The Faculty Lounge

Call for Papers: Antitrust Law Journal (symposium)

From an email message that I received earlier today:

Call for papers:  Antitrust Law Journal symposium

Proposals due by February 12, 2021

             The Antitrust Law Journal seeks article proposals for a symposium on U.S. antitrust institutions.

            The symposium will focus on government enforcement of federal and state antitrust laws in the United States.  It will analyze whether the current lineup of government enforcers, with overlapping responsibilities, is well suited to meet the demands of modern antitrust enforcement.  The symposium will focus not on antitrust doctrine, but on U.S. enforcement institutions themselves.

            The editors seek articles that address one or more of the following topics:

1. If one takes the current lineup and responsibilities of government antitrust enforcers as a given, what can be done to improve the collective performance of those enforcers?
2. How could one change the lineup and responsibilities of government antitrust enforcers to optimize the system for modern antitrust enforcement?
3. In cases brought by government antitrust enforcers, how could one improve the adjudicative process, including enforcement decisions, how cases are litigated, and the performance of the courts and other tribunals?

            The editors actively seek diverse viewpoints and diverse scholarly approaches.  Submissions for this symposium will be peer-reviewed and selected with these goals in mind.  Although the symposium is not a historical or comparative project, the editors welcome articles with historical or comparative features.

Henry Aaron (1934-2021)

The great Henry "Hank" Aaron has passed away at age 86. In addition to being one of the most highly accomplished players in baseball history, Aaron was also an important civil rights figure. In the words of his CBS obituary,

He fought every day for decades through horrendous racism in the deep south and the rest of the country. He was repeatedly called the N-word, faced death threats, and had rocks and other items thrown at him throughout his career.

And from his New York Times obituary:

When he hit his 715th home run, on the evening of April 8, 1974, against the Los Angeles Dodgers at Atlanta-Fulton County Stadium, he prevailed in the face of hate mail and even death threats spewing outrage that a Black man could supplant a white baseball icon.

“It really made me see for the first time a clear picture of what this country is about,” he said. “My kids had to live like they were in prison because of kidnap threats, and I had to live like a pig in a slaughter camp. I had to duck. I had to go out the back door of the ball parks. I had to have a police escort with me all the time. I was getting threatening letters every single day. All of these things have put a bad taste in my mouth, and it won’t go away. They carved a piece of my heart away.”

I related my own story of Hank Aaron in the Chicago Tribune in 1999:

Ehud Olmert on Sheldon Adelson

Ehud Olmert was the last prime minister of Israel before Benjamin Netanyahu, in office 2006-09. He had previously held various cabinet ministries, and served two terms as mayor of Jerusalem, all as a member of Likud. In 2006, however, he left Likud and formed the centrist Kadima (Forward) Party, under which he held the prime ministership. He did not run for reelection in 2009, have been displaced in Kadima by Tzipi Livni, who then lost to Netanyahu, who has held the office ever since. Olmert moved steadily leftward in Israeli politics, following the lead of his mentor Ariel Sharon, whom he succeeded as prime minister, supporting peace agreements with the Palestinians and withdrawal from occupied territory. He also served a prison term in 2015, following convictions for accepting bribes as mayor of Jerusalem and during his Knesset service.

Olmert's observation on the passing of Sheldon Adelson, published in the Jerusalem Post, is worth reading. The headline is "I hate everything Sheldon Adelson loved about Israel." Here is the gist:

Adelson loved Israel and contributed much to a variety of Israeli organizations. And yet, which Israel did he love? Adelson loved an Israel that expels Palestinians from areas under our control. He stated this explicitly on a number of occasions.

Adelson loved an Israel that ignores its Arab citizens and refuses to recognize their equal rights. Adelson believed in a right-wing, nationalistic and fundamentalist Israel, though he himself was not a religious person. He also thought that if Israel had nuclear capability, it should use this power against Iran.

Sheldon loved an Israel that most of the residents living here don’t even want. He preached a racism that is inimical to us. He supported discrimination against Arabs, which we are definitely not prepared to go along with. He hated leftists, and did his utmost to make Israeli society fractious. He encouraged internal disputes and rivalries among ourselves, even though he himself didn’t live here.

