The Faculty Lounge

Law and Society Association Announces Call for Nominees for Prizes and Awards

The Law and Society Association is soliciting nominations for various awards for scholarship in the field of law and society. The awards will be presented at the Annual Meeting.  More info available on the LSA homepage here.

Below the fold is a list of all the prizes.  

I served as chair of one of the prize committees last year comprised of diverse group of international scholars. Our committee really did read all of the submissions with care, so please consider nominating yourself or a colleague! (Some prizes require that nominators be LSA members; 2020 or 2021 memberships count for this purpose.)

Call for Submissions for the Distinguished Scholarship Award in Election Law

In addition to the John Hart Ely Prize, the AALS Section on Election Law has established a second professional award this year: the Distinguished Scholarship Award in Election Law.

This prize will be awarded annually for “a single work that exemplifies excellence in the field and that is published within a given year.” The term “work” is defined broadly.  

Any scholarly work that has been published in 2019 or 2020 will be eligible for this year's award. If you have published an article, book, or other piece of scholarship and wish for it to be considered for this award, please let Gene Mazo, Chair of the Section on Election Law, know by Monday, December 7, 2020. You can write to him at [email protected].

Columbia’s Richard Briffault Wins John Hart Ely Prize in the Law of Democracy

This just in from Gene Mazo:

The AALS Section on Election Law has established a new lifetime achievement award: the John Hart Ely Prize in the Law of Democracy. This prize will henceforth be presented annually by the Section’s executive committee to a senior scholar for his or her "extraordinary lifetime contributions to election law or the law of democracy in the United States." The John Hart Ely Prize is intended to serve as the most prestigious award in the field of election law.

We are very pleased to announce that the inaugural winner of the John Hart Ely Prize is Professor Richard Briffault of Columbia Law School.

Professor Briffault has taught election law longer than any other active scholar in the American legal academy. He is the author of more than 75 law review articles, in the process profoundly influencing our understanding of public funding, campaign finance, state and local government law, and other topics in the law of democracy.

The John Hart Ely Prize will be presented to Professor Briffault at an AALS awards ceremony on Tuesday, January 5, 2021 at 1:15 p.m. If you will be attending AALS this year, please try to make it.

Congratulations to Richard!

Proposed British Guidelines Reject Useless Chronic Fatigue Syndrome Treatments

As David Tuller and I explain in a new article on STAT, there is finally some good news from the U.K. on ME/CFS. The influential National Institute for Health and Care Excellence (NICE) has issued a new draft guideline, rescinding it previous recommendation of graded exercise therapy (GET) and cognitive behavior therapy (CBT). This change is a repudiation of the psychiatric school that has been pushing these therapies for decades, on the theory that ME/CFS symptoms are caused by "unhelpful illness beliefs." Most U.S. medical authorities -- including the CDC and Mayo Clinic -- have already stopped recommending GET and CBT, so the NICE draft is an important step toward bringing British medicine up to date, and making it more humane toward ME/CFS patients.

Here is the gist of our STAT article:

In a draft of new ME/CFS clinical guidelines released last week, a key British agency has not only explicitly rejected graded exercise therapy and cognitive behavior therapy as treatments for this condition but also the rationales behind them. The draft from the National Institute for Health and Care Excellence (NICE) acknowledges that there is “no therapy based on physical activity or exercise that is effective as a treatment or cure for ME/CFS” — just what patients have argued for years. Moreover, notes the draft, “CBT is not a cure for ME/CFS and should not be offered as such,” although the therapy may help patients “manage their symptoms.” The new guidelines will replace a 2007 version that promoted the two interventions.

Medicine can be both wondrously innovative and stubbornly resistant to change. In 1847, the Hungarian physician Ignaz Semmelweis could not convince his fellow doctors in Vienna to wash their hands before delivering babies as a way to prevent often fatal cases of puerperal fever in new mothers. It would be another 30 years before Joseph Lister gained widespread acceptance for his approach to sterilization and aseptic surgery.

Things are better these days, with an average time lag of only 17 years before research evidence reaches clinical practice. The British psychiatrists and others still pushing graded exercise therapy and cognitive behavioral therapy for ME/CFS have done their part to keep the median delay as high as it is.

