The Faculty Lounge

The Only Known Videos of Woody Guthrie

With Brownie McGee and Sonny Terry

The Rangers' Command

A selection of audio clips after the jump:

University of Miami Seeks Director for LLM Programs in Taxation and Cross-Border Taxation

The University of Miami is looking to hire a Director for its LLM Programs in Taxation and Cross-Border Taxation. The announcement is here.

 

 

 

 

Don't Slander Refugees

Prof. Eric Loomis, of the University of Rhode Island, is a labor historian and a blogger at the Lawyers, Guns, and Money site. One of Loomis’s most popular features is his “Eric Visits an American Grave” series, in which he posts his photographs of gravestones, accompanied by short biographies of the deceased. The figures Loomis chooses range from the famous to the obscure, and from the eighteenth to the twentieth centuries, and the stories are invariably interesting. Recently, in part 774 of the long-running series, Loomis posted the grave of Congresswoman and activist Bella Abzug.

In addition to her many accomplishments (more on those below), Abzug was a Zionist, which was hardly uncommon among progressive Jews who came of age in the 1940s. Here is what Loomis said about that:

As a Jewish woman, Abzug also saw Zionism as part of a civil rights movement, saying “Zionism is a liberation movement.” Alas, that is not and will never be true for the Palestinians violently ejected from their land to create a white settler state. Even Abzug had her blind spots, even if one can understand where she was coming from.

Israel’s mistreatment and oppression of Palestinians should never be denied. But it is a slander, though popular on the left, to call Israel a “white settler state,” or to deny that Zionism was in fact the national liberation movement of the Jewish people. The Holocaust survivors who sparked Abzug’s Zionism had not been considered “white,” or even human, by the Nazis who destroyed their culture and families. Nor were they really considered part of the white race by the Poles and Russians, nor by most of the British authorities who held the Mandate for Palestine (and who outlawed Jewish immigration). The same is even more true of the many Sephardic, Romaniot, Mizrachi, Ethiopian, South Asian, and Yemenite Jews of Israel, who comprise a solid majority of the Jewish population.

Far from a “settler state,” the Israel of Abzug’s time should more accurately be called a “refugee state,” populated by those who fled Russian pogroms, Nazi death camps, and Middle East dictatorships (where Jews were killed by mobs and Jewish property expropriated). The refusal to recognize Zionism as a national liberation movement is an erasure of Jewish peoplehood.

It should be entirely possible to support Palestinian liberation, either in an independent state or within a single, democratic state – or even to call for the dismantling of Israel as a Jewish state – without calling Israeli Jews “white settlers,” which of course is meant to brand them as racially evil and illegitimate.

Loomis is hardly the only one to have picked up the “settler colonial” meme about Israel, which is intended to cut off discussion by placing Israel irrevocably on the side of imperialism. The real story is far more complex, and the conflict cannot be resolved by name calling.

Loomis says that Abzug had her blind spots. Well, it turns out that she was not the only one.

More on Bella Abzug after the jump.

Hiring Announcement: University of South Dakota, Knudson School of Law

From an email message that I received recently:

The Knudson School of Law at the University of South Dakota is accepting applications for an Associate Dean of Academic Affairs. The Associate Dean coordinates academic affairs and curricular matters, reporting directly to the Dean.

The position coordinates planning, management, and assessment of the law school’s academic program. The Associate Dean coordinates reporting inside and outside of the university. The Associate Dean provides general assistance to the Dean and is expected to teach each academic year.

The Associate Dean must be visible and active in the law school and university communities. They must project a professional and positive image for the School of Law.

Required Qualifications: Juris Doctorate from an ABA-approved law school; minimum of 3 years of legal or academic experience; license to practice law; strong interpersonal, communication, and organizational skills; and a commitment to diversity and inclusion.

Preferred Qualifications: Experience in an academic position that included teaching, scholarship, and service requirements; experience in the practice of law; experience with grant writing and policy development; and experience in a supervisory role.

