The Faculty Lounge

Cotton Fields

"Cotton Fields," also known as "The Cotton Song," was written and first recorded in 1940 by Huddie Ledbetter, Better known of course as Lead Belly. It has been covered many times by artists as diverse as Odetta, Credence Clearwater, Harry Belafonte, Johnny Cash, Charlie Pride, and the Beach Boys.

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

From an email message that I received earlier today:

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 2022. The Law School welcomes applications from candidates across all areas of the law; however, the law school’s primary interest is Torts, and secondarily, Criminal Law. Materials should be submitted online at www.faulkner.edu/jobs. Questions may be addressed to Professor Layne Keele at lkeele@faulkner.edu.

Mandell Named Temple's Interim Provost; Rebouche is Interim Law Dean

Temple University has named the law school's dean, Gregory Mandell, as the new interim provost, following the departure of JoAnne Epps (herself the former dean of Temple Law.)  Rachel Rebouche, who has been at Temple since 2013, was named interim dean.  She holds a JD from Harvard.

Hiring Announcement: Campbell University School of Law

Campbell University School of Law invites individuals to apply for up to two open faculty positions. These tenured or tenure-track faculty positions are nine-month appointments that will begin in August 2022 at the rank of Assistant, Associate, or full Professor. We are seeking candidates to teach required courses in (1) business organizations as well as (2) commercial law (including sales law), and/or contracts. We prefer candidates who are also able to teach upper-level elective courses in business/transactional/planning. We are also interested in candidates who, in addition to teaching one or more of the required courses, are able to teach family law, health-care law, or professional responsibility. Candidates should exhibit strong teaching skills and be committed to maintaining an ongoing research effort. A commitment to academic excellence and the ability to work effectively and collegially with faculty, students, and colleagues is expected. Successful candidates should expect their annual course packages to include one or more required, large-enrollment courses.  All applicants should have excellent academic credentials and outstanding teaching reviews. We welcome applications from candidates whose background will contribute to excellence through institutional diversity. Cover letters must explain how the candidate is able and willing and able to support each of the five distinctives set forth below.  Salary and rank will be commensurate with experience.

For additional details, click here.

Irony of Ironies

The following invitation arrived in my inbox this morning, from the Los Angeles chapter of Berkeley Law Alumni:

Exploring the Legacy of Justice Ruth Bader Ginsburg

Thursday, September 9, 2021

12:00 - 1:00 pm PDT

Unfortunately, Justice Ginsburg's true legacy was on full display at the Supreme Court yesterday, as SCOTUS, with Justice Amy Coney Barrett in the 5-4 majority, voted to gut Roe v. Wade by declining to stay Texas's vigilante anti-abortion law. To put it as simply as possible, this would not have happened if Justice Ginsburg had resigned in 2014, while Obama was president and Democrats controlled the Senate. 

I doubt if the discussants at next week's Berkeley program will point out that Ginsburg's actual "legacy" will be the evisceration of almost everything she stood for, but that is likely how she will be most remembered five or ten years from now. 

We can only hope that Justice Breyer is paying good attention. He should resign tomorrow, effective upon the confirmation of his successor.

Oren Griffin Named Dean of Tulsa Law

The University of Tulsa announced that Oren Griffin, a faculty member and associate dean at Mercer Law, will become its new dean.  Griffin, who holds a JD from Washington & Lee, and a Ph.D from Iowa, will take over on January 1.

Mask Recommendations

I have now taught two classes using two different masks, and one worked much better than the other.

On Monday, I used the Israeli-made, and very expensive, Sonovia Sonomask, with a patented anti-viral fabric. It fit comfortably with a tight seal, but it was evidently not designed with teaching in mind. Every time I opened my mouth to speak – thus lowering my jaw – the mask pulled down and began slipping off my nose. I had to keep pulling it up, which was obviously a distraction. It probably works well enough for sitting in meetings and audiences, but I recommend against it for teaching.

On Tuesday, I used a KF-94 manufactured by Alliable Medical. The pull-down chin flap fit snugly, and the top flap remained in place while I spoke. It fit snugly around my face, but it also left some inside breathing space.  I think this is a pretty standard KF-94, available from many other companies. I got this one because it comes in a 5-pack, which was an inexpensive way to give it a tryout. My plan is to continue using the Alliable Medical MB 100 for teaching, perhaps switching to the Sonovia or another for attending meetings or other indoor situations where I do not have to do much talking.

