The Faculty Lounge

Trouble in Mind

"Trouble in Mind" was written in the early 1920s by the New Orleans (and later Chicago) jazz pianist Richard M. Jones.  Jones played with some of the best known musicians of his era, including King Oliver and Papa Celestine, but he was probably most important as the producer of so-called "race music" for Okeh Records. His 1924 recording of "Trouble in Mind" with vocalist Thelma LaVizzo, was followed in 1926 by Bertha Hill accompanied by Louis Armstrong, both at the bottom of this post. The Hill/Armstrong version slightly changed the melody, and it has been the model for the blues standard ever since. (More than the usual number of audio-only tracks in this post, because many of the greatest artists did not make videos of this song.)

 

Jack Weinstein (1921-2021)

This news for Columbia Law School is that Jack Weinstein has died. He was 99.  He was a federal judge district court (Eastern New York) appointed by President Lyndon B.  Johnson before that professor at Columbia Law School.

Bluhm Legal Clinic Fundraising Challenge

Today is Northwestern's Bluhm Legal Clinic annual Fundraising Challenge. Thanks to a generous challenge gift from our alumna Meredith Bluhm-Wolf (JD ’95), the Clinic will receive an extra $50,000 if 150 donors to make gifts -- of any size -- on June 16.  Here is a link to the donation page.

As many readers know, the Northwestern University Pritzker School of Law has been a leader in clinical legal education, dating back to the early Twentieth Century. The Bluhm Legal Clinic recently celebrated its 50th anniversary. Today's Clinic represents clients in cases ranging from wrongful convictions to predatory mortgage lending. Other projects include the Investor Protection Center, the International Human Rights Center, the Entrepreneurship Law Center, and the Environmental Advocacy Center.

The $50,000 challenge can be met by 150 gifts in any amount. Please consider making a small donation (or a larger one) to support the Bluhm Legal Clinic's continuing work to protect clients while educating the next generation of determined attorneys.

"How Academic Freedom Can Be Used to Silence Others"

The Dispatch has posted my new essay on the declaration of solidarity with the Palestinian Feminist Collective recently issued by the women and gender studies departments at over 130 North American universities, condemning Israel and calling for a Palestinian "right of return." I defend the right of academic departments to make such statements, while pointing out that departmental declarations -- as distinct from individual or group statements -- may nonetheless chill the free expression of dissident faculty members and students.

Here is the gist:

What is the purpose of issuing such a coordinated statement other than to announce an intellectual orthodoxy? What does solidarity mean, after all, other than unified determination to achieve a common goal? 

One may either agree or disagree with the objectives of the solidarity statement—and accept or deny an academic department’s right to make such a pronouncement—while nonetheless recognizing that it is meant to be a form of line-drawing. Its clear intention is to separate those who have joined in Palestinian solidarity from others who may believe that the conflict is “too ‘controversial and complex’ to assess,” or who reject the characterization of Israel as a “settler colonial” state. It is no surprise, therefore, that the statement was celebrated on the website of the Palestinian Campaign for the Academic and Cultural Boycott of Israel.

In fact, the continent-wide commitment to “center global social justice”—defined as opposing the “military, economic, media, and global power” of Israel—“in our intersectional teaching, scholarship, and organizing” leaves scant room for political disagreement within the signatory departments. (Nor should it escape notice that the so-called “media and global power” of Israel treads perilously close to a classic anti-Jewish trope.)

You can read the entire essay here.

 

In the Heights and Grand Memories of the Grand Concourse and Other Stomping Grounds.

 

I was so excited this morning because I was finally going to watch, In the Heights (HBO). It's a musical with music and lyrics by Lin-Manuel Miranda and based on the book by Quiara Alegria Hudes. Admittedly, I am a huge fan of Lin Manuel Miranda (a fellow Boricua), so I am far from unbiased. Despite my excitement, I was stunned because the film immediately filled my eyes with tears and soon thereafter the teardrops rolled down my face. Yes, Caribbean people have no reservation with embracing emotions, a character-trait I still struggle with in the Anglo-world of U.S. legal academia.   

Indeed, the first stanza hit me like a rock. It was so genuine and true to my Caribbean experience in NYC---I was simply stunned. I lived the story of the young lead, Nina, who went away for college, Stanford in her case, only to return home with cultural, academic, and economic reservations. I recall my own father, a hardworking immigrant who never asked anything from anyone his entire life, and who was so honest, he signed away his retirement when the company he worked for faced economic troubles due to mismanagement; hoping it would recover--it never did. The day my father and I arrived at my college's bursar's office, I witnessed him put down his life's savings so I could attend one semester at a private university. When the official mentioned the tuition amount, a number I could not believe was for one semester, I promised myself at 17-years-old, he would never have to do that again. He paid the tuition without pause or reservation, but I knew the amount was shocking and it had to hurt. I earned scholarships, worked more than one job, and even hustled--but never another cent.

