The Faculty Lounge

Setting the Record Straight on BDS

In the course of researching my recent essay on Cornel West's situation at Harvard -- he claimed that he was denied tenure because he supported Palestinian rights -- I came across a blog post by the University of Michigan's Juan Cole, another prominent academic who adheres to the anti-Israel BDS movement. As I mentioned in the piece,  Cole credited West's claim, explaining that many pro-Israel academics and administrators are greedy and corrupt. Due to space limitations, I did not go any further into Cole's polemic, but there was an additional passage that deserves some attention. It demonstrates the way in which Israel's critics are simply untethered to accurate reporting:

By way of demonstrating the supposed corruption of pro-Israel forces on campuses, Cole wrote:

At the University of Michigan, John Cheney-Lippold was disciplined in an unprecedented way for standing for Boycott, Divestment and Sanctions on Israel’s Occupation policies toward the Palestinians. 

This is manifestly untrue. Prof. Cheney-Lippold was indeed disciplined -- I have  no idea whether the nature of it was unprecedented at Michigan -- but it was not because he supported the BDS movement. Rather, it was because he attempted to impose his own politics on an unwilling student, and lied about it in the process. As I wrote at the time on Slate, Cheney-Lippold had initially agreed to provide a student with a reference for a university-approved study abroad program at Tel Aviv University in Israel. He was then in the midst of the tenure process, so he delayed writing the letter.  He was granted tenure a few weeks later. Feeling secure, he then wrote to the student withdrawing his commitment, and falsely stating that he had only just realized that the reference was for a program in Israel, and that he could not provide it because of his support for BDS.

In other words, Cheney-Lippold intentionally disadvantaged a student, denying her the opportunity to seek another reference letter at the earliest opportunity. As set out in a letter from Interim Dean Elizabeth Cole (unrelated to Juan, afaik), Cheney-Lippold also falsely told the student that university departments supported BDS, and he later used class time to discuss his views on BDS -- unrelated to the courses' subject matter -- thus gaining a an audience for his "political opinions."

In Juan Cole's representation, Cheney-Lippold was disciplined for nothing more than "standing" for BDS, when in fact he had misled and disadvantaged a student, imposing his own politics on her education opportunities, while misrepresenting university policy and coercively subjecting other students to his political views.

There are plenty of pro-BDS professors at the University of Michigan, nearly all of whom do their jobs with complete integrity, separating their political stances from their obligations to students. As Juan Cole should surely recognize, Cheney-Lippold was disciplined because of the way he treated a student, not because he supports the BDS movement.

 

Penn State Law in University Park Seeks Faculty and Visitors

This just in:

Penn State Law in University Park is Hiring for 2021-22: New Gender and Economic Equity Lab, IP Clinic, and Visitors

Penn State Law in University Park is hiring the inaugural Director for its new Anuncia Donecia Songsong Manglona Lab for Gender and Economic Equity, a Director for its Intellectual Property Clinic, and visitors for the 2021-22 academic year. The two directors will both be members of our full-time faculty (with rank based on experience). Diverse candidates are encouraged to apply.

Inaugural Director of Manglona Lab for Gender and Economic Equity

Penn State Law, based in University Park, PA, is seeking to hire an inaugural director for the Manglona Lab. Penn State Law is delighted to announce that Katie Moussouris has made a $1 million gift through her Pay Equity Now (PEN) Foundation to establish the Penn State Law Anuncia Donecia Songsong Manglona Lab for Gender and Economic Equity. Named for Katie Moussouris’s late mother, the Manglona Lab will initially include a gender equity litigation clinic to address financial discrimination in the workplace and otherwise promote economic equity under the law and in practice through research. This role will involve launching and managing the daily operations of Manglona Lab and leading the clinic. Future projects will involve an entrepreneurship component and a policy component in collaboration with the Penn State PILOT lab. Interested applicants can apply here: https://psu.wd1.myworkdayjobs.com/PSU_Academic/job/University-Park-Campus/Director--Anuncia-Donecia-Songsong-Manglona-Lab---Manglona-Lab--_REQ_0000010288-1

