The Faculty Lounge

I Can't Stop Loving You

"I Can't Stop Loving You" was written in 1957 by Don Gibson, whose 1958 release became a hit on the Country & Western charts. Ray Charles covered the song in 1962 for his album Modern Sounds in Country & Western Music, also releasing it as a single that held the number one spot for five weeks on the Billboard Hot 100. The song has since been covered over 700 times.

Results of Law Professor Twitter Census 2019-2020 Edition - 9/13/19

Below the fold are the results of the 2019-2020 Law Professor Twitter Census. You can also download the raw data here. The list includes areas of academic interest, for faculty who self-identified with that information. The list is arranged by school, instead of individual users' last names.

Of the 1310 faculty members on this list, 709 (54.1%) are male; 601 (45.9%) are female; 1024 (78.9%) are affiliated with U.S.-based law schools; 276 (21.1%) are affiliated with law schools outside the U.S.

Here are responses to some anticipated questions from inquiring minds who want to know:

1.  How was the census developed?

The list is based on previous censuses, conducted in 2012, 2015, and 2018. It was amended and updated by contributions from blog readers in response to this post. I added additional or deleted very few names myself, based on law prof accounts that I have happened to encounter (typically because they follow me on Twitter or I follow them) or if I knew someone had changed schools, left the academy, etc. I made no concerted effort to update the list myself.

2.  How accurate is the census?

Not at all. If there are corrections, additions, etc., please feel free to email me directly at bcrawford at law dot pace dot edu.  I'll republish from time to time based on new data I receive, but likely not until next year.

3. Why isn't my information listed in the census? Why isn't my colleague's information listed?

The census relies almost exclusively on self-identification. To be included in the list, you had to actively add yourself to it (as indicated here) or email me directly.

4.  How does this year's data compare to the numbers from prior years?

For an historical comparison, here's the data from prior years:

	2019-2020 Version (9/13/19)	2018-2019 Version (8/15/2018)	2015 Version (1/23/2015)	2012 Version (7/26/2012)
Total  Number Users	1310	1105	553	204
Male	709	636	330	142
Female	601	469	223	62
US-based	1024	921	488	189
Based outside US	276	184	65	15

5.  Who is included in the census?

The list is meant to cover only individual tweeters who are full-time faculty members at law schools.  The list is not meant to be a comprehensive account of everyone (adjuncts, librarians, practitioners, programs, institutes, students, group blogs) publishing law-related tweets. Consistent with past practice, emeritus faculty are included in the census.

6.  What good is this information?

Either not at all or not much. But law professors like to count things and measure faculties (and individuals) against each other.

7.  So c'mon, tell us, which school has the most self-identified faculty members on Twitter?

Sigh.  George Washington (33), Virginia (32), UCLA (32) and Ottawa (31).

Full data below the fold and downloadable at link above.

My Letter to Dr. Fiona Godlee, BMJ Editor-in-Chief

Dear Dr Godlee:  I am a legal ethicist, rather than a physician or scientist, so I will not weigh in on the various methodological and other problems that have been identified regarding "Clinical and cost-effectiveness of the Lightning Process.” I do want to comment, however, on one aspect of the “Correction” recently published in Archives of Disease in Childhood, which accepted “an assurance from the authors that the change in primary outcome was not influenced by (positive) findings in the feasibility phase.” Having spent many decades studying and evaluating conflicts of interest in both academic and professional settings, I find it extremely troubling that a respected scholarly journal would discount acknowledged research irregularities based upon such an obviously self-interested conclusion by the investigators themselves.

To put it bluntly, conflict of interest principles exist because it is impossible to rely upon affected individuals to provide objective assessments of their own decisions. In this instance, the “Lightning Process” authors have a quite evident stake in avoiding retraction of their article, which they only now admit “was not fully ICMJE compliant.” Thus, no matter how sincere they may be in defending their work, they should never have been the ones to determine whether the change in primary outcome had been influenced by their earlier positive findings.

In legal and judicial ethics, the applicable standard for disqualification is whether an individual’s "impartiality might reasonably be questioned." Let me kindly suggest that the standards of BMJ Archives of Disease in Childhood ought to be no less rigorous.