Much like Nina in the film, when I moved away I carried with me the beautiful dreams so many family members and neighbors held, it weighed heavy on me--but one learns to get by. After not fully embracing the private school life--with so-called parties where no one danced and everyone was drunk, where the music was largely terrible and could not be danced to, where fun seemed to be watching and avoiding college wrestlers getting drunk and picking fight with larger football players--just too weird for me.  I eventually transferred from the snooty place--I was the only student of color not on an affirmative action scholarship which actually made be more isolated, and I was on the school's football team that had no Latinos and only one or two blacks (who were older and stars; I was a walk-on that had to "dress" in a basement--a football right of passage)--But I quickly learned I loved the wrong sport; those Gringos were giants--I should have tried baseball (sadly, I couldn't see, let alone hit, a curveball). I eventually transferred back to the city--Lehman College in the Bronx to be exact--where parties had music and everyone danced. Loved being around my people. Loved my city-life. 

The film made me remember the many good people I met along the way; so many abuelitas, including "Jenny," my mom's hang out buddy--she helped raise me. And when anything was ugly or I needed a babysitter, my mom or I could always call on Jenny. The film also made me recall so many other cool people, so many beautiful honest and hardworking people. I also was a bit sad thinking of so many contemporaries that were brighter, more athletic, and overall, more talented than me--of a 25 storey project with roughly 18 apartments on each floor, only one contemporary went to college. Contemporaries were more likely to do time in jail or die during the Crack era epidemic (later learning of our government's involvement in the plague only angers me) than obtain higher education. 

 

In The Heights, speaks with a genuineness and authenticity that is likely to bring up emotions for so many that have lived the immigrant's story. What I love is that this story is about Latinas and Latinos created by a Latino and a Latina. Much like my own research interests when I entered the academy, wanting to write about U.S. colonial relations, and the only English language book written at the time was by an Anglo who wrote in a largely condescending tone. Indeed, when I examined the index of Defining Status and searched the term racism, the only reference was of island people being racist against their own---it was far from my understanding of the settler-citizen phenomenon. I knew I had to provide my own exhaustive, but far from dispassionate analysis of U.S. colonialism.    

 

In the end, if you live or lived the Latina or Latino immigrant experience, check out In The Heights--me, I could not even get my Gringo sons to finish viewing it, though my Bella is watching it for a second time now (she is admittedly annoyed). And for those of us that are immigrant rights advocates, In The Heights, in a variety of ways reminds us to be "Presente" and become voices for the voiceless, especially Dreamers. Yes, my fellow Boricuas killed it with In The Heights. Asi es! Wepa!

Gunhild Carling

More on Miami Law's Dean Firing Fiasco....

Just heard from a source: a faculty committee at Miami is hurriedly soliciting internal and external candidates from faculty contacts for a one or two year interim dean position. One of the candidates approached told me that would be akin to crossing a picket line and academia is no more sacred a place than a field of grapes--either way it didn't feel right to that candidate. Sadly, given the nature of our profession, the ambition many of us possess, and how rare these lucrative these jobs can be, I suspect UM will get a fair number of both internal and external candidates. 

My question is whether this effort will be yet another UM fumble, or merely the powerful prevailing:

 

Hiring Announcement: The Ohio State University Moritz College of Law

From an email message that I received earlier this week:

The Ohio State University Moritz College of Law invites applications for the position of Assistant Dean for Career Development. The job posting is available here:  Assistant Dean for Career Development.

Taxing the Rich

One reason to read the Washington Post is its good array of conservative columnists. Unlike the Wall Street Journal, where the editorial page is overwhelmingly devoted to conservative voices, or the New York Times, where the columnists and guest essays are mostly -- although not entirely -- liberal, the Post regularly provides conservative or right-leaning views for those who are interested in reading about all sides of an issue. I look forward to reading George F. Will, Max Boot, Marc Thiessen, Ruben Navarrette, Kathleen Parker, Michael Gerson, and Megan McArdle.

McArdle's column today was especially interesting because it responded to the recent revelation by ProPublica that a bunch of American billionaires have paid almost nothing in taxes -- and in some cases, actually nothing -- compared to their rapidly accumulating wealth. This information, evidently documented by filched tax returns, has renewed calls by Democrats, and some Republicans, to reform the tax code so as to raise effective rates on the super-wealthy.