Director of Intellectual Property Clinic

Penn State Law, based in University Park, PA, is seeking to hire an experienced legal professional to serve as Director of the Intellectual Property Clinic: link to apply. This Clinic represents startup and early-stage companies on intellectual property (IP) matters, including patent-related issues. As determined by credentials and experience, the successful applicant may be appointed as a Professor of Practice or as an Assistant, Associate, or full Clinical Professor of Law. The Penn State Law IP clinical experience is designed to provide high quality IP law experience to Penn State Law students and IP support to entrepreneurs who are affiliated with Penn State as faculty, staff or students as well as others based anywhere in Pennsylvania irrespective of any connection to Penn State. The clinical experience is offered in direct support of the University’s Invent Penn State initiative (https://invent.psu.edu) and Penn State President Eric Barron’s commitment to “promoting patents, licensing and start-ups” as part of Penn State’s effort to expand its already significant role in Pennsylvania’s economic development and create career opportunities for Penn State graduates. Interested applicants can apply here: https://psu.wd1.myworkdayjobs.com/PSU_Academic/job/University-Park-Campus/Director--Intellectual-Property--IP--Clinic---Penn-State-Law_REQ_0000010294

Visiting Professors

Penn State Law, based in University Park, PA, is seeking visiting assistant professors, associate professors, or professors for the 2021-2022 academic year. The appointment term could be for Fall 2021, Spring 2022, or the full 2021-22 academic year, and title will depend on the seniority of the visiting professor. Penn State Law has a variety of potential needs for the coming year, which include international arbitration, international criminal law, civil procedure, and ethics and professional responsibility, but is open to considering people with a wide range of substantive expertise. Interested candidates can apply here: https://psu.wd1.myworkdayjobs.com/PSU_Academic/job/University-Park-Campus/Visiting-Professor-Penn-State-Law_REQ_0000010336-1

White Rabbit

Written by Grace Slick before she joined Jefferson Airplane. No further exposition needed.

Touro College Jacob D. Fuchsberg Law Center Seeking a Business Organizations Visitor

The Touro College Jacob D. Fuchsberg Law Center is pleased to announce that it is currently seeking applicants for one or more visitors for the 2021-22 year to teach Business Organizations and other core courses in the law school curriculum. A visitor will be expected to teach two courses in each semester.

A candidate must have a J.D. degree from an ABA accredited law school and a commitment to teaching in an environment dedicated to excellence in teaching and mentoring of students. We look for innovative faculty with a preference for both practice and teaching experience. Applicants must demonstrate a commitment to service to legal education and to the wider community as well as a desire to engage in the intellectual life of the Law Center. With one of the most diverse student bodies in the country, Touro Law Center is dedicated to the aims of diversity and strongly encourages applications from women and minorities.

While Touro hopes to return to in-person teaching beginning in Fall 2021, issues related to the pandemic may result in teaching being remote. Applicants should be willing and available to perform the role in either modality.

Touro Law Center, a member of the Association of American Law Schools (AALS), is part of the Touro College and University System. Established in 1970 to focus on higher education for the Jewish community, the Touro College and University System has grown to serve a widely diverse population of over 18,000 students across thirty-five schools. We are uniquely attuned to the importance of an education for students of all backgrounds and circumstances.

Located in beautiful and historic Long Island with its many beaches, coastlines, and parks, Touro Law Center has a unique location directly across the street from the federal and state courts, providing substantial opportunities for teaching and learning. Within the New York City metropolitan area, we are a train ride to the City and an even shorter train ride to JFK Airport.

To apply, please apply through the portal here  and send a copy of your cv and a list of three references to Professor John Linarelli at jlinarelli@tourolaw.edu and Professor Jorge Roig at JRoig@tourolaw.edu, Co-Chairs of the Faculty Appointments Committee.

Touro College and University System is committed to providing all persons equal opportunity in education and employment, and to ensuring a safe and non-discriminatory educational and work environment in compliance with Title IX of the Higher Education Amendments of 1972 (“Title IX”), Title VI and Title VII of the Civil Rights Act of 1964, the Violence Against Women Act (“VAWA”), the New York State Education Law, and other applicable laws. It is the policy of the College to prohibit unlawful discrimination in employment and in the administration of College programs, services, activities, and admissions on the basis of race, creed, color, national origin, sex, age, disability, marital status, genetic predisposition, sexual orientation, gender identity, pregnancy, veteran status, or citizen status or any other status protected by law.

Ave Maria Law Seeks Dean

This just in:

Ave Maria School of Law invites applications and nominations for the position of Dean. Ave Maria School of Law is dedicated to educating lawyers with the finest professional skills. Founded in 2000 and inspired by Pope John Paul II's encyclical Fides et Ratio, Ave Maria School of Law offers a distinctive legal education - an education characterized by the harmony of faith and reason. Formed by outstanding professional training and a distinctive educational philosophy, Ave Maria's graduates are equipped for leading positions in law
firms, corporate legal offices, the judiciary, and national, state, and local government.

