The Faculty Lounge

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.

Kevin Cieply Stepping Down as Dean of Ave Maria Law

Kevin Cieply will be stepping down from his position as dean of Ave Maria Law at the end of this month.  Professor Euguene Milhizer, the dean emeritus of the law school, will step in as interim dean as the school begins a search for a new leader. 

Oklahoma Law Seeks Faculty for Chair in Civil Rights, Race and Justice

This just in:

Seventy years ago, Dr. Ada Lois Sipuel Fisher became the first African American student admitted to the University of Oklahoma College of Law after a three-year legal battle that culminated in a unanimous United States Supreme Court decision. She forever changed OU. The University of Oklahoma College of Law proudly announces that applications and nominations are now being accepted for the Ada Lois Sipuel Fisher Chair in Civil Rights, Race and Justice, which honors both the principles of equality and justice for which Dr. Sipuel Fisher stood along with those of her attributes that secured them.

Echoing the means through which Dr. Sipuel Fisher’s legal battle was funded, the Chair results from a year-long campaign inviting contributions of all sizes and sources. First launched in fall 2019, over 80 students, faculty and staff colleagues, alumni and friends joined Dr. Sipuel Fisher’s vision in the effort to raise funds sufficient for endowment, an effort completed in fall 2020 through a major gift by an alumnus and associated family foundation who believe in that which characterizes Dr. Sipuel Fisher’s life and work.

Qualifications
The Chair, which will be appointed in the College of Law at the rank of Associate or Full Professor commensurate with experience, is dedicated to a legal scholar who holds an established interest in and deep knowledge of civil rights law, election laws, race and the law, anti-discrimination law, equal rights and diversity in law, and critical race theory. At least half of the successful applicant’s annual teaching load must fall within these arenas, with teaching and research conducted primarily at the College of Law. Candidates must hold a J.D. or its equivalent from an accredited institution and a demonstrated record of academic or experiential accomplishment, along with the ability to teach, mentor and lead students in ways that blend theory with practice, encouraging the development of experiential opportunities through which civil rights can be safeguarded and enhanced. Moreover, candidates must demonstrate experience and the ability to work both within and beyond the academic realm with disenfranchised communities, parties of varying socio-economic backgrounds, and/or non-English speaking populations, and are expected to engage scholarship at high levels for substantial time. To further honor Dr. Sipuel Fisher, the successful candidate will preferably hold qualities similar to those that guided her struggle and her achievements: courage, integrity, tenacity, intellect, vision, and love. The ideal candidate will demonstrate creativity and innovation in teaching, research, and community engagement. The candidate will showcase various theories centered around race relations in Oklahoma and across the United States.

Application Instructions
The appointment will begin between August 2021 and January 2022, with application review beginning immediately and remaining open until final selection is made and the position is filled. Applicants are encouraged to apply at their earliest convenience with a letter of interest, a resume, and the name, physical and e-mail address, and telephone number of no more than five references. Submission of materials as PDF attachments is strongly encouraged. Nominations are also solicited. For specific questions about the position and application process, please contact search committee chair Katheleen R. Guzman at kguzman@ou.edu.

All application materials should be submitted online via ByCommittee/Interfolio: http://apply.interfolio.com/83539.

For more information about The University of Oklahoma College of Law, please visit https://www.law.ou.edu/. Learn more about the surrounding college campus and Oklahoma City metropolitan area by visiting http://www.ou.edu/flipbook or http://soonerway.ou.edu.

The Ethics of Forwarding an Outside Colleague's Paper to One's Home Law Review

In an old Ethicist column from 2018 at the New York Times, Kwame Anthony Appiah (NYU) addressed a reader's question about the practice of asking one's law faculty friends at other schools to forward the "outsider's" paper to the student law review editors at the recipient's home institution. Here's an excerpt from the reader's question:

In recent years, a practice has developed in which authors send their manuscripts to friends on other law faculties and ask them to recommend their paper for publication to the editors of their school’s law journal. Law students understandably feel pressure to defer to the professors who give them grades and who are far more experienced.