In this instance, the authors of the “Lightning Process” article cannot possibly appear impartial regarding the validity of their own study, much less the question of whether their outcome swapping had been influenced, consciously or otherwise, by the pre-registration findings. Applying the most basic conflict of interest principles, the decision to issue a correction, rather than a retraction, should not have been based, even in part, on the authors’ after-the-fact assurances.

Sincerely,

 

Steven Lubet

Williams Memorial Professor

Northwestern University Pritzker School of Law

New Hampshire Law Seeks IP Clinical Professor of Law/Director of IP Clinic

The University of New Hampshire Law School seeks a Clinical Professor/Director of the Intellectual Property Clinic.

The Director of the Intellectual Property Clinic is a full-time member of the law-school faculty who represents, and supervises and trains students to represent, clients with a variety of IP matters. The Director is also expected to teach associated IP courses in the residential and hybrid programs; serve as one of the law school’s primary connections to the IP bar; work with practicing attorneys and alumni to determine current needs in IP practice; and participate in faculty governance.

In order to be considered, an applicant must:

(1) Have a J.D. with excellent academic performance;

(2) Be eligible to serve as a Faculty Clinic Supervisor of the USPTO’s Law School Clinic Certification Program (requirements available here – see Part IV.C for licensure and experience requirements);

(3) Possess effective teaching skills, a commitment to excellence in teaching in both residential and online programs, and a demonstrated ability to work collaboratively with diverse communities.

The full job listing is here.  

Candidates *must* fill out the associated application before they can be considered, a UNH requirement. UNH welcomes applications from entry-level candidates.

 

What's Going on at Florida Coastal?

The ABA recently notified Florida Coastal School of Law (the last surviving InfiLaw school) that it was rejecting FCSL's application for a major change to convert to non-profit status.  This may have precipitated a leadership shakeup at the school.  Yesterday it was announced internally that Academic Dean Jennifer Reiber was returning to her post on the faculty and today Dean Scott DeVito apparently quit.  No word if he was pushed out or left voluntarily.  I tried to reach out to him for comment through his FCSL email and got this Autoreply: "Thank you for reaching out to me. Scott DeVito is no longer employed by Florida Coastal School of Law."  Normally, when Deans step down they rejoin the faculty, but it doesn't seem like that happened here.  So, what is the next step for Florida Coastal?  Who is running the school right now? Why did the ABA reject their application to convert to non-profit status?   If I learn of any developments, I will let you know.  In the meantime, if anyone has any insights, please share them in the comments (or email me at dfrakt@flagler.edu).

 

Interestingly, Atlanta's John Marshall Law School also has a pending application with the ABA to convert to non-profit status.  I wonder if they will have better luck with the ABA than Florida Coastal.

 

UPDATE:  I still don't know why Dean DeVito stepped down, but he reached out to me via e-mail and stated "my leaving had nothing do with the ABA decision."   Stay tuned...

 

UPDATE 2: I am hearing rumors that students are not receiving their federal student loans at FCSL.  This could be a real problem for FCSL if not resolved quickly.

 

UPDATE 3:  I am getting reports that former Academic Dean Jennifer Reiber has been named Interim Dean and that Peter Goplerud, a former Dean of FCSL and most recently President of FCSL's failed InfiLaw sister school Arizona Summit, is being brought in as President of FCSL.  Could that be the reason Scott DeVito decided to leave?

Feminist Legal Theory Collaborative Network CFP: Law & Society 2020

Bumping to the front in anticipation of 9/20/19 deadline.

Call for Papers – Friday, September 20 Deadline

The Feminist Legal Theory Collaborative Research Network

Seeks submissions for the

Law and Society Association Annual Meeting

May 28-31, 2020 in Denver, Colorado

Submission link here

All are invited to submit a paper for a panel to be sponsored by the Feminist Legal Theory Collaborative Research Network at the 2020 Law and Society Annual Meeting in Denver. The Feminist Legal Theory CRN brings together law and society scholars across a range of fields who are interested in feminist legal theory. Information about the Law and Society meeting is available here.