Ave Maria School of Law offers an outstanding legal education in fidelity to the Catholic Faith as expressed through Sacred Tradition, Sacred Scripture, and the teaching authority of the Church.
Located in beautiful Naples, Florida, Ave Maria School of Law is well positioned to train the next generation of leaders in the legal profession. Additional information about the school of law can be found at www.avemarialaw.edu.

Ave Maria School of Law seeks a creative, dynamic, and ambitious leader with a track record of leadership tempered by Christian humility that inspires trust, respect, and confidence in others, and a deep commitment to the school’s Catholic mission. The successful candidate will possess strong public communication skills, the academic qualifications required to hold a tenured appointment on the Faculty of Law and will have a record of achievement in legal research, teaching, and community engagement. He or she will prioritize academic success and relationships with alumni and friends to further develop support, including financial, for Ave Maria School of Law. He or she will possess strong financial and administrative experience and have a deep commitment to legal education, student success, faculty development, and scholarship. In addition, the successful candidate will have a sophisticated understanding of the changing landscape of legal education and a vision for Ave Maria School of Law’s role in the future of legal education.

Applications should be received by March 12, 2021, to ensure full consideration and should include a letter of interest and qualifications, resume/curriculum vitae, and the names and contact information for at least three references. Submit nominations and applications to: dean-search@avemarialaw.edu.

Statement of Non-Discrimination:
Ave Maria School of Law recognizes the inherent value and dignity of all members of the human family. It values equal opportunity, and seeks racial, cultural, and ethnic diversity. The Law School does not preclude admission or retention of students or employees on the basis of race, color, religion, national
origin, gender or gender identity, sexual orientation, age, disability, or status as a veteran or disabled veteran. The Law School maintains its Catholic character but is open to persons of all religious faiths who respect the goals of Ave Maria School of Law, and whose conduct does not undermine the Law School’s religious goals or compromise its Catholic identity

Seattle Law Seeks Visiting Faculty

This just in:

Seattle University School of Law invites applications and nominations for visiting faculty for the 2021-22 academic year. The School of Law seeks two to three visiting professors to teach first year courses during the 2021-2022 academic year. Both one semester and full academic-year visits are possibilities.

We welcome candidates with the experience or expertise to teach all first-year subjects and are particularly interested in candidates who can teach Civil Procedure, Criminal Law, Torts, or Contracts. Depending on the length of the visit and our evolving needs, visitors may also be able to teach upper-level courses including, but not limited to, Criminal Procedure, Family Law, Environmental Law, and Trusts and Estates. As our mode of teaching for next year remains undecided, candidates should be available and willing to teach in-person under appropriate health and safety protocols but should also be comfortable with remote instruction. We encourage applications from candidates who contribute to the diversity of our faculty and who are interested in contributing to our collective scholarly conversation.

Seattle University School of Law is committed to preparing great lawyers and leaders who make a difference for their clients and communities. We proudly and consistently attract the most diverse student body of any law school in the Pacific Northwest region (40% students of color in this year’s 1L class). Our commitment to academic distinction is grounded in our Jesuit Catholic tradition, one that encourages open inquiry, thoughtful reflection, and concern for personal growth. Innovation, creativity, and technological sophistication characterize our rigorous educational program, which prepares lawyers for a wide variety of successful careers in law, business, and public service.

Qualifications
JD from an ABA-accredited institution. A record of, or potential for, high quality full-time teaching and a commitment to student mentoring and professional development are required.
Founded in 1891, Seattle University is a Jesuit Catholic university located on a beautiful campus of more than 50 acres in the dynamic heart of Seattle. Our diverse and driven population is made up of more than 7,200 students enrolled in undergraduate and graduate programs within eight schools and colleges. Seattle University is an equal opportunity employer.

In support of its pursuit of academic and scholarly excellence, Seattle University is committed to creating a diverse community of students, faculty and staff that is dedicated to the fundamental principles of equal opportunity and treatment in education and employment regardless of age, color, disability, gender identity, national origin, political ideology, race, religion, sex, sexual orientation, or veteran status. The university encourages applications from, and nominations of, individuals who will further enrich the diversity of our educational community.

Application Instructions
For best consideration, submit application, including cover letter, curriculum vitae, and a list of references to https://www.seattleu.edu/careers/ by March 25, 2021. Questions about our visiting faculty positions in the School of Law should be directed to Associate Dean for Academic Affairs Andy Siegel at siegelan@seattleu.edu.