 

Everything he loved, I hate.

 

Everything I love about Israel has nothing to do with Adelson.

 

May he rest in peace. 

 

You can read the entire article here.

 

Colorado Law Announces 4 Finalists for Deanship

The four finalists for the deanship at Colorado Law are:

• Michèle Alexandre, dean and professor of law, Stetson University College of Law.
• Johanna Bond, Sydney and Frances Lewis Professor of Law, Washington and Lee University School of Law.
• Lolita Buckner Inniss, senior associate dean for academic affairs and professor of law, University Distinguished Professor and inaugural Robert G. Storey Distinguished Faculty Fellow, Southern Methodist University Dedman School of Law.
• Sarah Krakoff, Moses Lasky Professor of Law, University of Colorado Law School.

Details here.

Deborah Rhode (1952-2021)

Deborah Rhode was one of the most important figures in contemporary legal education, especially in the field of legal ethics. Her untimely passing has been a shock to everyone who knew her and benefited from her generosity, intellect, insightfulness, and wise counsel.  It would be impossible to say enough good things about Deborah, but I do feel compelled to comment on the opening paragraph of Clay Risen's obituary in the New York Times:

Deborah L. Rhode, a law professor who transformed the field of legal ethics from little more than a crib sheet for passing the bar exam into an empirically rich, morally rigorous investigation into how lawyers should serve the public, died on Jan. 8 at her home in Stanford, Calif. She was 68.

As I am sure Deborah would have confirmed, she was not the first ethics professor to focus on "access to justice, integrity, accountability, and equality,” or to approach professional responsibility as more than a "crib sheet." Tom Morgan and Ron Rotunda -- about a half generation before Deborah -- raised those issues, as did Geoffrey Hazard and Monroe Freedman (a full generation earlier).

Recognizing the work of Geoff, Monroe, Tom, and Ron (and a few others) does not in any way diminish Deborah's profound and lasting influence on the field, especially regarding, as Risen put it, "the politics and interests behind those rules, especially those that limited who could practice law and how lawyers should go about providing services to people who could not afford them." And that is in addition to her pathbreaking work on gender issues.

Risen is a terrific writer with an expansive portfolio and a broad palette, but it does not hurt to point out that serious legal ethics scholarship has more history than he allowed.

An essay tough on President Biden...

I trust it may be of interest:

The Link: https://news.bloomberglaw.com/us-law-week/can-biden-reconcile-competing-interests-of-domestic-labor-and-immigration-reform?context=search&index=2

Copy of the text:

The Biden administration has a number of immigration policy proposals with respect to H-1B temporary work visas for highly skilled workers, agricultural workers, and reinstituting the DACA program. But they fail to fully examine the impacts on domestic labor, which will present challenges to implementation, says Ediberto Roman, law professor at Florida International University College of Law.

National debates concerning immigration focus largely on the purported cultural and criminal threat posed by undocumented immigrants. Yet the reality is that immigration debates are domestic labor issues.

President Joe Biden is expected to send a sweeping immigration reform bill to Congress. However, he will have his hands full trying to reconcile competing interests between immigration reform (a key agenda for the left wing of his party), and the real-world impact any such reform will have on domestic labor.

This challenge has thus far not captured much media attention or substantive critique. News reports almost exclusively focus on Biden’s rejection of both Trump’s xenophobic rhetoric and his antagonistic policies aimed against immigrant communities and on Biden’s promises to remove asylum application impediments, the elimination of the “Muslim ban,” and proposed reforms to temporary visa programs.

While Biden’s inauguration speech emphasizing unity did not address immigration, his platform acknowledges immigration’s role in the U.S. economy and its value to employers, noting “the total annual contribution of foreign-born workers is roughly $2 trillion.”

University of Manitoba Seeks Law Dean

This just in:

The University of Manitoba invites nominations, applications, and expressions of interest for the position of Dean, Faculty of Law with the appointment to begin July 2021. This is an exciting opportunity to lead a law school dedicated to educating leaders who will serve the public good while focusing on the legal challenges facing society and the contemporary legal profession.