We will give preference to individual paper proposals over proposals for panels that are pre-formed.  One of the goals of the Feminist Legal Theory CRN is to encourage scholars to engage with the diverse work of others across the academy. Any proposals for a fully-formed panel should address specifically the efforts that the panel organizers have made to ensure diversity among presenters, including race, gender, sexual orientation and gender identity; diversity in the institutions of presenters’ affiliation and/or primary training; diversity among positions in the academy such as senior vs. junior scholars, tenured vs. non-tenured participants, doctrinal vs. non-doctrinal faculty. 

This year’s meeting invites us to explore “Rule and Resistance.”  We are especially interested in proposals that explore the application of feminist legal theory to this theme, broadly construed. We are also interested in papers that will permit us to collaborate with other CRNs, such as the Critical Research on Race and the Law CRN. We welcome multidisciplinary paper proposals and proposals from scholars from all parts of the world.

Our goal is to stimulate focused discussion of papers on which scholars are currently working rather than to seek fully-formed panels.  Thus, while you may submit papers that are closer to publication, we are particularly eager to receive proposals for works-in-progress that are at an earlier stage and will benefit from the discussion that the panels will provide. We strongly encourage applications from junior scholars and graduate students – as well as people who are new to feminist legal theory.

The Planning Committee will assign individual papers to panels of four presenters, based on subject matter. Each paper presentation should run roughly 10 to 15 minutes to allow ample time for discussion. We will also assign a chair, and one or two commentators/discussants for each panel, to provide feedback on the papers and promote discussion.

In addition to traditional panels, we are open to proposals in the other formats that the LSA allows, including Author Meets Reader, Salon, or Roundtable sessions. If you have an idea that you think would work well in one of these formats, please also use the submission form above.  Organizers of these types of sessions should address in their proposal the same diversity criteria listed above.

Finally–and new this year–the FLT CRN welcomes submissions for roundtables on how to incorporate feminist principles into both teaching methods (pedagogical strategies as well as classroom practices) and course coverage across subject areas. Sessions could potentially address topics such as: (1) what feminist teaching can look like and (2) how to deal with the unique challenges of teaching in a hostile or indifferent environment to feminism. Preference will be given to proposals that involve materials or demonstrations.

 

Prof. Rebecca Goldin's Letter on Flawed Research Design at BMJ Archives of Disease in Childhood

Last July, I blogged about an article published in BMJ Archives of Disease in Childhood that seemed to validate the so-called Lightning Process – a mishmash of “neuro-linguistic programming,” life coaching, and “emotional self-regulation” – as a potentially effective treatment for ME/CFS in children. David Tuller, of the University of California, documented glaring flaws in the study design, including recruitment of more than half the participants before registering the trial and swapping primary and secondary outcomes after the study was in progress.

These changes allowed the investigators to report a positive outcome – thus making the article more publishable – without including any acknowledgement in the article itself. An open letter to BMJ, signed by numerous scientists, physicians, and academics (including me), sought retraction of the article, which led to a lengthy “correction” by Archives of Disease in Childhood. Shockingly, however, the journal did not retract the article, following an “assurance from the authors that the change in primary outcome was not influenced by (positive) findings in the feasibility phase.” As I explained in my original post, basic conflict of interest principles – applicable in law and many other fields – should not have allowed the authors themselves to decide whether or not their results had been improperly influenced.

Many of the signatories to the original open letter have now written personal letters to Dr. Fiona Godlee, who is BMJ’s editor-in-chief, overseeing all of its journals (BMJ was previously British Medical Journal). The strongest among these, in my opinion, was written by Rebecca Goldin, professor of Mathematical Science at George Mason University and director of STATS, a collaborative project of the American Statistical Association.

I have included Prof. Goldin’s full letter after the jump. It is short and powerful, and an excellent example of persuasive writing that could serve as a model for lawyers and law students.