Clinical guidelines developed by NICE are influential in medical practice around the world, including in the U.S. Its new draft on ME/CFS is a long-overdue and much-needed corrective to years of misguided and potentially harmful recommendations.

You can read the entire article here.

Updated Guide to Submitting Essays, Commentaries, Reviews to Online Law Review Companions

I've updated and expanded my guide to submitting to online law review companions at 60 law schools. It is here on SSRN. 

As before, the document contains information about word count limitations, subject matter preferences, submission details and other guidelines authors may find relevant when considering sending their work to law review presences online. There's a column indicating whether the online companion articles are included in the HeinOnline Law Journal Library.

Corrections, additions, refinements to this chart are always welcome.

 

Among Sidney Powell's Distinctions

Both the Washington Post and New York Times have published profiles of Sidney Powell. The Post reports:

At the age of 23, Powell was hired as an assistant U.S. attorney in San Antonio, a distinction she has many times said made her then the youngest federal prosecutor in the country.

I don't doubt that she was the youngest AUSA in 1978, when she graduated from UNC-Chapel Hill and began her career in Texas, but she was not the youngest AUSA in history.

That was Roy Cohn, who graduated from Columbia law school at age 20 and had to wait until his next birthday to be admitted to the bar. Irving Saypol, U.S. attorney for the SDNY, hired him that day (Cohn was already working in the office as a clerk).

Jambalaya

"Jambalaya (On the Bayou) was written and released by Hank Williams in 1952, reaching number one on the country charts where it remained for fourteen weeks. It may be the most frequently covered number of all of Williams's great songs. There has always been speculation that piano player Moon Mullican coauthored the music, receiving under-the-table royalties even though his name does not appear on the copyrighted music. Mullican released a version of "Jambalaya" in the same year as Williams, though it has been mostly forgotten (listen to it at the bottom of this post).

Unfortunately, there is no video of Hank Williams performing "Jambalaya.")

Hard Times (ca 2020) Come Again No More

 

 

Tenure in Office

"The Prince of Pompadoodle, by the great Walt Kelly; posted here without further comment:

Continue reading The Prince of Pompadoodle after the jump:

Confirmation Bias is a Helluva Drug

I have this post up today on Social Science Space:

Confirmation Bias Is a Helluva Drug

Published on   by Steven Lubet

Intense political partisanship can lead to extraordinary cognition errors. It is therefore unsurprising that President Trump’s supporters see ballot-fraud conspiracies behind even the slightest voting irregularity, while every presidential tweet is taken for proof that the election is being stolen. For the most-avid MAGA enthusiasts, there is apparently no claim too wild to embrace, as confirmation bias does its inexorable work.

We expect to see confirmation bias play an active role in the politics, where there is a satisfying emotional payoff from assuming the worst of the other side. We do not expect the same phenomenon among highly educated professionals, especially in their seemingly well researched publications. But it turns out that even the most astute physicians, in the grip of motivated reasoning, may end up believing fantastical tales about lawyers and the legal system, so long as they confirm their assumptions about medical malpractice abuse.

Consider Dr. Paul Offit, a renowned academic pediatrician and vaccinologist, with a well-earned reputation as the scourge of scam artists, quacks, and dangerous frauds. His many outstanding books have exposed autism’s “false prophets,” the harms inherent in the anti-vaccine movement, and the dangers of taking advice from celebrities and politicians. In 2013, he won Robert P. Balles Prize in Critical Thinking from the Center for Skeptical Inquiry for Do You Believe in Magic?: The Sense and Nonsense of Alternative Medicine. There may be no doctor in America more identified with critical thinking than Paul Offit.

Nevertheless, Offit himself recently fell for a patently phony story about medical malpractice.

Post-Election and Post-Zoom Blues...

