Friday, June 24, 2016

Why The New York Times Should Correct Remaining Factual Errors in Its Law School Coverage

Last week I wrote an open letter to New York Times reporter Noam Scheiber discussing problems with his law school coverage and his reliance on low quality sources such as internet blogs and "experts" who lack relevant expertise rather than peer reviewed labor economics research.  By email, Scheiber insisted that there was nothing wrong with his coverage, but he'd be happy to hear of any specific factual problems I could identify.  

I identified 6 clear factual errors and multiple misleading statements.  I also reinterviewed his lead source, John Acosta and found important discrepancies between how Scheiber depicted Acosta as someone who was suckered into un-repayable debt, while Acosta describes his own situation as hopeful and law school as a worthwhile and carefully researched investment.  New York Times Dealbook reporter and U.C. Berkeley Professor Steven Davidoff Solomon weighed in, citing my research and supporting my points.

Scheiber posted a response to his facebook page, after running it by his editors at the New York Times.  The New York Times agreed to correct the most minor of the six errors I identified. They also "tweaked" two sentences so that the language was less definitive.

Scheiber's response includes some good points (many students from Valparaiso might be below the 25th percentile of law school graduates) as well as strained interpretations of the language of his original article: "fewer" did not actually mean "fewer"'; "Harvardesque" did not actually mean "similar to Harvard."  Scheiber describes my presentation of data that contradicts his factual claims as "strange", "bizarre", "odd", "overly-literal" and (on Twitter) "gripes."   Interestingly, Scheiber thinks that "most law school graduates who pass the bar are going to have at least a few hundred thousand dollars in assets like 401k and home equity by the time they work for 20 years."  This level of savings would make them far more financially secure than the vast majority of the U.S. population.

My response to Scheiber is below.  I explain why The New York Times has an obligation to its readers to correct the remaining uncorrected factual errors in Scheiber's story.

Scheiber embedded his response in my explanation of the 6 clear factual errors in his story, and I in turn embedded my response within his response.  To ease readability, I have color coded Scheiber's response in orange, and my new response in blue.  Scheiber's response is indented once, and my new response is indented twice.  The least indented black text at the beginning of each thread is from the list of 6 clear factual errors, and can be skipped (scroll down until you see orange or blue text) by those who have followed the discussion thus far.

UPDATE: June 25, 2016:  Yesterday, The New York Times posted an additional minor correction to its discussion of taxation of debt forgiveness, stating that debt forgiveness would "probably" be treated as taxable income.  This is an improvement over the original, but could still mislead or confuse readers.  It also leaves many of the most important errors uncorrected.  

Scheiber  tells me that the "tweaks" to the language which he communicated to me in his facebook post from Tuesday 6/21 actually happened on Friday evening 6/17.   This would make them coincide with the timing of my open letter, but before my more detailed explanation of 6 clear factual errors. Scheiber tells me that these "tweaks" were not made in response to my letter, although he has not specified when on Friday evening the changes were made. They appear to have been made after I sent him the letter. 

 

Continue reading

June 24, 2016 in Guest Blogger: Michael Simkovic, Law in Cyberspace, Legal Profession, Of Academic Interest, Science, Weblogs | Permalink

10 Most-Cited Civil Procedure Faculty, 2010-2014 (inclusive)

Once again, drawing on the data from the 2015 Sisk study:   

Rank

Name

School

Citations

Age in 2016

1

Arthur Miller

New York University

1300

82

2

Judith Resnik

Yale University

1060

66

3

Kevin Clermont

Cornell University

  680

71

4

Stephen Burbank

University of Pennsylvania

  580

69

5

Richard Marcus

University of California, Hastings

  490

68

6

Deborah Hensler

Stanford University

  430

74

7

A. Benjamin Spencer

University of Virginia

  390

42

8

James Pfander

Northwestern University

  360

60

9

Linda Mullenix

University of Texas, Austin

  310

66

 

Linda Silberman

New York University

  310

72

 

Runner-up

     
 

Michael Solimine

University of Cincinnati

  300

60

   

Other highly-cited scholars who work partly in this area

   
 

Geoffrey Miller

New York University

1150

66

 

Martin Redish

Northwestern University

1105

71

 

Samuel Issacharoff

New York University

1080

62

 

Pamela Karlan

Stanford University

  830

57

 

Robert Bone

University of Texas, Austin

  700

65

June 24, 2016 in Faculty News, Rankings | Permalink

Wednesday, June 22, 2016

More citations by faculty specialty area coming...

