The Faculty Lounge

Information for Submitting to Online Law Review Companions

Now updated to include online law review companions at 45 schools, here. (Expanded from July 22 version that included only 20 publications.)

No Introduction Needed

 

Taboo Trades Bonus Episode: Ending the Kidney Shortage with Frank McCormick

Frank McCormick is an economist and the author of numerous articles focused on the shortage of kidneys for transplantation. He is retired from the Bank of America where he was Vice-president and Director of U.S. Economic and Financial Research. Today, we’re discussing his recent article, Projecting the Economic Impact of Compensating Living Kidney Donors in the United States: Cost-Benefit Analysis Demonstrates Substantial Patient and Societal Gains, co-authored with Philip J. Held, Glenn Chertow, Thomas G. Peters, and John P. Roberts. It is published in the journal, Value in Health and is available here: https://www.sciencedirect.com/science/article/pii/S109830152201957X/

Hiring Announcement: University of Tennessee College of Law

From an email message that I received recently:

THE UNIVERSITY OF TENNESSEE COLLEGE OF LAW invites applications from both entry-level and lateral candidates for up to four full-time, tenure-track faculty positions to begin at the start of the 2023-24 academic year. The College is interested in candidates with scholarly aptitude and experience in one or more of the following curricular areas:

· Advocacy Clinic (a civil, juvenile, and criminal law direct legal services clinic)

· Business law (including business associations and contracts)

· Criminal law (both substantive and procedural)

· Environmental law

· Estate planning and tax

· Health law

· Property

· Technology and data privacy

All positions require a J.D. or equivalent law degree. Successful applicants must have an impressive academic background. Candidates also must have a strong commitment to excellence in teaching, scholarship, and service. Significant professional experience is desirable.

In furtherance of the University’s and the College’s fundamental commitment to diversity in our faculty, student body, and staff, we strongly encourage applications from people of color, women, individuals with disabilities, LGBTQ+ people, veterans, and others whose background, life experiences, viewpoints, or philosophy would contribute to the diversity of our faculty, curriculum, and programs.

The University of Tennessee, Knoxville, is an R1, land-grant university located in Knoxville, Tennessee. The City of Knoxville is a hidden gem with a beautiful and walkable downtown, varied nightlife, active neighborhoods, and eclectic shopping and restaurants. UT is located within easy driving distance to Asheville, Nashville, Atlanta, and the Great Smoky Mountains.

Applications must be submitted through http://apply.interfolio.com/109970. Applicants should submit a letter of interest, including the subjects the candidate is interested in teaching, a CV, and the names and contact information for three references. While applications will be considered on a rolling basis, applicants should submit their materials no later than September 1, 2022, for best consideration. For questions, please contact Professor Michelle Kwon, Chair of the Faculty Appointments Committee, mkwon2@utk.edu. 

The University of Tennessee is an EEO/AA/Title VI/Title IX/Section 504/ADA/ADEA institution in the provision of its education and employment programs and services. All qualified applicants will receive equal consideration for employment and admission without regard to race, color, national origin, religion, sex, pregnancy, marital status, sexual orientation, gender identity, age, physical or mental disability, genetic information, veteran status, and parental status.

 

Truckin'

Dave Dudley's "Six Days on the Road," released in 1963, was the first crossover truck driving hit, reaching number two on the Country chart and 32 on the Pop chart. Country music and truck driving have been associated ever since. "Six Days on the Road" has been covered any times, with the vocalists often (but not always) adopting Dudley's slurred words, especially in the last line of each verse.

[This began as a post on "Six Days on the Road," but I couldn't resist adding some clips of the other country trucking songs below.]

Villanova Law Seeks Doctrinal/Clinical/Writing Faculty

Villanova Law is hiring as many as six new faculty members this year, across a range of areas including doctrinal, clinical, and legal writing.  Inquiries regarding any of the positions should be directed to the chair of the Appointments Committee, Todd Aagaard, at Aagaard[at]law.villanova.edu.

Assistant/Associate/Professor of Law

As many as three tenure-track faculty positions will be filled at the Assistant, Associate, or Professor level depending on the candidate's experience and qualifications.  We welcome applications from candidates across all areas of law, especially in the areas of Race and the Law, Constitutional Law, International Law, and Commercial Law.

