The Faculty Lounge

Faded Love

"Faded Love" was written by Bob Wills, along with his father John and brother Billy Jack, in 1950. Although it has since become a classic of Western swing, it only did moderately well in its initial release -- reaching number eight on the C&W chart, and never crossing over. Cover versions have charted over the years, notably by Patsy Cline (not released until after she died in a plane crash), Jackie DeShannon, and Tompall & The Glazer Brothers. Willie Nelson's duet with Ray Price, with Crystal Gayle singing harmony on the chorus, reached number three on the Hot 100. 

John Wills lifted the melody from a much older song, "Darling Nellie Gray," written in 1856 by Benjamin Hanby (it is a fascinating story, so don't miss it at the bottom of this post).

Hiring Announcement: Faulkner University, Thomas Goode Jones School of Law

From a recent email message:

Faulkner University's Thomas Goode Jones School of Law (Montgomery, AL) invites entry-level or junior-level applications for a tenure-track faculty position, beginning in Fall 2023.  The law school welcomes applications from candidates across all areas of the law; however, the law school's primary hiring interests are Criminal Law and Procedure.  Materials should be submitted online at https://faulkner.applicantpro.com/jobs.  Questions may be addressed to Professor Andy Olree at aolree@faulkner.edu.

Faulkner University's Thomas Goode Jones School of Law (Montgomery, AL) invites applications for a clinical faculty position overseeing the school's Mediation Clinic, beginning in Fall 2023.  The school is particularly interested in candidates with practical experience and academic interest in dispute resolution models.  Materials should be submitted online at https://faulkner.applicantpro.com/jobs.  Questions may be addressed to Professor Andy Olree at aolree@faulkner.edu.

 

Catholic Law Seeks Faculty

This just in:

Catholic Law seeks to fill several faculty positions to begin in Fall 2023. We are seeking candidates for entry-level and lateral positions, tenure-track or contract, in a wide variety of subjects, including Clinical Education, Lawyering Skills, Civil Procedure, Family Law, Trusts and Estates, Criminal Law and Procedure, Evidence, Corporate and Securities Law, International Law, and Contracts and Commercial Law.

Candidates in Clinical Education may have opportunities to teach in our existing clinics but also may propose new clinical areas. We are particularly interested in clinical offerings compatible with participation by our evening students.

We are also seeking candidates whose teaching and research interests may be in any of the above subject matter areas (or others) who are also interested in participating in our University’s Institute for Latin American and Iberian Studies.

Catholic Law is a national leader in preparing students of all faiths for the practice of law and is an integral part of The Catholic University of America, the national university of the Catholic Church, located on a beautiful residential campus in the heart of the nation’s capital.

Candidates must possess a J.D. or equivalent, superior academic credentials, and relevant professional experience, such as teaching, legal practice, or judicial clerkships. The application should include a letter of interest, CV, references, sample publications, and a personal statement addressing how your research, teaching, and service would make a distinctive contribution to the mission of our University and law school and the vision of Catholic education outlined in the Apostolic Constitution on Catholic Universities, Ex Corde Ecclesiae.

Interested applicants should email their materials to the attention of Dean Stephen Payne at guinn@law.edu.

As a Catholic institution, our mission commits us to respecting the “dignity of each human person,” and to welcoming scholars who will bring a “diversity of backgrounds, religious affiliations, viewpoints, and contributions” to the law school’s vibrant intellectual community. We recognize the importance of diversity in our faculty and encourage applications from those with diverse backgrounds.

The Catholic University of America is an Equal Opportunity Employer.

Virginia Law Seeks Research Assistant Professor of Law/Fellow for Law and Democracy Center

This just in:

The University of Virginia School of Law seeks a Research Assistant Professor of Law to serve as the Karsh Center for Law and Democracy Fellow (“Karsh Fellow”). This non-tenure-track Academic General Faculty position will start near the beginning of the 2023-24 academic year and have a fixed-term appointment of two years. The position offers compensation of $70,000 plus benefits.