McArdle disagrees, pointing out that the current Internal Revenue Code does not tax anyone's unrealized gains, which is the reason that the .001% can avoid taxation of their extensive wealth. In a column headlined "Think Twice before Changing the Tax Rules to Soak Billionaires," she writes, 

ProPublica’s formulation makes it sound like a loophole. In fact, that’s how everyone’s taxes work: Ordinary Americans don’t pay income tax every time our stock portfolios go up or our homes appreciate a bit. We pay the tax when we sell. Why should American billionaires be different?

And,

[J]ust because the value of your house jumped in a hot market doesn’t mean you have enough cash to pay taxes on that appreciation.

I don't know where McArdle lives, or whether she is a renter or home owner, but in fact most people do pay additional tax when their houses appreciate. It's called property or real estate tax, levied by most municipalities, school districts, and other local governments. In Illinois, homes are reassessed every three years, with taxes going up as the market rises.  Although federal capital gains tax is not paid until there is a sale (subject to a $500,000 exclusion, which protects most middle class taxpayers), real estate taxes are paid annually (or semi-annually, as in Illinois).

There may be logistical reasons not to levy a federal wealth tax, but it is just wrong to say that we do not pay taxes on appreciating home values. We do. But Elon Musk, Mike Bloomberg, Jeff Bezos, Bill Gates, Warren Buffet, and few dozen others pay no annual taxes on their huge portfolios. McArdle does a good job of explaining how that works, but that does not make it fair.

The University of Iowa College of Law Faculty Hiring Announcement

The University of Iowa College of Law anticipates hiring multiple entry-level or lateral faculty members in areas including tax, constitutional law, and a variety of other specialties.

QUALIFICATIONS: Consistent with the mission and responsibilities of a top-tier public research university, we are interested in candidates who are (or have the potential to become) recognized scholars and teachers and who will participate actively in the intellectual life of the College of Law.  In addition, we desire candidates with a demonstrated ability to maintain effective and respectful working relationships with the campus community to uphold a standard of cultural competency and respect for differences consistent with the College of Law’s commitments to diversity, equity, and inclusion. (For more on the College’s DEI commitments, see Diversity, Equity & Inclusion | College of Law - The University of Iowa (uiowa.edu).)

APPLICATION PROCEDURE: Candidates should apply either through the AALS Faculty Recruitment Services or by submitting a letter of interest, CV, a list of three references, and a law school transcript through Jobs@UIOWA, https://jobs.uiowa.edu (refer to Requisition # 74182).  When submitting their application materials, we invite candidates to draw attention to their particular strengths with respect to all of the qualifications we are seeking.

ABOUT UIOWA: Iowa Law provides the ideal setting for professional growth as a law teacher and legal scholar. As a small school within a Big Ten university, we offer an environment that values community and civility, maximizes collaboration, and encourages exploration across legal fields. As a result, Iowa Law produces graduates who are grounded, collegial, and effective leaders. Iowa Law students learn how to work together and communicate clearly with one another—crucial skills in the legal profession. And as part of a world-class research university, our students and faculty can partner with experts across campus in fields as varied as engineering, the liberal arts, health care, and more—a significant advantage in preparing for legal issues that cross fields of expertise and global borders.

The University of Iowa is a comprehensive public research university known for excellence in research, teaching, and engagement at all levels. A member of the Association of American Universities since 1909 and the Big Ten Conference since 1899, the University of Iowa is home to one of the most acclaimed academic medical centers in the country and is a global leader in the study and craft of writing. Iowa is known for excellence in both the arts and sciences, offering world-class undergraduate, graduate, and professional academic programs in a wide variety of fields. Importantly, the University of Iowa is committed to recruiting and retaining the most talented and diverse faculty and staff, which involves providing opportunities for employees to “Build a Career | Build a Life.” For more information about local work/life resources, including dual-career support, please see: https://worklife.uiowa.edu.

The University of Iowa is an equal opportunity/affirmative action employer. All qualified applicants are encouraged to apply and will receive consideration for employment free from discrimination on the basis of race, creed, color, national origin, age, sex, pregnancy, sexual orientation, gender identity, genetic information, religion, associational preference, status as a qualified individual with a disability, or status as a protected veteran.

ABOUT IOWA CITY: Founded in 1847, the University of Iowa is located alongside the picturesque Iowa River in Iowa City. The town has a rare combination of urban, metropolitan offerings and affordable, tree-lined neighborhoods. You will find people here who are genuinely interested in each other and their community. Iowa City routinely receives top rankings in multiple categories: one of the best small metropolitan areas for doing business; one of the best cities in America for singles; and one of the top smart places to live. In Iowa City there is always something to do. The city is home to numerous Big Ten sporting events. Known for renowned authors and up-and-comers from all over the globe, UNESCO has designated Iowa City a “City of Literature”—one of only seven in the world. And of course, Iowa City is a site of presidential politics; various points around town are regular stops for candidates during the Iowa Caucuses. For more information about Iowa City, visit Think Iowa City: https://www.thinkiowacity.com. 