CFP: Mental Health and the Legal Profession

This just in:

The University of Louisville Law Review is pleased to invite article proposals for its annual Symposium, which will occur on February 25 and 26, 2022. The event will be held in person in Louisville, Kentucky, but a virtual option will remain available for those who are unable to travel. This Symposium is titled Mental Health and the Legal Profession. It will highlight not only the mental health crisis that exists in the legal profession, but also how the legal profession can assist those who are connected to the criminal justice system and experiencing mental illness. The Symposium aims to offer possible solutions the legal profession can embrace to address mental health concerns and spark positive change in the legal community and culture.

The Law Review will partner with the Louisville Bar Association’s Health and Wellness Committee to host selected authors to present their articles during an in-person, all-day Symposium open to the public on Saturday, February 26, 2022. David Jaffe, Associate Dean of Student Affairs at American University and zealous mental health advocate, will be the keynote speaker during this event. Authors will be assigned to panels and given twenty minutes to present their articles, followed by a brief question and answer period. The Symposium will be preceded on Friday, February 25, 2022 with a business casual cocktail hour and dinner to welcome the authors and keynote speaker, as well as kick off the Symposium. These events are intended to bring together law students, law faculty, lawyers, and judges from around the nation to discuss the future of mental health, the practice of law, and the judicial system.

Let's start a debate...

I am interested in your reactions to the clip below:

 

 

Recent Op-ed on a Biden proposed policy change

President Biden’s Department of Homeland Security (DHS) and Department of Justice (DOJ) announced on Aug. 18 a new policy aiming to streamline the political asylum application process. With a goal of decreasing the backlog of these claims before immigration courts, the change would shift processing by having U.S. Citizenship and Immigration Services asylum officers review applications instead of immigration judges. These officers, effectively now acting as judges, will decide whether an applicant deserves ayslum.

The DHS’s and DOJ’s notice of proposed rulemaking provides a 60-day period for the public to comment on the policy change.

Under the current system, potential entrants into the country met at or near the border who are placed into an “expedited” removal process are screened by U.S. Citizenship and Immigration Services officers to determine whether the applicants can continue with their asylum claims. If the applicants pass what is called a credible fear screening, the cases move to the immigration courts.

Potential to Reduce Waiting Time by Years

Under Biden’s new policy, if the entrant passes the credible fear screening, the case would be heard by an asylum officer instead of an immigration judge. This change could potentially reduce the waiting period by years for many of these claims.

Department of Homeland Security Secretary Alejandro N. Mayorkas recently stated, “Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed. We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.” Mayorkas said he is confident that these “proposed changes will significantly improve DHS’s and DOJ’s ability to more promptly and efficiently consider the asylum claims of individuals encountered at or near the border, while ensuring fundamental fairness.”

Under the new policy, if the asylum officer, who may also consider other forms of protection, finds the application merits asylum, the applicant would be allowed to stay in the country legally, and one year after the grant asylum the applicant may apply for legal permanent resident status. However, if the asylum officer denies the application, an applicant can appeal that determination before an immigration judge, and another appeal of that determination is also potentially available. If appeals are not attempted or are denied, the applicant would be subject to deportation.

Another aspect of the new policy is a change to the grants of parole prior to ultimate asylum determinations. It would allow the DHS to grant parole when “detention is unavailable or impracticable,” in addition to the existing criteria involving medical emergencies and law enforcement objectives. The new policy, however, will not apply to unaccompanied children (who have a different process) or to those who are already in U.S. judicial proceedings.

Questions and Concerns

While further details of the new program remain in flux during the comment period, there exists a host of questions and potential concerns with the policy change.

New Podcast - EdUp Legal

Patty Roberts, Dean at St. Mary's University School of Law, is starting a legal podcast called EdUp Legal, in partnership with the Ed Up Experience.   

Her vision for the podcast:

Legal education is experiencing explosive applications; a call for innovation and adaptation; demand for increased diversification of the profession; and cries for social justice impact and protection of the Rule of Law. This program will explore the opinions of legal education leaders regarding the future of legal training, and consider the value proposition of law school. Conversations with thought leaders and law deans will provide insight to those considering, attending, or graduating  from law school, and current members of the profession interested in its evolution.

If you are interested in being a guest or have a suggestion for guests, email Patty at proberts6@stmarytx.edu.