...including civil procedure, property, antitrust, critical race and feminist legal theory, and perhaps a couple of others.

June 22, 2016 in Faculty News, Rankings | Permalink

Tuesday, June 21, 2016

Now a non-anecdotal factual piece about law schools at the NY Times

15 Most-Cited Law & Social Science (excluding economics) Faculty, 2010-2014 (inclusive)

 Once again, drawing on the data from the 2015 Sisk study:  

 

Rank

Name

School

Citations

Age in 2016

1

Tom Tyler

Yale University

920

66

2

Lee Epstein

Washington University, St. Louis

850

58

3

Frank Cross

University of Texas, Austin

800

61

4

Jeffrey Rachlinski

Cornell University

770

50

5

Tom Ginsburg

University of Chicago

710

48

6

Chris Guthrie

Vanderbilt University

550

49

7

John Ferejohn

New York University

530

72

8

Linda Hamilton Krieger

University of Hawaii

500

62

9

Bryant Garth

University of California, Irvine

480

67

 

Charles Sabel

Columbia University

480

69

11

Herbert Kritzer

University of Minnesota

460

69

12

Malcolm Feeley

University of California, Berkeley

450

74

 

Michael Heise

Cornell University

450

56

14

David Hoffman

Temple University

440

40

15

David Garland

New York University

420

61

 

Jonathan Simon

University of California, Berkeley

420

57

 

Runner-up:

 

   
 

Mathew McCubbins

Duke University

410

60

   

Other highly-cited scholars who work partly in this area

   
 

Dan Kahan

Yale University

1110

53

 

G. Mitu Gulati

Duke University

  860

50

 

Bernard Black

Northwestern University

  630

63

 

Carrie Menkel-Meadow

University of California, Irvine

  590

67

 

Bernard Harcourt

Columbia University

  430

53

June 21, 2016 in Faculty News, Rankings | Permalink

Monday, June 20, 2016

How to Count: Choosing the Right Data Source (Michael Simkovic)

How to Count: Choosing the Right Data Source

In response to my last post, a reader asked why different data sources give different counts for the total number of lawyers in a given year.

Continue reading

June 20, 2016 in Guest Blogger: Michael Simkovic, Legal Profession, Science | Permalink

Saturday, June 18, 2016

6 factual errors and several misleading statements in recent New York Times story by Noam Scheiber

New York Times reporter Noam Scheiber was kind enough to respond to my open letter and ask if I could point to anything specifically factually wrong with his story.  My response is below.

 

Noam,

Thanks so much for responding. Yes, there are at least 6 factual errors in the article, and several misleading statements.

I’ll start with my interview with Acosta from earlier today, and then we can discuss empirics. Here’s what Acosta said:

"There’s no way I could pay back my student loans under a 10-year standard payment plan. With my current income, I can support myself and my family, but I need to keep my loan payments low for now. I’ve been practicing law since May, and I’m on track to make $40,000 this year. I think my income will go up over time, but I don’t know if it will be enough for me to pay back my loans without debt forgiveness after 20 years. What happens is up in the air.   I’m optimistic that I can make this work and pay my student loans. I view the glass now as half full.

 

Valparaiso did not mislead me about employment prospects. I had done my research. I knew the job market was competitive going in. I knew what debt I was walking into. I think very few Americans don’t have debt, but for me it was an investment. I saw the debt as an investment in my career, my future, and my family.

 

Valparaiso gave a guy like me, a non-traditional student a shot at becoming a lawyer. Most law schools say they take a holistic approach, but they don’t really do it. I had to work hard to overcome adversity, and they gave me a shot to go to law school and to succeed. They gave me a shot at something that I wanted to do where most law schools wouldn’t.

 

My situation might be different from other law students who start law school right out of college. I was older and I have a family to support."

On to empirics.

The story states that:

“While demand for other white-collar jobs has rebounded since the recession, law firms and corporations are finding that they can make do with far fewer full-time lawyers than before.”

This is incorrect.

First, the number of jobs for lawyers has increased beyond pre-recession levels (2007 or earlier), both in absolute terms and relative to growth in overall employment. (error #1)

Focusing only on lawyers working full-time in law firms or for businesses (I’m not sure why you exclude those working in government), there are more full-time corporate and law firm lawyers in 2014 according to the  U.S. Census Bureau’s Current Population Survey (CPS)—870,000—than in 2007—786,000. There have been more full-time corporate and law firm lawyers in every year from 2009 on than there were in 2007 and earlier.