For questions, please contact Faculty Appointments Committee at: LawMail-FAC@iowa.uiowa.edu.

Full-Line Up Announced for U.S. Feminist Judgments Summer Feminist Legal Theory Series

The 2021 Summer Feminist Legal Theory Series kicked off one week ago with a panel discussion chaired by Martha Fineman (Emory), "Reflections on the History and Beginnings of Feminist Legal Theory."

The final line-up of speakers for the remainder of the summer has now been announced:

Wednesday, June 16: Simultaneous “Half Baked Ideas” Sessions

Room 1 Speakers:

• Naomi Cahn (Virginia)
• Greer Donley (Pitt) & Jill Wieber Lens (Arkansas)

Room 2 Speakers:

• Hannah Haksgaard (South Dakota)
• Elizabeth Katz (Wash U St. Louis)

Room 3 Speakers:

• Charisa Smith (CUNY)
• Natalie Nanasi (SMU)

Room 4 Speakers:

• Lucy Jewel (Tennessee)
• Suzanne Lenon (Lethbridge)

Room 5 Speakers:

• Ana Maria Jerca (York)
• Cathren Page (Mercer)

Room 6 Speakers:

• Margaret Ryznar (Indiana-Indianapolis)
• Cornelia Weiss (Independent)

Room 7 Speakers:

• Andrea S. Anderson (York)
• Fabrizia Pessoa Serafim (Emory)

Room 8 Speakers:

• Ederlina Co (Pacific McGeorge)
• Rachel Rebouché (Temple)

Wednesday, June 30: Junior Scholar Paper Presentation

Presenter: Laura Lane-Steele (Tulane), Adjudicating Identity

Commentator: Noa Ben-Asher (Pace)

Wednesday, July 7: Junior Scholar Paper Presentation

Presenter: Tugce Elliati-Kose (Trent), Inherently Traumatic, Invariably Victimizing: The Legal Construction of Subject Positions for Survivors of Sexual Violence

Commentator: Nancy Chi Cantalupo (Wayne State)

Wednesday, July 21: Junior Scholar Paper Presentation

Presenter: Cristina Tilley (Iowa), The First Amendment and the Second Sex

Commentator: Shaakirrah Sanders (Idaho)

Wednesday, August 4: Reflections on the Present and Future of Feminist Legal Theory (panel discussion)

Chair and Moderator: Bridget Crawford (Pace)

Speakers:

• Patricia Cain (Santa Cruz)
• Lolita Buckner Inniss (Colorado)
• Sital Kalantry (Seattle)
• Teri McMurtry-Chubb (Univ. Illinois Chicago)
• Kathy Stanchi (UNLV)

More details after the fold.

CFP: Law vs. Antisemitism

This just in:

CALL FOR PAPERS

DEADLINE: August 1, 2021

Indiana University McKinney School of Law and Indiana Journal of Law and Social Equality (IU Maurer School of Law) present “Law vs. Antisemitism”, March 13-14, 2022.

This hybrid conference is to be held on campus and virtually at IU McKinney School of Law, Indianapolis, Indiana

Antisemitism has been called “the oldest hatred.” In the United States, as elsewhere, the law has been used both to perpetrate and to combat antisemitism, historically and today. Different aspects and instrumentalities of law, and specifically U.S. law, have been used to fight antisemitism, including the Constitutional separation of church and state, enshrined in the First Amendment to the United States Constitution; laws against discrimination in employment, housing, and other settings, that explicitly identify religious and ethnic groups as entitled to protection from discrimination; and “hate crimes” laws and sentencing enhancements applied to anti-Jewish violence. Despite these laws, however, there has been a recent resurgence in anti-Jewish violence and antisemitism more generally, ranging from online hate speech to cemetery desecration to the “Tree of Life” synagogue shooting in 2018. Does this mean the law has failed? Do we need new or different laws? Is there reason for doubt or skepticism about the efficacy of law in combating antisemitism?

At the same time, obstacles posed by antisemitism, while serious at times, have not kept Jews from entering American law and legal institutions. Despite a history of antisemitism in the legal profession and legal education, many Jews have found success as lawyers, law professors, and judges. Other Jews, both secular and religious, have looked to Jewish tradition to ground their
involvement in 20th and 21st-century civil rights and economic justice movements, including challenging and defying what they believed to be unjust laws. Yet Jews encounter antisemitism on the left as well.