Friday, June 23, 2017
Least educated county on Oregon's Pacific Coast shuts its last public library rather than increase taxes by $6 per month per household (Michael Simkovic)
Douglas County in rural Oregon recently shut its last public library rather than increase property taxes by around $6 per month per household. Less than 16 percent of the population of Douglas County has a bachelor's degree or above, making it the third least educated county on the Pacific Coast of the United States and the least educated coastal county in Oregon.
Across the Pacific, cities like Singapore, Hong Kong and Shanghai have built globally competitive workforces by investing heavily in education and infrastructure and embracing global trade. In the United States, excessive anti-tax movements have contributed to disinvestment and have slowed U.S. economic growth.
Update: Michelle Anderson (Stanford) and David Schleicher (Yale) debate policy responses to local economic decline and migration of educated populations away from depressed areas. Hat tip Paul Diller. (Willamette).
Thursday, June 22, 2017
MOVING TO FRONT--ORIGINALLY POSTED AUGUST 1, 2016
These are non-clinical appointments that will take effect in 2017 (except where noted); I will move the list to the front at various intervals as new additions come in. (Recent additions are in bold.) Last year's list is here.
*Aviva Abramovsky (commercial law, insurance law, financial regulation, legal ethics) from Syracuse University to the University at Buffalo (to become Dean).
*Ifeoma Ajunwa (privacy, health law & policy, antidiscrimination law) from the University of District Columbia Clarke School of Law to Cornell University Industrial and Labor Relations (with a courtesy appointment in law as well) (untenured lateral).
*Richard Albert (constitutional law, comparative constitutional law) from Boston College to the University of Texas, Austin (effective January 2018).
*Erez Aloni (family law, contracts, law & sexuality) from Whittier Law School to Allard School of Law at the University of British Columbia (untenured lateral).
*Sahar Aziz (national security law, antidiscrimination law, Middle East law) from Texas A&M University to Rutgers University.
*Adam Badawi (contracts, corporate) from Washington University, St. Louis to the University of California, Berkeley.
*Shalanda Baker (energy law, international environmental law, administrative law) from the University of Hawaii to Northeastern University.
*Angela Banks (immigration law) from the College of William & Mary to Arizona State University.
*Natalie Banta (property, trusts & estates, tax) from Valparaiso University to Drake University (untenured lateral).
*Richard Bierschbach (criminal law & procedure) from Cardozo Law School/Yeshiva University to Wayne State University (to become Dean).
*Binyamin Blum (legal history, evidence, criminal procedure) from Hebrew University, Jerusalem to the University of California Hastings (starting in Spring 2018) (untenured lateral).
*Richard R.W. Brooks (contracts, business organizations, law & economics, law & social norms) from Columbia University to New York University.
*Alfred Brophy (legal history, trusts & estates) from the University of North Carolina, Chapel Hill (back after nine years) to the University of Alabama.
*Eleanor Brown (property, immigration and migration law, law & development) from George Washington University to Pennsylvania State University, University Park.
*Christopher Bruner (corporate law, securities regulation) from Washington & Lee University to the University of Georgia.
*Marcilynn A. Burke (property, land use, natural resources) from the University of Houston to the University of Oregon (to become Dean).
*Megan Carpenter (intellectual property) from Texas A&M University to the University of New Hampshire (to become Dean).
*Erwin Chemerinsky (constitutional law, civil procedure) from the University of California, Irvine to the University of California, Berkeley (to become Dean).
*Nicolas Cornell (contracts, law & philosophy) from the Wharton School at the University of Pennsylvania to the University of Michigan (law) (untenured lateral).
*Sharon Davies (criminal law & procedure) from Ohio State University to Spelman College (to become Provost).
*Darby Dickerson (higher education law & policy, litigation ethics) from Texas Tech University (where she is currently Dean) to John Marshall Law School, Chicago (to become Dean).
*Ben Edwards (corporate law, securities regulation, consumer financial protection) from Barry University to the University of Nevada, Las Vegas (untenured lateral).
*Tonya Evans (intellectual property, entertainment law, trusts & estates) from Widener University Commonwealth to the University of New Hampshire.
*Catherine Fisk (labor & employment law, intellectual property, legal history, civil rights) from the University of California, Irvine to the University of California, Berkeley.
*Victor Flatt (environmental law, energy law) from the University of North Carolina, Chapel Hill (back, after eight years) to the University of Houston.
*Sheila Foster (property, land use, environmental law & policy, local government) from Fordham University to Georgetown University (joint with Public Policy).