Director of the Health Law Clinic

We will be hiring someone to direct and teach our Health Law Clinic. The Health Law Clinic represents low-income clients in their efforts to obtain accessible, quality health care. The Director will have discretion to develop the docket and focus on particular areas of interest moving forward.

The Director will be a full-time continuing non-tenure track (governed by ABA Standard 405(c)) member of the faculty, potentially with the option to transfer to the unitary tenure track in subsequent years.

Assistant/Associate/Professor of Law (Legal Writing)

We are looking to hire up to two legal writing faculty.  We seek applicants interested in teaching in our second-year transactional writing course, and we also welcome applicants interested in teaching in any part of the legal writing curriculum.

Legal writing faculty are a vital part of the Villanova Law community; they have partial voting rights and serve on law school committees and in leadership positions.  Legal writing faculty are not required to engage in scholarship, but those who do receive support.

Villanova is a Catholic university sponsored by the Augustinian order. Diversity and inclusion have been and will continue to be an integral component of Villanova University’s mission. The University is an Equal Opportunity/Affirmative Action employer and seeks candidates who understand, respect and can contribute to the University’s mission and values.

Belmont University Business School Seeks Faculty for Law Courses

This just in:

The Jack C. Massey College of Business at Belmont University is seeking applications for a tenure-track faculty position at the rank of Assistant Professor beginning August 1, 2023.  

Job Description and Responsibilities
Seeking an energetic and enthusiastic candidate with a passion for developing and leading innovative programs within the Business Systems and Analytics (BSA) department as they apply to Data Governance, Privacy, Ethics and the Legal Environment. Additionally, this person will contribute to building multidisciplinary programs as part of the new Belmont Data Collaborative (BDC) in partnership with Nashville’s industry leaders (for- and non-profit and government) as well as creating a pipeline of well-trained and qualified graduates.

Job responsibilities include creating and teaching sections of Business Law and Business Ethics classes designed for the BSA major to promote a greater understanding and application of Data Governance, Privacy, Ethics and the Legal Environment at both the undergraduate and graduate levels. Additional responsibilities include academic advising, student mentoring, scholarly activity, and college and university service.  Ph.D., J.D., or progress toward a terminal degree is required; teaching experience strongly preferred. As all Belmont undergraduates complete an innovative general education program with significant interdisciplinary components, Belmont University is particularly seeking applicants who can demonstrate the interest and ability to work collaboratively in course design and to teach interdisciplinary and topical courses in this program. For additional information about the position and to complete the online application, candidates are directed to https://jobs.belmont.edu. An electronic version of a Cover Letter, Curriculum Vitae, Teaching Philosophy, and a Response to Belmont’s Mission, Vision, and Strategic Path to 2030 must be attached to complete the online application. 

 

LSU Law Seeks Tenured/Tenure-Track Faculty

This just in:

LOUISIANA STATE UNIVERSITY, PAUL M. HEBERT LAW CENTER seeks to hire tenure-track or tenured faculty in a variety of areas, including, but not limited to, faculty who have expertise in business law, civil & comparative law, civil procedure, constitutional law, contracts, criminal law and procedure, evidence, family law, professional responsibility, and property. Applicants should have a J.D. from an ABA-accredited law school (foreign equivalencies will also be considered), superior academic credentials, and a demonstrable commitment to the production of quality scholarship, as well as a commitment to outstanding teaching.

Louisiana State University is an R1 land, sea, and space-grant university with a footprint across the state of Louisiana. It is one of only eight universities in the nation with a law school, dental school, medical school, veterinary school, and an elite MBA program. The LSU Law Center, the flagship state law school of Louisiana, is part of LSU A&M’s campus, located in the state capital, Baton Rouge. See more about LSU, including links to the area, at https://lsu.edu/visit/index.php.

LSU is committed to providing equal opportunity for all qualified persons in admission to, participation in, or employment in the programs and activities which the University operates without regard to race, creed, color, marital status, sexual orientation, gender identity, gender expression, religion, sex, national origin, age, mental or physical disability, or veteran’s status. LSU is committed to diversity and is an equal opportunity/ equal access employer. LSU believes diversity, equity, and inclusion enrich the educational experience of our students, faculty, and staff, and are necessary to prepare all people to thrive personally and professionally in a global society. To learn more about how LSU is committed to diversity and inclusivity, please see LSU’s Diversity Statement and Roadmap.

