The Faculty Lounge

Interesting Newsweek article on Senator Harris's eligibility. Except It's wrong!

Dean John Eastman recently penned a Newsweek article where he questions Kamala Harris's eligibility to serve as vice president. The good dean compares's the Constitution's Article II requirement of having to be a "natural born" citizen with the 14th Amendment's "persons born in the United States" language. Sadly, the 14th Amendment's "born in the United States" language has not been used to interpret Article II's Natural Born requirement. Further, Article II's requirement, which is not defined elsewhere in the Constitution, is widely understood to mean a person merely needs to be born in the United States in order to become eligible for the presidency and vice-presidency. Senator Harris was born in Oakland, i.e., the now trendy suburb of San Francisco. :)

Further, Dean Eastman also misconstrues the 14th Amendment's "person born in the United States" language. As we have debated previously, he suggests the "subject to" language of the 14th Amendment makes children of undocumented person ineligible to become citizens. According to Dean Johnson, and by extension, such children would be ineligible for citizenship, and thus, the presidency or vice-presidency. 

Finally, Johnson misreads the legislative history and intent of the 14th Amendment. As I have argued previously, the "subject to" language of the 14th Amendment does not make children of the undocumented ineligible to become citizens. The language he cites simply refers to another matter--the eligibility of children of diplomats and indigenous people (a racist and arcane view of the time of the passage of the Amendment).

Dean Johnson, After our first debate, I offered an open invitation  to debate the mater once again? Shall we find a law review for round two? As I hope Dean Johnson would agree, this is a debate more involved than one or more a blog posts. I say we find a locale to fully examine the matter. 

Jim Anaya Stepping Down as Dean of Colorado Law

University of Colorado law dean, James Anaya, has announced that he will step down as dean and join the faculty at the end of the school year, on June 30, 2021.  He will have served one five year term in the position.  The law school will conduct a dean search this year.

Alabama Coach Nick Saban on the Relative Importance of Football and School

As university presidents seriously consider canceling or postponing the 2020 college football season, high-profile coaches have been lobbying to keep playing. Nick Saban, head coach of the Alabama Crimson Tide and probably the most famous coach in the country, put it this way to ESPN:

I want to play, but I want to play for the players' sake, the value they can create for themselves . . . . I know I'll be criticized no matter what I say, that I don't care about player safety. Look, players are a lot safer with us than they are running around at home. We have around a 2% positive ratio on our team since the Fourth of July. It's a lot higher than that in society. We act like these guys can't get this unless they play football. They can get it anywhere, whether they're in a bar or just hanging out.

Let’s just say that Saban is a better coach than he is an epidemiologist. The line of scrimmage brings players in closer contact than “just hanging out,” and repeated impact creates many more aerosols and droplets than even the most crowded bar.

And of course, Saban’s claim to be acting “for the players’ sake” omits his own stake in the season, for which he will be paid more than $8 million. Although Saban’s contract remarkably does not include a force majeure clause – he is evidently also better negotiator than an epidemiologist – he still stands to lose over $1 million in incentives if the season is canceled. His players, of course, are paid nothing. With the exception of a few NFL prospects, most of them receive “value” only in the form of a free education, and that can be delivered without playing any games – so long as the university honors their scholarships.

But of course, Saban does not really appreciate education, as he explained to ESPN:

But our guys aren't going to catch [the virus] on the football field. They're going to catch it on campus. The argument then should probably be, 'We shouldn't be having school.' That's the argument. Why is it, 'We shouldn't be playing football?' Why has that become the argument?

In other words, school and football are at best equivalents in Saban’s value system (although not really). If his “guys” can’t play football, they might as well not go to school. He seems unaware of the possibility that a perfectly good university could exist without a semi-professional football team, and that his players could benefit from, you know, going to classes.

Let me put it this way, coach. A football team without a university would be the minor league NFL. A university without a football team would be MIT (or Oxford, Cambridge, the Sorbonne, or the University of Chicago).

Administration considers ban on U.S. citizens believed to be carrying virus

In a fascinating story today, the Washington Post reported the administration is weighing a proposed ban on  U.S. citizens and legal residents from reentering the country from Mexico, if the citizens or residents are believed to be infected with Covid 19.  Whether the restriction would be an effective way of controlling the pandemic is a matter health experts are debating. A perhaps more relevant issue to readers here would be the legality of such a restriction. A New York Times story on the issue observes, the ban would apply if an official “reasonably believes that the individual either may have been exposed to or is infected with the communicable disease."

In what appears a measured approach, the administration is seeking input from federal agencies on the matter. In the related case of J.B.B.C. v. Wolf, Judge Carl J. Nichols, of the United States District Court for the District of Columbia, asked the government counsel if the administration believed it had the legal right to bar an American citizen from entering in the U.S.  Judge Nichols ultimately ruled against the government in that case,  essentially denying the government’s ability to use public health laws to seal the border. Despite this decision, a president's power over foreign affairs, especially in the midst of a national health emergency, puts that broad power squarely against the rights of U.S. citizens abroad. In truth, this is an issue even this con law fan believes merits further research. What do you think?