Cornel West Blames His Problems at Harvard on Israel

My expanded observations on Cornel West's situation at Harvard are in a new column on Real Clear Education. Here is the gist:

Cornel West is Blaming His Problems on Israel — Again

In 2016, West accepted a non-tenure-eligible position in Harvard’s divinity school and African-American Studies department. Following the standard five-year review, Harvard offered West a ten-year contract renewal as the Victor S. Thomas Professor of the Practice of Public Philosophy, as well as a significant pay raise. But West wanted more, demanding that he be switched to a tenured position. Harvard declined. West, having previously been tenured at Yale, Princeton, the Union Theological Seminary, and in an earlier appointment at Harvard, considered the denial disrespectful and loudly complained. The refusal was inconceivable, he said, unless something sinister was afoot. And he knew just whom to blame.

West has convinced himself that his many other radical positions are fully acceptable to Harvard, including his outright rejection of capitalism, which ought to be most troubling to the university’s wealthy donors. He is likewise certain that his “joyful support” of Bernie Sanders would never be held against him. But with nothing even resembling evidence, West has no doubt that shadowy friends of Israel just had to be responsible for his rebuff by the Harvard administration. That might make sense only to someone intensely committed to West’s worldview; his conclusion would otherwise be recognized as an unsupported non-sequitur.

You can read the entire piece here.

Beth McCormack Named Interim Dean and President of Vermont Law

Vermont Law School has named Beth McCormack, who was serving as Vice Dean of Students, as its interim dean and president.  She replaces Tom McHenry who stepped down.  McCormack joined the Vermont Law faculty in 2011; she holds a JD from Boston University.

2020 Bottom Ten List - America's Least Selective Law Schools

For the past few years, I have written a post listing the bottom 10 least selective ABA-accredited law schools.   (See, 2017 , 2018 , 2019  columns) 

The point of these columns was to try to draw attention to the exploitative admission practices of some ABA schools.  This public shaming, along with more aggressive enforcement of ABA Standard 316 by the ABA and other measures, such as tightening the bar pass standard, has resulted in the gradual decrease of the once widespread practice of admitting large numbers of poorly qualified students at many ABA-approved law schools. 

Things had improved enough with the entering class of 2019 that in last year’s column I raised the question:  “Is the era of exploitative admissions in law schools over?”  My conclusion?  Not quite.  But we're getting there.  This year, I am pleased to report again that even fewer law schools are admitting significant numbers of dubiously qualified students.  In fact, the numbers have improved so much that I am abandoning the Bottom 10 List this year altogether (reserving, of course, the right to bring it back again in future years, if needed).  Indeed, after reviewing the admissions numbers in the ABA’s Standard 509 Information Reports for academic year 2020-2021, there is only one law school which I consider to be currently engaging in admission practices that are clearly problematic -- Southern University.

America's Least Selective Law School - Southern University

Duquesne Seeks 2 VAPs: Torts, PR, Tech, Privacy, Heath Law

Duquesne University School of Law in Pittsburgh is seeking to fill up to two Visiting Assistant Professor (VAP) positions for the next academic year.  Assigned courses will vary, but likely curricular needs include: torts, professional responsibility, technology, privacy, and health law.

The positions are for one year, with a possibility of renewal for a second year, and VAPs may apply for a permanent position should one become available. 

 

The full ad is linked here.

 

Applications should be made through Interfolio here.

If you have questions about the positions, the school, the location, or anything else, please feel free to reach out to Ann Marie Schiavone at schiavonea@duq.edu.

British Guide to Legislative Drafting

The UK's Office of the Parliamentary Counsel has issued a "Drafting Guidance," produced by a Drafting Techniques Group. Although it is 27,000 words, it "is not meant to be a comprehensive guide to legislative drafting or to clarity in legal writing." The Guidance does cover everything from Syntax and Vocabulary to Sunset provisions and renaming the Welsh legislature. I have not read the full 92 pages, but here are a couple of interesting provisions (interesting in the sense that they exist, not interesting in the sense of "Wow! that is really interesting):

Repeal of repeals

6.1.13 We do not routinely repeal earlier repealing enactments. But where the earlier repeal is part of an Act the whole of the rest of which is repealed, it will usually be tidier, and less confusing to the reader, to remove the whole Act rather than to carve around the repeal provision. If savings were made on the earlier repeal, consideration needs to be given to the effect of the later repeal on those savings.

6.1.14 The repeal of a repeal does not of course revive the enactment originally repealed. See section 15 of the Interpretation Act 1978 (which is subject to the savings in section 16).

Periods triggered by events

8.1.9 If an event triggers a period for something to happen — such as a decision after which there is a period for an appeal — it is a question of policy whether the day of the event should be included or not.

8.1.10 If you do not want to include the day of the event, it is probably best to start the period with the day after the event, and say that the action must take place within the period (as in example 1 in para. 8.1.6).