Bad Medicine + Bad Arguments = Delayed Revision of NICE Guideline for ME/CFS

Lawyers take argumentation seriously and at least attempt to base their positions on facts and logic. Certain British physicians, on the other hand, appear willing to say just about anything in defense of the harmful and outmoded ME/CFS therapies on which reputations and careers have been staked. As I explained last week at Social Science Space: 

Is the Sunk Cost Fallacy ‘First Doing Harm’ in Chronic Fatigue Syndrome?

Published on 08/25/2021 By Steven Lubet

It is a truism in psychology that old ideas die hard and even educated minds are hard to change, but it is still distressing to see the phenomenon displayed in medicine, where open-mindedness is formally celebrated as a virtue. Recent events in the United Kingdom, however, establish once again that settled opinions can be difficult, if not impossible, to dislodge, even when the consequences to patients are severe.

In 2015, the United States Institute of Medicine (now the National Academy of Medicine) recognized chronic fatigue syndrome as “a serious, chronic, complex, and multisystem disease,” rather than a psychological condition. Since then, U.S. agencies, including the National Institute of Health and the Centers for Disease Control, dropped their previous treatment recommendations for psychological and behavioral interventions such as cognitive behavior therapy and graded exercise therapy, which many patients had found harmful. Progress has come much more slowly in the United Kingdom, where a group of psychiatrists and other physicians have stuck tenaciously to CBT and GET, on the theory that the symptoms of chronic fatigue syndrome (sometimes called myalgic encephalomyelitis or ME/CFS) are due to dysfunctional “illness beliefs” and consequent “deconditioning.”

The situation in the UK appeared to be on the brink of change last fall, when the influential National Institute for Health and Care Excellence, or NICE, issued a draft revision of its 2007 guidelines, which had endorsed CBT and GET. The final version of the new NICE clinical guideline was scheduled for release on August 18, but it was abruptly “paused” on the eve of publication following heated objections from powerful and entrenched professional interests.

NICE’s delay caused great dismay among patients and patient advocacy groups. It was greeted approvingly, however, by prominent members of the medical establishment who hold fast to the psychological view of ME/CFS, although with more enthusiasm than coherence.

Hiring Announcement: Willamette University College of Law (3 positions)

Willamette University College of Law, located in Salem, Oregon, invites applications for three separate faculty positions beginning in fall 2022, including a clinical faculty position, entry-level tenure-track position, and the appointment of a Law Library Director (which includes a faculty appointment). Details after the jump but please also feel free to contact Professor Steven K. Green, Chair, Appointments Committee, at sgreen@willamette.edu. Review of applicants will begin immediately and continue until the positions are filled.

Dean Search: Loyola University (Chicago) School of Law

From an email message that I received today:

Loyola University Chicago, a private, coeducational, Catholic, Jesuit university, seeks a Dean of the School of Law with intellectual vision, energy, ambition, and the ability to lead the School of Law community to even greater distinction. Inspired by the Jesuit traditions of academic excellence, intellectual openness, social justice, and service to others, the School of Law is revered for its student-centered approach and dedication to educating lawyers, scholars, and leaders for an increasingly complex and diverse world. The School of Law recently adopted a new and powerful mission statement that gives meaning and currency to its Jesuit social justice tradition and reinforces a commitment to equity, justice, and anti-racism. Building upon the school’s strengths and potential, the incoming Dean will have a profound influence on the future of a school where faculty, staff, and students are mutually and deeply committed to creating an impact on Chicago, the legal community, and the world.  

Founded in 1870, Loyola University Chicago is one of 27 Jesuit universities and one of the largest Catholic universities in the United States. The School of Law has been educating aspiring attorneys in the theory, practice, and ethics of lawyering for more than 100 years. The School of Law boasts a number of world-renowned scholars capable of guiding students to the frontier of legal knowledge in pursuit of a greater social justice. While the School of Law trains excellent lawyers in all practice areas, many students take advantage of the highly regarded program in healthcare law, which is ranked #3 in the country by U.S. News and World Report. With a variety of different degree and programmatic offerings, as well as opportunities for students to gain practical experience, the School of Law is a place for all students to learn together in the pursuit of a more inclusive and just world. 