Leon Trotsky in English

I believe this is the only known film of Leon Trotsky speaking English:

It was evidently made in 1937 from Trotsky's refuge in Mexico, where he lived with Diego Rivera and Frida Kahlo. He is announcing the formation of an international commission, chaired by John Dewey, to investigate Stalin's show trials (including the accusations against Trotsky himself).

 

The International Sweethearts of Rhythm [UPDATED]

Helen Jones Wood (1923-2020), who died last month of Covid-19, was a trombonist with The International Sweethearts of Rhythm, an all-female big band that toured the country in the 1930s and 1940s. The band was "international" because its mostly African American members also included white, Hispanic, Asian, and Native American musicians. Integrated bands were not able to tour the South in those days, leading some of the white musicians to appear in blackface. The International Sweethearts of Rhythm reached the height of popularity during WWII, appearing on bills with Dizzy Gillespie, Billie Holiday, and Ella Fitzgerald. The band also made a series of short music videos called "soundies" that were played in movie theaters and in night clubs.

Howard Law Is Hiring

HOWARD UNIVERSITY SCHOOL OF LAW invites applications from entry-level and lateral candidates for one tenure-track or tenured faculty position to begin in the fall of 2021. We welcome applications from outstanding candidates, especially those with a demonstrated background or interest in one or more of the following areas (in alphabetical order): constitutional law, contracts, corporate law, intellectual property, professional responsibility, taxation, and transnational investment law. Candidates must have a J.D. from an accredited law school, distinguished academic credentials, and either great promise or a record of excellence in both scholarship and teaching. Applicants should also be prepared to spend significant contact hours with students. Interested persons should send a cover letter, curriculum vitae, research agenda, references, and subject area preferences to Professor Keeva Terry, Chair of the Initial Appointments Subcommittee, at kterry@law.howard.edu, and to Ms. Donnice Butler, Director of Faculty Services, at donnice.butler@law.howard.edu. Howard University School of Law is committed to a diverse faculty, staff, and student body. We encourage applications from people of color, women, persons with disabilities, and others whose background, experience, and viewpoints would contribute to the diversity of our institution. Candidates are encouraged to apply early.

Hiring Announcement: University of Arkansas - Fayetteville

From an email message that I received earlier this week:

The University of Arkansas School of Law is looking to fill three entry-level or lateral tenure-track positions. Areas of particular interest include constitutional law, civil liberties, 1983, civil procedure, federal courts, legislation, professional responsibility, business organizations, corporate compliance, payments systems, and intellectual property. In addition to teaching, other duties will include scholarly research and service activities for the law school. Minimum qualifications include a JD degree or international law degree, distinguished academic record, and scholarly promise. 

The University of Arkansas-Fayetteville, located in the northwest corner of the state, is the flagship campus of the University of Arkansas. U.S. News & World Report has consistently ranked the city of Fayetteville as one of the “top five” places to live in America. The region is welcoming, forward-thinking, and full of opportunities for outdoor recreation. The University of Arkansas School of Law is committed to attracting a diverse workforce and is proud to be an equal opportunity, affirmative action institution. We welcome applications without regard to age, race/color, gender, pregnancy, national origin, disability, religion, marital or parental status, protected veteran status, military service, genetic information, sexual orientation or gender identity. Persons must have proof of legal authority to work in the United States on the first day of employment. All applicant information is subject to public disclosure under the Arkansas Freedom of Information Act. Questions should be directed to Steve Clowney, Chair of the Faculty Appointments Committee, at sclowney@uark.edu.

President Trump's latest Interview highlight fears over mail-in voting

In his latest interview on Axios for HBO, President Trump made a host of  politically charged and controversial statements concerning mail-in voting, and how it will undermine the integrity of the upcoming election. Some view these claims as nothing more than a ploy to delay the upcoming election, or  made to provide him with a basis to reject the results of the election. Perhaps election law,  constitutional law, or historians here could opine on mail-in voting, and the likelihood the upcoming election will be flawed. Empirical data as well as the history of mail-in voting strongly suggest it does not increase chances of fraud. Your views? 

https://www.axios.com/full-axios-hbo-interview-donald-trump-cd5a67e1-6ba1-46c8-bb3d-8717ab9f3cc5.html

 

Rene Knake in the New York Times

Renee Knake, who has blogged here about her new book Shortlisted: Women in the Shadows of the Supreme Court, was recently married to Wallace Jefferson, and their wedding was featured in the Vows section of the New York Times under the title "Their Very Own Loving Story." 

