The Faculty Lounge

Alex Jones’s Well-Deserved Reckoning

My new essay at The Hill explains the details of Alex Jones’s recent comeuppance in a Texas trial court, when two years of his cell phone texts and other records were mistakenly disclosed to the plaintiffs’ lawyer in a Sandy Hook libel case. 

Here is the gist:

Alex Jones’s well-deserved reckoning

by Steven Lubet, Opinion Contributor - 08/10/22 8:00 AM ET

Many states, including Texas, have therefore enacted “claw-back” or “snap-back” provisions, allowing attorneys to require the destruction or deletion of inadvertently disclosed materials. Texas law gives sending lawyers 10 days to act, beginning when they discover the mistake, but it applies only to legally privileged documents and communications.

Bankston was holding a bonanza of potentially compromising information, but he needed to make sure the 10-day clock was running. He immediately wrote to Reynal, informing him that the disclosure seemed “to contain a lot of confidential information,” adding, “my assumption is that you did not intend to send us this. Let me know if I am correct.”

In a foolish economy of words, Reynal tersely replied, “Please disregard the link and I will work on resending.”

Several states have an additional ethics rule, requiring the receiving lawyer to abide by the sender’s instructions. Many others follow the American Bar Association’s Model Rule of Professional Conduct 4.4(b), requiring notice to the sender, with a comment suggesting that a receiving lawyer may “voluntarily return such a document or delete electronically stored information.”

Texas, however, has no ethics rule at all covering the receipt of inadvertently disclosed material. Bankston had no duty even to inform Reynal of his mistake – though he wisely chose to trigger the 10-day clock – and no obligation to “disregard” Jones’s cell phone data once the grace period expired.

Jones began sweating when Bankston informed him that his text messages had been given to plaintiffs’ counsel, and his defense lawyer “did not take any steps to identify it as privileged or protect it in any way,” pointedly adding, “And that is how I know you lied to me when you said you didn’t have text messages about Sandy Hook.”

It will be exquisite poetic justice if the nation’s foremost pusher of bogus conspiracies ends up exposing a real conspiracy to subvert the 2020 presidential election. And more ironic still because Texas’s loose legal ethics rules made it possible.

Jones had already been defaulted on liability, so the trial was limited to compensatory and punitive damages. You can read about that and other details, including the devastating cross examination, in the entire essay at The Hill.

University of Richmond School of Law Seeks Tenure-Track Faculty

This just in:

The University of Richmond School of Law seeks scholars who are passionate about their teaching and research, who will thrive in an environment of engaged faculty, and who view the success of their students and colleagues as their own success.  This year we have openings for two entry-level tenure-track professors, and we are especially looking for expertise in federal courts and in criminal procedure (particularly the adjudicative side).  If you have questions, feel free to email us at lawfacultyapp@richmond.edu.

The University of Richmond, an equal opportunity employer, is committed to developing a diverse workforce and student body and to modeling an inclusive campus community that values the expression of difference in ways that promote excellence in teaching, learning, personal development, and institutional success.  We strongly encourage applications that are in keeping with this commitment.

Missouri Law Seeks Endowed Chair and Tenure-Track Faculty

This just in:

The University of Missouri School of Law invites applications and nominations for an endowed professorship: the Floyd R. Gibson Missouri Endowed Professorship. We are seeking candidates with a national reputation for distinguished scholarship and a record of excellence in teaching. A J.D. or Ph.D. in a related field is required. The search committee will welcome applications of scholars in any field of law.

The University of Missouri-Columbia is the flagship campus of the University of Missouri system and is one of only 33 public universities in the country belonging to the Association of American Universities, a group of elite research universities. As both a research and land grant university, we have extraordinary opportunities for interdisciplinary interaction. In addition, Columbia is regularly ranked as one of the most livable cities in the country.

Application Procedure: Review of applications will begin immediately and continue until the position is filled. To apply, please submit a cover letter, CV, and references for job ID 42895 at https://hr.missouri.edu/job-openings. Inquiries should be directed to Associate Dean Sandra Sperino at sandra.sperino@missouri.edu or 573-882-1799.

Additional information about the School of Law is available at www.law.missouri.edu. The University of Missouri embraces diversity and is an equal opportunity/ADA institution. It welcomes applications from and nominations of persons who would add to the diversity of our academic community. To request ADA accommodations, please call the Disability Inclusion and ADA Compliance Manager at 573-884-7278.

