. Ct.1995) (abandonment of real property)

Posted by Howard Wasserman on April 3, 2019 at 05:09 PM in Teaching Law | Permalink | Comments (0)

Sunday, March 24, 2019

Inclusive forests and racist-insult trees

The history podcast Backstory did an episode on the history of profanity. The fourth piece is an interview with Smith College history professor Elizabeth Pryor, who is the daughter of comedian Richard Pryor. (You can listen and read the full transcript of the story at the link).

Pryor begins with a story about a lecture on citizenship and the Civil War, in which a white student repeats the following joke from Blazing Saddles (which Richard Pryor co-wrote with Mel Brooks):

The joke is relevant to a lecture on 19th-century citizenship, a time in which Irish people did face discrimination.

But Pryor describes the class encounter as follows: "And she said, 'We don’t want the CH’s and the N words, but we will take the Irish,' but she said all the words."

Pryor got the joke backwards. The difference between the joke and how Pryor describes the joke gives it an extra layer, especially as it relates to that lecture. The people of Rock Ridge use racist epithets to describe Black and Chinese people but are willing to accept them in their community; they do not use epithets to describe the Irish people but are unwilling to accept them in their community. This presents some nice questions to explore: Which is worse--being excluded or being described in disparaging terms? How much do the epithets show that Black and Chinese people are not accepted in the community, even if allowed to live among them, because identified in disparaging terms? Does the sole focus on words obscure actions?

Posted by Howard Wasserman on March 24, 2019 at 01:52 PM in Culture, First Amendment, Howard Wasserman, Teaching Law | Permalink | Comments (3)

Saturday, March 23, 2019

Football or basketball? Boise State or Gonzaga?

A thought hatched while watching the first two rounds of March Madness and the various mid-major schools winning or playing competitive: If you run a university and want to make a name for yourself through athletics, would you rather have a good football program or a good basketball program and is it better to throw (a limited amount of) money into developing football or basketball?

The prevailing answer is football, because that draws more alumni interest and money. Schools such as UNC, Kansas, Duke, and Kentucky (or Indiana and UConn back in the day)--consistently great in basketball, generally non-competitive with the rare-blip exception in football--still believe that football success is essential. Jealousy of football contributed to the fall of the original Big East (which has been reborn as a basketball-first conference of Catholic schools, all technically east of somewhere). On the other hand, success in basketball seems easier to obtain--a basketball program costs less than a football program and success can be established by snagging two or three great players. And basketball comes without football's physical and moral baggage.

This question is especially salient for schools such as FIU--non-flagship public schools in a low-mid-major conference (comprised of similar schools and one former SWC school no one else wanted) with a finite amount of money to spend on this project. Consider:

Sustained football success caps out at competition in the conference, conference championships, and invitations to obscure, middish-December bowl games that no one watches against similar low-mid-major schools. The chance to make that leap is limited by the conference. And even if you make the leap, you remain locked out of the highest level of competing for a national championship, which will never look beyond the power conferences and Notre Dame. And all this requires a lot of money and a lot of player, who may suffer severe mental and physical problems because of the sport.

Sustained basketball success could mean consistent appearances in the NCAA Tournament, with early-round games watched or followed by many people and early-round victories offering more opportunities to play top-level teams on national tv. There is a chance, however remote, to play for a national championship. The Tournament Selection Committee is at least a bit more solicitous of non-power-conference schools, this year inviting multiple schools from some non-major conferences.

The question, in short: Is it better to be Boise State or Central Florida in football or Gonzaga or Wichita State or Towson or George Mason in basketball? The prevailing wisdom is the former; I would take the latter.

Posted by Howard Wasserman on March 23, 2019 at 04:14 PM in Howard Wasserman, Sports, Teaching Law | Permalink | Comments (5)

Thursday, March 21, 2019

Game of Papers/Game of Thrones

This McSweeney's piece suggested quotations from The Princess Bride that double as comments on paper (I have used "I do not think it means what you think it means"). I wondered: What quotations from Game of Thrones might serve a similar function? The obvious one is "You know nothing, Jon Snow."

What else can serve this function?

Posted by Howard Wasserman on March 21, 2019 at 04:17 PM in Culture, Teaching Law, Television | Permalink | Comments (5)

Tuesday, March 05, 2019

Bleg: Graduation honors

I am looking for some information about what graduation-related honors or awards graduating classes vote on for faculty. At FIU, we always have had a hooding committee of two faculty members. I know some schools have a  class-selected faculty grad speaker. My graduating class at Northwestern had "The Last Lecture," given a few days before graduation by faculty member chosen by the graduating class.

What do other schools and faculty do?

Posted by Howard Wasserman on March 5, 2019 at 04:09 PM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Thursday, February 14, 2019

Kansas seeks VAP

The University of Kansas School of Law invites applications for Visiting Assistant Professor positions to begin in the Fall of 2019. These are full-time, non-tenure track positions for the 2019-2020 academic year.

We are seeking entry-level candidates with a demonstrated potential for scholarly achievement and teaching excellence particularly in Torts, Constitutional Law, Contracts, Criminal Law, and Business Law. In a continuing effort to enrich its academic environment and provide equal educational and employment opportunities, the university actively encourages applications from members of underrepresented groups in higher education. Women, minorities, and candidates who will contribute to the climate of diversity in the Law School, including a diversity of scholarly approaches, are especially encouraged to apply.

https://urldefense.proofpoint.com/v2/url?u=https-3A__employment.ku.edu_visiting-2Dassistant-2Dprofessor_13597br&d=DwIFAg&c=lhMMI368wojMYNABHh1gQQ&r=25iL7pHNVMMBonOKjqd7dQ&m=ODAfYf7aWYsZR3XX5LzsWFLtvr3n04PGoQgy4ZRyEHo&s=BpKDVaG8e6g_bqEq5umvtIu9qu0b6FJCLr3iLT5GjS0&e=

Posted by Howard Wasserman on February 14, 2019 at 01:15 PM in Teaching Law | Permalink | Comments (0)

Monday, February 11, 2019

Peter Gonville Stein Book Award-ASLH

The following is from the American Society for Legal History

The Peter Gonville Stein Book Award is awarded annually for the best book in legal history written in English. This award is designed to recognize and encourage the further growth of fine work in legal history that focuses on all non-US regions, as well as global and international history. To be eligible, a book must sit outside of the field of US legal history and be published during the previous calendar year. Announced at the annual meeting of the ASLH, this honor includes a citation on the contributions of the work to the broader field of legal history. A book may only be considered for the Stein Award, the Reid Award, or the Cromwell Book Prize. It may not be nominated for more than one of these three prizes.

The Stein Award is named in memory of Peter Gonville Stein, BA, LLB (Cantab); PhD (Aberdeen); QC; FBA; Honorary Fellow, ASLH, and eminent scholar of Roman law at the University of Cambridge, and made possible by a generous contribution from an anonymous donor. Read more about Dr. Stein here.

For the 2019 prize, the Stein Award Committee will accept nominations of any book (not including textbooks, critical editions, and collections of essays) that bears a copyright date of 2018 as it appears on the printed version of the book. Translations into English may be nominated, provided they are published within two years of the publication date of the original version.

Nominations for the Stein Award (including self-nominations) should be submitted by March 15, 2019. Please send an e-mail to the Committee at [email protected] and include: (1) a curriculum vitae of the author (including the author’s e-mail address); and (2) the name, mailing address, e-mail address, and phone number of the contact person at the press who will provide the committee with two copies of the book. This person will be contacted shortly after the deadline. (If a title is short-listed, four further copies will be requested from the publisher.)

Please contact the committee chair, Matthew Mirow, with any questions at [email protected].

Posted by Howard Wasserman on February 11, 2019 at 02:39 PM in Legal History, Teaching Law | Permalink | Comments (0)

Saturday, February 09, 2019

11th Junior Faculty Federal Courts Workshop

The University of Arkansas School of Law will host the Eleventh Annual Junior Faculty Federal Courts Workshop on September 6-7, 2019. The workshop pairs a senior scholar with a panel of junior scholars presenting works-in-progress.

The workshop is open to untenured and recently tenured academics who teach and write in the areas of federal courts, civil rights litigation, civil procedure, and other related topics. The program is also open to scholars who wish to attend, read, and comment on papers but not present.  There is no registration fee.

The conference will begin on the morning of Friday, September 6, and conclude by lunchtime on Saturday, September 7. Each panel will consist of three to four junior scholars, with a senior scholar commenting on the papers and leading a group discussion.

The workshop will take place on the University of Arkansas’s flagship campus in Fayetteville. The Law School will provide lunches and dinners for those attending the workshop, but attendees must cover their own travel and lodging costs. Those wishing to present a paper must submit an abstract to [email protected] by March 29, 2019. Papers will be selected by a committee of past participants, and presenters will be notified by the end of May.

Posted by Howard Wasserman on February 9, 2019 at 01:21 PM in Civil Procedure, Teaching Law | Permalink | Comments (0)

Thursday, February 07, 2019

FIU College of Law seeks visitor

Florida International University College of Law, Miami, seeks a Visiting Professor of Law for the 2019-2020 academic year with particular needs in Wills and Trusts, Environmental Law, and Natural Resources.  The visit may be for one semester or for the academic year.  Please send an expression of interest and c.v. to Matthew C. Mirow, chair, Visiting Appointments Committee, [email protected].