Please note that applicants must apply through the LSU Career Opportunities website. Only those persons who apply online will be considered for employment. Please apply using the following link: (https://lsu.wd1.myworkdayjobs.com/LSU/job/0400-Hebert-Law-Center/Assistant-Professor-of-Law-Associate-Professor-of-Law-Professor-of-Law_R00069560). Applications should include a letter of interest, resume including a list of three references, research agenda, and, if available, teaching evaluations.  

Questions may be directed by email to Ms. Pamela Hancock, the LSU Law Center’s Coordinator of Administration, who assists the Faculty Appointments Committee (phancock@lsu.edu).

Guest Post: The Epistemic Dimension of Antisemitism: The Case of Navi Pillay

This is a guest post by Prof. David Schraub of the Lewis & Clark Law School, cross posted from The Debate Link:

The Epistemic Dimension of Antisemitism: The Case of Navi Pillay

The Journal of Jewish Identities just published my most recent article, "The Epistemic Dimension of Antisemitism." Basically, the article looks at antisemitism through the prism of "epistemic injustice" -- wronging Jews in our capacity as knowers. This is distinct from more "traditional" forms of antisemitism like overt hatred or disdain (though obviously they can be related and support one another). 

To give an example: One can (and many antisemites do) view Jews as a world-dominating cabal that controls critical social enterprises like the media, Hollywood, and the financial industry. Unsurprisingly, those who hold that view often also are affectively antagonistic towards Jews (few think Jews run the world and are thankful for what a bang-up job they think we're doing). But it's also likely that someone who holds this view will take certain stances about Jewish credibility. They're liable to think that Jews cannot be trusted, that we're always working the angles, that our testimonial offerings are likely in service of a deeper game. Even if, for whatever reason, they do not have an explicitly hateful attitude towards Jews, they might be distinctively mistrustful or dismissive towards Jews when we venture opinions in the public square -- even, or perhaps especially, if those opinions are on matters that are central to Jews' own experience.

The essay, of course, goes into more detail. But as it happens, an incident that occurred almost simultaneously with the publication of the essay provides a solid real-world illustration. In an interview with the pro-Palestinian website Mondoweiss, Miloon Kothari, a member of the United Nations Human Rights Council's special commission into Israel and the Palestinian territories, made several remarks which generated a swift backlash from American and Jewish diplomatic officials. 

In particular, Kothari alleged that the "Jewish lobby" controls social media to the detriment of his work:

“We are very disheartened by the social media that is controlled largely by – whether it is the Jewish lobby or specific NGOs, a lot of money is being thrown into trying to discredit us.”

(Elsewhere, he appeared to question the validity of Israel's membership in the UN -- we'll leave that part aside).

Unsurprisingly, these comments were, to say the least, not well received in the Jewish community. But Kothari's colleague Navi Pillay, former United Nations High Commissioner for Human Rights, rose to Kothari's defense and claimed that he was the victim of a "deliberate" campaign to misquote and falsify what Kothari actually said. Kothari's comments, Pillay argued, were "deliberately been taken out of context" and Kothari was "deliberately misquoted to imply that 'social media' was controlled by the Jewish lobby."

Kothari's comment about "the Jewish lobby", expressing frustration by and antagonism towards what he takes to be the "Jewish lobby's" ability to "control" social media, seems an easy case of antisemitism under traditional articulations. Pillay's defense of Kothari, by contrast, sounds in a epistemic dimension. She dismisses the testimonial offerings of Kothari's critics who claim antisemitism by claiming they are engaging in a "deliberate" campaign of falsification. The purpose is to sabotage the basic testimonial validity of those claiming antisemitism by declaring the allegations to violate basic norms that undergird legitimate discourse (e.g., honesty and sincerity).

University of Kansas School of Law Seeks Faculty

This just in:

The University of Kansas School of Law invites applications for two tenure-track, associate professor positions to begin fall 2023.  We invite entry-level and junior-lateral candidates in the areas of business, corporate, finance, and transactional law for the first position and entry-level candidates from all subject areas for the second position.  Qualified candidates who will contribute to the diversity of our law school community, including a diversity of scholarly approaches, are especially encouraged to apply.
 
Applicants must possess a J.D. from an accredited U.S. law school or equivalent degree, and must demonstrate strong scholarly potential and a commitment to excellence in teaching.  The School actively seeks applications from members of groups that are underrepresented in higher education.