Coincidentally, Mr. Jefferson and Ms. Knake, who both had not dated outside their race before, share birthdays with Mildred Loving and Richard Loving. In 1967, the Lovings effectively challenged interracial marriage laws in the United States forever, resulting in the legalization of interracial marriage. It is because of their legacy that Mr. Jefferson and Ms. Knake walked down the aisle on July 4 to legally recognize their union.

You can read the entire piece here.

Hiring Announcement: Director of the Middleton Center for Children's Rights Clinic

POSITION ANNOUNCEMENT - DIRECTOR OF THE MIDDLETON CENTER FOR CHILDREN’S RIGHTS CLINIC AND ASSISTANT/ASSOCIATE/PROFESSOR OF LAW

DRAKE UNIVERSITY LAW SCHOOL invites applicants for the position of clinical faculty and Director of the Joan and Lyle Middleton Center for Children’s Rights. The position may begin as early as July 2021 and will be a twelve-month position. The faculty position will be annual or long-term contract or tenure-track, depending on the candidate’s qualifications and preferences.

The Middleton Center for Children’s Rights works to advance children's rights and improve the child welfare system.  The Center has played an important role in improving the quality of representation of children and parents, which has been made possible through close working relationships with the juvenile courts and community partners. At the core of the Center’s activities is the Children’s Rights Clinic, which provides an opportunity for students interested in juvenile law to engage in direct representation of children under the supervision of the clinical faculty member. In addition, the Center through its faculty and students, engages in children’s rights advocacy projects, including providing trainings to relevant stakeholders, disseminating information on best practices in children’s representation, and identifying, drafting, and advocating for progressive children’s rights legislation.   

The Director’s duties include case selection and clinic design, supervising direct representation and assessing Clinic students, teaching a weekly skills development seminar for Clinic students, engaging in community education, and directing system reform efforts. There may also be opportunities to teach non-clinical courses and engage in scholarship.

Hiring Announcement: Drake Law School (Entry Level and Lateral)

POSITION ANNOUNCEMENT – ASSISTANT/ASSOCIATE/PROFESSOR OF LAW

Drake University Law School invites applications from entry level and lateral candidates for a tenure-track or tenured Assistant/Associate/Professor of Law position beginning in the 2021-22 academic year.  We are especially interested in candidates with demonstrated interest or experience in Contracts, Sales, Tax, Intellectual Property, and Family Law. Applicants must hold a J.D. degree (or the equivalent) and should have a record of academic excellence, substantial academic or practice experience, and a passion for teaching. Appointment rank will be determined commensurate with the candidate’s qualifications and experience.

Drake University Law School sustains a vibrant intellectual culture, and Des Moines has been recognized as the Best Place to Live (US News), the Best Place for Young Professionals (Forbes), and as the #1 Best U.S. City for Business (MarketWatch). The Law School features innovative and nationally recognized programs in agricultural law, constitutional law, legal research and writing, and practical training.

Drake University is an equal opportunity employer and actively seeks applicants who reflect the nation’s diversity.  No applicant shall be discriminated against on the basis of race, color, national origin, creed, religion, age, disability, sex, gender identity, sexual orientation, genetic information or veteran status. Diversity is one of Drake’s core values and applicants need to demonstrate an ability to work with individuals and groups of diverse socioeconomic, cultural, sexual orientation, disability, and/or ethnic backgrounds.

Confidential review of applications will begin immediately. Applications (including a letter of interest, a complete CV, teaching evaluations (if available), a diversity statement, and the names and addresses of at least three references) should be sent to Professor Ellen Yee, Chair, Faculty Appointments Committee, Drake University Law School, 2507 University Ave., Des Moines, IA 50311 or e-mail: ellen.yee@drake.edu

Hiring Announcement: Drake Law School (Technology Law)

POSITION ANNOUNCEMENT – ASSISTANT/ASSOCIATE PROFESSOR OF LAW

 

Drake University invites applications from entry level and lateral candidates for a tenure-track Assistant/Associate Professor of Law position beginning in the 2021-22 academic year.  We are interested in candidates with demonstrated interest or experience in Technology Law. Applicants must hold a J.D. degree (or the equivalent) and should have a record of academic excellence, substantial academic or practice experience, and a passion for teaching. Appointment rank will be determined commensurate with the candidate’s qualifications and experience.

In addition to service and scholarship, this position involves teaching courses such as Legal/Ethical Issues in Technology, Technology Law, Privacy Law, and related areas in both the Law School and the College of Arts & Sciences as well as advising law and undergraduate students and serving as a University resource on technology legal issues.

Judge Esther Salas

 

Beto Juárez Named Dean of Nova Southeastern Law

Nova Southeastern University announced that its new law school dean will be José Roberto Juárez. He is currently on the faculty of the University of Denver law school where he served as dean from 2006 to 2009. Juárez, who holds a JD from the University of Texas, starts the new position this week.