Posted by Howard Wasserman on February 7, 2019 at 10:37 PM in Teaching Law | Permalink | Comments (0)

Tuesday, February 05, 2019

Blogging's Future

Rick Garnett writes at Mirror of Justice that this week marks 15 years of his blogging there (and slightly less time blogging here). He closes the post as follows:

The flow (as well as the speed and, perhaps, the snarkiness) of the public conversation has changed over the last 15 years.  Twitter wasn't around.  Facebook, believe it or not, was launched on the same day as Mirror of Justice.  (Arguably, we've done better at our mission than they have at theirs!)  Legal practice, legal scholarship, and legal education have changed significantly, reflecting the ongoing Digitization of Everything.  A lot that used to be said, in paragraphs, on blogs is now said, with a few words (or emojis or gifs) on Twitter.

It's not clear to me what the future holds for this blog-venture, or for blogging generally.  I'd welcome others' thoughts! 

Paul has thought and written about this question in the past, so he is the best and most thoughtful person to answer. We had a brief exchange here about the migration of some blog writing to Facebook and, as Rick notes, to  Twitter in fewer words and emojis; there is some debate about how heavy that migration has been. As someone who is not on Facebook or Twitter and believes both have made discourse worse, I hope blogs do not go the way of the 8-track.

It may be that fewer blogs remain, but those that do will keep going strong, whether as a replacement for or complement to Facebook and Twitter. The Volokh Conspiracy announced that Irina Manta, Stephen Sachs, and Keith Whittington have joined as permanent authors. I am thrilled that Gerard has joined us, a move I expect will add new life to this site. And MoJ serves a particular and special message that is not easily replaced and so should continue.

In any event, congrats to Rick on 15 years.

Posted by Howard Wasserman on February 5, 2019 at 11:34 AM in Blogging, Howard Wasserman, Teaching Law | Permalink | Comments (5)

Friday, February 01, 2019

2019 Symposium Submissions: Kentucky Law Journal

Kentucky Law Journal is now accepting symposium topic proposals for the 2019–2020 academic year. Please submit symposium topic suggestions following the instructions below no later than February 8, 2019 at 11:59 pm EST. If you have questions, please email our Special Features Editor, Summer Bablitz, [email protected] or Editor-in-Chief, Kyle Schroader, at [email protected]

Kentucky Law Journal will begin accepting symposium submissions through a more formal and open process for a variety of reasons, including:

·      To ensure fairness to all parties interested in collaborating on a symposium with KLJ.

·      To encourage submissions on a diverse range of topics of relevance to the legal community and to encourage participation from scholars across the United States.

·      Many law reviews accept symposium submissions electronically in an open and competitive process. This procedure is more transparent, competitive, and brings KLJ’s procedures in line with the processes of our peer law reviews.

How a Topic will be Chosen

The Symposium Committee, comprised of a dozen KLJ student members, will review submissions in early February with the goal of selecting a symposium topic soon after.

General Information About Past KLJ Symposia

1.     KLJ generally hosts a symposium on campus at the University of Kentucky during the fall semester. Symposium is usually held on a Thursday and Friday in October or November.

2.     KLJ has historically provided funding for the cost of coach travel, lodging, transportation in Lexington, and meals and social events for all symposium speakers. On average, past symposia have cost between $10,000 and $14,000 total. KLJ has received financial support from the University of Kentucky College of Law and the University of Kentucky Student Government Association in the past. Still, KLJ has historically been responsible for between 50–65% of the total costs of past symposia through funds collected from annual membership dues.

3.     Generally, all symposium presentations are recorded and uploaded on UKnowledge, a digital collection of scholarship held by UK Libraries

 

Recent KLJ Symposia Topics:

·      2018-2019 - “Intermeddlers or Innovators? States and Federal Copyright Law”

· 2017–18 - Religious Exemptions and Harm to Others (hosted in collaboration with Southeastern Association of Law Schools (SEALS))

·      2016–17 - 30 Years of Batson: A Retrospective

·      2015–16 - An Elective Perspective: Judicial Regulation of Politics in an Election Year

·      2014–15 - Your Rights in a Digital World (Data Privacy)

 

When formulating symposium topic proposals, please consider the following:

 

1.     KLJ anticipates an in-person symposium on the campus at the University of Kentucky on a Thursday and Friday during the month in October or early November 2018. Generally,

      7–10 speakers are invited to attend symposium.

2.     While publication is not guaranteed, we anticipate that all symposium attendees will be invited to write an article for publication in Volume 108, Issue 4 of Kentucky Law Journal. Final manuscripts should be no longer than 14,000 words in length and will be due around December 15, 2019. KLJ will provide publication contracts to certain symposium participants based on recommendations from the Editorial Board and Symposium Committee.

3.     The Journal does have limited funds set aside for symposium. Even so, KLJ cannot guarantee funding for travel, lodging, meals, or associated expenses. We will work to obtain additional funding and sponsorships. Proposals that include anticipated sources of full or partial funding will be viewed favorably.

4.     This call for submissions is an open call to the legal academic community. Still, proposals led by or including members of the University of Kentucky College of Law faculty will be prioritized. We encourage all proposals to include UK Law faculty among their participants.

 

Submission Instructions

Please submit a proposal in a PDF or Word document format that includes the following information:

 

1.     Your topic idea, including the topic’s originality, timeliness, how it contributes to legal scholarship, and any reasons why the topic may be relevant to Kentucky;

2.     A list of potential symposium speakers who may be willing to attend the event and accept an invitation to publish an article in Kentucky Law Journal;

3.     The name, contact information, and title of the proposed Symposium Liaison, who will serve as a point person for decisions pertaining to the symposium and will coordinate with the Volume 108 Special Features Editor;

4.     Any organizations or groups who will co-sponsor or collaborate on the symposium;

5.     Any anticipated sources of funding or sponsorship;

6.     Any social events, banquets, or luncheons that may be part of the symposium program; and

7.     Any potential symposium dates in October or November 2018 that conflict with the Symposium Liaison’s schedule.

 

Again, please submit your proposal in a PDF or Word document format via email to [email protected], no later than February 8, 2019 at 11:59pm EST. See the proposal template below.

  

Kentucky Law Journal

2019–20 Symposium Topic Submission

 

Symposium Idea/Topic

 

Description of Symposium Topic

 

 

List of Potential Symposium Speakers (please include title and college or university affiliation for faculty)

 

Symposium Liaison*

(1) Name:

(2) Title:

(3) Email:

(4) Phone:

 

* The symposium liaison understands that he or she will serve as a point of contact for the symposium and will work collaboratively with the KLJ Special Features Editor to plan the symposium.

 

Co-Sponsors/Collaborative Organizations (These can be potential co-sponsors such as the UK Law Diversity Committee, OUTlaw, ACLU, Federalist Society, etc.)

 

 

 

Anticipated or Potential Sources of Sponsorship (This can include the prospective sponsor’s own funds or potential sponsors that could be solicited)

 

 

 

Potential Social Events or Other Symposium Programming (Ex. Bourbon Distillery Tour, Panel Discussion, Keynote Speaker, etc.)

 

 

 

Potential Dates in October or November 2019 that Conflict with the Symposium Liaison’s Schedule

 

Posted by Howard Wasserman on February 1, 2019 at 09:48 AM in Teaching Law | Permalink | Comments (0)

Wednesday, January 30, 2019

4th Annual Administrative Law New Scholarship Roundtable

The University of Wisconsin Law School is pleased to host the 4th Annual Administrative Law New Scholarship Roundtable on June 9-11, 2019. For the past three years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from senior scholars in a collaborative setting.

From the call for papers:

Participants will present their papers in small panel sessions designed to foster rich discussions with experts in the field and contribute to a vibrant Administrative Law community. Each panel will be introduced by a distinguished scholar who will then facilitate the discussion. Confirmed commentators currently include Jack Beermann (Boston), Kristin Hickman (Minnesota), Nicholas Parrillo (Yale), Eloise Pasachoff (Georgetown), Peter Shane (Ohio State), Kevin Stack (Vanderbilt), Glen Staszewski (Michigan State), and Wendy Wagner (Texas).

 

Scholars wishing to present a paper at the Roundtable must submit a one-to-two-page abstract by Friday, March 15, 2019. Applicants should include their title, institutional affiliation, and number of years teaching in the academy. Preference will be given to those who have been teaching nine years or less in a tenure-track position. Abstracts should be sent to Miriam Seifter at [email protected]; you may also contact her with questions about the Roundtable.

 

 

Posted by Howard Wasserman on January 30, 2019 at 12:09 PM in Teaching Law | Permalink | Comments (0)

Tuesday, January 29, 2019

National Conference of Constitutional Law Scholars

THE REHNQUIST CENTER is pleased to announce the second annual National Conference of Constitutional Law Scholars. The conference will be held at the Westward Look Resort in Tucson, Arizona, on March 9–10, 2019. Its goal is to create a vibrant and useful forum for constitutional scholars to gather and exchange ideas each year.