Application Process: Applications must be made online at https://yourfuture.sdbor.edu/postings/21788.  Complete NFE/Faculty Application and electronically upload a cover letter, resume/CV, and a list of three current references with contract information. Position is open until filled. To ensure full consideration, please submit application materials ASAP. Inquires may be directed to Eric Young at Eric.Young@usd.edu or 605-677-3661. AA/EOE

Oregon Law Seeks Legal Research & Writing Visitors + VAP for 2021-2022

The University of Oregon School of Law is seeking applications for two visiting Legal Research and Writing faculty members in academic year 2021-22. We invite applications from those who presently have tenured or career positions as Legal Writing faculty for a visiting professor position. We also invite applications from those who plan to enter the entry-level job market in the near future for a visiting assistant professor (VAP) position.  Both positions will run from July 16, 2021 to May 15, 2022.  The VAP position will be a one-year contract with the expectation of renewal for a second year based on performance.

The University of Oregon is a member of the Association of American Universities (AAU), and is a major research university committed to combining high level research with strong undergraduate and graduate teaching. The School of Law is an ABA accredited law school and Oregon’s only public law school, made up of three graduate degree programs and an undergraduate legal studies program.

Applicants for this position should have a strong record of academic achievement; excellent skills in legal writing, research, and oral communication; a J.D. or its equivalent; and at least two years of post-law school legal experience.  Applicants should have either teaching experience or a demonstrated potential for excellence in teaching.  Because of the level of coordination and collaboration enjoyed by the LRW program, candidates should possess characteristics that will contribute to LRW faculty dynamics.  The successful candidate will have the ability to work effectively with faculty, staff, and students from a variety of backgrounds.

The University of Oregon is an equal opportunity, affirmative action institution committed to cultural diversity and compliance with the ADA.  The University encourages all qualified individuals to apply, and does not discriminate on the basis of any protected status, including veteran and disability status. 

For full consideration, application materials should be submitted by February 17, 2021, although submissions will be accepted until the positions are filled.  Applicants should submit a letter of interest (please indicate your interest in either the visiting professor or VAP position), a current resume, and references via MyTracks:  https://careers.uoregon.edu/en-us/job/526020/pro-tempore-and-visiting-faculty-open-pool.    

Oregon Law Seeks Visitors for 2021-2022 (Crim Pro. Evidence, Con Law, Energy Law, Gender & Law, Human Rts, Int'l Law, Jurisprudence, Sustainable Business)

The University of Oregon School of Law seeks applications for one or more visiting professors for academic year 2021-22.

We have particular interest in applicants who teach Criminal Procedure, Evidence, and Constitutional Law. Other subject areas of interest include: Energy Law, Gender and the Law, Human Rights, International Law, Jurisprudence, and Sustainable Business Law.

The University of Oregon is a member of the Association of American Universities (AAU), and is a major research university committed to combining high level research with strong undergraduate and graduate teaching. The School of Law is an ABA accredited law school and Oregon’s only public law school, made up of three graduate degree programs and an undergraduate legal studies program.

Applicants must have scholarship, teaching, and/ or practice expertise in the subject areas of interest.  Minimum qualifications include a record of academic excellence, demonstrated success or the potential for success in scholarship and teaching, and a JD from an accredited law school or its equivalent.  Successful candidates must have strong interpersonal skills sufficient to inspire and work effectively with diverse groups of faculty, students, staff, alumni, and members of the bar.

The University of Oregon is an equal opportunity, affirmative action institution committed to cultural diversity and compliance with the ADA.  The University encourages all qualified individuals to apply, and does not discriminate on the basis of any protected status, including veteran and disability status. 