In 2019, as part of its Mission Priority Examen, Loyola completed a self-study of how the University advances its Jesuit educational mission. The study served as part of the foundation for the new strategic plan. Building on that work, in the Summer of 2020, the Loyola University Chicago School of Law community, including faculty, staff, students, and alumni, came together to examine the mission statement and ensure that it was clearly aligned with the goals of the institution and the aspirations of the community. The new mission statement, adopted in July of 2020, declares:  

Loyola University Chicago School of Law is a student-focused law center inspired by the Jesuit tradition of academic excellence, intellectual openness, and service to others. Our mission is: 

• to educate students to be responsible and compassionate lawyers, judges, and law-related leaders in an increasingly diverse and interdependent world;
• to prepare graduates who will be ethical advocates for justice and equity, who will lead efforts to dismantle the legal, economic, political, and social structures that generate and sustain racism and all forms of oppression, and who will advance a rule of law that promotes social justice; and
• to contribute to a deeper understanding of law, legal institutions, and systems of oppression through a commitment to transformation, intersectionality, and anti-subordination in our teaching, research, scholarship, and public service.

In accordance with this revised mission statement, School of Law stakeholders identified 8 key strategic goals with relevant objectives to guide the future direction of the school. For more information about these strategic goals, visit https://www.luc.edu/law/about/mission/index.cfm.

Hiring Announcement: Brooklyn Law School (visitor: Trusts & Estates)

From an email message that I recently received:

Brooklyn Law School is looking for a visitor to teach one section of Trusts & Estates as an overload course in the evening of Spring 2022, in-person or remotely. Pay is negotiable. Previous experience teaching this or a similar course is strongly preferred. Email the Vice Dean at christina.mulligan@brooklaw.edu if interested.

When in Need, You Can Always Blame Israel

Sirhan B. Sirhan was recently recommended for parole by a two-person panel of California's parole board. The decision still has to be approved by the full board, and it can be rejected by California's governor (still Gavin Newsome, as of this writing). Sirhan, of course, assassinated Robert F. Kennedy in 1968, only hours after Kennedy won the California presidential primary, perhaps changing the course of U.S. history. He has come up for parole fifteen times previously, and was always denied. This time, however, Los Angeles district attorney George Gascon did not object; in fact, his office did not even participate in the hearing, saying that the role of the prosecutor ends with conviction (presumably following all affirmed appeals).

Sirhan's stated motive for the assassination was RFK's support for Israel. In 1989, he told David Frost, in a televised interview, ''My only connection with Robert Kennedy was his sole support of Israel and his deliberate attempt to send those 50 bombers to Israel to obviously do harm to the Palestinians."

In her pitch for parole, Sirhan's attorney Angela Berry, an Encino, California, solo practitioner, described him as a refugee who had "witnessed atrocities most of us only see in movies or in our worst nightmares." 

That is bunk. Sirhan was born in East Jerusalem, which was annexed by Jordan in 1948, making him a Jordanian citizen from the age of four. He came to the U.S. in 1956, at age 12, more than a decade before the Six Day War. According to Wikipedia, Sirhan's mother said that he was traumatized by seeing the death of his brother, "who was run over by a Jordanian military vehicle that was swerving to escape Israeli gunfire." There is no way to know whether, or how much, fighting Sirhan observed as a four year old child in 1948, or whether his mother was just trying  to generate sympathy in advance of a parole hearing. But, even if that happened, it could hardly be called an "atrocity."

Angela Berry succeeded on behalf of Sirhan where many others had failed, so there is no faulting her advocacy. But it is typical of the current anti-Israel smear campaign that the characterization of so-called "atrocities" occurred so easily to her as an available argument, and has been reported without question in the press.

The length of American prison sentences is barbaric. Sirhan has been incarcerated for 53 years, as a model prisoner, which has certainly been long enough to ensure public safety. He seems to represent no threat to anyone, and he has repeatedly expressed regret for the assassination and a commitment to living a peaceful life. The parole panel did the right thing by supporting his release, in my opinion, and I hope the recommendation is accepted by the full board and the governor (recognizing that the latter is unlikely to happen before the recall election next month).

It is most troubling, to say the least, that the claim of Israeli atrocities, although clearly nonexistent in this context, comes so trippingly easy to counsel, and passes without objection by anyone else.

Stephen B. Oates (1936-2021)

Stephen Oates who taught history at University of Massachusetts -- Amherst for many years. I was familiar with Fires of Jubilee: Nat Turner's Fierce Rebellion (1975) and With Malice Toward None: A Life Of Abraham Lincoln (1977).