David Strauss will deliver a keynote address. Distinguished commentators for 2019 include:
• Jessica Bulman-Pozen • Gillian Metzger • Bertrall Ross
• John Harrison • Victoria Nourse • Stephen Sachs
• Aziz Huq

ADDITIONAL PRESENTERS
Emily Berman Individualization in the Age of Big Data
Kiel Brennan-Marquez Combinatorial Stare Decisis
Laura Cisneros The Supreme Court in the State of Exception: A Dialectical Model of Judicial Review
Laurence Claus Deciding Distribution
Travis Crum The Statutory Origins of the Fifteenth Amendment
Frederick Gedicks Fixed Constitutional Meaning and Other Implausible Originalisms
Paul Gowder Building We the People
Craig Green United/States: A Revolutionary History of Statehood, the United States,
and American Federalism
Stephen Griffin Optimistic Originalism Meets the Unfortunate Nineteenth Century
Tara Grove The Law of Interpreting Presidential Laws
Aziz Huq Article II and Antidiscrimination Norms
Andrew Kent “Faithful Execution” and Article II
Donald Kochan The Framing Effects of Labeling Constitutional Products
Earl Maltz The Ripples of Backlash: Same-Sex Marriage, The Election of 2004, and the
Contingent Nature of the Evolution of Constitutional Law
Lisa Manheim Reviewing Presidential Orders
Helen Norton The Government’s Speech and the Constitution
Kirsten Nussbaumer National Security and Election Law Autonomy
Zachary Price Symmetric Constitutionalism: An Essay on Masterpiece Cakeshop and the
Post-Kennedy Supreme Court
Christopher Schmidt Popular Constitutionalism: A User Guide
David Schraub Doctrinal Sunsets
Miriam Seifter Judging Power Plays in the American States
Carolyn Shapiro Democracy, Federalism, and the Guarantee Clause
David Sloss Universal Human Rights and Constitutional Change
Calvin TerBeek The Constitution as Political Program: The Republican Party and Originalism, 1977–88
Ilan Wurman The Specification Power

CONFERENCE ORGANIZERS
• Andrew Coan, Arizona
• David Schwartz, Wisconsin
• Brad Snyder, Georgetown

All constitutional law scholars are invited to attend. The Rehnquist Center will provide meals for all registered conference participants. Participants must cover travel and lodging costs. There is a conference registration fee of $50, which will increase to $75 after February 28, 2019. Registration fees are waived for students and faculty at UA Law. In addition, a limited number of scholarships are available to those unable to attend the event otherwise.

Please send questions to Andrew Coan ([email protected]).

For logistical questions please contact Bernadette Wilkinson ([email protected]).

THE REHNQUIST CENTER
The William H. Rehnquist Center on the Constitutional Structures of GoVernment was established in 2006 at the University of Arizona James E. Rogers College of Law. The non-partisan center honors the legacy of Chief Justice Rehnquist by encouraging public understanding of the structural constitutional themes that were integral to his jurisprudence: the separation of powers among the three branches of the federal government, the balance of powers between the federal and state governments, and among sovereigns more generally, and judicial independence.

REGISTER NOW

Posted by Howard Wasserman on January 29, 2019 at 01:54 PM in Teaching Law | Permalink | Comments (1)

Monday, January 28, 2019

Faculty Hiring: Three Faculty Positions at Lewis & Clark

Lewis & Clark Law School is currently accepting applications for an Assistant Clinical Professor in the Low-Income Taxpayer Clinic, an Assistant Clinical Professor in the Animal Law Litigation Clinic, and a Visiting Assistant Professor (two years) in the Lawyering program. Applications for the Low-Income Taxpayer Clinic and VAP positions are due February 8, 2019. Applications for the Animal Law Litigation Clinic position are due February 15.

Posted by Howard Wasserman on January 28, 2019 at 03:37 PM in Sponsored Announcements, Teaching Law | Permalink | Comments (0)

Sunday, December 30, 2018

Northwestern Law Review Exclusive Submissions

Northwestern University Law Review will accept submissions from January 1 to January 15, 2019. For all articles submitted in accordance with the instructions outlined below, the Law Review guarantees consideration by an Articles Board editor. All final publication decisions will be communicated to authors by February 5, 2019.

Participating authors agree to withhold the article submitted through our exclusive submission track from submission to any other publication until receiving a decision from the Northwestern University Law Review. Participating authors further agree to accept a binding publication offer, should one be extended.

Articles receiving a publication offer via this exclusive submission track will be published in Volume 114 in the fall of 2019. Though publication timelines can often be negotiated, participating authors agree to accept the publication timeline the Law Review offers.

If you are interested in submitting your Article, please email the manuscript as a Word document to our Senior Articles Editor, Kendra Doty at[email protected] during the submission window.

More information can be found on our website at http://northwesternlawreview.org/exclusive-submissions.

Posted by Howard Wasserman on December 30, 2018 at 04:59 PM in Teaching Law | Permalink | Comments (0)

Sunday, December 16, 2018

Sad law-prof blogging news

Concurring Opinions is shutting down at the end of the year. This is sad news. CoOp spun out of Prawfs in its earliest days and I experienced them (as reader and then as author/guest-author) as companion sites, covering similar issues of law and legal education with a similar sensibility. The posts containing the table of contents from new issues of law reviews will be missed. And this closing reflects the broader migration of this sort of legal writing to Twitter and Facebook.

Gerard indicated that there would be some farewell posts over the next two weeks.

Posted by Howard Wasserman on December 16, 2018 at 10:31 AM in Blogging, Howard Wasserman, Teaching Law | Permalink | Comments (7)

Friday, October 26, 2018

Don't be a lawyer

We are big fans of Crazy Ex Girlfriend, especially the music. Tonight, the show takes on law school and practicing law. Enjoy.

Update: Having seen the episode, the main plot development is the lead character deciding she does not want to be a lawyer anymore (although she is shown as being good at it). I must admit to expecting her to decide midway through the episode that she instead would become a law professor.

Posted by Howard Wasserman on October 26, 2018 at 09:24 PM in Howard Wasserman, Teaching Law, Television | Permalink | Comments (2)

Monday, October 22, 2018

70 Years of the International Law Commission

This Friday and Saturday, FIU Law Review will host 70 Years of the International Law Commission: The Role and Contributions of the ILC to the Development of International Law. It is organuzed by Charles Jalloh, my colleague at FIU and a member of the ILC. The roster includes judges, scholars, and ILC members from around the world. Friday schedule is here, Saturday schedule is here. It will be live-streamed, so plan to check it out.

Posted by Howard Wasserman on October 22, 2018 at 09:31 AM in Howard Wasserman, International Law, Teaching Law | Permalink | Comments (0)

Wednesday, October 10, 2018

Publishing opportunity--Kentucky Law Journal

Kentucky Law Journal is  looking for one article to round out its volume this year. They are specifically hoping to find a criminal law piece, but will consider other submissions as well. Authors can email submissions to [email protected]

Posted by Howard Wasserman on October 10, 2018 at 06:13 PM in Teaching Law | Permalink | Comments (0)

Monday, October 08, 2018

Better Call Saul does legal-academic fundraising

In the Better Call Saul season finale, Jimmy donates $23,000 to an area law school to name the library Reading Room after his brother. Just how unrealistic was that? What is the going rate for naming rights for a room in a law school?

Posted by Howard Wasserman on October 8, 2018 at 11:17 PM in Culture, Howard Wasserman, Teaching Law | Permalink | Comments (1)

Sunday, October 07, 2018

Barnette at 75

I am happy to say that FIU Law Review's symposium Barnette at 75: The Past, Present, and Future of the "Fixed Star in Our Constitutional Constellation" was a great success, with three terrific panels and a wonderful keynote speech by John Q. Barrett (St. John's) on Justice Jackson's particular approach towards a series of contemporaneous disputes involving Jehovah's Witnesses.

Video of the entire event can be found here.

One other shout-out: At the same time as our program, Georgia State hosted a conference on Anthony Kennedy's jurisprudence, including one panel on Kennedy's prose. At perhaps the same moment as that panel, several of us were having a conversation, sparked by one speaker noting the unformulaic nature of Jackson's Barnette opinion--was Kennedy, in opinions such as Obergefell, trying to be Justice Jackson?

Posted by Howard Wasserman on October 7, 2018 at 06:52 AM in First Amendment, Howard Wasserman, Teaching Law | Permalink | Comments (0)

Thursday, October 04, 2018

Barnette at 75 (Move to top)

Beginning at 9 a.m. Friday (tomorrow) is the FIU Law Review Symposium, Barnette at 75: The Past, Present, and Future of the "Fixed Star in Our Constitutional Constellation." The link includes the video for the livestream. The livestream and recording also are available here. The issue of the Law Review (which will include published transcripts of the Q&A sessions) will be published later this academic year.

The full schedule is after the jump.