With a tradition of innovation since 1914, the Faculty of Law offers an exceptional legal education where approximately 300 students experience dynamic and innovative experiential and classroom learning and receive the highest training in critical and analytical thinking, advocacy, and legal research. The Faculty offers a Juris Doctor (JD) and Master of Laws (LLM degree) and is home to Canada’s first interdisciplinary Master of Human Rights Program. With research chairs and institutes devoted to Human Rights, Private Enterprise and the Law, Legal Research, and International Business and Trade Law, the Faculty’s award-winning professors engage in research aimed at finding solutions to real problems faced by Canadians. As Manitoba’s only law school, the Faculty is integrally connected to members of the legal profession locally, provincially, nationally, and globally, offering students the opportunity to engage and contribute beyond the classroom. Additional information is available at https://law.robsonhall.com/

As Western Canada’s first university, the University of Manitoba has thrived as a place where challenges are embraced. As Manitoba’s only research-intensive, medical-doctoral university and member of the U15 Group of Research Universities, it is taking its place among Canada’s top research institutions through a commitment to transformative research and scholarship, and to innovative teaching and learning – uniquely strengthened by Indigenous knowledge and perspectives. The University of Manitoba offers more than 100 programs at the undergraduate, graduate, doctoral, and professional levels and is home to world-class researchers who engage communities throughout the province and across the globe, building international partnerships that generate positive change. The University of Manitoba has more than 30,000 undergraduate and graduate students, over 10,000 faculty and staff, and more than 145,000 alumni across Canada and 140 different countries. The University is located in Winnipeg, a city that offers a high quality of life with affordable housing, a long heritage of cultural activity, and numerous recreational opportunities. For more information, please visit the website at www.umanitoba.ca

Reporting to the Provost and Vice-President (Academic), the Dean is the Faculty of Law’s senior academic officer, providing strategic direction, academic planning leadership, and administrative oversight to achieve the highest possible standards in legal education and research. The Dean will successfully manage the financial and administrative resources of the Faculty of Law, promote and enhance its reputation and achievements both internally and externally, and ensure the success and development of faculty and staff. Working collaboratively to create, implement, and adapt ideas and strategies, the Dean will be a champion of student success who is focused on meeting their changing needs and inspiring them as future leaders. The Dean will work effectively, transparently, and collegially with academic, legal, alumni, and public sector partners to further enhance the reputation, stature, and resources of the Faculty. Meeting the ongoing challenges and issues posed by COVID-19 are likely to form part of the new Dean’s responsibilities.

With an understanding of current and future issues, trends, and forces that will impact legal education and practice, the Dean will be an innovative administrator, leader, and scholar with demonstrated leadership capabilities in a university setting. The successful candidate will possess the academic qualifications required to hold a tenured appointment in the Faculty of Law (including an advanced degree in law or a cognate discipline), and will have strong achievements in interdisciplinary legal research, teaching, and community engagement. The Dean will have a transparent and collegial style, outstanding communication and interpersonal skills, and will be a strong advocate of social justice and all aspects of equity, diversity, and inclusion. The successful candidate will be able to inspire students, faculty, and staff, build inclusive and collaborative teams, demonstrate financial acumen in managing the Faculty’s resources and academic priorities, and be highly engaged with a range of internal and external stakeholders and partners. Experience with fundraising and advancement will be an asset in this role.

We Are (Still) the World

 

 

Daily Beast Reports: "Karl Rove: ‘Strong Likelihood’ Trump Will Be Convicted if Giuliani Leads Impeachment Defense"

"Fox News contributor Karl Rove lamented on Sunday that if Rudy Giuliani leads President Donald Trump’s impeachment defense in the Senate, there is a “strong likelihood” the president will be convicted." 

Rudy has been a notable failure as Trump's lawyer.  If his impeachment defense shows the same proficiency, it would end up being -- as we used to call it -- a slow plea of guilty. 

Linda Greene Selected as New Michigan State Law Dean

Michigan State University provost Teresa Woodruff has selected Professor Linda Greene, from the faculty of Wisconsin Law, as its new dean (pending Board of Trustee approval.) Greene, who holds a JD from UC Berkeley, joined the Wisconsin faculty in 1989 and has held administrative positions at both Wisconsin and UC San Diego.  She starts June 1.