For full consideration, application materials should be submitted by February 15, 2021, although submissions will be accepted until the positions are filled.  Applicants should submit a letter of interest indicating their interest in a visiting position and teaching interests, a current resume, and references via MyTracks:  https://careers.uoregon.edu/en-us/job/526020/pro-tempore-and-visiting-faculty-open-pool

One Arkansas State Legislator Calls Another "Sissy" for Supporting Tampon Tax Repeal

Arkansas State Representative Aaron Pilkington (R-Knoxville) is the lead sponsor of a bill (here) to repeal the Arkansas state sales tax on menstrual products. The bill's other primary sponsor is Senator Breanne Davis (R-Davis). The bill has bipartisan co-sponsorship from Representatives Austin McCollum (R-Bentonville), Carlton Wing (R-North Little Rock), Denise Jones Ennett (D-Little Rock), and Sen. Trent Garner (R-El Dorado). The basic rationale is that a tax on necessities like tampons and pads is unfair. Prescription drugs, like Viagra, are tax-exempt in Arkansas. So are sales of baby chickens, aircraft made in Arkansas, and newspapers.

Since 2016, several other states, including New York, Florida, Illinois, Connecticut, California, Rhode Island, Nevada, Utah and Washington have eliminated their state sales taxes on menstrual products. Canada, Colombia, India, Malaysia, Australia and Britain have eliminated their corresponding taxes. Professor Emily Waldman and I have argued (here) that sales taxes on menstrual products is unconstitutional. Presently, there is a class action lawsuit in Michigan challenging the tax as a form of gender discrimination (info here). The legal advocacy organization Period Equity, whose lawyers are involved in the Michigan litigation, have been raising awareness and pressing states that have still have it to repeal the "tampon tax."

But in Arkansas? State Senator Bob Ballinger replied to Representative Pilkington's tweet about the bill by saying, "We're killing this you sissy." So much for principled debate about tax issues. All eyes on Arkansas now, to see whether it will join the growing number of states that have stopped taxing periods.

Iowa Law Visiting Professor/Associate Professor

The College of Law is seeking qualified applicants for a one-semester visit to be held at the University of Iowa College of Law during the academic year 2021-2022. Qualified applicants should be experienced law school professors with a record of strong teaching in law school classes, specifically in the areas of Environmental Law, Tax, Cyber/Privacy, IBT/Trade, or Contracts.

JD is required. Demonstrated contributions to diversity, equity, and inclusion is desired. Visiting Professors will teach two law school classes as designated by the law school.

Email application intent and CV to Jill Soppe, HR Associate (jill-soppe@uiowa.edu). Application deadline is February 4, 2021. For more information, please contact Adrien Wing, chair of the Faculty Appointments Committee, at adrien-wing@uiowa.edu.

The University of Iowa is an equal opportunity/affirmative action employer. All qualified applicants are encouraged to apply and will receive consideration for employment free from discrimination on the basis of race, creed, color, national origin, age, sex, pregnancy, sexual orientation, gender identity, genetic information, religion, associational preference, status as a qualified individual with a disability, or status as a protected veteran.

Andrew Yang on Jewish Issues

Writing in The Forward, New York mayoral candidate (and former Democratic presidential candidate) Andrew Yang has explained his identification with the city's Jewish community. The story of Jewish immigration and success resonates deeply with him, said Yang, very movingly,

My parents immigrated from Taiwan, where my dad grew up with dirt floors on a peanut farm. I’m so proud they made it here, and that I have had opportunities my parents once thought weren’t possible for their children. American Jews showed families like mine the possibilities that existed here.

Yang risked the ire of the left wing of his own party and enraged Palestinian activists, by aggressively condemning the BDS (boycott, sanctions, divestment) movement against Israel:

A Yang administration will push back against the BDS movement, which singles out Israel for unfair economic punishment. Not only is BDS rooted in antisemitic thought and history, hearkening to fascist boycotts of Jewish businesses, it’s also a direct shot at New York City’s economy. Strong ties with Israel are essential for a global city such as ours, which boasts the highest Jewish population in the world outside of Israel. Our economy is struggling, and we should be looking for ways to bring back small businesses, not stop commerce.

In my view, it was a poor idea to compare the BDS movement to the Nazi-era boycotts (even though some similarities are recognized in the Jewish community), because that only creates an unnecessary distraction. Boycotting Israel is wrong and discriminatory today, without regard to what happened in the 1930s.