*Eric Franklin (corporate, contracts, economic & community development clinic) from the University of Nevada, Las Vegas to the University of Tennessee, Knoxville (untenured latereal).
*Brett Frischmann (intellectual property, Cyberlaw) from Cardozo Law School/Yeshiva University to Villanova University.
*David Gamage (tax) from the University of California, Berkeley to Indiana University, Bloomington.
*Rachel Godsil (property, civil rights) from Seton Hall University to Rutgers University.
*Erica Goldberg (torts, criminal procedure, insurance law) from Ohio Northern University to the University of Dayton (untenured lateral).
*Sarah Haan (corporate) from the University of Idaho to Washington & Lee University.
*Kevin Haeberle (corporate law, securities regulation) from University of South Carolina to the College of William & Mary (untenured lateral)
*Sam Halabi (health law) from the University of Tulsa to the University of Missouri, Columbia.
*Woodrow Hartzog (privacy law, media law, Cyberlaw, intellectual property) from Cumberland School of Law, Samford University to Northeastern University.
*David Hasen (tax) from the University of Colorado, Boulder to the University of Florida, Gainesville.
*Alison Hoffman (health law & policy) from the University of California, Los Angeles to the University of Pennsylvania.
*David Hoffman (contracts, law & psychology) from Temple University to the University of Pennsylvania.
*Herbert Hovenkamp (antitrust, legal history) from the University of Iowa to the University of Pennsylvania.
*Nicole Huberfeld (health law, constitutional law) from the University of Kentucky to the School of Public Health, Boston University.
*Blake Hudson (environmental law, natural resources, land use) from Louisiana State University to the University of Houston.
*Lolita Buckner Inniss (property, legal history) from Cleveland-Marshall College of Law to Southern Methodist University.
*Margot Kaminski (law & technology, civil liberties, privacy law) from Ohio State University to University of Colorado, Boulder (untenured lateral).
*Orin Kerr (criminal procedure, computer crime law) from George Washington University to the University of Southern California (effective January 2018).
*Kurt Lash (constitutional law) from the University of Illinois to the University of Richmond.
*Yoon-Ho Alex Lee (securities regulation, corporate, administrative law, antitrust, law & economics, consumer protection law) from the University of Southern California to Northwestern University.
*Lyrissa Barnett Lidsky (torts, First Amendment) from the University of Florida to the University of Missouri, Columbia (to become Dean).
*Dayna Matthew (health law) from the University of Colorado, Boulder to the University of Virginia.
*Pamela Metzger (criminal law & procedure) from Tulane University to Southern Methodist University.
*Paul Miller (fiduciary law, private law theory) from McGill University to the University of Notre Dame.
*Nicholas A. Mirkay, III (tax) from Creighton University to the University of Hawaii.
*Samuel Moyn (legal history, human rights) from Harvard University to Yale University.
Wednesday, June 21, 2017
Representative Judy Chu (D-CA) (Pasadena) recently introduced H.R. 2526, the Protecting Our Students by Terminating Graduate Rates that Add to Debt (POST GRAD) Act. The bill would restore the in-school interest subsidy for graduate and professional students who borrow federal Direct Stafford Loans.
Federal in-school subsidies were terminated by The Budget Control Act in 2011, which ended the debt ceiling crisis of 2011. During the debt ceiling crisis of 2011, Congressional Republicans successfully maneuvered for large cuts to federal spending (other than military spending and pension and health benefits for retirees) by threatening to force the federal government to default on its sovereign debt unless then President Obama agreed to large spending cuts.
The POST GRAD Act would reduce the disparity between funding policy for graduate education and undergraduate education by reinstating graduate students’ eligibility for federal subsidized student loans, although graduate student borrowers, who have lower default rates, would continue to pay a higher interest rate after they complete their studies.
Christopher P. Chapman, CEO of the AccessLex Institute, estimated that the bill would save the typical law student $4,000 if passed.
If the interest rate subsidy encourages more investment in graduate education, it could more than pay for itself with higher future tax revenue.
UPDATE: The New America Foundation, which has close ties to the private student loan industry, has condemned proposals to reduce federal student loan interest rates. NAF claims that the immediate benefits of higher education financing only benefit a "small majority" of households and therefore are bad policy. New America argues that an increased military presence in Syria, Iraq and surrounding countries would be a better use of taxpayer dollars.
I've got a new personal homepage, courtesy of graphic designer Patrick Hennessey. If you like his work for academic homepages (see also Monique Wonderly's page, which he also designed), consider hiring him: more information, including contact information here.