Democracy's Big Day [UPDATED]

Jim Bendat -- my undergrad classmate, occasional coauthor, and good friend for life -- picked up the term "Democracy's Big Day" to describe presidential inaugurations, celebrating the democratic tradition of peaceful transitions of power. He wrote a book of the same name, which is the definitive history of American presidential inaugurations, filled with fascinating details of every inauguration from Washington to Obama (he did not write a new edition to include Trump).

Jim has been a frequent television commentator at presidential inaugurations. He covered the Trump inauguration for CNN is 2017. He is now back in action, having given many interviews about Wednesday's Biden inauguration. You can hear him discuss the history of inaugurations on C-Span here.

UPDATE: The original version of this post said that Jim coined the term "Democracy's Big Day," but he has corrected me. He actually picked it up from  the inaugural address of George H.W. Bush in 1989. After the jump, see the note from Pres. Bush to Jim, following publication of the book.

Tulsa College of Law Dean Search Announcement

Position Summary

The University of Tulsa (TU) seeks a candidate beginning July 1, 2021, to serve as the Dean of the University of Tulsa College of Law. The Dean is the chief academic officer of the College and provides strategic vision and operational leadership for all aspects of the academic enterprise; supports and promotes excellence in faculty scholarship and teaching; and preserves a collaborative and transparent environment for students, faculty, administrators, staff, and alumni. The Dean supports the College’s fundraising and development efforts, develops, and promotes strategic plans for the College, and works with law school faculty, administrators, and other program directors in advancing the broad interests of the College. The Dean must work collegially with faculty, staff, and fellow members of the President’s Leadership Team and Deans’ Council, other colleges, alumni, and community members to advance the academic mission of the College and the University.

We seek an intellectually curious, thoughtful, and forward-looking person who can manage a complex institution, raise funds, and identify opportunities in the challenges presently facing legal education. The next Dean of the College of Law must be equipped to understand and respond to the unique challenges and opportunities in professional legal education today.

Minimum Qualifications

Juris Doctorate degree or equivalent; academic and professional credentials necessary for eligibility for a tenured faculty appointment

Application Information

The University of Tulsa seeks to recruit and retain talented students, faculty, and staff from diverse backgrounds. The University of Tulsa is an affirmative action/equal opportunity employer and encourages qualified candidates across all group demographics to apply. The University does not discriminate on the basis of personal status or group characteristic including, but not limited to race, color, religion, national or ethnic origin, age, sex, disability, veteran status, sexual orientation, gender identity or expression, genetic information, ancestry, or marital status.

Please submit a cover letter addressing the candidate’s experience, qualifications, education, and vision for the future of the College of Law, and a CV to: The University of Tulsa, Office of Human Resources, 800 S Tucker Drive, Tulsa, OK 74104 or submit online at utulsa.edu/job-application.

Applicants who progress in the search process will be asked to provide five references, accompanying letters of recommendation, and official transcripts.  Application review will begin on February 1 and continue until the position is filled.

Confidential inquiries and expressions of interest may be addressed to Search Committee Chair, Elizabeth McCormick, at LAWsearchchair@utulsa.edu.

The University of Tulsa is an Equal Opportunity Employer including Disability/ Veteran.

I Wonder How the Old Folks Are at Home [UPDATED]

A bluegrass standard, first recorded by the Carter Family in 1929.

West Virginia Law Names Amelia Smith Rinehart as Dean

West Virginia University has announced that Amelia Smith Rinehart will be its new law dean.  Rinehart is currently associate dean of academic affairs , and a faculty member, at Utah Law.  She holds a JD from the University of Chicago.

One More Reason Trump's Senate Trial Can Proceed after January 20

It's all in the punctuation (seriously). Here is the relevant passage of Article I, Section 3:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.

Note the location of the initial comma, inserted between removal from office and disqualification to hold any future office. This indicates that the two available judgments are distinct, the second is not dependent upon or derivative of the first. It follows that a Senate trial may be held solely to determine whether the impeached person will, if convicted, be disqualified to hold or enjoy any office in the future.