You were looking at NALP or ABA data, which is measured at a single point in time—9 or 10 months after graduation—and is therefore much less representative of outcomes for law graduates—even recent law graduates—than Census data. Indeed, many law graduates who will eventually gain admission to a state bar will not have done so as of the date when NALP collects data. NALP and the ABA also use different definitions from the Census, so you cannot readily use their data to compare law graduates to others.

The trend of growth in lawyer jobs holds true for other cuts of the data (all lawyers; all full time lawyers) using other data sources—U.S. Census or Department of Labor (BLS OES) data.[i]

This is in spite of large declines in law school enrollments, which would be expected to reduce the number of working lawyers.

Second, employment has not rebounded to pre-recession (2007 or earlier) levels outside of law. (error #2)

Continue reading

June 18, 2016 in Guest Blogger: Michael Simkovic, Legal Profession, Professional Advice, Science, Student Advice, Weblogs | Permalink

Friday, June 17, 2016

An Open Letter to New York Times Journalist Noam Scheiber: Journalists Should Consult Peer-Reviewed Research, Not Bloggers (Michael Simkovic)

To: noamscheiber@gmail.com

Dear Mr. Scheiber:

Have you seen this line of peer-reviewed research, which estimates the boost to earning from a law degree including the substantial proportion of law graduates who do not practice law? 

High quality nationally representative data from the U.S. Census Bureau, analyzed using standard and widely accepted econometric techniques, shows that even toward the bottom of the distribution, the value of a law degree (relative to a terminal bachelor’s degree) is much greater than the costs.

All of the data suggests that this has not changed since the financial crisis. The economy is worse and young people are facing more challenges in the job market, but law graduates continue to have the same relative advantage over bachelor’s degree holders as they have had in the past:

These findings have been covered in the New York Times before: 

They have also been covered in other major news outlets such as The Atlantic, The Washington Post, CBS, Slate, etc.  And more importantly, they have been cited favorably in the scholarly literature.

Data from the U.S. Census and the Department of Labor Bureau of Labor Statistics shows that the number of lawyers has grown since the financial crisis, both in absolute terms and relative to overall employment.  

Data from the Department of Education shows that law school graduates, even from very low-ranked law schools, have exceptionally low student loan default rates.

I have a number of concerns about factual inaccuracies in your recent story, “An Expensive Law Degree, and No Place to Use It” and your reliance on “experts” such as Paul Campos who lack any technical expertise or even basic financial or statistical literacy.

Your readers would receive more reliable information if you concentrated less on sources like Paul Campos and internet “scamblogs” and focused instead on peer-reviewed research by professional economists using high quality data and well-established methods of statistical analysis.

 

UPDATES:

June 18, 2016: Noam Scheiber replies and I respond by re-interviewing Acosta and pointing out specific factual errors in Scheiber's story.

June 20, 2016: I explain different data sources that are useful for counting lawyers.

June 21, 2016: Steven Davidoff Solomon weighs in at N.Y. Times Dealbook, citing my research and supporting my points.

June 21, 2016, 10:05pm EST:  Noam Scheiber sent a lengthy response by email and posted his response to his facebook page.   Scheiber informs me that his response was reviewed by his editors at the New York Times.  

June 24: I responded to Scheiber and explain Why The New York Times Should Correct The Remaining Factual Errors in Its Law School Coverage.  In response, the New York Times posted a correction to the most minor of the 5 remaining errors.

June 17, 2016 in Guest Blogger: Michael Simkovic, Legal Profession, Professional Advice, Weblogs | Permalink

Chicago's Martha Nussbaum wins 2016 Kyoto Prize

It gives me particular pleasure to report that my colleague Martha Nussbaum is this year's winner; past philosophers recognized with this Prize include Jurgen Habermas, W.V.O. Quine, Karl Popper, and Charles Taylor.

June 17, 2016 in Faculty News | Permalink

Wednesday, June 15, 2016

Lateral hires with tenure or on tenure-track, 2015-16

These are non-clinical appointments that will take effect in 2016 (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.   

 

*Edward Afield (tax) from Ava Maria School of Law to Georgia State University.

 

*Lisa Alexander (corporate, contracts, housing & urban development law) from the University of Wisconsin, Madison to Texas A&M University.

 

*Mark Alexander (constitutional law, law & politics) from Seton Hall University to Villanova University (to become Dean).