8.1.11 If you do want to include the day of the event, while following example 2 might work, it carries the risk referred to in para. 8.1.8. So a safer way of doing it is like this—EXAMPLE An appeal may be brought at any time within the period of 14 days beginning with the day on which the decision was made.

8.1.12 Note that, taken literally, this includes the earlier part of the day of the event. That may or may not matter in practice. In the case of an appeal, it is obviously impossible for the appeal to be made before the decision. If it is important to exclude earlier times, you will need to be very clear that only the remainder of the day of the event is included.

There is lots more like that. You can read -- well, skim -- the entire document here.

Colin Crawford Named Dean of Golden Gate Law

University of Louisville Law Dean Colin Crawford is headed west.  Golden Gate University School of Law announced that Crawford will be its next dean, joining the San Francisco law school this summer.  Crawford joined Louisville in 2018; he holds a JD from Harvard.

Maine Seeks 2 Visitors: Crim Law and Property

The University of Maine School of Law, in the coastal city of Portland, Maine, invites applications for two full-time Visiting Professor of Law positions to teach Criminal Law or Property Law for the 2021-2022 academic year. Salary will be commensurate with qualifications and experience. Members of minority groups, women, and others whose background would contribute to the diversity of the law school are encouraged to apply. Applications must be submitted to the University of Maine System Higher Touch portal at:  https://maine.hiretouch.com/job-details?jobID=67200&job=visiting-professor-of-law-2-positions&collection=true. You may email any questions to mainelawsearch@maine.edu.

Dos Land Iz Dayn Land

Presented by the Forverts:

The subtitles should help. The accents are excellent. I was especially delighted by this line: "Fun di groyse ozeres/biz di breyte yamen." It means "from the Great Lakes to the wide seas." As a Chicagoan, I appreciate adding the Great Lakes to the song, but the line is also etymologically fascinating. Some of the words -- groyse, breyte -- are Yiddish/germanic. "Ozeres," however, comes from Russian (Озеро/Oziero), and "Yamen" is from the Hebrew "Yam." Both words, however, have Yiddish plurals tacked on. Anyhow, Yiddish is indeed a cosmopolitan language, with three unrelated source languages found in a single phrase.

While Woody Guthrie's lyrics basically go from California to the East Coast twice (the Gulf Stream is in the Atlantic Ocean, though perhaps he meant the Gulf Coast), the Canadian lyrics are more evenly geographically distributed: "From Bonavista/to Vancouver Island/From the Arctic Circle/to the Great Lakes waters."

Gonzaga Law Faculty Hiring Announcement: 2 VAPs

The first is geared at aspiring law professors: a visiting assistant professor (VAP) for its Center for Law, Ethics, and Commerce, a centerpiece of Gonzaga Law School’s identity and mission. Persons with strong academic records, a dedicated commitment to teaching, and the potential for outstanding scholarship are encouraged to apply. The position is a full-time, 9-month, visiting position beginning in August 2021, with the potential to renew for one (but no more than one) additional year (contingent upon funding). The fellow may be permitted to work entirely remotely.  

The successful candidate will teach up to three courses in the academic year in areas related to the Center and its mission, including at least one upper-level Business Law elective. Experiential and clinical teaching are also optional. The candidate will work closely with the Director of the Center for Law, Ethics, and Commerce to plan and participate in activities related to the Center’s goals and mission. In addition, the VAP will be invited to participate in faculty workshops and will be offered a budget for scholarship and travel. More information here: https://gonzaga.peopleadmin.com/postings/15150 

The second position is for a VAP with two or more years' experience. Persons with strong academic records, teaching experience, and the potential for outstanding teaching are encouraged to apply. The position is a 9-month, one-year terminal visiting position beginning in August 2021. The applicant will teach two courses per semester with particular interest in the following: civil procedure, civil rights, administrative law, international law, employment law, international business transactions, and others. Gonzaga University School of Law’s mission and diversity statements are available at: https://www.gonzaga.edu/school-of-law/about/mission-vision. 

The successful candidate will teach two courses per semester with particular interest in the following: civil procedure, civil rights, administrative law, international law, employment law, international business transactions, and others. The faculty member will be invited to faculty workshops and other events. More information here: https://gonzaga.peopleadmin.com/postings/15149 

Runaway

"Runaway" was written by Del Shannon and his keyboardist Max Crook in 1961, charting that year at number one. It is ranked 472 on Rolling Stone's list of the 500 greatest songs of all time. When I came across the 1977 performance by Bonnie Raitt (don't miss the four-harp solo) I figured that I would probably find many more covers, but I was wrong. I only found a few, and most were not live performances.