Tuesday, June 13, 2017
Monday, June 12, 2017
I'll be on a reduced blogging schedule for the summer (look for one or two items per week), but will update the lateral moves list periodically as well as start the new one in August. (Mike Simkovic, who has posting privileges here as well, may be posting as well in the summer.)
Thanks for reading, and I wish everyone a productive and pleasant summer.
Saturday, June 10, 2017
It's been a pleasure and a privilege to teach such talented young men and women, and I am sure I speak for all of my colleagues in wishing you much professional success and personal happiness in the years ahead!
June 10, 2017 | Permalink
Friday, June 9, 2017
Congratulations to the University of Chicago alumni and Bigelows who accepted tenure-track jobs this year
We didn't have many candidates this year, but are delighted by the success of those we did have in what was an extremely tight market. They are:
Ben Grunwald, who will be joining the faculty at Duke University. He received his J.D. (cum laude) in 2014 and his Ph.D. in Criminology in 2015, both from the University of Pennsylvania, where he was also Articles Editor of the Law Review. He clerked for Judge Ambro on the Third Circuit, and served as a Bigelow Fellow at the Law School. His teaching and research interests include all aspects of criminal law, procedure and the justice system, torts, professional responsibility and empirical legal studies.
Adi Liebovitch LLM ’11, SJD ’16, who will be joining the faculty at the Hebrew University, Jerusalem. She earned her first law degree (magna cum laude) in 2005 and an MBA in 2007, both from the Hebrew University. Before commencing graduate work at Chicago, she practiced criminal and military law for four years in Israel, first as Prosecutor and Deputy Head of the Intelligence and Narcotics Section in the Office of the Chief Military Prosecutor, and then as a public defender in the Office of the Military Public Defender. Most recently, she was an academic fellow at Columbia Law School. Her teaching and research areas include all aspects of criminal law, procedure, and the justice system, as well as evidence, military law, and law and economics.
Michael C. Pollack, who will be joining the faculty at Cardozo Law School/Yeshiva University. He received his J.D. summa cum laude from New York University in 2011, where he was a Furman Scholar and Articles Editor of the Law Review. He clerked for Judge Brown on the D.C. Circuit and for Justice Sotomayor on the Supreme Court, and was also a trial attorney for two years in the Civil Division of the U.S. Department of Justice in Washington D.C., before coming to the Law School as a Bigelow Fellow. His teaching and research interests include property, land use, local government law, administrative law, and environmental law.
In addition, two alumni who recently took tenure-track jobs have lateraled to tenure-track jobs at new schools already. They are:
Joshua Sellers '08, who joined the faculty at the University of Oklahoma, Norman in 2015-16, and is now moving to Arizona State University. At Chicago, he was Articles Editor of the Law Review and also earned a Ph.D. in Political Science with a dissertation on "The 'Crown Jewel' at a Crossroads: Appraising the Contemporary Political Function of the Voting Rights Act." He clerked for Judge Barkett on the U.S. Court of Appeals for the Eleventh Circuit, and was an associate at Jenner & Block in Washington, D.C. for three years, where he primarily litigated insurance claims. Before that, he was a post-doc in the Maxwell School of Public Policy at Syracuse University. His research and teaching interests include election law, civil rights, constitutional law, legislation, insurance law, and torts.
Matthew J. Tokson '08, who joined the faculty at the Salmon P. Chase College of Law at Northern Kentucky University in 2015-16, and is now moving to the University of Utah. He graduated with High Honors and Order of the Coif from the Law School, where he served as both Executive Articles Editor and Book Review Editor of the Law Review. He clerked for Judge Randolph on the U.S. Court of Appeals for the D.C. Circuit, served first as a Kauffman Fellow then as a Bigelow Fellow at the Law School from 2009-2011, before clerking on the U.S. Supreme Court for both Justice Ginsburg and Justice Souter in 2011-12. He was also a litigation associate at WilmerHale in Washington, D.C. His teaching and research interests include criminal procedure, privacy, intellectual property, judicial behavior, criminal law and torts.
If you're curious, you can read about some of our recent placements in law teaching here, here, here, here, here and here, and see a more comprehensive listing here. You can see a comprehensive list of past Bigelows and where they now are here.
Tuesday, June 6, 2017
...here. The last version benefitted from talks and workshops at Iowa, Tel-Aviv, Haifa, and Chicago. The abstract:
I argue that the core of genuinely academic freedom ought to be freedom in research and teaching, subject to disciplinary standards of expertise. I discuss the law in the United States, Germany, and England, and express doubts about the American view that distinctively academic freedom ought to encompass "extramural" speech on matters of public importance (speakers should be protected from employment repercussions for such speech, but not because of their freedom qua academics).