 

*James Anaya (international human rights) from the University of Arizona to the University of Colorado, Boulder (to become Dean).

 

*Craig Boise (tax, international tax, corporate tax) from Cleveland-Marshall College of Law, Cleveland State University to Syracuse University (to become Dean).

 

*Zack Buck (health law) from Mercer University to the University of Tennessee, Knoxville (untenured lateral).

 

*Michael Cahill (criminal law) from Brooklyn Law School to Rutgers University (as Co-Dean).

 

*Dale Carpenter (constitutional law) from the University of Minnesota to Southern Methodist University.

 

*James Coleman (energy law) from the University of Calgary to Southern Methodist University (untenured lateral).

 

*Nicolas Cornell (contracts, law & philosophy) from the Wharton School at the University of Pennsylvania to the University of Michigan (law) (untenured lateral) (starting in fal 2017).

 

*Eric Dannenmaier (environmental law) from Indiana University, Indianapolis to Northern Illinois University (to become Dean). 

Continue reading

June 15, 2016 in Faculty News | Permalink

Tuesday, June 14, 2016

20 Most-Cited Intellectual Propery & Cyberlaw Faculty, 2010-2014 (inclusive)

Once again, drawing on the data from the 2015 Sisk study:  

Rank

Name

School

Citations

Age in 2016

1

Mark Lemley

Stanford University

2400

50

2

Robert Merges

University of California, Berkeley

1030

57

3

Dan Burk

University of California, Irvine

  780

54

4

Pamela Samuelson

University of California, Berkeley

  760

68

5

Rochelle Dreyfuss

New York University

  700

69

6

John Duffy

University of Virginia

  680

53

7

Julie Cohen

Georgetown University

  660

52

8

Timothy Wu

Columbia University

  640

44

9

Jane Ginsburg

Columbia University

  610

61

 

Peter Menell

University of California, Berkeley

  610

58

11

Yochai Benkler

Harvard University

  600

52

 

Jessica Litman

University of Michigan

  600

63

13

Rebecca Tushnet

Georgetown University

  570

43

14

Rebecca Eisenberg

University of Michigan

  560

61

15

Michael Meurer

Boston University

  530

58

16

Jamie Boyle

Duke University

  480

57

 

Paul Goldstein

Stanford University

  480

73

18

Eric Goldman

Santa Clara University

  460

48

 

Arti Rai

Duke University

  460

50

20

Neil Netanel

University of California, Los Angeles

  450

62

   

Other highly cited scholars who work partly in this area

   
 

Lawrence Lessig

Harvard University

1720

55

 

Jack Balkin

Yale University

1710

59

 

Daniel Solove

George Washington University

  940

44

 

Robert Bone

University of Texas, Austin

  700

65

 

Gideon Parchomovsky

University of Pennsylvlania

  650

48

 

June 14, 2016 in Faculty News, Rankings | Permalink

Monday, June 13, 2016

Visiting Faculty at the Top Six Law Schools, 2016-17, 2nd Draft

 As I've done in the past, I'm posting a list of the visiting professors (who hold university appointments elsewhere) at the top six law schools, the schools that are "top six" by almost all measures of faculty quality--which are also the schools that also typically have the most visiting professors on a regular basis. While many visiting stints are made with an eye to possible permanent appointment, not all are; some are so-called "podium" visits, which aim to fill an immediate teaching need at the school. By my calculation, for example, less than 5% of the visits last year resulted in (or are in process of resulting in) offers of permanent employment--perhaps a slightly higher percentage of the non-podium visits resulted in such offers. Often visitors from local schools in the area are invited for podium visit purposes--though some "locals" may also be "look-see" visitors, i.e., under consideration for appointment. NYU also has a fair number of "enrichment" and "global" visitors, well-known senior folks who are keen to spend some time in New York, but who aren't necessarily interested in, or being considered for, lateral moves. (Columbia gets some of these folks too.) From the outside, of course, it's very hard to tell all these apart, so here, without further comment, are the visiting professors for 2016-17; please e-mail me about omissions or corrections (though I'm hopeful this is the final version).

Please note that not every visit, below, is for the entire academic year; indeed, my guess is at least half are not, meaning students can expect many of these faculty to *also* be teaching at their home institution. In the case of HLS, many of the visitors come in the Winter Term, i.e., just the month of January.