Panel 1: Barnette in Historical Context

 
Chair and Moderator

Dean Joëlle Moreno, FIU College of Law

Comments

Ronald K.L. Collins, Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship

John Inazu, Barnette and the Four Freedoms

Genevieve Lakier, Barnette, Compelled Speech, and the Regulatory State

Brad Snyder, Frankfurter and the Flag Salute Cases

 

Panel 2: Reading Barnette

Chair and Moderator

Prof. Tawia Ansah, FIU College of Law

Comments

Paul Horwitz, Barnette: A Close Reading (for Vince Blasi)

Aaron Saiger, The pedagogy of Barnette

Steven Smith, “Fixed Star” or Twin Star? The Ambiguity of Barnette

 

Keynote Address

Prof. John Q. Barrett, St. John's University School of Law

 

Panel 3: Barnette in Modern Context

Chair and Moderator

Prof. Howard M. Wasserman, FIU College of Law

Comments

Erica Goldberg, “Good Orthodoxy”and the Legacy of Barnette

Abner S. Greene, Barnette and Masterpiece Cakeshop: Some Unanswered Questions

Leslie Kendrick, A Fixed Star in New Skies: The Evolution of Barnette

Posted by Howard Wasserman on October 4, 2018 at 10:47 PM in First Amendment, Howard Wasserman, Teaching Law | Permalink | Comments (2)

Wednesday, September 26, 2018

Barnette at 75

6ab403bdc2d5f9de3624331c42bd9be9I have mentioned this previously, but FIU Law Review and FIU College of Law will host Barnette at 75: The Past, Present, and Future of the "Fixed Star in Our Constitutional Constellation" next Friday, October 5, at FIU College of Law. We have a great slate of speakers, including our own Paul Horwitz.

The program is open to the public, so please attend if you are in the Miami area.

Posted by Howard Wasserman on September 26, 2018 at 11:25 AM in First Amendment, Howard Wasserman, Teaching Law | Permalink | Comments (2)

Sunday, September 23, 2018

Dean Search, The Catholic University of America, Columbus School of Law

As the national university of the Catholic Church in the United States, the Catholic University of America is committed to being a comprehensive Catholic and American institution of higher learning, faithful to the teachings of Jesus Christ as handed on by the Church. Dedicated to advancing the dialogue between faith and reason, the Catholic University of America seeks to discover and impart the truth through excellence in teaching and research, all in service to the Church, the nation, and the world.

Established in 1897, the Columbus School of Law is a national leader in preparing students of all faiths for the practice of law. The Law School has outstanding programs, institutes, externships, study-abroad opportunities, and nationally recognized clinics. Located in the nation’s capital, the Law School is housed in a beautiful modern building specifically designed for contemporary legal education, with state-of-the-art technology throughout its classrooms and library. The Law School offers three degrees: the Juris Doctor (J.D.), including a full-time day program and a part-time evening program; the Master of Laws (LL.M.); and the Master of Legal Studies (M.L.S.)

The School’s approach to legal education can be summarized with three words: practical, focused, and connected, also referred to as the CUA Law Advantage. The School shines as a gem within legal education in Washington, comprising collegial and compassionate students, a supportive and academically distinguished faculty, and an accomplished and well-connected alumni base that is actively involved in assisting current students to reach their goals.

The Law School seeks a distinguished legal scholar or member of the legal profession to serve as its next Dean. Reporting to the Provost, the Dean is the School of Law’s chief academic, advancement, financial, and administrative officer, with overall responsibility for its academic programs, operating budget, personnel management, strategic planning, public relations, and fundraising. The Dean is also the Law School’s primary representative to the University, alumni, and legal communities.

The next Dean will be presented with the opportunity not only to propel CUA Law to higher levels of prominence and distinction, but also to serve among the senior leaders of an international, Catholic research university.

CUA seeks a Dean who will make a significant contribution to advancing the University’s mission and goals, continue to advance the national academic and professional standing of the Law School, and provide strategic vision at an important time in its history. Candidates should have demonstrated leadership, administrative, and fundraising abilities and offer a long-term vision for the continued growth of CUA Law. Because the Law School seeks a vibrant intellectual leader, all candidates are expected to meet the qualifications for appointment at the rank of full professor with continuous tenure by their scholarly publications and/or distinguished contributions to the profession.

Nominations, inquires, and applications should be sent in confidence to: [email protected]

The Catholic University of America is an Affirmative Action, Equal Opportunity Employer.

Posted by Howard Wasserman on September 23, 2018 at 03:21 PM in Teaching Law | Permalink | Comments (0)

Monday, September 17, 2018

FIU COL leads Florida Bar passage . . . again

A bit of shameless school self-promotion. I am happy to say that FIU College of Law again led Florida law schools in bar passage, at 88.1 %. By my count, this is the sixth time in the past seventh Bar administrations that we have led the state (on the seventh, we finished second, missing by one). We remain a well-kept secret in legal ed.

Posted by Howard Wasserman on September 17, 2018 at 02:51 PM in Howard Wasserman, Teaching Law | Permalink | Comments (0)

Friday, September 07, 2018

ICYMI: Ten (okay, Nineteen) Tips for New Law Professors

I wrote this a while ago and offer it again in case it may be of use.

1.  Begin a little more strictly than you mean to go on.  If you start out strict and stern, you have room to lighten up. If you start out lax, you will pay a real price if you need to impose order later on.

2.  If you put a policy in the syllabus, stick to it even if you think you might have been wrong.  I learned this the hard way.  The first time I taught Professional Responsibility, I stated in the syllabus and in class that the exam would be a two-hour exam.  After I wrote it, I decided it was a bit too hard and I would be "nice" and give them an extra hour to complete it.  I had a young woman in my office 30 minute before the exam so angry I thought she would spit on me. I told her she was welcome to finish in two hours instead of three, but that didn't placate her. I finally told her she'd have to take it up with the associate dean, and I'll be damned if she didn't march down there and do just that.  Thankfully, he backed me up, but I never again made a major policy shift midstream.  She wasn't the only disgruntled student that day, either.

 3. Put everything you can think of in the syllabus, even things that should go without saying.  For example, if you are teaching a seminar, you should consider a policy stating that plagiarism is a ground for failing the course, and you should have an extended explanation in the syllabus explaining what plagiarism is.  You might think that everyone accepted to law school already knows what plagiarism is, but you would be wrong.  More importantly, by explaining what plagiarism is in the syllabus, you deprive the student of the ARGUMENT that s/he didn't know s/he was committing plagiarism.  Another example of something you might want to put in the syllabus is a statement that it is rude and disruptive to come late to class, to come and go during class, or to leave class early without notifying the professor beforehand.  Frankly, I'm not sure I realized how distracting these habits are before I started teaching, and many of your students won't, either.

 4. "Don't be moody." 

This is a piece of advice I received early on from a relatively new law teacher, and it has always stuck in my head. The person who gave me the advice was male, and he evidently had gotten burned  by violating it.  What the advice boils down to, I think, is that students desparately need you to be predictable. It is comforting to them when they know roughly what to expect each day. 

5. Students decide very, very quickly whether you're on their side or not. If they decide you are, they will forgive a multitude of mistakes. If they decide you're not, nothing you do will be right.  I've been teaching for 19 years, and I only had one class that hated me.  They decided early on that I was mean, and everything I did provided confirmation.  They even hated how I started the class and what I wore. (I'd given birth the month before the class started, and my wardrobe was limited). Frankly, I grew to dislike most of them, too.  However, in telling this story, I'm violating the next tip in my list.

6. Be careful about generalizing how "the class" feels.  A communications researcher would probably insist that, in fact, there is no such thing as a "class." (See Ien Ang).  Instead, a "class" is a collection of individuals with disparate needs and interests and judgments about the classroom experience.  That said, it is easy to assume that outspoken students represent the feelings of the entire group.  It so happens that what I think of as "the class that hated me" (discussed above) included two especially delightful students, who took one of the most fun Media Law classes I ever taught. I still keep in touch with them even though they graduated more than a decade ago.

7. Watch out for group dynamics.  Let's say you have a student who is engaging in disruptive behavior. You may be tempted to call the student out for his or her behavior in front of the whole class, but this is usually a bad idea.  Even if other students started out being annoyed at the disruptive student, they may turn on you if you come down too harshly on the student or make him lose face. What should you do instead? I use what I call "class regulation by raised eyebrow."  For example, if a student is late, I may visibly lose my train of thought and stare at him with a completely blank expression on my face for a few seconds--just long enough to be socially awkward.  That does the trick 99 percent of the time.  If you try informal means of "discipline" and they don't work, however, the next step is to call the student into your office. The student won't lose face, and you won't run the risk of having the entire class turn against you for being "mean."

8. Try not to project insecurity. In other words, fake it until you make it.  Although you may be tempted to reveal to the class that you are brand new or are learning the material for the first time, you certainly don't have to and some would argue you shouldn't.  Remember that the students are lucky to have a teacher who is energetic and curious and enthusiastic and can reach them at their level.  Also remember that as little as you think you know, you still can read a case far better than even your brightest student.  So project confidence, but . . . [see next rule.]

9. When you make mistakes, fix them.  When I first taught Torts, I slept with the Prosser & Keeton hornbook by my bedside.  I would wake up in the middle of the night thinking "what if they ask me X?" I would then flip through Prosser & Keeton, read it, perhaps even take notes, and then go back to sleep.  I realize now that every first-time teacher makes mistakes; it is just a question of how you handle them.  Sometimes you will just have to say, "I don't know. Let me research that and get back to you tomorrow." [But make sure you have the answer when you promised it.]   One classic dodge is to say:  "Hold that question. We'll get to that later in the class (or tomorrow or next week)." [Make sure you research the answer and come back to it when you said you would.]  If you realize you didn't explain something well or your explanation was misleading, one way to handle it is to say at the start of next class:  "I'd like to begin by clarifying X that we were discussing yesterday." [Then give your 5-10 minute summary/totally correct explanation.]  Occasionally, you will realize that you said something completely wrong and you will just have to apologize and fix it. As consolation, remember that you are modelling for them how to handle mistakes, and it may be one of the most valuable lessons you can teach future lawyers.  Law is a complicated business, and we all make mistakes from time to time no matter how hard we try or how smart we are.