The Karsh Center is a nonpartisan legal institute at the Law School. The Center’s mission is to promote understanding and appreciation of the principles and practices necessary for a well- functioning, pluralistic democracy. These include civil discourse and democratic dialogue, civic engagement and citizenship, ethics and integrity in public office, and respect for the rule of law. The Center supports these essential features of our democratic life through rigorous and cutting-edge legal and interdisciplinary scholarship, curricular offerings, and academic programs such as conferences and workshops. The Center’s aim is to advance the values of law and democracy within the academy and in public discourse.

 

Ex-Presidents Who Betrayed Their Country

No, that isn’t a Jeopardy category. It’s my new column for NBC News.

Here is the gist. (I did not write the headline.)

The former U.S. president who was more traitorous than Trump

It’s important to keep in mind that Donald Trump is not — yet — the worst ex-president in U.S. history. Trump has made a serious effort to dishonor his post-presidency, of course. He likely has encouraged future insurrections by vowing to pardon the rioters who sacked the Capitol on Jan. 6, 2021. And he’s stashed boxes of top secret documents at his home at Mar-a-Lago, raising serious national security concerns.

But John Tyler, a Whig who held office from 1841 to 1845, was even worse. Tyler actually tried to destroy the Union by joining the Confederacy’s war of treason in defense of slavery. Tyler’s treachery is worth remembering as a warning about the real danger a former president can pose. 

You can read the entire piece here.

Rosh HaShana

 

 

Taboo Trades Podcast: Indentured Servitude, Specific Performance, and the Thirteenth Amendment with Nate Oman

In this episode, we continue our discussion with Nathan B. Oman, the W. Taylor Reveley III Research Professor and Co-Director of the Center for the Study of Law and Markets at William & Mary School of Law. Nate specializes in Contract Law, the Economic Analysis of Law, Jurisprudence, Law and Religion, and Legal History. Today, we’re discussing his 2009 article, Specific Performance and the Thirteenth Amendment, published in the Minnesota Law Review.

As I mentioned in episode 1, the article first came to my attention this summer, when the internet erupted with suggestions that the specific performance clause in the Elon Musk (more precisely, X Holdings) merger agreement with Twitter wasn’t enforceable because of the 13^th Amendment. As you heard in our last episode, Nate strongly disagrees with that take.

I’ve split my discussion with Nate into two parts. In Episode 1, largely driven by questions from UVA Law 3Ls Bridget Boyd and Jenn Scoler, we discussed the Musk-Twitter litigation and the various provisions of the merger agreement, including the specific performance provision and the termination fee. In this episode, we delve more deeply into Nate’s analysis of the scope of the 13^th amendment’s prohibition against indentured servitude and its relation to the specific performance of personal service contracts. As always, we spend some time on examples from the world of sports . . . because hey, we’re in Virginia.

 

 

Links:

Nathan B. Oman faculty bio https://law2.wm.edu/faculty/bios/fulltime/nboman.php

 

Nathan B. Oman, Specific Performance and the Thirteenth Amendment, 93 MINN. L. REV. 2020 (2009). https://www.minnesotalawreview.org/wp-content/uploads/2012/01/Oman_MLR.pdf

 

Amendment and Plan of Merger by and among X Holdings I, Inc., X Holdings II, Inc. and Twitter, Inc. dated as of April 25, 2022 https://kimberlydkrawiec.org/wp-content/uploads/2022/09/Musk-Twitter-Agreement.pdf

North Carolina Central University (NCCU) invites applications and nominations for the position of Dean of the School of Law

North Carolina Central University (NCCU) invites applications and nominations for the position of Dean of the School of Law. The Dean will work closely with the Provost and Vice Chancellor for Academic Affairs, and other deans and academic leaders, under the overall University leadership of Chancellor Dr. Johnson O. Akinleye.