No, It Would Not Be Unconstitutional for Trump's Impeachment Trial to Be Held after He Is Out of Office

Michael Luttig believes that the Senate lacks constitutional authority to hold Trump's impeachment trial after January 20. He is wrong, as Andy Koppelman and I explain in an essay for Law & Crime. Here is the gist:

Former federal appellate court judge Michael Luttig evidently played an important role in saving American democracy last week, when he convinced Vice President Mike Pence that he lacked the “unilateral authority to decide which electoral votes should be counted.” As Luttig explained it – and as quoted in Pence’s letter to Congress –  “the only responsibility and power of the Vice President under the Constitution is to faithfully count the Electoral College votes as they have been cast.” Luttig is rightly revered among conservatives as a close reader of the Constitution, making his analysis of the Twelfth Amendment especially persuasive. Now Luttig has opined, in the pages of the Washington Post, that the Senate’s impeachment trial of President Trump cannot be held after he leaves office. This time, Luttig is wrong. The Senate can indeed try and convict Trump once he again becomes an ordinary citizen, although the only available judgment will be to disqualify him from holding a federal government office in the future.

You can read the entire article here.

Josh Hawley Is Not the First Missouri Senator with Blood on His Hands

I have this piece up today on The Tropics of Meta:

Josh Hawley Is Not the First Missouri Senator with Blood on His Hands

Joshua David Hawley is neither the first nor the worst Missouri senator to have inspired mob violence by attempting interference in an out-of-state election. That dishonor squarely belongs to David Rice Atchison, who served two terms in the U.S. Senate, 1843-55. If Hawley needed a “Show-Me State” role model for provoking bloodshed and canceling voters’ rights, he would never have to look beyond Atchison’s odious example.

“Intemperate, profane, and bellicose,” in the words of historian James McPherson, Atchison was the “most outspoken defender of southern rights in the Senate.” He played a role in the Compromise of 1850, which included the despicable Fugitive Slave Act, but that was only a prelude to his true infamy. In 1854, he helped push through the Kansas-Nebraska Act, which repealed a ban on slavery in federal territories that had been in effect since 1820. The next step, as Atchison saw it, was to “extend the institutions of Missouri” – meaning slavery – into the newly organized Kansas territory, “at whatever sacrifice of blood or treasure.”

The settlement of Kansas was highly contested, with Free Soil “emigrants” from the northern states struggling for dominance with pro-slavery Missourians, many of whom were recruited by Atchison. “If we win,” he promised, “we carry slavery to the Pacific Ocean.” New York’s Senator William Seward, later to be Lincoln’s secretary of state, took up the challenge from the Slave Power. “I accept it in behalf of the cause of freedom,” he said. “We will engage in competition for the virgin soil of Kansas, and God give the victory to the side that is stronger in numbers as it is in right.”

It's good to be back....Can President Biden End Indelible Debates Over Immigration?

 

President-elect Biden promised to roll back the Trump administration’s restrictive immigration policies, but shortly thereafter he backtracked over asylum rates in order to avoid winding up with “2 million people on our border.” Sadly, this about-face on one aspect of the immigration debate exemplifies domestic leaders' lack of will to address sensible and comprehensive reform. Historically, those antagonistic to immigration, such as President Donald Trump, focused on the largely baseless immigrant threat. The democrats for their part, more often than not, seem to be sympathetic but in the end only propose stop-gap non-legislative measures that are temporary, such as executive policies that can be easily changed or ended by subsequent presidents. Sadly, President-elect Biden's proposals on immigration do not seem to get the country much closer to address the loggerhead over immigration.

It may be refreshing Biden did not launch his campaign by attacking and scapegoating immigrants by calling them “rapists” and “drug dealers.” And it is in fact useful he admitted that deporting migrants that had not committed any crimes was a “big mistake.” A Biden administration can nonetheless do far more. His administration must have the courage to pass comprehensive immigration reform (CRI).

As things stand now, the question remains how the Biden administration will prioritize competing immigration and national security demands. Such demands include the treatment and priority of asylum-seekers and refugees, the eligibility of deferred action childhood arrivals (DACA), the availability of temporary protective status (TPS), the importance visa applicants, and concerns over border security and organized crime deterrence.