10.  Trade-offs are inevitable.  More depth or more coverage? Encourage participation and intellectual curiosity, or hew to an organizational scheme?  Stick to your syllabus, or spend more time on the things the class seems interested in or doesn't understand readily? There are lots of other trade-offs of this sort that you'll have to make and then re-make when you realize you've tilted the balance too far toward one value at the expense of another.

11. Make ideas "sticky." Try to come up with ways to make the material you teach memorable.  Silly is sticky.  Graphics (pictures, drawings on the board) are sticky. Funny is sticky. Music is sticky. My Trusts and Estates professor even danced on the table to reinforce a principle, and I remember it (the dancing) twenty years later.  The principle had something to do with whether separate property acquired after the marriage becomes community property or not.  Okay, so the idea wasn't that sticky, but my point still holds.

12. Use the board more than you think you need to. It helps keep the class structured, and it helps the visual learners in the class.   Conversely, use Power Point less than you think you need to.   Power Point is good for pictures and videos, and it can be used to examine closely the text of a rule or to convey highly detailed and technical material through lecture.  Do NOT put giant blocks of text on Power Point and then simply read to the class from the slides. EVER.   

13. It's not about you; it's about the students. Try to keep their needs foremost, instead of your own desire for ego gratification or anything else.  

14. Keep a degree of formal distance between you and your students.  You can treat them like future colleagues, but you cannot be friends with students until they have left your class.  Your role requires you to sit in judgment of your students when you grade them, and that role can be compromised if you don't maintain formal distance.

15. Never use the same exam twice!!  Violate this rule at your extreme peril.

16. Ask colleagues for advice, but remember you don't have to take all the advice you receive.

17. You will teach a class best the third time you teach it.

18. If you are teaching a large class and don't feel that voice projection is one of your gifts, consider wearing a microphone. This tip was shared by my anonymous source. I've never had this problem, but I've heard plenty of complaints from students about being unable to hear some of my colleagues. It is impossible to be an effective teacher if the students cannot hear you.

19. Consider wearing a suit. Even if you don't plan to wear it forever, it may help as a crutch for faking it until you make it and can help you maintain some formal distance from the students. This tip also came from my anonymous source, but I fully concur. I don't wear a suit every single day now, but I believe in signalling I take the endeavor seriously by dressing professionally.

Posted by Lyrissa Lidsky on September 7, 2018 at 11:56 AM in Lyrissa Lidsky, Teaching Law | Permalink | Comments (12)

Tuesday, September 04, 2018

What’s the Fuss about Medical Education-Some Preliminary Thoughts

As some of my readers know, my first job in academe was on the full time faculty of a medical school and since then I’ve always had joint appointments.   I’ve done some writing about the differences here and here.  Like law schools, medical schools face the challenge of turning lay people into professionals in a very short period of time.  Over the month, I will highlight some of the things they do that could work for us.  Notice throughout that medical education articles about teaching techniques are almost always accompanied by research about how they worked compared to alternatives.    In later posts, I will suggest how we could (and why we should) test our curricular innovations so that we can make better decisions about what works—and so that we can make it easier to share effective techniques within our own schools and beyond.   For now, though, it’s important to understand that medical school faculty start ahead of us on this because every medical school has its own office of medical education to support the faculty and , as a profession in itself, these educators produce vast amounts of easily available research studies on what works and what doesn’t.    Here are some examples from  Johns Hopkins, Stanford, Brown, and University of Illinois, but every medical school has one.  And if we could be more meta, here’s some research on their effectiveness. How big is this field of medical education- have a look at an overview of the conference schedule.

This focus on testing what works goes beyond medical schools into the other health professions as well.  So, for example, this article is by a professor of veterinary medicine looking at whether students learn neural anatomy better when they use expensive three-dimensional and digital teaching tools in addition to the traditional dissection and learning methods.  In recap, yes, although the students themselves don’t notice the difference.  The article cites about 50 other articles around the world looking at the same question—all very important when making the decision of where to invest limited resources.  Here’s an overview of the concept of evaluating educational effectiveness. 

Finally, for tonight, medical education has approached the challenge of teaching busy practitioners to be educators in ways that respect the time of volunteers yet maximize the learning experience for students. In particular, they’ve spent considerable time finding ways for students in the first year (or days) of medical school to learn in practice based settings.   This is years before they begin the process of clinical rotations or residencies.

 This article runs through four techniques that practitioners can use to turn what are essentially “shadowing” experiences into teaching.  And here’s the evaluation study. .

--to be continued…..

Posted by Jennifer Bard on September 4, 2018 at 12:07 AM in Teaching Law | Permalink | Comments (0)

Friday, August 31, 2018

Kai-zen and Poka-yoke in the Classroom

Even when I'm not doing a whole new prep, in the spirit of kai-zen ("continuous improvement"), I like to tinker with the form and the substance of a class.  Sometimes the tinkering is fairly substantial.  Several years ago, the authors of my contracts casebook decided to produce another edition.  I respectfully declined to adopt it, not believing that there were sufficient advances in the law of contracts to justify having students buy a newly-issued book.  But, upon discovering that there weren't enough copies of the old edition in circulation to be sure students could get them, I decided to scrap the casebook entirely, download and edit the cases myself, post them on Blackboard, and assign the very good Examples & Explanations book as the text.

If you aren't familiar with it, kai-zen is a fundamental aspect of lean manufacturing, something that had its roots in the Toyota Production System in Japan after World War II, and migrated to the United States and elsewhere in the 1980s and 1990s.  In first year contracts, I came up with two improvements yesterday, as usual in the several hours before the first class was to begin.

Screen Shot 2018-08-30 at 6.23.23 PMThe first was substance.  I record all my classes and post my notes as soon as we are done with a unit.  I decided that I wanted the very first thing that I said on the very first day to be something to which the students could return when, as I put it, later in the semester they got frustrated with the material, me, the book, the cases, or why they made the decision to go to law school in the first place.

The second was form.  As I've mentioned, I don't impose a seating chart, and my cold-calling tends to be half-hearted at best, and tails off over the course of the year.  I do, however, start with "on-call" panels, and I do like to know something about my students.  In past years, I have simply given them blank index cards with the instruction to write their names and other information.  But, regardless of the instructions, students have managed to leave stuff out, write on the back of the cards, fill the cards so that I can't put pictures on them, etc. I have also struggled with how to take that information and use it (a) to organize the panels, and (b) have the information, including their pictures, readily accessible as I have to find them in the classroom (because I don't use seating charts). 

So I called on another lean manufacturing concept - "poka-yoke" or "inadvertent mistake prevention."  The idea on the manufacturing floor is that you set the process so that the operator can't make a mistake without shutting things down.  Instead of having two similar and identical holes for which the inserted piece could get reversed, you make the holes into different shapes and non-symmetrical.  It occurred to me that, if I just did a little poka-yoke on the cards, I would get the information just as I wanted it, and with a space in which to insert a picture.  

Voila!  What you see above, which took about 90 seconds in Word to create, and which could be duplicated on 4 x 6 index cards.  To create the panels, I just shuffle the cards and separate them into groups.  To call on students, I just reach for a card.

Posted by Jeff Lipshaw on August 31, 2018 at 08:46 AM in Lipshaw, Teaching Law | Permalink | Comments (3)

Thursday, August 30, 2018

POSITION ANNOUNCEMENT - DIRECTOR OF THE ENTREPRENEURIAL/TRANSACTIONAL LAW CLINIC AND ASSISTANT/ASSOCIATE/PROFESSOR OF LAW

DRAKE UNIVERSITY LAW SCHOOL invites applications for the position of Director of the Entrepreneurial/Transactional Law Clinic. The position will begin in the 2019-2020 school year, and will be a twelve-month position. The directorship could be annual or long-term contract, or tenure-track, depending on the candidate’s qualifications and preferences. Duties will include supervising and assessing Clinic students representing nonprofit organizations and emerging entrepreneurs.   The Clinic primarily focuses on assisting startup businesses and nonprofits in underserved communities in Polk County, Iowa that are not able to afford retained counsel.   In addition, graduate students and other researchers at Iowa State University provide another source of Clinical transactional cases, many of which include advanced issues involving tech transfers, capital structures, and software licensing. The Director will have the opportunity to build on the success of the existing clinic, which serves a vibrant, diverse community of innovators.  In addition, there may be opportunities to teach doctrinal and experiential-learning courses depending on the law school’s curricular needs.

Candidates must possess a J.D. or comparable law degree and be admitted to, or able to satisfy the requirements for admission to the Iowa Bar. A distinguished record of clinical teaching or extensive practice-related experience, with a demonstrated capacity for excellence in teaching, supervision and assessment, scholarship, and service is preferred. At least three years of teaching and/or practice experience is also preferred.