North Carolina Central University is a top-ranking historically black university founded in 1910 in Durham, North Carolina, by pharmacist and religious educator Dr. James E. Shepard. The university serves as a hub for intellectual dialogue and discourse and a source of academic distinction and game-changing innovation for North Carolina, the United States and the world.

The next Dean of NCCU School of Law must be someone with vision, tenacity, and a heart dedicated to service. The next Dean must possess an entrepreneurial and innovative mindset that embraces “grit,” because while the landscape for the practice and teaching of law is undergoing dramatic change, the need for well trained, practice ready lawyers continues to be critical in underserved communities. Of equal importance, the next Dean must understand, promote, and advocate for the Law School’s founding mission, providing an opportunity for an outstanding legal education to those who continue to be underrepresented in the legal profession because of their ethnicity, gender, or the communities from which they come.

Battle Hymn of the Republic

On September 22, 1862, President Abraham Lincoln issued the Preliminary Emancipation Proclamation, declaring that as of January 1, 1863, all enslaved people in the states then engaged in rebellion against the Union “shall be then, thenceforward, and forever free.” It was the beginning of the end of the Confederacy's treason in defense of slavery. 

Julia Ward Howe's lyrics to "Battle Hymn of the Republic" had already been published in The Atlantic in February 1862, including this verse:

In the beauty of the lilies Christ was born across the sea/

With a glory in his bosom that transfigures you and me.

As he died to make men holy/Let us die to make men free/

While God is marching on.

The song was set to the tune of “John Brown’s Body,” which was more than appropriate, given that the lyricist was married to Samuel Gridley Howe, one of the Secret Six who had funded John Brown’s attempt to free the enslaved people of Virginia at Harpers Ferry.

Although revisionists have repeatedly attempted to recast the Civil War as a struggle over states’ rights, it was evident almost from the beginning that it was ultimately a battle to end slavery.

Many contemporary artists challenge us to "live to make men free," but that does not change the poignancy of Union soldiers marching to battle willing to die for the cause of freedom.

UCLA School of Law Seeks Dean

This just in:

The University of California, Los Angeles (UCLA) invites inquiries, nominations and applications for the position of Dean of the UCLA School of Law.

Founded in 1949, the UCLA School of Law is one of the youngest top-ranked law schools in the United States and is committed to advancing the field of law through strong traditions of excellence in teaching, curricular innovation, influential scholarship and public engagement. One of UCLA’s 12 professional schools, the law school has approximately 200 full-time and part-time faculty (of whom 70 are tenure track) who teach approximately 1,400 students enrolled in Juris Doctor (J.D.), Master of Laws (LL.M.), Master of Legal Studies (M.L.S.) and Doctor of Juridical Science (S.J.D.) programs. The school houses a wide array of centers and institutes in such areas as business law, climate change, entertainment law, human rights, immigration law and policy, international and comparative law, reproductive health, technology law and policy, and sexual orientation and gender identity law. The school offers academic specializations in business law and policy; critical race studies; environmental law; international and comparative law; media, entertainment and technology law; law and philosophy; and public interest law and policy. Eight concurrent degree programs allow students to pursue a J.D. along with a degree in African American studies, American Indian studies, management, philosophy, public health, public policy, social welfare and urban planning. UCLA Law faculty are recognized worldwide for their contributions to scholarship, teaching and law reform in a broad spectrum of fields that have significant societal impact — including constitutional law, civil rights and critical race studies, environmental law and policy, criminal law, corporate law, public interest law, immigration law, international law and intellectual property.

 

SMU Dedman School of Law Seeks Multiple Faculty

This just in:

SMU Dedman School of Law is hiring several faculty members this year.  We seek faculty who will teach contracts, property, or professional responsibility. In addition to teaching one or more of these required courses, faculty may teach and write in the areas of intellectual property, artificial intelligence, data science, environmental and energy law, business, commercial and corporation law, labor and employment law, international law, or a wide variety of other areas. 