Most of us are experiencing the double whammy of reacting to an extremely contentious and never-ending presidential election, and at the same time, we were finishing our first full semester of distance teaching (and some like me, have even become elementary school teachers to our children, ugh!). Obviously, these stresses were considerable. Indeed, a host of articles provide us useful guidance on how best to cope with the election. Fewer articles explore the impact of Zoom on teachers and students, though some in fact have labelled the phenomena: Zoom fatigue. Not enough articles however have explored much needed self-assessment of the effectiveness of our Zoom teaching efforts. I suspect many reviews will have to wait for student evaluations. Despite that wise decision, I believe it would be useful to start to honestly ponder how much students learned, and whether they learned effectively. 

For instance, I often teach 70-170 students per fall semester, often teaching two sections of torts. I perhaps was a bit lucky this semester because I previously asked for a break from teaching torts. Instead, this semester I taught upper-level courses--products liability and administrative law--where I could focus on teaching practical lawyering skills. Each class had roughly dozen students. In that environment, teaching via Zoom had many benefits. I could literally look into each student's eyes, albeit via a computer, and tell if they were understanding the materials, had questions, or simply disagreed with me. Zoom-teaching also allowed me to easily and seamlessly add extra-sessions with all or some students, based on my practicum-based class structure and grading system (in each class, the students were paired and had to litigate a case based on the theory taught in class coupled with a real-life fact pattern). While I look forward to the students reactions, last week I invited several of my colleagues to attend the final oral arguments in each class. I believe my fellow-professors and dean were extremely impressed with our students (no surprise in some respects because FIU Law students are consistently outstanding). Thus, it appears in these courses, Zoom-learning worked.

I nonetheless wonder, what if instead of teaching these soon-to-be lawyers, I had to teach from 70 to 170 first-year law students. Would I be able to effectively teach them negligence? Strict liability? Intentional torts? At first blush, it may sound fairly easy, but I would disagree. It is one thing to use Zoom for a dozen students, but it is an entirely different animal to teach 50 or more students via Zoom? Last spring for instance, I had the pleasure to teach at a neighboring law school. When we started the semester with in-person teaching, the students were a joy, and for me, it was teaching as usual. However, when the pandemic hit, it was a challenge to teach over 100 students with up to five separate Zoom pages in each class setting? I simply could not effectively tell who or how many were listening? How many were engaged? Then when the school changed the course's grading to pass/fail, that challenge only grew. As we tend to do, I adjusted. I taught the best I could under the circumstances--holding extra sessions, extra reviews, and even sharing my class notes for every class. But the question remained: was it enough?

While I look forward to your reactions, I believe Zoom works in some settings: small classes with upper-level students. I do not believe it works well with large classes, such as with our first-year curriculum. Perhaps the vaccine(s) will make the above moot? I nonetheless believe much more research and discussion is needed, especially if we are to stay apart for a longer period than we first expected. 

Mary Davis Named Sole Dean Finalist at Kentucky Law

Interim dean Mary Davis has been named the only finalist candidate in the University of Kentucky's internal search for a new law school dean.  

Pace Law School Seeks to Hire 2 Tenured/Tenure Track Faculty Members

Elisabeth Haub School of Law Faculty Hiring Announcement

The Elisabeth Haub School of Law at Pace University invites applications to fill up to two full-time, academic tenure-track/tenured faculty positions at the rank of assistant professor, associate professor, or professor. The positions will begin in August 2021. Applicants must be committed to providing excellent legal training both in person and online, engaging in meaningful service within the law school and in the broader community, and producing excellent scholarship.

Applicants should have teaching and research interests in any of the following areas: environmental law, natural resources law, sustainable business law, energy and climate law, public health law, contracts law, business law, and tax law. Applicants whose interests cover multiple of these areas are particularly encouraged to apply. We welcome applications from candidates interested in doctrinal, experiential, and/or clinical teaching.

Applicants seeking the rank of assistant professor should hold a J.D. from an accredited law school or an equivalent degree from a non-U.S. law school. A successful candidate will have an excellent academic record and demonstrated potential for accomplishment in teaching, scholarship and research, and service. Applications are encouraged from people of color, individuals of varied sexual and affectional orientations, individuals who are differently-abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of the law school. Pace is committed to achieving completely equal opportunity in all aspects of University life.