I treat freedom of academic expression as a subset of general freedom of expression, focusing on the Millian argument that freedom of expression maximizes discovery of the truth, one regularly invoked by defenders of academic freedom. Marcuse argued against Mill (in 1965) that "indiscriminate" toleration of expression would not maximize discovery of the truth. I show that Marcuse agreed with Mill that free expression is only truth- and utility-maximizing if certain background conditions obtain: thus Mill argues that the British colony in India would be better off with "benevolent despotism" than Millian liberty of expression, given that its inhabitants purportedly lacked the maturity and education requisite for expression to be utility-maximizing. Marcuse agrees with Mill that the background conditions are essential, but has an empirical disagreement with him about what those are and when they obtain: Mill finds them wanting in colonial India, Marcuse finds them wanting in capitalist America.
Perhaps surprisingly, Marcuse believes that "indiscriminate" toleration of expression should be the norm governing academic discussions, despite his doubts about the utility-maximizing value of free expression in capitalist America. Why think that? Here is a reason: where disciplinary standards of expertise govern debate, the discovery of truth really is more likely, but only under conditions of "indiscriminate" freedom of argument, i.e., academic freedom. This freedom is not truly "indiscriminate": its boundaries are set by disciplinary competence, which raises an additional question I try to address.
In sum, the libertarians (Mill and Popper) and the Marxists (Marcuse) can agree that academic freedom is justified, at least when universities are genuine sites of scientific expertise and open debate.
Thursday, June 1, 2017
...according to the data helpfully compiled by Professor Sarah Lawsky (Northwestern). On the other hand, my strong impression is that there's been an increase in untenured lateral movements--several schools that advertised for rookies, and indeed interviewed at the "meat market," ended up hiring untenured laterals--not surprising, given that the tight market the last few years means many candidates probably underplaced to how they would have done in normal times.
You can see figures on the total number of graduates each school had on the market this year here. The top ten were:
Harvard University (35)
Georgetown University (31)
Yale University (26)
New York University (25)
University of Michigan (18)
Columbia University (16)
Northwestern University (14)
Stanford University (12)
University of California, Berkeley (12)
University of Pennsylvania (9)
George Washington University (8)
(Chicago had a light year, just three graduates on the market, only two of whom we were working with, one of whom got multiple offers and did accept a job. Some other recent Chicago JDs were among the untenured laterals this year as well.)
Tuesday, May 30, 2017
The complaint is here. Fletcher has apparently enjoyed an arrangement in which he teaches his 10 credits in the fall and then spends the Spring in Israel. His new Dean, Gillian Lester, and the Associate Dean, Avery Katz--both defendants in the suit--had concerns about student enrollments and evaluations of some of his classes. Fletcher claims they want him to retire, and so are trying to disrupt his cozy teaching arrangement, or something like that. This ranking of mine makes a surprising implicit appearance in paragraph 29 of the complaint:
[Dean Gillian] Lester further stated in her communication [to Professsor Fletcher] in January of 2016 that the Law School would "like to go back to offering just two sections of Introduction to American Law, taught by the other instructors." The other instructors referenced by Lester are less qualified than Fletcher: for instance, they are not members of the American Academy of Arts and Sciences, to which Fletcher was elected in 2004. Membership in the Academy is a primary measurement of prestige in law school circles, and is used in determining law school rankings. Upon information and belief, the other two professors are ten (10) or more years younger than Fletcher.
The argument here is obviously absurd: no one is elected to the AAAS because of their teaching ability, but because of their scholarly accomplishments--often ones from long ago. Moreover, faculty are typically elected later in their career, as Fletcher was--of course most of his younger colleagues are not elected to the American Academy!
Be that as it may, I'm not sure the complaint pleads enough facts to suggest that age discrimination was at work here, but we will find out soon enough, as Columbia has moved, predictably, to dismiss.
ADDENDUM: The complaint mentions that Fletcher taught at UCLA from 1969 until 1983, when he moved to Columbia. For reasons unknown, it omits that his first teaching job was at the University of Florida (1965-66), and then the University of Washington (1966-1969), where he was, bizarrely, denied tenure, a decision that did not redound to the credit of the UW law school.
UPDATE: Reader Eric Chiappinelli kindly passed along a copy of Columbia's motion to dismiss: Download 2017.05.23 Fletcher v. Columbia MOTION TO DISMISS. I expect the case will be dismissed.
Thursday, May 25, 2017