Columbia Law School

Yishai Beer (Radzyner Law School)

Albert Choi (University of Virginia)

Sherman Clark (University of Michigan)

Sean Farhang (University of California, Berkeley)

David Gilksberg (Hebrew University, Jersualem)

Alexander Greenawalt (Pace University)

Assaf Hamdani (Hebrew University, Jersualem)

Solangel Maldonado (Seton Hall University)

Florencia Marotta-Wurgler (New York University)

Eric Posner (University of Chicago)

Catherine Powell (Fordham University)

Jedediah Purdy (Duke University)

Cristina Rodriguez (Yale University)

Rose Villazor (University of California, Davis)

Harvard Law School

Robert Anderson (University of Washington)

Matthew Bodie (Saint Louis University)

Khiara Bridges (Boston University)

Stuart Brotman (Communications & Journalism, University of Tennessee, Knoxville)

Kristen Carpenter (University of Colorado, Boulder)

Amy Cohen (Ohio State University)

Daniel Coquilette (Boston College)

Ashley Deeks (University of Viriginia)

Bala Dharan (Management, Rice University)

Mark Greenberg (University of California, Los Angeles)

Jamal Greene (Columbia University)

Rebecca Hollander-Blumoff (Washington University, St. Louis)

Leslie Kendrick (University of Virginia)

Alison LaCroix (University of Chicago)

Sanford Levinson (University of Texas, Austin)

James Liebman (Columbia University)

Catharine MacKinnon (University of Michigan)

Nina Mendelson (University of Michigan)

Michael Meuerer (Boston University)

Abigail Moncrieff (Boston University)

Rachel Moran (University of California, Los Angeles)

Douglas NeJaime (University of California, Los Angeles)

Christopher Nicholls (University of Western Ontario)

Jonathan Rapping (John Marshall Law School, Atlanta)

Chaim Saiman (Villanova University)

Hillary Sale (Washington University, St. Louis)

James Salzman (University of California, Los Angeles; Environmental Science, University of California, Santa Barbara)

Kim Scheppele (Wilson School, Princeton University)

Joanna Schwartz (University of California, Los Angeles)

Ted Sichelman (University of San Diego)

Alexander Stein (Brooklyn Law School)

Rebecca Stone (University of California, Los Angeles)

George Triantis (Stanford University)

Alain Laurent Verbeke (University of Leuven; University of Tilburg)

Pierre-Hugues Verdier (University of Virginia)

Rhonda Wasserman (University of Pittsburgh)

New York University School of Law

Anne van Aaken (University of St. Gallen)

Richard Brooks (Columbia University)

Robert Frank (Graduate School of Management, Cornell University)

Christsopher Geiger (University of Strabourg) 

Kon Sik Kim (Seoul National University)

Michael Klausner (Stanford University)

Martti Koskennieme (University of Helsinki/London School of Economics)

Christopher Robertson (University of Arizona)

Holger Spamann (Harvard University)

Symeon Symeonides (Willamette University)

Dirk Van Zyl Smit (University of Nottingham)

Richard Vann (University of Sydney)

Stefan Vogenauer (Max Planck Institute for European Legal History)

Continue reading

June 13, 2016 in Faculty News | Permalink

Saturday, June 11, 2016

Congratulations to the University of Chicago Law School Class of 2016!

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 11, 2016 | Permalink

Friday, June 10, 2016

Tabloid Gawker Media Files Bankruptcy, Seeks to Prevent Privacy Plaintiff from Collecting $130 Million Judgment (Michael Simkovic)

Gawker Media, an internet tabloid, filed bankruptcy today in the Southern District of New York after losing a $130 million privacy lawsuit to former professional wrestler Terry Bollea (better known as ‘Hulk Hogan’). According to the WSJ, the Court overseeing the Bollea case refused to stay collection against Gawker pending Gawker’s appeal unless Gawker posted a $50 million bond.

Filing bankruptcy could provide Gawker with a less expensive way to delay paying the judgment, to continue operations, and to finance its appeal. Gawker almost immediately asked the Bankruptcy court to halt privacy and defamation litigation against not only Gawker corporate affiliates, but also against individual defendants, including Gawker’s founder Nick Denton and other key employees.  Bankruptcy courts routinely stay (or pause) civil litigation against entities that have filed bankruptcy (debtors), but extending the protections of the automatic stay to non-debtor co-defendants is more controversial.

Denton and other individual defendants have not yet filed personal bankruptcy, but may do so if the Court does not extend the automatic stay.  