Pace University’s Elisabeth Haub School of Law (Pace Law) offers J.D. and Masters of Law degrees in both Environmental and International Law, as well as a series of joint degree programs including a Doctor of Juridical Science (SJD) in Environmental Law. The school, housed on the University’s campus in White Plains, NY, opened its doors in 1976 and has over 8,000 alumni around the world. The school maintains a unique philosophy and approach to legal education that strikes an important balance between practice and theory. For more information visit http://law.pace.edu.

Please apply via https://careers.pace.edu/postings/16869. Applications will be considered on a rolling basis. Direct any questions via email to Appointments Committee Chair, Professor Margot Pollans, [email protected].

Johnny B. Goode

Sooner or later, everyone covers "Johnny B. Goode."

The Mighty Atlas Is a Doctor

No, no Scott Atlas.

Dr. Morris Shapiro was The Mighty Atlas, prominent in professional wrestling in the early days of television:

More of Dr. Shapiro after the jump.

Detroit Mercy Law Seeks Dean

This just in:

University of Detroit Mercy, Michigan's largest and most comprehensive Catholic University in the Jesuit and Mercy traditions, invites applications and nominations for the position of dean of the School of Law.

For more than a century, University of Detroit Mercy School of Law has educated lawyers who are committed to the pursuit of justice, service to others and the highest standards of the legal profession. Detroit Mercy Law fully embraces the Jesuit and Mercy heritages, welcoming students and faculty of all faith traditions, and emphasizing academic and intellectual excellence and ethical values. Detroit Mercy Law provides an intellectually rigorous education that combines theory, doctrine, ethics, transnational educational opportunities and real-world experience. From its location in the heart of downtown Detroit, Detroit Mercy Law students readily access opportunities to connect with local leaders, community partners, employers and an engaged alumni network more than 8,000 strong.

In addition to the JD program, Detroit Mercy Law offers students access to the JD/MBA program and the Canadian & American Dual JD Program, a collaboration between Detroit Mercy Law and University of Windsor Faculty of Law, which is the only three-year comparative program of its kind in North America.

Detroit Mercy Law has long been a recognized leader in preparing students for the actual practice of law. Detroit Mercy Law has one of the oldest clinical programs in the United States, which dates back to the early 1960’s, well before the ABA mandated experiential credits. Detroit Mercy Law innovated its curriculum and requires every student to complete one clinic and participate in its simulated law firm courses called the Law Firm Program. Detroit Mercy Law has an extensive externship program with close proximity to the courts and multiple Fortune 500 companies.

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

Trusts & Estates Collaborative Research Network

Law and Society Association Annual Meeting

Chicago, Illinois (& Virtual), May 27-30, 2021

Call for Participation – Deadline December 31, 2020 11:59 PM ET(USA)

Submission Link: here

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), equity, 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 your proposal by December 30, 2020 at 11:59 p.m. Eastern (USA) via the LSA submission page here: https://lawandsociety.site-ym.com/page/CallforSubmissionsLSA2021

When you submit your proposal, please indicate that it is for CRN #56 Trusts and Estates.

If you would like to volunteer as a chair or discussant, please email Bridget Crawford (bcrawford [at] law.pace.edu).

The CRN will organize submitted papers into panels with cohesive themes. You are welcome to link your paper in some way to the 2021 conference theme, “Crisis, Healing, Re-Imagining,” but there is no requirement to do so.

Our goal is to stimulate focused discussion of papers on which scholars are currently working and to discuss topics of current and common interest to those working in the fields of Trusts & Estates and Equity, broadly defined, both in the United States and internationally.  We welcome participation from scholars of any level of seniority working in any discipline, language, or country.  Although you may submit an individual proposal to present a paper that is closer to publication, we are especially interested in receiving proposals for works-in-progress that will benefit from discussion that the panels will provide.

We welcome participation of junior scholars, those who are untenured or in non-tenured positions, clinical and legal writing specialists, doctrinal teachers, advanced graduate students, as well as more experienced scholars. Scholars from around the world are warmly encouraged to apply; we welcome participation of colleagues from all nations.