Well, I Guess You Really Do Need a Weatherman

From today's Washington Post:

NOAA’s chief scientist will investigate why agency backed Trump over its experts on Dorian, email shows

The National Oceanic and Atmospheric Administration’s acting chief scientist said in an email to colleagues Sunday that he is investigating whether the agency’s response to President Trump’s Hurricane Dorian tweets constituted a violation of NOAA policies and ethics. Also on Monday, the director of the National Weather Service broke with NOAA leadership over its handling of President Trump’s Dorian tweets and statements,

In an email to NOAA staff that was obtained by The Washington Post, the official, Craig McLean, called the agency’s response “political” and a “danger to public health and safety.”

Elusive Utopia: The Struggle for Racial Equality in Oberlin, Ohio

I have a short review of Kornblith and Lasser's Elusive Utopia: The Struggle for Racial Equality in Oberlin, Ohio, in the current issue of the Journal of Interdisciplinary History. Here is the gist:

The stories of Oberlin’s [abolitionist] past are repeated and celebrated today, as though school and town have always been models of progressivism (even if nowadays in a caricatured incarnation), but that portrait is not actually true. As Kornblith and Lasser relentlessly document, Oberlin became increasingly segregated—sometimes de facto and sometimes intentionally—from the end of Reconstruction until the advent of the Civil Rights Movement in the mid-twentieth century. . . .

Kornblith and Lasser write affectionately about Oberlin (they are emeriti professors there) while unflinchingly exposing the extent of its biased past. None of the many episodes would be particularly surprising in another locale—say, Cambridge, Evanston, or Palo Alto—but it is truly upsetting to read about them in Oberlin.

Here is a link to the entire review (behind a paywall, but accessible from most university networks).

I have also posted the penultimate draft after the jump.

Michael Yelnosky Stepping Down as Dean of Roger Williams Law

Dean Michael Yelnosky has announced that he will step down from his position and return to the faculty of Roger Williams Law at the end of this school year.  He became dean in 2014.  Yelnosky is a founding faculty member of the law school, having joined the RWU community in 1993.  

Will the Circle Be Unbroken

"Will the Circle Be Unbroken" was written in 1907 by Ada Habershon and set to music by Charles Gabriel. 

The original Habershon lyrics, which are seldom heard in full today, are in the clip right after the jump.

This Week's Musical Bonus

 

 

Hiring Announcement: Emory University School of Law

From an email message that I received earlier today:

Emory Law seeks to fill three faculty positions to begin in the 2020-21 academic year.

Candidates must have a J.D., Ph.D., or equivalent degree, a distinguished academic record, and a demonstrated record of outstanding scholarship. Candidates should complete the online application (information below). In addition, applicants should submit a cover letter, a current CV, a published or unpublished academic article, a brief research agenda, and an indication of teaching interests (if not listed on the CV) to the chair of the Faculty Appointments Committee, Polly J. Price, at pprice@emory.edu.  Applications will be considered on a rolling basis.

Assistant Professor—Health Law

Candidates for the tenure-track position in health law should be either new to law teaching or junior lateral candidates with no more than three years in a tenure-track position. Entry-level candidates are strongly encouraged to participate in the AALS Faculty Appointments Register. Lateral candidates should complete the online application by using this link.  

Business Law

Emory University School of Law seeks a lateral hire for a tenured position in business law to begin in the 2020-2021 academic year. Candidates should be already tenured at an ABA-approved law school and should complete the online application here.

International Law

A named professorship in international law may be awarded to a senior scholar. Candidates should have a distinguished publication record in either public or private international law, with a preference for the latter. Candidates should complete the online application using this link. 

Emory University School of Law strives for a world in which law provides a common framework for courageous leaders to engage our most complex social and economic challenges and to achieve positive social transformation by advancing the rule of law. Emory is dedicated to providing equal opportunities and equal access to all individuals regardless of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, and veteran's status.

Hiring Announcement: Washington and Lee University School of Law

From an email message that I received earlier today:

The Washington and Lee University School of Law seeks to hire a faculty member with research and teaching interests in the fields of civil procedure, federal courts, employment discrimination law and/or labor law.  Our school is excited to advance our trajectory of outstanding scholarship and teaching with a new hire.  In addition to this subject-matter focus, we look for an individual who will embrace and meaningfully contribute to our close-knit, collegial, and intellectually vibrant community. 