Gawker is seeking to sell itself quickly to a friendly buyer through a 363 sale. The buyer would take the assets of Gawker free and clear of liability. The proceeds of the sale would be used to first repay the expenses of Gawker’s bankruptcy process and to repay its secured creditors. The bankruptcy trustee could use the proceeds to continue to appeal the Bollea judgement and challenge the viability of other claims. Any remaining funds would be paid to unsecured creditors. (If all unsecured creditors were paid in full, the remainder would go to equity holders). 

Depending on the sales price, Bollea might collect substantially less than the $130 million judgment. Research suggests that speedy 363 sales often bring in low prices. This may sometimes be because of collusion between buyers and managers. Managers can exercise a great deal of control over the sales process, and often wish to ensure that the company lands in friendly hands.

According to Business Insider, Nick Denton valued Gawker at $250 million as recently as 2014. Gawker’s revenues appear to have increased by about 7 percent in 2015.  

In its bankruptcy filing Gawker listed $50 million to $100 million in assets and $100 million to $500 million in liabilities. (The going concern value of the company could be substantially higher than book value of its assets). Bollea’s $130 million claim is by far the largest unsecured claim, with the next highest claim at just over $100,000.

June 10, 2016 in Guest Blogger: Michael Simkovic, Law in Cyberspace, Weblogs | Permalink

Thursday, June 9, 2016

Journalism researcher: To correct misinformation, essential to monitor and respond immediately (Michael Simkovic)

Scholars Strategy Network's No Jargon: 13: The Misinformation Age
https://overcast.fm/+Feqoo83GI

Professor Brian Southwell explains why people tend to believe false information and discusses strategies for correcting the public perception of misinformation. Southwell is a professor of Mass Communication at University of North Carolina at Chapel Hill.

June 9, 2016 in Guest Blogger: Michael Simkovic, Law in Cyberspace, Legal Profession, Of Academic Interest, Professional Advice, Science, Weblogs | Permalink

Tuesday, June 7, 2016

Cravath raises starting salaries to 180K (12.5% hike)

This is the first hike in first-year associate salaries in nearly a decade.  All the major New York firms will have to follow suit, and one can expect that the leading firms in all other markets will also raise their salaries as well.

ADDENDUM:  The amusing typo in the original headline ("startling" to "starting") has been fixed!

June 7, 2016 in Legal Profession, Of Academic Interest | Permalink

Monday, June 6, 2016

Lighter blogging during the summer, plus an update on "most cited" lists

I'll be doing less blogging during the summer, but will have occasional updates--things will pick up again in August.   I'll also have some additions to the "most cited" lists during the summer.  To answer a question that comes up a fair bit regarding highly cited faculty who work in different areas of law:  based on a sample of results, we treat faculty as highly cited in a particular field if about 75-80% of the cites are to work in that field.

June 6, 2016 in Faculty News, Navel-Gazing, Rankings | Permalink

Thursday, June 2, 2016

Documents connect Dan Markel's ex-wife's family to murder-for-hire plot

Alas, that always seemed the most likely explanation:

Investigators believe the killing of Dan Markel stemmed from the "desperate desire" by his ex-wife Wendi Adelson's family to relocate her, taking the couple’s children to South Florida, according to unsealed court documents.

Investigators also believe that Wendi Adelson’s brother, Charles Adelson, was "personally involved" with the girlfriend of Sigfredo Garcia, who has been charged in Markel's shooting, at one point.  

(Thanks to Ryan Doerfler for the pointer.)

UPDATE:  And more details:

Adelson's parents wanted their daughter and grandchildren to relocate to South Florida. Markel  claimed Adelson's mother, Donna Adelson "made disparaging remarks abut him to his sons."

According to the unsealed probable cause affidavit, "Markel sought relief...by asking the court to prohibit Donna from having unsupervised time with her grandchildren and to impose limitations to prevent the children from being subjected to disparaging comments about their father."

Charming people.  One wonders how many of the Adelson family members will be implicated?  I imagine the Markel family in Toronto will be contemplating legal action to secure custody of the grandchildren, especially if the ex-wife is also implicated.  The Adelsons, other than the ex-wife, appear to run this family dentistry practice in South Florida.

ANOTHER:  The full probable cause affidavit.  One has the impression from this that some of the Adelsons are likely to be arrested.