Review of applications begins August 25 and will continue until the positions are filled. Initial interviews will be conducted via Zoom. We will review candidate materials posted in the AALS Faculty Appointments Register (FAR), and also invite applications from candidates not participating in the FAR. Applications must be submitted online:  

• https://employment.ku.edu/academic/22719BR 
• https://employment.ku.edu/academic/22720BR 

and should include a cover letter, a CV/resume, a detailed statement of research interests/future plans, a statement related to diversity, a writing sample, and the names of three references. Materials such as teaching evaluations or additional samples of scholarly work may be requested of candidates at a later date. For fullest consideration, candidates not participating in the FAR should apply by August 25, 2022.
 
Contact:  Professor Kyle Velte, Chair, Appointments Committee, kvelte@ku.edu  

KU is an EO/AAE, full policy at http://policy.ku.edu/IOA/nondiscrimination

Call for Nominations: AALS Federal Courts Section

This just in:

The AALS Section on Federal Courts is pleased to announce the annual award for the best article on the law of federal jurisdiction by a full-time, untenured faculty member at an AALS member or affiliate school—and to solicit nominations (including self-nominations) for the prize to be awarded at the 2023 AALS Annual Meeting.

The purpose of the award program is to recognize outstanding scholarship in the field of federal courts by untenured faculty members. To that end, eligible articles are those specifically in the field of Federal Courts that were published by a recognized journal during the twelve-month period ending on September 1, 2022 (date of actual publication determines eligibility). Eligible authors are those who, at the close of nominations (i.e., as of September 15, 2022), are untenured, full-time faculty members at AALS member or affiliate schools, and have not previously won the award. Nominations (and questions about the award) should be directed to Prof. Diego Zambrano at Stanford Law School (dzambran@law.stanford.edu).

Without exception, all nominations must be received by 11:59 p.m. (EDT) on September 15, 2022. Nominations will be reviewed by a prize committee comprised of Professors Merritt McAlister (University of Florida Levin College of Law), Richard Re (University of Virginia), Mila Sohoni (University of San Diego School of Law), Steve Vladeck (University of Texas), and Diego Zambrano (Stanford) with the result announced at the Federal Courts section program at the 2023 AALS Annual Meeting.

Vanderbilt: Law and Business Fellowship

From an email message that I received recently:

Vanderbilt is starting a new law and business fellowship.  Here is a link to the job posting:  https://www.vanderbilt.edu/postdoc/position-detail/?id=658.

USF Law Seeks Faculty

This just in:

The University of San Francisco School of Law is locat­ed in one of the world’s most dynamic and progressive cities, which affords our community a global perspec­tive and access to premiere arts, culture, and centers of innovation. Part of a historic Jesuit institution, the Law School has a proud 110-year history of preparing its exceptionally diverse graduates to be excellent and ethical at­torneys who serve their clients and communities with integrity and in a socially responsible manner. We are an inclusive, supportive learning community that prioritizes academic excellence, service to those most in need, and high-quality scholarship that makes a difference. We are committed to recruiting and retaining BIPOC faculty to reflect our mission and practice.

The Law School is seeking entry-level and lateral ap­plicants for two or more positions on our full-time fac­ulty to begin in the fall of 2023. USF Law welcomes outstanding candidates, with particular interest in candidates who expand the school’s ex­pertise in the fields of property, torts, intellectual property, and race and the law. We also invite applicants who have expertise in international human rights and interest in directing the Frank C. Newman International Human Rights Law Clinic. We further welcome applicants seeking to teach in the areas of criminal procedure, criminal law, evidence, contracts, tax, and commercial law. The University of San Francisco is entering into the second year of a faculty diversity hiring initiative, which includes the opportunity for junior scholars to participate in a supportive cohort and receive mentoring and peer-to-peer support coordinated by the University’s Vice President for Equity, Inclusion and Faculty Excellence. During the first year 70% of new full-time faculty hires were Black, Indigenous and People of Color (BIPoC), compared to 36% of our current full-time faculty. Junior BIPoC faculty are invited to participate in a supportive cohort, and receive mentoring, community building and peer-to-peer opportunities coordinated by the Vice Provost for Equity, Inclusion and Faculty Excellence. In addition, all new faculty have access to a free membership with the National Center for Faculty Development and Diversity and support from the Center for Teaching Excellence and Center for Research, Artistic and Scholarly Excellence.