For details about how to apply, please see the position advertisement below. If you have any additional questions, please contact the chair of our appointments committee Jeff Kahn (jkahn@smu.edu). 

THE SMU DEDMAN SCHOOL OF LAW is seeking applications from qualified persons for tenure-track faculty positions to begin Fall of 2023.  We are seeking candidates with expertise in Property, Contracts, and Professional Responsibility (PR).  We will consider both experienced and beginning teachers with excellent legal credentials and scholarly distinction or promise.  Candidates must hold a J.D.  To ensure full consideration for the positions, applications must be received by October 1, 2022, but the committee will continue to accept applications until the positions are filled.

Applications need to be submitted here: http://apply.interfolio.com/110620.   Reference Position No. and (Area of Law) in which you are applying:  #6285 (Contracts), #6008 (Property) or #5719 (PR).

Southern Methodist University (SMU) will not discriminate in any employment practice, education program, education activity, or admissions on the basis of race, color, religion, national origin, sex, age, disability, genetic information, or veteran status. SMU's commitment to equal opportunity includes nondiscrimination on the basis of sexual orientation and gender identity and expression. The Executive Director for Access and Equity/Title IX Coordinator is designated to handle inquiries regarding the nondiscrimination policies, including the prohibition of sex discrimination under Title IX. The Executive Director/Title IX Coordinator may be reached at the Perkins Administration Building, Room 204, 6425 Boaz Lane, Dallas, TX 75205, 214-768-3601, accessequity@smu.edu. Inquiries regarding the application of Title IX may also be directed to the Assistant Secretary for Civil Rights of the U.S. Department of Education.  Hiring is contingent upon the satisfactory completion of a background check.

Nina Totenberg's Conflict of Interest

My new essay, now posted at The Hill, addresses Nina Totenberg’s unacknowledged conflict of interest in covering the Supreme Court, as revealed in her new memoir Dinners with Ruth.

Here is the gist:

The Hill

Nina Totenberg’s conflict of interest

by Steven Lubet, Opinion Contributor - 09/21/22 10:30 AM ET

Nina Totenberg’s new memoir, “Dinners with Ruth: A Memoir on the Power of Friendships,” is the beautifully touching story of an enduring friendship between two exceptional women. Ruth, of course, is the late Supreme Court Justice Ruth Bader Ginsburg, whose relationship with National Public Radio (NPR) reporter Totenberg began in 1971, long before either woman achieved national prominence. It continued, often over dinner, until Ginsburg’s death in 2020. The barely acknowledged subtext in the book is a conflict of interest between Totenberg’s obligations as a reporter and devotion to her friend.

It was the sort of relationship that objective journalists do not maintain with the subjects of their reporting, but Totenberg shrugs it off.

In the summer before the 2016 presidential election, Ginsburg made several disparaging statements about then-candidate Donald Trump, calling him a “faker” and suggesting that she would move to New Zealand if he were elected.

Totenberg was scheduled to interview Ginsburg a few days later. Following her “usual practice,” she told the justice that “I was going to ask her about what she had said.”

Ginsburg was dismayed. “Oh, please don’t do that,” she asked. Totenberg held firm. “That’s my job,” she explained.

Totenberg did not raise the ethics issue, suggesting instead that the justice had merely “goofed.” Even that was too much for Ginsburg. “It’s over and done with, and I don’t want to discuss it anymore.”  

Totenberg accepted the stonewalling. The obvious next question – to anyone not tiptoeing around a friend’s embarrassment – was whether Ginsburg would recuse herself from cases challenging the election. That would have put Ginsburg on the spot – and any answer would have been extremely meaningful in light of later events – but Totenberg let it drop.

As a decades-long NPR listener, I have always been an admirer of Totenberg’s work. But after reading “Dinners with Ruth,” l wonder which secrets were kept, which questions went unasked and what stories a more objective journalist might have reported.

You can read the entire essay at The Hill, including additional details of Totenberg’s favorable reporting (and comparisons to Antonin Scalia and Clarence Thomas).