June 2, 2016 in Faculty News | Permalink

Wednesday, June 1, 2016

20 Most-Cited International Law Faculty, 2010-2014 (inclusive) (corrected June 1)

 Once again, drawing on the data from the 2015 Sisk study:  

 

Rank

Name

School

Citations

Age in 2016

1

Jack Goldsmith

Harvard University

1610

54

2

Harold Koh

Yale University

1350

62

3

Curtis Bradley

Duke University

  970

52

4

Philip Alston

New York University

  710

66

5

Andrew Guzman

University of Southern California

  630

49

6

W. Michael Reisman

Yale University

  610

77

7

Jose Alvarez

New York University

  570

61

8

Kal Raustiala

University of California, Los Angeles

  560

50

9

Oona Hathaway

Yale University

  550

44

10

Robert Chesney

University of Texas, Austin

  460

45

 

Alan Sykes

Stanford University

  460

62

12

Laurence Helfer

Duke University

  450

51

13

Ryan Goodman

New York University

  420

46

 

David Kennedy

Harvard University

  420

62

 

Jordan Paust

University of Houston

  420

73

16

Benedict Kingsbury

New York University

  400

55

17

Robert Howse

New York University

  380

58

 

Michael Scharf

Case Western Reserve University

  380

53

 

Bruno Simma

University of Michigan

  380

75

20

Sean Murphy

George Washington University

  370

56

 

Gregory Shaffer

University of California, Irvine

  370

58

   

Runners-up

   
 

Daniel Bodansky

Arizona State University

  350

60

 

Steven Ratner

University of Michigan

  350

57

 

Derek Jinks

University of Texas, Austin

  340

49

 

Peter Spiro

Temple University

  340

55

   

Other highly-cited scholars who work partly in this area

   
 

Eric Posner

University of Chicago

2470

51

 

John Yoo

University of California, Berkeley

1250

49

 

June 1, 2016 in Faculty News, Rankings | Permalink

Tuesday, May 31, 2016

Twenty Most-Cited Constitutional & Public Law Faculty in the United States, 2010-2014 (inclusive) (corrected as of May 31)

Once again, this draws on the data from the 2015 Sisk study.  I have included here some scholars whose work straddles constitutional and administrative law (e.g., Sunstein, Vermeule), but I will do a separate listing that will include administrative law scholars with little or no general constitutional law work in their profile.  As with all these listings, only non-emeritus faculty at U.S. law schools are included. 

Rank

Name

School

Citations

Age in 2016

1

Cass Sunstein

Harvard University

5480

62

2

Erwin Chemerinsky

University of California, Irvine

2940

63

3

William Eskridge, Jr.

Yale University

2180

65

4

Mark Tushnet

Harvard University

1880

71

5

Akhil Amar

Yale University

1790

58

6

Laurence Tribe

Harvard University

1680

75

7

Bruce Ackerman

Yale University

1730

73

8

Jack Balkin

Yale University

1710

59

9

Richard Fallon

Harvard University

1510

64

10

Robert Post

Yale University

1390

69

11

Adrian Vermeule

Harvard University

1360

48

12

Reva Siegel

Yale University

1340

60

13

Eugene Volokh

University of California, Los Angeles

1210*

48

14

Sanford Levinson

University of Texas, Austin

1190

75

15

Michael McConnell

Stanford University

1180

61

16

Michael Dorf

Cornell University

1140

52

17

Martin Redish

Northwestern University

1110

71

18

Barry Friedman

New York University

1040

58

19

Richard Pildes

New York University

  940

58

20

Steven Calabresi

Northwestern University

  910

58

   

Runner-up

   
 

David Cole

Georgetown University

  900

58

   

Other highly-cited scholars who work partly in constitutional and public law

   
 

Richard Epstein

New York University, University of Chicago

2680

73

 

Frederick Schauer

University of Virginia

1720

70

 

Daniel Farber

University of California, Berkeley

1660

66

 

John Yoo

University of California, Berkeley

1250

49

 

Randy Barnett

Georgetown University

1180

64

*Adjusted downwards by 5% (to arrive at 1210) to reflect cites to blog posts unrelated to his scholarship (many blog posts were in fact related, those were not excluded).

 

May 31, 2016 in Faculty News, Rankings | Permalink

Students (from Harvard?) heckle HLS Dean Minow as she receives an award at Brandeis

Video here.   One does wonder what these folks are protesting exactly.