Drake has long excelled in clinical education and is a pioneer in the area. Our six clinics provide students with an outstanding legal experience in Children’s Rights Law, Delinquency Law, Elder Law, General Civil Law, and Criminal Law. Housed in the state-of-the-art Neal and Bea Smith Law Center, the Legal Clinic is an integral part of the Law School Program and is supported by a multi-million dollar endowment. The Law School is located in Des Moines, the capital of Iowa, a thriving metropolitan area of more than 700,000 people. Des Moines is consistently ranked in national surveys as one of the best places to live in the United States. 

Drake University is an equal opportunity employer and actively seeks applicants who reflect the diversity of the nation. No applicant shall be discriminated against on the basis of race, color, national origin, creed, religion, age, disability, sex, gender identity, sexual orientation, genetic information or veteran status. Diversity is one of Drake’s core values and applicants need to demonstrate an ability to work with individuals and groups of diverse socioeconomic, cultural, sexual orientation, disability, and/or ethnic backgrounds.

Confidential review of applications will begin in August 2018. Applications (including a letter of interest, a complete CV, teaching evaluations (if available) and the names and addresses of at least three references) should be sent to Professor Ellen Yee, Chair, Faculty Appointments Committee, Drake University Law School, 2507 University Ave., Des Moines, IA 50311 or e-mail: [email protected].

Posted by Administrators on August 30, 2018 at 10:35 AM in Sponsored Announcements, Teaching Law | Permalink | Comments (0)

Wednesday, August 29, 2018

Law Schools as a Proxy for Class

Above the Law recently published an article by LawProfBlawg—an anonymous professor at a Top 50 law school—called “Classism in Academia.”  The article takes as a jumping off point the characteristics of law professors in the latest citation count rankings, and notes the low numbers of ranked professors “who didn’t go to a top 10 law school (and more likely to be from a lower socio-economic status).”  This isn’t the first time I’ve seen someone endorse the idea that the law school a student attends is a good proxy for his or her class.  So I thought I’d spend a few minutes explaining why I’m uncomfortable assuming that a law professor’s attendance at a Top 10 law school (as opposed to a lower ranked school) is a good proxy for class.

But before I get to that explanation, let me say that I think that schools should consider socioeconomic status when it comes to achieving diversity both for faculty and students.  And I also think that it is a good idea for schools to hire from a broad array of different law schools.  I’d be happy to defend either of those positions.  But I don’t think that one has to believe either or both of those things to think that we shouldn’t use attendance at a Top 10 school as a proxy for class.

So what do we know about the socioeconomic status of people who attend top 10 law schools?  I haven’t done independent research on the topic, so I can’t say with any authority.  But what I can say is that the evidence offered in this article doesn’t support the proxy argument.  That is because, to show that a professor’s alma mater is a good proxy for class, you’d have to show not only that folks who attend top 10 schools came from money, but also that those who attended schools ranked 11 or below didn’t.  In addition to that, you’d have to show that there is a significant enough difference between the socioeconomic status of people at the top 10 schools and those at schools 11 or below that we can say school attendance is essentially interchangeable with class.  And, from what I’ve seen, the limited data available doesn’t suggest that either of these things are true.

What appears to be the best data set about socioeconomic status in law schools (a data set that didn’t include family income) supports the idea that people who attend law school tend to have a higher socio-economic status than those who don’t.  And the LawProfBlawg article points to it as support for its claim about law school as a proxy for class.  I’m not in a position to assess the methodology or limitations of that study.  But I can say that the study doesn’t show a significant difference between the top 10 law schools and the top 50 law schools.  According to the table on page 9, 82% of students at top 10 law schools are in the top quartile of socioeconomic class, as compared to 77% at schools ranked 11-20, and 73% at schools ranked 21-50.

That comparison is important because it shows a serious weakness with the class proxy argument.  The weakness is that a person who attended a school in the top 50 (but not top 10) ranked law schools is *very* likely to have come from a high socio-economic class—in fact, they are nearly as a likely as a student at a top-10 school to have come from money.  So if we are going to assume that someone who went to a top-10 ranked school had a high socioeconomic status, why would we not assume that about someone who went to a school ranked 15?  Or 35?  Or 42?

I’ll admit that I feel somewhat defensive about this topic.  But I want to be very clear about *why* I feel defensive.  I feel defensive because the law school that I went to—although it is at the top of the US News rankings—wasn’t just filled with the children of the super-rich.  (And there is a best-selling book out there right now that seems to say it is.)  And there is some limited information out that that suggests my school—Yale Law School—doesn’t deserve the reputation that this proxy argument seems to assume.  The current dean of the law school recently tweeted some statistics about the incoming class, including that 10% of the class are the first in their family to attend college and that more than a quarter are the first in their family to attend professional school.  And another Yale grad helpfully tweeted some information about an older survey of YLS students reporting that the median family income was not significantly higher than the national median.

Not only does my law school not get the credit that it deserves, but the claim that school is a proxy for class also makes those of us who went to these schools but who didn’t have a lot of money feel kind  of crappy.  As this topic was being discussed on Twitter, I had a few friends reach out to me to tell me how upset they’ve been when people assume that, because they went to Harvard or Yale, that they must have grown up with a lot of money.  They are upset because comments like this suggest to them that people assume that they didn’t have to work hard to get that degree.  And it especially stings because they remember having to eat Ramen or turn down fancy unpaid internships because they didn’t have the money to do otherwise.

This defensiveness is much different than what LawProfBlawg mentions in his article.  The article says:

I also find it a bit amusing that some who tout the need for student diversity often become exceptionally defensive when looking at their own privilege and the need for academic diversity. I’m not suggesting that those of you who are at elite law schools or who have elite law review placements don’t deserve kudos. It is simultaneously possible to accept that you have been benefitted by privilege based on your race, class, or gender and also continue to value your own writing and scholarship and continue to have it valued.

The working class kids who went to these schools didn’t have the benefit of class.  And insisting that we should use alma mater as a proxy for class minimizes or even erases whatever hurdles they faced by not coming from money.

The proxy argument also exacerbates something that I’ve always found unsatisfying about the current discussion surrounding privilege—that it sometimes suggests that only some have truly “earned” their current success.  I’m not sure that any of us can say that we didn’t benefit from something that was external to ourselves.  For example, even though I didn’t grow up with money, I was extremely lucky to have two parents who greatly valued education, lucky to have a high school teacher who encouraged me to apply to Ivy League schools, lucky to have college friends who convinced me to apply to law school, lucky to have a first year law professor who encouraged me to transfer to Yale since I wanted to teach, and insanely lucky to have a partner who is more supportive and understanding than any other human being that I know.  And if I constantly focus that the advantages that others have because they are male or because they grew up with money, it is easy for me to lose sight of all of the advantages that I did have.  There are plenty of people who worked just as hard as I did and were just as smart, but who weren’t as lucky.  And I don’t want to lose sight of the luck that I’ve had and start thinking that I have only myself to thank for whatever I've accomplished.

But perhaps that most troubling thing about the law school proxy argument is that it is trying to tap into innate feelings about fairness when what we need is a more careful and nuanced discussion about law school hiring.  There is no dispute that it is easier for a candidate to get a law teaching job if she has gone to Harvard or Yale than if she’s gone to a school outside of the top 30.  But it’s not entirely clear why it is easier.  If we say that the difference between those candidates is about money, then we automatically assume that the system must be flawed.  But if the socioeconomic status of students from a school ranked #1 and a school ranked #30 aren’t actually all that different, then we need to have a more difficult conversation about why that hiring difference is a problem.  Is it because Harvard and Yale have better networks for their grads?  Is it because they do a better job teaching their students about academic writing?  Or is it some form of discrimination?  It’s not enough to shout “hierarchy” or “elitism”—you need to have a more nuanced discussion.

I’m not saying that a nuanced argument against our current system can’t be made.  In fact, I think it can.  And since we are law professors, I think that we have a pretty serious obligation to have the nuanced discussion.  We shouldn’t let our own preconceived notions about they “types” of students who graduate from these schools dominate.

Socioeconomic class is something that law schools should care about.  But let’s please stop saying that only top 10 law schools have diversity problems when it comes to class.  It simply isn’t true.  And it prevents us from having a better discussion about the issue.

Posted by Carissa Byrne Hessick on August 29, 2018 at 10:14 AM in Carissa Byrne Hessick, Life of Law Schools, Teaching Law | Permalink | Comments (42)

Guest Post: A Law Faculty Candidate and His Judicial Reference (1934)

The following guest post is by John Q. Barrett (St. John's and The Jackson List)

In summer 1934, Harold Roland Shapiro was a young lawyer.  It seems that he had earned his Bachelor of Laws degree eight years earlier at New York Law School, and that he had gone on to work in Washington, D.C., in a government position that had something to do with trade and antitrust law.  [I have not been able to find many sources on Mr. Shapiro’s background—I welcome any pointers.]

It also seems that Shapiro was acquainted with U.S. Supreme Court Associate Justice Benjamin N. Cardozo.

We know this because Shapiro wrote to Justice Cardozo during the Court’s 1934 summer recess.    Shapiro reported some good personal news:  positive signs that he would be employed by his alma mater to teach Administrative Law.  And Shapiro asked for Cardozo’s help—he requested a letter from the Justice to New York Law School’s dean, recommending Shapiro for the teaching position.