We warmly invite applications for a position as Assistant or Associate Professor of Law beginning July 1, 2020, and we are particularly focused on lateral candidates with between 2-4 years of experience.  In all cases, candidates for the position must demonstrate a record of excellence in both teaching and scholarship.

Chicago Tribune Editorial on the Dangers of High School Football

There is an editorial in today's Chicago Tribune following up on its recent article on the declining number of high school football players in Illinois. Here is the gist:

More parents and high school students are looking at the risks of a serious brain injury, known as chronic traumatic encephalopathy, or CTE, and deciding against the game. There are plenty of other sports and leisure activities for high schoolers, and lots of other ways to capture families’ time, energy and money. . . .

The scariest stats about football relate to CTE, the devastating brain disease found in 99 percent of NFL players whose remains were examined in one study. CTE was first identified in a professional football player in 2002 and can only be diagnosed after death. In some ways it’s still early days in understanding how severely football can injure its participants, with special attention on young athletes who play in high school or college but not the pros. They may quit the game, but damage remains. CTE has been found in those players, too, at lower rates.

You can read the entire editorial here. There is no mention of Andrew High School's coach Adam Lewandowski, who disparaged football-wary parents as "the kind who get scared and run and hide and cover their kids in bubble wrap."  But that sort of atavistic, tough-guy posturing surely contributes to football's declining participation rates.

Hiring Announcement: University of Chicago Law School (Bigelow Fellows)

From an email message that I received this week:

THE UNIVERSITY OF CHICAGO LAW SCHOOL. We seek to appoint several Bigelow Fellows, appointed at the rank of Lecturer, to teach in the school's legal research and writing program effective July 1, 2020 or thereafter. The appointment is for one year, but reappointment for a second term is also possible. Candidates must have a law degree from an accredited law school (J.D. strongly preferred) and be capable of designing and carrying out a program of tutorial instruction for first-year students. The Law School seeks candidates who demonstrate the promise of distinguished legal scholarship and law teaching, who have relevant experience that will qualify them to act as teachers and mentors of students, and who will bring diverse backgrounds and perspectives to the Law School that will enrich and improve student experiences and the Law School's intellectual culture.

The Bigelow Program has been very successful in placing its fellows in tenure-track academic positions in law schools. For further information, candidates should go to our website at http://www.law.uchicago.edu/bigelow/howtoapply.

Application Instructions

Applications only accepted at: apply.interfolio.com/65687. Resume, cover letter, reference contact information, writing sample(s), transcript, and 2-3 letters of recommendation must be submitted when applying. Applications will be accepted until all positions are filled or until June 30, 2020.

CFP: Trusts & Estates Collaborative Research Network, Law & Society 2020

CFP: Trusts & Estates Collaborative Research Network of Law and Society Association

Trusts & Estates Collaborative Research Network

Law and Society Association Annual Meeting

Denver, Colorado, May 28-31, 2020

Call for Participation – Deadline September 20, 2019

Submission Link: https://form.jotform.com/91848913844167

The Trusts & Estates Collaborative Research invites proposals for (i) individual papers to be organized into panels; (ii) fully-formed panel proposals; and (iii) proposals for other sessions such as Author Meets Reader, Salon, or Roundtable discussions that explore any aspect of the law, practice or effects of trusts, equity, and estates, broadly defined. We also seek volunteers to serve as Chairs and/or Discussants for paper panels. Successful proposals likely will bear in some way on succession (also referred to as inheritance) and/or wealth transfers (whether at death or during lifetime, outright or in trust). Subjects of inquiry may involve any aspect of government or social policy with respect to trusts, estates, inheritance, wealth transfer, equity or courts with jurisdiction over these issues.

If you would like to present an individual paper as part of a Trusts and Estates CRN panel, submit an idea for a fully-formed panel, or propose an Author Meets Reader, Salon or Roundtable session, please  submit a 500-word abstract/description by Friday, September 20, 2019 at 5:00 p.m. GMT via this link: https://form.jotform.com/91848913844167.

The planning committee will then attempt to organize the papers into panels with cohesive themes, and to populate other sessions as appropriate. You are welcome to link your paper in some way to the 2020 conference theme, “Rule and Resistance,” but there is no requirement to do so.