 

Hiring Announcement: Arizona State University, Sandra Day O'Connor College of Law

From an email message that I recently received:

Associate Professor or Professor of Law

The Sandra Day O’Connor College of Law invites applications for up to two faculty positions. We seek candidates who will teach in the first-year curriculum, and provide coverage for a wide range of upper-level courses that may include but are not limited to: family law, administrative law, health law, business courses, and advanced criminal and constitutional law. Both entry-level and lateral candidates will be considered. Details and application information are at the following link: https://apply.interfolio.com/111322

Associate Professor or Professor of Law: Race & the Law 

The Sandra Day O’Connor College of Law invites applications for a faculty position in the area of Race & the Law. The successful candidate will also be able to offer a class in our first-year curriculum. We consider both entry-level and lateral candidates. Details and application information are at the following link: https://apply.interfolio.com/111323

 

University of Illinois College of Law Seeks First Amendment Clinician

This just in:

The University of Illinois is an Equal Opportunity, Affirmative Action employer that recruits and hires qualified candidates without regard to race, color, religion, sex, sexual orientation, gender identity, age, national origin, disability or veteran status. For more information, visit http://go.illinois.edu/EEO. 

The University of Illinois College of Law seeks a dynamic and accomplished legal practitioner to develop and direct a new clinic in First Amendment law. The clinic, supported by a generous grant from the Stanton Foundation, will focus on rights of speech, press, and assembly, and involve direct representation of parties in litigation. Responsibilities will include leadership of the clinic, management of the clinic's caseload, supervision of students and a clinical fellow, and delivery of relevant course instruction. Applicants must have a J.D., be licensed in Illinois within one year of hire, have substantial experience as a practicing lawyer, and have experience or a strong interest in teaching, mentoring and supervising law students. The University of Illinois Urbana-Champaign is home to a distinguished and collegial national law school, founded in 1897 and situated within a premier research university that affords unrivaled opportunities for cutting-edge legal scholarship, innovative interdisciplinary work and extensive professional involvement with the dynamic and diversified Chicago legal community. Urbana-Champaign is a vibrant college-town community located about two hours south of Chicago and known for its "micro-urban" cultural amenities as well as for its exceptionally convenient quality of life. Depending on experience, the director will be hired on the College's clinical faculty track as a Clinical Assistant Professor, Clinical Associate Professor, or Clinical Professor. The position is full time and, like other clinical-faculty-track positions, can lead to a presumptively renewable multi-year appointment. The College is also willing to consider lateral applications from tenured or tenure-track doctrinal faculty members at other schools interested in joining the College in a capacity that includes directing the new clinic. So as to ensure the clinic is up and running by the fall of 2023, the director should be available to start as early in 2023 as possible but in no event later than July 3, 2023. The University of Illinois offers an outstanding and comprehensive benefit package. Salary is commensurate with experience.

 

FSU Law Seeks Tenure/Tenure-Track Faculty and Chair in Public Law

This just in:

Florida State University College of Law is looking to fill multiple full-time, tenured or tenure-track positions to begin in August 2023. Entry-level and lateral candidates with a demonstrated commitment to scholarship, teaching, and service are encouraged to apply.

We are open to candidates in all academic areas, although environmental law, constitutional law and business law are a plus. We also strongly encourage candidates with diverse backgrounds and viewpoints to apply. We will be reviewing the FAR, but individual expressions of interest are welcome (from entry-levels or laterals).

We are also looking to fill two Chairs. One opening is the Tobias Simon Chair in Public Law. Candidates must have a distinguished publication record in a public law field, including, but not limited to, civil rights and civil liberties, international law, and public policy. The other opening is the D’Alemberte Chair. Candidates for this position must have a distinguished record in constitutional law with a focus on the first amendment.

Applications or questions may be sent to Professor Jeffrey Kahn, Appointments Committee Chair, at jkahn@law.fsu.edu.

An Equal Opportunity/Access/Affirmative Action/Pro Disabled & Veteran Employer.

FSU’s Equal Opportunity Statement can be viewed at: http://www.hr.fsu.edu/PDF/Publications/diversity/EEO_Statement.pdf

Richard Zitrin's "Trial Lawyer: A Life Representing People against Power"

Richard Zitrin has written a great book about his life as a trial lawyer. He let me read an advance copy, which I enthusiastically blurbed:

"Richard Zitrin's book should be read by every lawyer, everyone who wants to be a lawyer, and anybody who wants to understand why lawyers do what they do."

Erwin Chemerinsky was just as positive and even more expressive:

"Richard Zitrin is a great storyteller, and this book is filled with wonderful accounts of many of the fascinating cases that he has handled as a lawyer. At the same time, Zitrin is raising profoundly important questions about the ethical duties of a lawyer and how to achieve justice. Zitrin gives a real sense of what it is to litigate cases, but also what it means to practice law with passion and compassion."

There will be a discussion of the book on Thursday, August 11, featuring Richard and Chesa Boudin (former SF DA), Frank Wu (President, Queens College CUNY), and Larae Dixon Moore (felony trial lawyer in Georgia).