Applicants should demonstrate a record of professional excellence, strong classroom teaching skills, a commitment to service, and potential for success as a scholar and contributing member of a dynamic and diverse community. Experience teaching diverse student populations or serving diverse client populations is a plus. Con­tact: University of San Francisco School of Law, Office of Faculty Services and Academic Affairs. Email: lawfacultyservices@usfca.edu.

Why Trump Witness Tampering Would Be So Hard to Prove

My new essay is posted at NBC News, explaining the difficulty of charging Trump with witness tampering (even though Republicans made an identical charge against Bill Clinton).

Here is the gist:

Why Trump Witness Tampering Would Be So Hard to Prove

Steven Lubet

NBC News

July 31, 2022

It turns out the former president himself tried to reach out to a potential witness, with a source telling NBC News earlier this month that he had placed a telephone call to a member of the White House support staff who was in talks with the committee. [T]here is a lot of territory between what everyone naturally assumes — that Trump was attempting to tamper with a witness — and bringing a criminal charge, much less securing a conviction. A successful prosecution would require more information than Cheney has provided so far. 

[A] witness’s own interpretation of ambiguous circumstances — “I felt intimidated” — is not conclusive unless there is additional proof of actual intent. Although intent can be inferred from the surrounding circumstances, an unanswered telephone call gives prosecutors precious little to work with despite the blatant implication that Trump was up to no good.

It may have been Trump’s good luck that the Jan. 6 committee witness declined his call. Without evidence of overt pressure, it will probably be impossible for the Justice Department to fashion a witness tampering prosecution. 

But as every New York mobster knows, silent messages can be the most coercive, with the least legal accountability, so long as the godfather’s meaning is unmistakable. We may never find out what Trump planned to say to the committee witness. Perhaps he thought the caller ID would be enough to say it all.

You can read the entire essay -- with references to Bill Clinton and Kennedy v. Bremerton -- at NBC News.

My original draft had this link to The Godfather, but it was removed during editing.

Mississippi College School of Law seeks Tenure-Track Faculty

This just in:

Mississippi College School of Law invites applications from entry-level candidates for multiple tenure-track faculty positions expected to begin in July 2023. Our search will focus primarily on candidates with an interest in teaching one or more of the following subject areas: Civil Law, Civil Procedure, Contracts, First Amendment, Commercial Law, Cyber Law/Law & Technology, Estates & Trusts, and Race and the Law. We seek candidates with a distinguished academic background (having earned a J.D. and/or Ph.D.), a commitment to excellence in teaching, and a demonstrated commitment to scholarly research and publication. We particularly encourage applications from candidates who will enrich the diversity of our faculty. We will consider candidates listed in the AALS-distributed FAR, as well as those who apply directly. Applications should include a cover letter, curriculum vitae, a scholarly research agenda, the names and contact information of three references, and teaching evaluations (if available). Applications should be sent in a single PDF to Professor Jonathan Will, Chair, Faculty Appointments Committee, via email at will@mc.edu.

The Plagiarism Taboo with Brian Frye

A new bonus episode of the Taboo Trades podcast is up and it is a lot of fun.

My guest is one of the most unusual and creative voices in the legal academy, Brian Frye, the Spears-Gilbert Professor of Law at the University of Kentucky. He teaches classes in civil procedure, intellectual property, copyright, and nonprofit organizations, as well as a seminar on law and popular culture. Today we’re engaging in academic navel gazing and opining on plagiarism, law review publishing, and scholarly shit posting.

Brian is also a filmmaker. He produced the documentary Our Nixon (2013), which was broadcast by CNN and opened theatrically nationwide. His short films and videos have shown in the 2002 Whitney Biennial, the New York Film Festival, and the San Francisco International Film Festival, among other venues, and are in the permanent collection of the Whitney Museum of American Art. His critical writing on film and art has appeared in October, The New Republic, Film Comment, Cineaste, Senses of Cinema, and Incite! among other journals.

Professor Frye also produces a podcast that I highly recommend, Ipse Dixit https://shows.pippa.io/ipse-dixit

 

 

My Girl

"My Girl" was written by Smokey Robinson and Miracles member Ronald White, inspired by Robinson's wife Claudette Rogers Robinson, who was also in the Miracles. It was the Temptations' first number one hit, in 1964, and also the first release with David Ruffin singing lead.