Even so, Yang's short essay in The Forward was surely welcome among Jewish New Yorkers, many of whom may have been alarmed by his earlier stand against "routine infant circumcision." He explained his position regarding religious circumcision (making only one small slip):

And of course, as mayor, I’ll respect religious freedom. It’s a central reason why so many immigrated to this country in the first place. I will not get in the way of anyone’s right to circumcise their children and maintain the traditions of their faith. I have and always will attend friends’ brissim to celebrate this important religious milestone in the life of their new children.

Yang can be forgiven for thinking that bris (or brit) is a masculine noun, and therefore using the masculine plural. But in fact, it is a feminine noun, and the plural should be brisot (or britot in modern Hebrew). It was a simple mistake for him to make (if he is the one who made it). But The Forward editors? Now that is a shandeh in a publication that began as a Yiddish newspaper in 1897.

[Note: A shorter, unfinished version of this post accidentally appeared for a few hours last night and early this morning.]

Mitchell Hamline Seeks VAPs for 2021-2022

Mitchell Hamline School of Law seeks entry-level candidates to join our growing, vibrant faculty as visiting assistant professors (VAPs) in July 2021. Appointment is for two years with an option to be considered for a one-year renewal.

The VAP program trains talented lawyers-particularly those from underrepresented groups-to be great teachers and to compete successfully in the national law school market for permanent faculty hires. Although VAPs typically will teach in both blended and residential enrollment options, a hallmark of the program is to introduce VAPs to best practices in blended legal education, a field Mitchell Hamline pioneered among accredited law schools.

More info is here.

Painting Constitutional Law

 

Howard Wasserman and M.C Mirow have just published Painting Constitutional Rights: Xavier Cortada's Images of Constitutional Rights.

 

From the publisher's description:

 

In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law.

Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.

 

More information is here.

Is Daniel Webster's Example a Good Model for Today's Republican Senators?

No, it is not. As I explain in my recent essay for The Hill. Here is the gist:

Republican senators and courage 

Sen. Ben Sasse (R-Neb.) warns us that a “rotten seed” has taken root in the Republican Party, “nourished by treachery, poor political judgment, and cowardice.”

It will not be easy to eliminate treachery or improve judgment in the GOP. But, as we approach Donald Trump’s second impeachment trial, New York Times columnist Peter Beinart thinks he has a solution for the absence of courage. If we want “more Mitt Romneys and fewer Josh Hawleys,” writes Beinart, Americans should elect more senators “who are near the end of their political careers.” 

Beinart offers Thomas Hart Benton and Sam Houston as historical examples of senior senators who risked their careers to oppose slavery and reject secession, but he closes his essay very oddly with this quote from Massachusetts’s Daniel Webster: “I should indeed like to please you; but I prefer to save you, whatever be your attitude toward me.”

It is true that Webster was willing to displease his constituents, but he was actually speaking in support of slavery when he took that risk. 

As a nominal opponent of slavery – having once called it a “great moral, social, and political evil” – Webster’s influence helped carry the day for the compromise measures, and the Fugitive Slave Act of 1850 was signed by President Millard Fillmore.

***

Although fairly young by Senate standards, Ben Sasse has risked his career by challenging the conspiracy mongers and riot-enablers in his own party. He is one of the few who recognize that, as in Webster’s time, appeasement only encourages the insurrectionists.

You can read the entire essay here.

Updated Guide to Submitting to Specialty Law Reviews and Journals in Gender, Women & Sexuality

I’ve updated this guide to submitting to 29 specialty law reviews and law journals classified by the W&L Law Journal Rankings under the subject  “Gender, Women and Sexuality,” as well as  5 additional journals with the word “gender” in the title. 

The document contains information about word count limitations, submission details, whether the HeinOnline Law Journal Library indexes the journal’s articles, and other guidelines authors may find relevant when considering sending their work to specialty law reviews in Gender, Women & Sexuality.

Details vary widely from journal to journal. Not all journals accept unsolicited contributions (or are still in existence!).

Corrections, additions, refinements are very welcome.