You can see it live at 5:00 pm PDT/8:00 pm EDT (and you can figure out the MDT and CDT times) at Facebook.com/politicalanimalpress/live

Richard and I both worked on the San Quentin Six case, although not at the same time. Here is what defendant Johnny Spain had to say about him:

"I don't think I can adequately describe how absorbed I was in reading what Richard wrote. Richard put into words not only what was happening and what we did, but more importantly provided a real living context that seems to be disappearing in everyday life."

Tennessee Law Seeks Tenure/Tenure-Track Faculty

This just in:

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.

Duquesne Law Seeks Tenure/Tenure-Track Faculty

This just in:

DUQUESNE UNIVERISTY SCHOOL OF LAW in Pittsburgh, PA, is seeking to hire several full-time tenured/tenure-track faculty positions to begin in the 2023-2024 academic year. We welcome applications from candidates across all areas of law, although subject areas of particular interest include: Property, Contracts, Torts, and Business Associations. Other areas of interest include: Professional Responsibility, Emerging Technologies, Intellectual Property, Health Law, and related elective course. Candidates must be available to teach in-person, although the public health situation may require occasional remote and/or hyflex teaching.

Required qualifications are a Juris Doctor from an ABA-accredited law school and superior academic credentials. Successful lateral candidates should ideally have demonstrated a commitment to excellence in teaching, scholarship, and service throughout their careers. Successful entry-level candidates should ideally demonstrate a strong potential for excellence in teaching, scholarship, and service. Prior teaching experience and/or clerking experience preferred but not required. Practice experience may provide evidence of potential for teaching excellence. Alternatively, the successful candidate may possess any equivalent combination of experience and training, which provides the knowledge, skills, and abilities to perform the essential job functions. This includes, but is not limited to the following: Commitment to the University's values of diversity, equity and inclusion, and recognition of the importance of treating each individual with dignity and respect consistent with the University's mission. Demonstrated experience with, and understanding of, the broad diversity of the University community (students, faculty, staff and others). Ability to establish and maintain effective working relationships with the University Community. Ability and willingness to contribute actively to the mission of the University and to respect the Spiritan Catholic identity of Duquesne University. The mission is implemented through a commitment to academic excellence, a spirit of service, moral and spiritual values, sensitivity to world concerns, and an ecumenical campus community, welcoming of all faiths and backgrounds.

As a condition of employment, Duquesne University requires all new employees -full-time and part-time, including adjunct faculty-to get a COVID-19 vaccine and provide proof of their vaccination upon commencement of employment. New employees requesting a religious or documented medical exemption from the vaccine must complete and submit a Duquesne University exemption request form for review and approval. To receive the appropriate exemption request form, contact hrservices@duq.edu. Employees with approved exemptions will be required to be tested on a regular basis.

Hiring Announcement: Albany Law School

From an email message that I recently received:

ALBANY LAW SCHOOL, in New York’s sought-after Capital District, invites applications from entry-level and lateral candidates for several faculty positions beginning in July 2023. We value diversity and seek applicants from backgrounds that add to a community that aims to foster respect and inclusion. We welcome applications from qualified candidates across all areas and specializations, and have particular interest in candidates who specialize in the following areas:

• Trusts & Estates
• Contracts and Commercial Law
• Clinical (Intimate Partner/ Domestic Violence Litigation specifically)
• Introduction to Lawyering

As part of our unitary tenure system, tenure-track opportunities are available across all positions.

Qualifications

Applicants must hold a J.D. degree (or the equivalent) and should have a record of academic excellence, substantial academic or practice experience, a passion for teaching, service, and a record of, or potential for, accomplishment in scholarship. Appointment rank will be determined commensurate with the candidate’s qualifications and experience.

Application Instructions

To apply, please submit cover letter, curriculum vitae, and the contact information for at least three references through Albany Law School's Employment Opportunities site. For more information about these opportunities, please contact Professor Ted De Barbieri at edeba@albanylaw.edu. 

Established in 1851, ALBANY LAW SCHOOL is the oldest independent law school in the nation and the oldest law school in New York State. Located in New York’s capital city, the law school offers an attractive and affordable live-work environment in between the Adirondack, Catskill, and Berkshire mountains, as well as the entire Hudson River Valley. Our faculty are productive, collaborative, and growth-oriented. Our students—23% of whom come from a diverse background—are among the best in the nation.

ALBANY LAW SCHOOL is an equal opportunity employer and actively seeks applicants who reflect the diversity of our student body, and community. We encourage applicants including first-gen professionals, women, applicants of color, LGBTQ, veterans, and other members of systemically marginalized groups.

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.