Law Professor Twitter Census 2019-2020 Edition - Call for Entries, Corrections, Revisions

Bumping to the front in anticipation of the 9/9/19 deadline.

If you'd like to be listed in the semi-regular census of law professor Twitter users (or confirm that you are listed already), please read on.

It’s been about one year since the last Law Prof Twitter Census here at the Lounge. My anecdotal impression is that the number of Twitter users continues to increase. (Prior surveys are here (2012), here (2012), here (2015), and here.

As with prior versions, the list is meant to cover individual law professor tweeters only (not accounts of groups, programs, blogs, law schools, print publications, students, practitioners, staff).  Folks should be full-time law school faculty members (not, say, law-trained profs working in business schools).  Non-U.S. law profs very, very welcome. Anonymous and pseudonymous accounts are not eligible for inclusion.

The downloadable, sortable spreadsheet can be edited directly by accessing this link. If you’d like to add your name, or if you would like to add to or modify your existing listing in census, the census calls for:

(a) Your name

(b) Your Twitter handle

(c) Your school affiliation

(d) Up to three subject-matter areas of interest that related to your teaching, scholarship or tweeting.

You can view the current list embedded below, too:

New entries and modifications due Monday, September 9, 2019 at 12:00 p.m. eastern.  All additions and edits to the list subject to the moderator’s approval. Please do not edit anyone’s information other than your own.  If you see errors or corrections that need to be made to a colleague’s entry, feel free to contact that colleague directly and ask the colleague to make the changes.

CFP: Penn State Law Review Symposium on Upcoming Technological Advances

The Penn State Law Review is now accepting articles for its annual symposium, which will be hosted in the Spring of 2020. This year, the topic of the Penn State Law Review Symposium will focus on the legal implications of upcoming technological advances, for example, artificial intelligence, autonomous vehicles, and big data. 

 

The symposium is intended to increase the breadth of research on such novel topics; stimulate discussion amongst attorneys, students, and academics; and enhance the overall understanding of the legal effects of such rapidly developing technological advancements. 

 

To facilitate the application process as easily as possible, the Law Review requests that all applicants use the attached form here: https://forms.gle/Lt95Z9zamMLKDAiz7. Please submits all application forms and inquiries no later than October 3, 2019 at 5:00 pm (EST) to Gaela Normile, the Law Review’s Executive Articles Editor, at PSLRsympsium@gmail.com. 

 

Applicants should expect to write and present his or her article at the symposium, which will be either late March or early April. All travel expenses will be reimbursed by the Law Review. In addition, applicants should expect that the Law Review may request further information. The Law Review will notify applicants whether they remain under consideration by October 15, 2019. Thank you.

CFP: Fourth Annual Regional Health Law Works-in-Progress

From colleagues at Seton Hall:

Seton Hall Law School Center for Health & Pharmaceutical Law & Policy

Fourth Annual Regional Health Law Works-in-Progress Retreat

Call for Papers

 

I am writing to invite you to participate in the Fourth Annual Regional Health Law Works-in-Progress Retreat, which will be held on Friday, February 7, 2020, at Seton Hall Law School in Newark, New Jersey.  The purpose of the retreat is to give area health law scholars an opportunity to share their work and exchange ideas in a friendly, informal setting.  The retreat is open to anyone with an academic appointment in health law, including professors, fellows, and visitors, in any institution of higher education (not just law schools).  While it is geared to people in the Northeast area, scholars from outside the area are also welcome to participate. 

During the retreat, we will engage in an in-depth discussion of 5-6 draft papers.  For each paper, we will designate two commentators, each of whom will have about 10 minutes to present comments and suggestions.  The author will then have 5 minutes to respond, after which we will open the floor to a general discussion among all retreat participants.

If you are interested in having your paper presented, we ask that you submit a preliminary draft or, if that is not possible, a detailed introduction or outline of at least 5 pages, no later than November 22, 2019. Submissions should be sent to Catherine Finizio, at catherine.Finizio@shu.edu, who will anonymize them before distributing them to the selection committee. (Please do not send your submission directly to me, as that would breach anonymity.)  We will select the papers to be presented by December 13, and we will then identify two commentators for each of the papers.  Final drafts will be due on January 24, 2020.  Drafts will be made available to all participants on a password-protected website. 