Cardozo declined to send the “Supreme Court justice letter” that surely would have been, if Shapiro had needed it, an employment-clincher.  Instead, Cardozo, summering in Westchester County outside New York City, wrote back to Shapiro, explaining his policy of not volunteering recommendations:

Rye, N.Y.

                        August 12, 1934

Dear Mr. Shapiro,

            I am much gratified

at the word that you are

likely to give instruction in

administrative law at the

New York Law School.  You

have many qualifications

for the work and will

be happy in it.

            As for writing to the

Dean, I have a fixed rule

never to recommend any one

for appointment to a

position of any kind unless

my opinion has been solicited

by the appointing power.

You will agree with me, when

you reflect about the matter,

that this is the only

appropriate attitude for a

judge to take.

            With all good wishes and

kind regards

                        I am faithfully yours

                                    Benjamin N. Cardozo

It’s not clear what happened next.  Maybe Shapiro got the Dean to ask the Justice for his views and Cardozo then endorsed, or maybe Shapiro did not and his application went forward without it.

In any case, Shapiro got the job—he became an Assistant Professor at New York Law School (at least by 1938, which is the earliest press reference I can find, but I assume that it happened in Fall 1934).

This all seems extra-relevant to me because I am, like many law professors, on my school’s Appointments Committee this year and going through candidate resumes.  Many are excellent.  I wish every applicant the luck of Shapiro and each of us who gets to think, teach, and write as a law professor.

And I am reminded, by Justice Cardozo, that when an interesting candidate lists a great Judge as a reference and I might wish to hear his or her views, I should take the initiative to make contact.

And a final point, for history:  For any collector, or any would-be benefactor of an appropriate archive, the Cardozo-to-Shapiro letter is available for purchase—click here if you have $1,500 to spend for it.

Posted by Howard Wasserman on August 29, 2018 at 09:31 AM in Legal History, Teaching Law | Permalink | Comments (0)

Tuesday, August 28, 2018

Dean Search: University of Utah S.J. Quinney College of Law

The University of Utah invites nominations and applications for the position of Dean of the S.J. Quinney College of Law.

The Dean will be a nationally recognized leader with demonstrated administrative skills and a discernible commitment to the values of the College of Law and its mission to educate, to advance the frontiers of knowledge, and to serve the public. As its chief administrative and academic officer, the Dean will foster inclusivity and diversity, promote collegiality and respectful engagement, meaningfully collaborate with others at the University and in the community, and possess an aptitude for development, donor and alumni relations, and the wise stewardship of resources. The Dean also must guide the College of Law in innovating approaches to the present challenges in legal education and in sustaining its reputation for institutional excellence.

The Dean will serve a five-year renewable term, commencing July 1, 2019. The successful candidate must have a J.D. degree. Rank and compensation will be commensurate with qualifications and experience; a scholarly record that supports an award of tenure and rank of full professor is preferred.

Founded in 1913, the College of Law is the only public law school in the State of Utah. The Dean will lead an exemplary group of 47 full-time faculty members, about 300 students, and a dedicated professional staff, all of whom contribute to the quality and vibrancy of the institution. Our faculty publishes works in leading journals, collaborates on prestigious interdisciplinary projects, writes impactful legal briefs and policy white papers, authors books of national and international interest, hosts cutting-edge conferences, and has a longstanding (and rising) reputation for scholarly excellence, community engagement, and inventive pedagogy. Overall, U.S. News & World Report ranks the College of Law nationally as a top 30 public law schools and a top 10 environmental program. The College of Law supports two centers of research excellence with national impact and significant student involvement. The Wallace Stegner Center for Land, Resources, and the Environment is dedicated to understanding our critical environmental challenges and promoting public knowledge and dialogue about sustainability. The Center for Law and Biomedical Sciences is committed to improving health law policy in the life sciences, biotechnology, bioethics, and the medical and technologic arts.

The College of Law currently has a student-to-faculty ratio of 6:1, which fosters unparalleled faculty mentoring and support for our students. Employers routinely laud our unique legal reading and writing program, a cornerstone of the first year curriculum. Our upper level courses enable our students to individualize their program to suit their future directions, and we offer six subject matter certificates and joint degree programs to that end. Outside of the classroom, our students experience learning through an extensive nationally recognized clinical program, recently ranked 15th in the country for Practical Training in 2018 by PreLaw magazine. For example, 90% of the class of 2016 participated in 14 clinics, with each student averaging over 300 hours of clinical work for credit. The College of Law also supports a remarkable, one-of-a-kind volunteer program that allows students to provide legal outreach to the local community. In 2016, our students contributed over 4000 volunteer hours and served almost 2000 clients in nine brief advice clinics. After graduation, we are proud to find our alumni pursuing distinguishing roles in every sector, in every area of law, and in every part of the country.

Building on these accomplishments, the College of Law recently opened a 155,000-square-foot state-of-the-art facility designed to enhance innovation in legal education, bolster community service, and provide students with new opportunities for skills training. Designated LEED platinum, the new building incorporates award-winning accessibility and sustainability features that embody the College of Law’s deep commitment to the environment and to the community.            

As a flagship research institution in the elite Pac-12 Conference, the University of Utah enrolls approximately 26,000 undergraduate and 6,000 graduate students and ranks among the best global universities. Heralded for its entrepreneurial spirit, Forbes magazine ranked the state of Utah as the 3rd Best State For Business in 2018. Our campus is located in Salt Lake City, a progressive state capital and regional economic epicenter, which serves as a focal point of growth for a diverse metropolitan area of over one million people ranked as the 10th best city in the U.S. by U.S. News & World Report in 2017. The city is home to a wide variety of cultural activities, including the Utah Symphony and Opera, Ballet West, the brand new Eccles Theatre, a vibrant concert scene, and several professional sports teams, and offers unparalleled recreational opportunities, with ten world-class ski resorts and five national parks nearby. More information about the city and the region can be found at http://www.visitsaltlake.com.

Applications, including a curriculum vitae, a letter stating the candidate’s interest and qualifications, and five professional references, should be submitted to http://utah.peopleadmin.com/postings/79927. Confidential inquiries should be directed to the search committee co-chairs, Keith Diaz Moore, Professor and Dean of the College of Architecture + Planning, at [email protected], and Amelia Smith Rinehart, Professor of Law and Associate Dean for Faculty Research and Development, at [email protected]. The committee will review applications beginning October 5, 2018, until the position is filled.

More information about the position can be found at http://lawdeansearch.utah.edu. Please visit http://law.utah.edu and http://www.utah.edu to learn more about the S.J. Quinney College of Law and the University of Utah.

The University of Utah is an Equal Opportunity, Affirmative Action employer and strongly encourages minorities, women, veterans, and persons with disabilities to apply. A veterans’ preference will be extended to qualified veterans. Reasonable disability accommodations will be provided with adequate notice. For more information, please refer to the University’s equal opportunity and nondiscriminatory employment policy: http://www.regulations.utah.edu/humanResources/5-106.html. Inquiries about University nondiscrimination and disability accommodation policies may be made to the University’s Title IX/ADA/Section 504 Coordinator by mail to Director, Office of Equal Opportunity and Affirmative Action, 201 S. Presidents Circle, Rm. 135, Salt Lake City, UT 84112 or by telephone to (801) 581-8365 (V/TDD).

Posted by Howard Wasserman on August 28, 2018 at 04:30 PM in Teaching Law | Permalink | Comments (0)

Sunday, August 26, 2018

A Guide for the Perplexed - Law Professor Careers Edition

220px-Guide_for_the_Perplexed_by_MaimonidesWith sincere apologies to Maimonides, and having been a guest blogger through this year's fall article submission season, it seems like an opportune time for a short update to those classics, Memo to Lawyers: How Not to "Retire and Teach" and "Retire and Teach" Six Years On.  I wrote the former piece after getting a tenure-track law teaching job at the ripe old age of 52, reflecting on the idiosyncrasies of the hiring process, particularly for the superannuated aspirant, after having experienced the real world for most of a career. I wrote the latter piece shortly after I got tenure, reflecting mostly on what it really meant to do scholarship and teaching well.  

I now have the further experience of having participated on various career-related committees and the faculty meetings in which hiring and other career decisions get made.  (Disclaimer:  what follows are my views alone and do not represent views of my employer, any committee on which I sit, or any other member of our faculty.)  So, below the break, and for what it's worth, here are some random and personal thoughts about the role of scholarship in academic law careers and careerism, particularly for pre-tenured folks, from my particular perch at a respectable but certainly not an "elite" school.