Participants are encouraged to apply multi-disciplinary and interdisciplinary approaches in their scholarship. Possible areas of inquiry might include issues related to transfer of wealth between spouses or family members; preferences created for certain types of transfers or transfers to particular classes of individuals; the transfer of wealth to charities or non-profit organizations; generational equity; issues of social and economic inequality; comparative aspects of the law of succession and the law of trusts more broadly; the relationship between/among gender, race, sexual orientation, socioeconomic class, immigration, language status, disability and the law of succession and the law of trusts; the socio-linguistics of testation and wealth transfer; access to estate planning justice for low- and middle-income individuals; questions of cultural or group inheritance rights; and similar issues.

Please note that LSA rules limit you to one conference participation as a Paper Presenter, Roundtable Participant, Author or Salon Presenter.  There are no caps on appearances as Chair and/or Discussant on a panel.

We will attempt to accommodate all who are interested in participating in the CRN’s programming.

If you have any questions, you are welcome to contact CRN chair Bridget Crawford (bcrawford [at] law.pace.edu).

Frank Wu is President of Queens College

Normally these posting are in the future tense, but I have to plead guilty to missing this one completely!  Frank Wu, former chancellor and dean of Hastings Law, took up a new job this summer leading CUNY's Queens College.  That makes two CUNY presidents emerging from the ranks of law school deans.  Michelle Anderson, president of Brooklyn College, formerly helmed CUNY Law.  

The Great Email Quarantine of October 2020

I have a new piece on the AAUP's Academe Blog about my severe email problem last month, when 88 of my outgoing emails – all of them pitching a controversial article to mainstream editors – were quarantined by a university vendor called Proofpoint, with no notice to me.

Professor Lubet’s Email Problem and Ours

Academe Blog

BY STEVEN LUBET

It probably should have occurred to me sooner that my university filters outgoing email for various terms of service violations such as catfishing and pornography. Never could I have imagined, however, that a third-party vendor had been empowered to “quarantine” outgoing faculty email based on its content, without ever informing the sender. But that is exactly what happened to me earlier this year, when a company called Proofpoint decided to blockade 88 of my emails, pitching a controversial article to a bunch of editors, with no notice to me. The result was the burial of my writing on a time-sensitive subject, which I only discovered by accident, and by then it was too late.

In early October, I wrote an oped about Zoom’s refusal to provide a platform for Leila Khaled’s presentation at San Francisco State University. My viewpoint was critical of Zoom (and other networking platforms) for violating the academic freedom of the webinar’s sponsors, SFSU’S Arab and Muslim Ethnicities and Diaspora Studies Department (AMED). I was also critical of AMED’s disingenuous description of Khaled as simply a “feminist, militant, and leader,” which elided her past as a two-time airplane hijacker, and her leadership role in the Popular Front for the Liberation of Palestine. My bottom line was that academic freedom is best protected by a reciprocal commitment to candor and honesty. Believing that this perspective could reach a general audience, I sent the 800 word piece to an editor at a popular mainstream journal, with whom I have published before. Receiving no response after a few days, I sent her a reminder. And then another one two days later. Editors do not like to be pestered, so I figured she was uninterested and I submitted the piece to the next name on my list. Again, no answer to my initial email and a couple of follow-ups. That pattern was repeated over the next several weeks, as all of my usual outlets seemed to be ignoring me. After eventually exhausting all of my personal contacts, which were pretty good at journals everyone would recognize, I began submitting the piece cold, to editors whose email addresses had been given to me by colleagues. Still, not a single message in return.

I probably should have suspected a delivery problem sooner than I did, but none of my emails had bounced, and it was October of a presidential election year. The more reasonable supposition – to me, at the time – was that the opinion editors were all busy with election news and therefore uninterested in academic controversies (admittedly, to the unlikely point of disregarding me completely).

It was only at the very end of the month that I tried sending the piece to some friends and family, none of whom received it, nor was it caught in their spam folders. Only then did I realize that the issue was more likely technical than editorial, so I contacted the excellent IT department at the Northwestern Pritzker School of Law.

In Memoriam: George Johnson Jr.

The former dean of Elon Law, George Johnson Jr., passed away on Sunday.  He served as interim dean, and then permanent dean, of Elon from 2008 to 2014.   He joined the law school faculty as it welcomed its first class in 2006.   Johnson was 69.