If you have any questions about the retreat, please don’t hesitate to contact me directly.

We hope very much that you will be able to join us.

Best regards,

 

Carl Coleman

Professor of Law
Academic Director, Division of Online Learning

Seton Hall Law School

(on behalf of the Seton Hall Law School Center for Health & Pharmaceutical Law & Policy, including Gaia Bernstein, Kathleen Boozang, Carl Coleman, Jacob Elberg, Laura Hoffman, John Jacobi, Katherine Moore, Jennifer Oliva, and Tara Ragone)

 

Hiring Announcement: Wake Forest University School of Law

From an email message I received this week:

Entry-Level Assistant Professor of Law

Wake Forest University School of Law invites applications for an entry-level tenure-track, Assistant Professor of Law position to begin in the 2020-21 academic year. Primary areas of interest include: Criminal Law, Criminal Procedure, and Intellectual Property. Secondary areas of interest include: International Law; Decedents, Trusts & Estates; Health Policy; Internet Law, Cybersecurity, Artificial Intelligence; Consumer Law; Civil Procedure; Land Use Planning; Tax; and other areas.

More information below the fold.

Lateral Faculty Position 

Wake Forest University School of Law invites applications for a lateral tenured or tenure-track faculty position to begin in the 2020-21 academic year. Primary areas of interest include: Criminal Law, Criminal Procedure, and Intellectual Property. Secondary areas of interest include: International Law; Decedents, Trusts & Estates; Health Policy; Internet Law, Cybersecurity, Artificial Intelligence; Consumer Law; Civil Procedure; Land Use Planning; Tax; and other areas.

More information below the fold.

Legal Writing Position - Tenure Track

Wake Forest University School of Law in Winston-Salem, North Carolina anticipates hiring a tenure-track Legal Analysis, Writing, & Research (LAWR) Professor to begin in 2020-2021. The Faculty Appointments Committee seeks applications from (1) entry-level candidates with excellent academic records and demonstrated potential for exceptional teaching and scholarly achievement, and (2) lateral candidates with outstanding academic credentials, including demonstrated teaching ability and a record of distinguished scholarship. 

What Does It Mean to "Strike" a Closing Argument in a Jury Trial?

As reported in Law 360, a New Jersey trial judge struck the entire defense closing argument in a mesolthelioma case against Johnson & Johnson, after the defense lawyer referred to the plaintiffs' claims as "lawsuit fiction."

Middlesex County Superior Court Judge Anna C. Visomi struck the closing argument of Weil Gotshal & Manges LLP's Diane Sullivan, who repeatedly suggested during her summation that attorneys for the four plaintiffs "created" evidence to back their claims that they developed terminal cancer from using the company's talcum powder.

According to the article, Sullivan had been repeatedly warned about her argument. To leave "only the appropriate comments on the record would be impossible," said the court.

When Sullivan objected to the "Draconian and unfair" measure, the judge told her to "stop the outbursts."

The article does not explain the practical impact for the case, which has been on trial since July 15. The jury was presumably told to disregard the defense argument, but how much difference can that make once that they've already heard it? We also don't know whether the rebuke to defense counsel was in front of the jury, or what other admonitions the court gave the jurors. 

Somewhat ironically, the defense later objected to when plaintiffs' counsel referred to the defense argument, on the ground that it had been stricken.

The Law 360 article is here. It is behind a paywall, but I believe you can sign up for free access.

Hiring Announcement: Illinois State University

From an email message that I received this week:

Illinois State University

Associate/Assistant Professor of Legal Studies

The Department of Politics and Government seeks applications for a nine-month, tenure-track faculty position in Legal Studies at the rank of either Associate or Assistant Professor to start on August 16, 2020. Candidates must have a JD degree conferred from an ABA-accredited school prior to the appointment start date. For a complete description please visit posting number 0712095 at https://www.jobs.ilstu.edu.

Illinois State University is an Equal Opportunity/Affirmative Action Employer.