  • Why are you writing?  Presumably it's because you like doing it and see it as a way of making a difference in the world.  But from a career advancement standpoint, you do it for one of three reasons:  to get hired, to get tenure, or to move laterally.  What I'm about to say is based on intuitions about data because the data is not readily available.  The first and the last of those career objectives are difficult; the middle one, at all but a handful of institutions, is relatively easy.  My suspicion is that the lateral market is far less important as a factor in career advancement than it might otherwise seem - again the availability heuristic at work.  The AALS reports that there are over 10,000 full-time tenured or tenure-track law professors (makes sense - about 200 schools at an average of 50 faculty members).  Maybe there are 100 lateral moves a year?  A very well-known senior law professor/scholar told me years ago not to expect to move laterally - this person had spent 17 years at a lower top 100 school before making a series of significant jumps up the food chain.  My intuition (which I could test if I didn't think it was undue navel-gazing) is that the farther you go down the rankings, the higher the percentage of faculty that have spent their entire career at the school.
  • CVs provide a gestalt.  My own experience is that I take it in as a whole and don't react to any particular item unless there is something truly exceptional about it.  For my money, the angst and mental energy I see reflected on this blog with respect to article placement is barely worth the effort.  The names of law reviews in which you've published are visceral heuristics that, in my experience, matter only when one is flipping through hundreds of FAR submissions.  Even then, it matters only to an extent and not at the level of granularity that people seem to think makes a difference.  Per the lumping of peer reputation scores I've highlighted before, if you've published in the elites it would cause me to notice, and it would probably cause me to notice if you published nowhere but specialty journals in the unranked USNWR category of law schools, but little else matters viscerally.  I don't keep a US News or Washington & Lee ranking in my head, and couldn't tell you where Tulane ranks in relation to Colorado to Temple.  And even noticing isn't the same thing as making an informed judgment that involves the subject matter of the writing, the apparent sophistication of the work (if one can tell from the title), or its originality, even if I make the judgment quickly.
  • Once you get past the visceral, here's what I think really happens.  As Paul Caron wrote in an article over ten years ago, legal scholarship has an exceedingly long tail.  Paul relied on research done by Tom Smith at San Diego.  The top half percent of articles get 18% of all citations, the top 5.2% get 50% of all citations, and the tail gets truncated quickly as 40% of all articles never get cited.  I'm assuming that there is a relationship between citation and articles even getting read.  The times you can be sure some or all of your work will be read is when you've made it through the callbacks and are into the final several people being considered for the spot, when you are being reviewed for promotion or tenure, and if and when you were ever in the final stages of the lateral process.  Generally speaking, people doing that reading aren't idiots, and know exactly how the system works.  If the piece sucks, but somehow you managed to get it through the editorial board at take-your-pick top 50 flagship, very few people who know the area in which you are writing are going to think to themselves, "Hmm, this person missed the really important work on this subject and skated over the hardest responses to the argument, but my gosh it was placed in the Big Ten Other Than Michigan Law Review, so it must be good."
  • While being perceived as a competent scholar is a but-for in the hiring, tenuring, and lateraling milieus, the make-or-break consideration is being perceived as a productive scholar.  If there is anything I find meaningful in visceral impressions, again it is the gestalt of a CV with a healthy list of publications the dates of which show consistency, all appropriately adjusted for the length of one's career.
  • In creating the gestalt, aim for one traditional law review behemoth a year.  But don’t overlook short pieces - reactions, brief essays, and so on.  The online supplements are nice for this, as are the "essay" sections of traditional law reviews.  You read a piece and have 3,000 to 5,000 words (or fewer) to say about it.  Do it!
  • With the shorter pieces, take a shot at a peer reviewed journal.  I really like the courage it shows. (Most peer reviewed journals have a word limit - usually no more than 10,000.).  It takes longer to place them, but it really is a professional affirmation.  And since it's likely that they don't count as "tenure pieces" under many schools' tenure standards, the wait doesn't matter so much.  Steel yourself, however, for what academics in other disciplines experience:  evil reviewer #2 who hates your piece, your school, and you, "revise and resubmit," and Chicago Manual of Style footnotes. 
  • My thoughts on the substance of what gets written and the relationship of that substance to career advancement - issues of cross-disciplinarity, normativity, conformity, etc. - are at pages 71-80 of Retire and Teach: Six Years On, and I won't repeat them here.
  • Network in your area.  If you read somebody’s article and like it, send the person a note with this in the subject line “Loved your piece....”.  Be a commenter on others’ work.
  • Blog.  PrawfsBlawg was founded as a forum for new (i.e. “raw”) professors.   Again, it’s a two-edged sword.  If your stuff is good, it helps.  If not, it doesn’t.  When I was unsure of a blog post, I would send it to a friend first.
  • Finally, a pet peeve. When you submit, you certainly can play the expedite game, but my personal view is that it’s inappropriate to submit to law reviews for which you would not accept an offer if it were the only one you got.  If somebody at my school were to tell me they were doing that, I would probably raise my eyebrows and look askance.

Posted by Jeff Lipshaw on August 26, 2018 at 10:42 AM in Getting a Job on the Law Teaching Market, Life of Law Schools, Lipshaw, Teaching Law | Permalink | Comments (3)

Saturday, August 25, 2018

Faculty Hiring: Drake University

DRAKE UNIVERSITY LAW SCHOOL invites applications for a tenured/tenure-track position as Assistant/Associate/Professor of Law in the field of Agricultural Law and Director of the Drake Agricultural Law Center beginning in the fall of 2019. Applicants must hold a J.D. degree (or the equivalent) and should have outstanding records of accomplishment in scholarship, teaching, and service as well as substantial practice experience.

The successful candidate will teach agricultural law courses and serve as the Director of the Drake Agricultural Law Center. Drake was the first American law school to offer a J.D. specialization in agricultural law, offering courses not only on agricultural and food law but also on agriculture’s effect on social, economic, and political systems.

The student-published Drake Journal of Agricultural Law has been a leading legal journal focused solely on these issues for more than 20 years.

Founded in 1983, the Agricultural Law Center provides opportunities for students to explore how the legal system impacts the global food system and the agricultural sector's ability to produce, market, and use agricultural products. Drake’s location in central Iowa places it at the heart of a state that leads in production of soybeans, corn, eggs, and pork.

Drake University is an equal opportunity employer and actively seeks applicants who reflect the nation’s diversity.  No applicant shall be discriminated against on the basis of race, color, national origin, creed, religion, age, disability, sex, gender identity, sexual orientation, genetic information or veteran status.

Confidential review of applications will begin in August 2018. Applications (including a letter of interest, a complete CV, teaching evaluations (if available) and the names and addresses of at least three references) should be sent to Professor Ellen Yee, Chair, Faculty Appointments Committee, Drake University Law School, 2507 University Ave., Des Moines, IA 50311 or e-mail: [email protected]

Posted by Howard Wasserman on August 25, 2018 at 02:03 PM in Teaching Law | Permalink | Comments (0)

Wednesday, August 22, 2018

CFP: National Conference of Constitutional Law Scholars 2019

THE REHNQUIST CENTER is pleased to announce the inaugural National Conference of Constitutional Law Scholars. The conference will be held at the Westward Look Resort in Tucson, Arizona, on March 9-10, 2019. Its goal is to create a vibrant and useful forum for constitutional scholars to gather and exchange ideas each year.

David Strauss will deliver a keynote address. Distinguished commentators for 2019 include:
Jessica Bulman-Pozen
John Harrison
Aziz Huq
Gillian Metzger
Victoria Nourse
Bertrall Ross
Stephen Sachs

All constitutional law scholars are invited to attend. Those wishing to present a paper for discussion should submit a 1- to 2-page abstract by October 1, 2018. All constitutional law topics are welcome, and both emerging and established scholars are strongly encouraged to submit. Selected authors will be notified by November 1, 2018. Selected papers will be presented in small panel sessions, organized by subject, with commentary by a distinguished senior scholar. The  Rehnquist Center will provide meals for all registered conference  participants. Participants must cover travel and lodging costs. Hotel  information will be provided as the date approaches. There is a conference registration fee of $50, which will increase to $75 after February 28, 2019. Registration fees will be waived for conference presenters and for students and faculty at UA Law. In addition, a limited number of scholarships are available to those unable to attend the event otherwise.

Please send all submissions or related questions to Andrew Coan [mailto:[email protected]].
For logistical questions please contact Bernadette Wilkinson [mailto:[email protected]].

CONFERENCE ORGANIZERS
Andrew Coan, Arizona
David Schwartz, Wisconsin
Brad Snyder, Georgetown

REGISTER NOW [http://events.r20.constantcontact.com/register/regform?llr=y6oeipdab&oeidk=a07efmc40ud6571aaa0&oseq=] [https://bit.ly/conlaw19}

Posted by Howard Wasserman on August 22, 2018 at 04:18 PM in Teaching Law | Permalink | Comments (1)

Tuesday, August 21, 2018

Hiring: Florida State University College of Law

FLORIDA STATE UNIVERSITY COLLEGE OF LAW (FSU) has several openings for full-time tenured or tenure-track positions. Senior faculty candidates may be eligible for a named professorship. We are especially interested in individuals whose scholarship focuses on health care, commercial law, law and economics, and international law but invite applications from scholars in all fields. Candidates must demonstrate distinction or promise in both legal scholarship and law teaching. If interested, please send a Curriculum Vitae to Professor Wayne Logan, Appointments Committee Chair, Florida State University College of Law, Tallahassee, FL 32306-1601 (email:  [email protected]). FSU is an Equal Opportunity/ Access/Affirmative Action/Pro Disabled & Veteran Employer; FSU's Equal Opportunity Statement can be viewed at:http://www.hr.fsu.edu/PDF/Publications/diversity/EEO_Statement.pdf.

Posted by Howard Wasserman on August 21, 2018 at 11:00 AM in Teaching Law | Permalink | Comments (0)