May 31, 2016 in Faculty News, Legal Profession, Of Academic Interest | Permalink

Monday, May 30, 2016

20 Most-Cited Administrative and/or Environmental Law Faculty, 2010-2014 (inclusive) (corrected)

Once again, drawing on the data from the 2015 Sisk study, though this category is admittedbly slightly more artificial than some of the others.   Some of the faculty below work in administrative law, but do no work in environmental; some work in both; and some work in other areas of regulatory law, like telecommunications, which overlap with administrative law.  Administrative law scholars with a significant constitutional dimension to their work were included in a prior ranking.  

Rank

Name

School

Citations

Age in 2016

1

Richard Stewart

New York University

880

76

2

Jody Freeman

Harvard University

780

52

 

Richard J. Pierce, Jr.

George Washington University

780

73

4

Richard Revesz

New York University

720

58

5

J.B. Ruhl

Vanderbilt University

700

58

6

Gary Lawson

Boston University

690

58

7

Peter Strauss

Columbia University

670

76

8

Jonathan Adler

Case Western Reserve University

600

47

 

Richard Lazarus

Harvard University

600

62

10

Robin Kundis Craig

University of Utah

510

52

11

Lisa Bressman

Vanderbilt University

500

50

 

Douglas Kysar

Yale University

500

43

13

Thomas McGarity

University of Texas, Austin

490

67

14

James Salzman

University of California, Los Angeles (part-time)

480

52

15

A. Dan Tarlock

Chicago-Kent College of Law

470

76

 

Christopher Yoo

University of Pennsylvania

470

52

17

Robert Glicksman   

 

Orly Lobel

George Washington University

 

University of San Diego

460        

 

460

64

 

43

19

Jim Rossi

Vanderbilt University

450

51

20

Sidney Shapiro

Wake Forest University

440

69

         
   

Runners up for the top 20

   
 

Mark Seidenfeld    

 

Holly Doremus        

    

Cary Coglianese

Florida State University

 

University of California, Berkeley

 

University of Pennsylvania

430    

 

420

 

410

63

 

56

 

52

 

Robert Percival

University of Maryland

410

55

   

Other highly-cited scholars who work partly in administrative or environmental law

   
 

Cass Sunstein

Harvard University

   
 

Daniel Farber

University of California, Berkeley

1660

62

 

Thomas Merrill

Columbia University

1590

67

 

Adrian Vermeule

Harvard University

1360

48

 

Edward Rubin

Vanderbilt University

  910

68

 

Carol Rose

University of Arizona

  710

76

May 30, 2016 in Faculty News, Rankings | Permalink

Thursday, May 26, 2016

Finally, an arrest in the murder of Florida State law professor Dan Markel (moving to front--updated)

Initial news item, more details coming later today.

UPDATE:  So the police are investigating this as a "murder for hire," and indicate more arrests are expected.  No details yet on who would have hired the killer.  You can see the police press conference here.  The original link, above, is being updated.

May 26, 2016 in Faculty News | Permalink

15 Most-Cited Faculty in Law & Economics (incl. behavioral law & economics), 2010-2014 (inclusive)

This is a list of leading scholars who deploy the tools of law & economics, or law & behavioral economics, across a range of subjects, drawing, once again, on the data from the 2015 Sisk study

Rank

Name

School

Citations

Age in 2016

1

Eric Posner

University of Chicago

2470

51

2

Steven Shavell

Harvard University

1340

70

3

Ian Ayres

Yale University

1310

57

4

Louis Kaplow

Harvard University

1150

60

5

Robert Cooter

University of California, Berkeley

1000

71

6

Russell Korobkin

University of California, Los Angeles

  750

48

7

Christine Jolls

Yale University

  690

49

8

Einer Elhauge

Harvard University

  680

55

9

A. Mitchell Polinsky

Stanford University

  570

69

 

George Priest

Yale University

  570

63

11

Saul Levmore

University of Chicago

  550

63

12

Michael Abramowicz

George Washington University

  510

44

 

W. Kip Viscusi

Vanderbilt University

  510

66

14

Lewis Kornhauser

New York University

  490

66

15

Gillian Hadfield

University of Southern California

  410

55

   

Other highly-cited scholars who work partly in this area

   
 

Cass Sunstein

Harvard University

5480

62

 

Richard Epstein

New York University, University of Chicago

2680

73

 

Mark Lemley

Stanford University

2400

50

 

Lucian Bebchuk

Harvard University

1130

61

 

Robert Scott

Columbia University

  970

72

May 26, 2016 in Faculty News, Rankings | Permalink