I don’t know how common the practice is, though I suspect that many authors who submit to law reviews are unaware of it. On the positive side, the practice means that a professor vets the article. And it is no different from the common practice of using your connections to get ahead. * * *

In short, to the extent law-review placements are thought to be a statement about the quality of the article — a view that, despite what I say above, I find hard to shake in myself — a result of this practice is that placements may send a misleading signal about the article. That has not stopped me from engaging in it once or twice. Did I behave unethically? Is it relevant that students are involved?

Appiah's response doesn't quite address the reader's question (and I myself am not sure if the reader was a sender or a forwarder of the law review article), but here's Appiah's take:

As you’ve made clear, the practice of faculty recommendation puts pressures on law-review editors that may involve the abuse of power, temptations to toady and a host of other unfortunate effects. . . . [S]ome meliorative steps can be taken. Law reviews could adopt an explicit policy that they will not consider articles sent to them via the faculty of their own institution. Indeed, they could simply circulate a letter to their own faculty asking them not to do this. 

H/T Leandra Lederman.

Over on Twitter (here), Leandra Lederman (Indiana Maurer) explains her policy of declining any requests to forward colleagues' articles to her home institution's law review, for fear of putting the proverbial "thumb on the scale for a friend," thereby putting uncomfortable pressure on students.

My guess is that practices and views depend on multiple variables, including the relative "rank" of the sender's and receiver's home institutions (and associated issues of perceived prestige or quality) in some cases. It's a tricky issue, for sure. Until reading the thread on Twitter, I hadn't considered the unintended pressure that these sorts of forwards might place on the receiving student editors vis-à-vis the faculty at their school. Again, that may depend on many factors, but the student perspective makes me think about the issue in a new way.

 

Continue reading the main story

 

 

UNT-Dallas Law Seeks Visiting Faculty for Legal Writing, Business, Other Areas

This just in:

The UNT Dallas College of Law seeks a Visiting Professor to teach twelve credit hours for the 2020-2021 academic year. The College of Law is interested in persons with all substantive legal interests, but we are particularly interested in persons able to teach Business Associations, Commercial Law (Sales & Secured Transactions), and Transactional & Business Topics (seminar). Additional information is available here: https://jobs.untsystem.edu/postings/42531.

We also seek a Visiting Professor to teach twelve credit hours in our Legal Writing program during academic year 2021-2022. The program includes first year Legal Writing and upper-level Legal Writing courses. Additional information is available here: https://jobs.untsystem.edu/postings/42599.

Success on the Naturalization Test

The Biden administration is dumping the ill-considered, hastily written, and politically biased naturalization test that was introduced in the waning days of Trump’s presidency. The US Citizenship and Immigration Service has announced that it will go back to the 2008 test (piloted and adopted under the Bush 43 administration) as soon March 1, allowing for some overlap to accommodate citizenship applicants who already studied for the Trump test.

As I wrote last year on Politico, Trump’s test was potentially twice as long as its predecessor, and definitely more complex and more politically skewed. For example,

Here are two questions on the new naturalization test, as well as the only approved answers from the USCIS study guide, now embodying the Trump administration’s revisionist approach to government:

1. 31. Who does a U.S. senator represent?

• • Citizens of their state

1. 33. Who does a member of the House of Representatives represent?

• • Citizens in their [congressional] district

The acceptable answers have been changed from the 2008 iteration of the test, which accurately (at least for now, unless the Supreme Court decides otherwise) stated that U.S. senators represent “all people of the state.”

Does that mean anyone who answers “all people” rather than “citizens” will be marked incorrect? The examinations are administered orally by individual USCIS officers, who have some discretion, so it is impossible to know how often “all the people of the state” would be considered wrong, perhaps leading to a flunked test.

Reverting to the 2008 test will make other needed corrections. The first section of the test will again be titled “Principles of American Democracy,” which the authoritarian Trump administration had ominously changed to “Principles of American Government.”