Monday, February 6, 2017

One year Masters of Legal Studies at University of Chicago Law School

We're accepting applications again.  The program is aimed at PhD students, who have completed coursework, and are either about to embark on dissertation writing or at early stages, and whose work would benefit from a year of law study.   See the site for details.  We admit only a couple each year, but it is fully funded, covering tuition and providing a living stipend.

February 6, 2017 in Of Academic Interest | Permalink

Saturday, February 4, 2017

Judge Gorsuch should speak out in defense of judicial independence in light of Trump's latest disgraceful behavior

Excellent point by my colleague Eric Posner.

February 4, 2017 in Legal Profession, Of Academic Interest | Permalink

Friday, February 3, 2017

Deans of 20 ABA-approved law schools in California call on California Supreme Court to intervene and reset the scores for bar passage

Here is the letter:   Download 2 1 17 LTRtoCalSupCt (003)

It's quite clear there's no real justification for California failing more bar takers than any other state in the country.

February 3, 2017 in Legal Profession, Of Academic Interest | Permalink

Thursday, February 2, 2017

Jerome Frank's argument for the absolute priority rule in bankruptcy

This is classic:

Courts of equity have a tradition of aiding the helpless, such as infants, idiots and drunkards.  The average security holder in a corporate reorganization is of like kind.

This comes from "Some Realistic Reflections on Some Aspects of Corporate Reorganization," 19 Virginia Law Review 541, 569 (1933).  (I owe the reference to a working paper by my colleagues Douglas Baird, Anthony Casey, and Randy Picker.)

February 2, 2017 in Jurisprudence, Legal Humor | Permalink

I'm not sure we should hold high school antics against nominees to the federal bench...

...but founding the "Fascism Forever Club" does raise questions about one's judgment, even allowing for age!

(Thanks to Michael Swanson for the pointer.)

ADDENDUM:  It appears Judge Gorsuch attended a high school run by quite liberal Jesuits (unlike the late Justice Scalia who went to a famously conservative Jesuit high school in New York).   I imagine his liberal teachers tended to deride conservatives as "fascists," ergo the conservative students decided to "zing" them back!

ANOTHER:  This story confirms that it was, indeed, a joke (and not even an actual club).

February 2, 2017 in Legal Profession, Of Academic Interest | Permalink

Should a law school Dean be writing op-eds in support of controversial (or even uncontroversial) political appointees?

That's an issue posed by a dispute between Nancy Staudt, Dean of the law school at Washington University, St. Louis--who wrote an opinion piece in support of Andrew Puzder, Trump's nominee for Secretary of Labor, who is also an involved alum of Wash U--and Emeritus Professor Richard Kuhns, whose open letter you can read here:   Download Puzder letter Kuhns.  Professor Kuhns thinks it was inappropriate for the Dean to write this column; I am inclined to agree.  But I am curious what others think about the propriety of Dean Staudt's piece.  Signed comments only: full name and valid e-mail address.  Submit the comment only once, it may take awhile to appear.

February 2, 2017 in Faculty News, Law in Cyberspace, Of Academic Interest, Professional Advice | Permalink | Comments (5)

Tuesday, January 31, 2017

Supreme Court clerks by school, 1882-2017, 2005-2017 (UPDATED & CORRECTED)

Brad Hillis called this data compilation he did to my attention; I haven't verified its accuracy, but the recent (2005-17) data looks roughly right.  Readers can weigh in at Wikipedia to correct the data if need be.  Neither list is adjusted for class size.

Here are the twenty law schools that have produced the most Supreme Court clerks since 1882:

Rank/ Law School/ # clerks / % of all clerks

1) Harvard 607 27%

2) Yale 396 18%

3) Chicago 156 7%

4) Stanford 137 6%

5) Columbia 135 6%

6) Virginia 110 5%

7) Michigan 87 4%

8) Georgetown 61 3%

9) Berkeley 59 3%

10) NYU 54 2%

11) Penn 48

12) Northwestern 42

13) Texas 35

14) GW 26

15) Duke 21

16) UCLA 19

17) Notre Dame-17

18) BYU 13

19) Indiana 11

19) Minnesota-11

And here is Mr. Hillis's list of the top 20 law schools which have produced the most clerks since 2005 through 2017 (again, note that Harvard is more than twice the size of Yale, Stanford, and Chicago; that Virginia, Columbia, and NYU are about twice the size of the latter; etc.):


Continue reading

January 31, 2017 in Legal Profession, Rankings | Permalink

Monday, January 30, 2017

"Malevolence tempered by incompetence"

This is one of the more incisive and damning analyses of Trump's executive order on refugrees and visas.

January 30, 2017 in Of Academic Interest | Permalink

Friday, January 27, 2017

Startling development: Harvard Law students think they are more important than they really are!

Some want to play an "indispensable" role in the search for a new Dean.  I'm sure student feedback on candidates will receive some weight, but that's about it.  Were I a betting man (I am not), I would bet on  John Goldberg or John Manning--both current HLS faculty--to be chosen as the new Dean.

January 27, 2017 in Faculty News, Legal Profession, Of Academic Interest | Permalink

Thursday, January 26, 2017

Cost-benefit analysis and the late Justice Scalia spell trouble for Trump's proposed border wall

Interesting analysis by my colleagues Daniel Hemel, Jonathan Masur, and Eric Posner.

January 26, 2017 in Of Academic Interest | Permalink