Florida International University Seeks Lecturer in Legal Skills and Values

Lecturer in Legal Skills and Values

Florida International University College of Law, Florida’s public law school located in Miami, seeks applicants for entry-level or lateral appointments for the position of Lecturer in Legal Skills and Values. The start date for the position is August 2020.

The College of Law’s Legal Skills and Values program consists of two required courses in the first year of law school and an additional required course by the end of a student’s fourth semester. We are seeking dedicated legal writing and skills teachers to teach legal research, analysis, and written and oral communication skills, all with a heavy emphasis on professionalism.

Lateral candidates should show a demonstrated record of teaching excellence. Entry-level candidates should show commitment to excellence in teaching and significant potential as law teachers. Experience in legal practice and/or judicial clerkships is preferred. JD required. This is a full-time faculty appointment, with an initial one-year term, with the possibility of successive three-year or five-year terms.

Qualified candidates are encouraged to apply to Job Opening ID 519269 at https://facultycareers.fiu.edu and attach a cover letter and curriculum vitae in a single PDF file.

Florida International University Seeks Tenure-Line Faculty (Two Positions)

Assistant, Associate, or full Professor of Law (two positions)

Florida International University College of Law, Florida’s public law school located in Miami, invites applicants for two tenured or tenure-track Assistant, Associate, or full Professor of Law positions to begin in the 2020-21 academic year. Our primary curricular interests are Cyber Law (focusing on cybercrime/forensics, interconnected cities, infrastructure security, and general cybersecurity training and education), Environmental Law, Wills & Trusts, and Torts. The Cyber Law position may be a joint appointment with another FIU School or College.

Candidates must have a J.D. degree or its equivalent (or a Ph.D. for the Cyber Law position) and a strong academic record. In addition, applicants should demonstrate a track record or promise of outstanding scholarly achievement and effective teaching. Successful candidates will be expected to engage in scholarship, teaching and service. Rank as Assistant Professor, Associate Professor, or Professor will be determined based on qualifications and experience.

FIU Law is the only public law school in South Florida, established in 2001 on the idea that a high-quality legal education should be affordable and accessible to a broad, diverse community. In 6 of the past 8 administrations of the Florida bar exam, FIU Law has ranked first in bar passage among the 11 law schools in the State. In 2018, 84% of graduates secured full-time, long-term bar passage required and J.D. advantage jobs. FIU Law ranks as the most diverse law school in Florida, and the third most diverse nationally.

Qualified candidates are encouraged to apply to Job Opening ID 519267 at https://facultycareers.fiu.edu and attach a cover letter and curriculum vitae in a single PDF file.

Prior to a campus interview, applicants will also be required to submit a list of references. For any questions related to the position, please contact Appointments Committee co-chairs Jan Osei-Tutu (joseitut@fiu.edu) or Scott Norberg (norberg@fiu.edu). To receive full consideration, applications and required materials should be received by September 30. Review will continue until the positions are filled.

More on Football and CTE

I have the following letter in today's Chicago Tribune.  Coach Lewandowski's quote is in this Chicago Tribune article. My original post on the subject is here.

Mocking real concerns about football

Adam Lewandowski, the football coach at Andrew High School in Tinley Park, ridicules parents who are concerned about chronic traumatic encephalopathy (CTE), calling them “the kind who get scared and run and hide and cover their kids in bubble wrap,” adding, "That’s no way to live” (“Across state, football numbers taking a hit,” Aug. 30). It is therefore unsurprising that the number of Illinois high school football players has fallen by 25% in recent years, as parents are understandably wary of entrusting their sons to CTE deniers like Lewandowski.

As I hope the Consolidated High School District 230 board will soon acknowledge, no educator should belittle parents who want to protect their children from concussion risks. Kids can live quite well without football but much less so with brain damage.

— Steven Lubet

Jula Hughes Named Dean of Lakehead Law

Lakehead University, in Thunder Bay, Ontario, has named Professor Jula Hughes as its new dean.  Hughes, a faculty member at the University of New Brunswick, holds an LLB from the University of Ottawa and a Ph.D from the University of Erlangen.  She joins Lakehead in October.