The Faculty Lounge

Buddy Guy

George "Buddy" Guy was born in Louisiana in 1936. He moved to Chicago in 1957, where he became a mainstay in the South Side blues scene. He was the house guitarist for Muddy Waters. He later formed a band with Junior Wells as the front man. He also recorded a seminal album with the pianist Memphis Slim. Guy was a session man for Chess Records in the 1960s and 1970s, backing artists such as Howlin' Wolf, Little Walter, and Sonny Boy Williamson. Because of his contractual arrangement with Chess, he sometimes performed and recorded under the pseudonym Friendly Chap, which fooled nobody. Blues fans in Chicago were well aware of Guy in the 1960s, and he was certainly recognized as a brilliant guitarist by leading rock musicians, but he did not come into his own as a solo artist until the 1980s. There is no doubt that Buddy Guy is one of the greatest electric guitarists of all time, ranking number 23 on Rolling Stone's list. He continues to perform as the sole surviving member of the original electric Chicago blues generation. (Don't miss a special guest performer at the bottom of this post.)

What Does "Both Houses" Mean? [UPDATED][UPDATED][UPDATED]

Eugene Volokh offers a hypothetical question on the Volokh Conspiracy: What would happen if Kamala Harris resigned from the vice presidency? In the case of such a vacancy, the Constitution provides:

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Eugene suggests that the 50-50 Senate would have no way of breaking ties, the VP having created a vacancy, and that Republicans could therefore block any replacement nominated by President Biden. They might not want to do that because a permanent vacancy would leave Nancy Pelosi second in line to the elderly Biden. Then again, Mitch McConnell might just want to thwart anything on Biden's agenda.

But wait a minute. Eugene is assuming that the House and Senate would have to vote separately. If so, wouldn't the Constitution say "confirmation by each House of Congress"? In plain meaning, the word "both" usually indicates joint action, while "each" can indicate similar actions occurring separately. My brother and I both grew up in Chicago. My cousins each graduated from their respective colleges in the 1970s.

If you don't believe me, take a look at Article II, Section 3, regarding the presidency and the state of the Union, which draws a distinction between convening "both" houses and convening them separately:

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them. . . .

Congress has historically met in joint session for the State of the Union address. Yes, Gerald Ford was confirmed as vice president by the House and Senate meeting separately, but that doesn't mean the separate sessions were constitutionally required. In any case, there has been only one vice presidential confirmation interpreting the Twenty-Fifth Amendment, but there have been 98 joint sessions -- before "both Houses" -- to receive the State of the Union address under Article II.

I will grant that Article V appears to the contrary, using "both" to describe separate votes:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution. . . .

If Harris were actually to resign, which is obviously astonishingly unlikely, what would happen if Speaker Pelosi were to call a joint session of both houses of Congress? The vote in favor of Biden's nominee would pass by something like 275 - 265 (or maybe slightly more if some of the pro-impeachment Republicans vote with the Democrats). Would that be sufficient to confirm a new vice president? Would the vote be reviewable by the courts? (Note: if partisan gerrymandering is a non-justiciable political question, surely the confirmation of a vice president ought to be as well.)

One thing is certain. Eugene Volokh and I both think it is an interesting question.

UPDATE:  Sorry, I forgot about the Rockefeller confirmation. Same circumstances apply.

UPDATE: The Ford and Rockefeller votes are precedents for one way to comply with the Twenty-Fifth Amendment, but that does not make it the only way. Article II specifically gives the president the power on "extraordinary occasions" to convene a joint session. In the absence of a vice president, a 50-50 senate would have no way to elect a president pro tempore, and there would therefore be no convening officer. Wouldn't that be a sufficiently "extraordinary occasion," given that it has never happened before, for the president to convene a joint session?

UPDATE: A further thought: The Constitution provides for presidential resignation but does not say how it is to be effected. President Nixon resigned by sending a letter to Secretary of State Henry Kissinger. Was that the only way he could have resigned? Must future resignations follow Nixon’s precedent, or could a president send the resignation to the chief justice or the speaker of the house, or announce it on Twitter? (Spiro Agnew also resigned by letter to Kissinger, but I don't think anyone would look to Agnew as a constitutional authority; I don’t know how John C. Calhoun resigned.)

UPDATE: Just to make sure everyone gets the point:  "A majority vote" is a singular noun. By plain reading, it describes one vote of both houses of Congress. The language for separate voting would have been something like "majority votes" or "a majority vote in each house." Article I, Sections 5 and 7, do refer to separate voting multiple times. The Twenty Fifth Amendment does not.

Resources for New and Aspiring Administrative Law Scholars

Chris Walker (Ohio State) has some great suggestions here on Twitter that he developed in more detail in a post (here) for Notice & Comment, a blog from the Yale Journal on Regulation and ABA Section of Administrative Law & Regulatory Practice.

Northern Illinois Hiring Announcement - Clinical Professor of Law/Business Innovation and Economic Legal Development Clinic

NORTHERN ILLINOIS UNIVERSITY COLLEGE OF LAW invites applications for an opening for an Assistant Clinical Professor of Law who will serve as Director of our new Business Innovation and Economic Development Legal Clinic. The incumbent will collaborate with the university’s College of Business. The ideal start date will be May 1, 2022, but may be later if circumstances warrant.

NIU Law is a public law school. It resides at the heart of a diverse and active university campus of over 17,000 students in DeKalb, Illinois, located on the western edge of the Chicago metropolitan area.

The Business Innovation and Economic Development Legal Clinic will provide legal assistance both to not-for-profit organizations and to entrepreneurs and small business owners from underrepresented communities. The Clinic will assist students from the NIU College of Business in entrepreneurial ventures and will represent business owners from DeKalb and surrounding communities.

Legal responsibilities of the Director will include assisting businesses with Business Enterprise Certifications, and may also include helping with incorporation, business contracts, non-profit formation, and intellectual property needs. The position will require travel to surrounding communities to engage in outreach.

The Director of the clinic will teach a law clinic seminar course each semester, will supervise clinic students, and will also work in partnership with the College of Business to develop and deliver programming that meets the demand of the marketplace. This may include teaching a summer course and/or creating content for revenue generating workshops hosted by the business school. The Director will also be responsible for developing and maintaining partnerships between the University and its surrounding communities, leading workshops, writing grant proposals, and serving on law school committees.

This is a full-time clinical faculty position within the law school, leading to the possibility of a presumptively renewable six-year contract. Clinical faculty members at NIU participate in faculty governance, excluding decisions related to the hiring, retention and promotion of doctrinal tenure-track faculty.

The Director of the Business Innovation and Economic Development Legal Clinic will report directly to the law school’s Director of Clinics, will work closely with the Dean and faculty at the College of Law on the development of the clinic, and will work in partnership with the Dean of the College of Business.

Widener Delaware Law Seeks Two Faculty

This just in:

WIDENER UNIVERSITY DELAWARE LAW SCHOOL in Wilmington, Delaware, seeks to hire two full-time, tenure-track faculty members beginning with the 2022-2023 academic year.  

Qualified candidates will have strong academic credentials, including at least a J.D. degree or its equivalent.  Candidates should demonstrate evidence of and potential for outstanding scholarly achievement and strong, innovative and engaged teaching.  We welcome applications from candidates who approach scholarship from a variety of perspectives and methods.  The University embraces diversity among our faculty, students, and staff, and we welcome applications from those who would add to the diversity of our academic community.

Criminal Law/Evidence Position:  

Criminal Law/Criminal Procedure/Evidence Position: 

One position is for a full-time, tenure-track faculty member to teach Criminal Law, Criminal Procedure, Evidence and related courses. 

First Year & Second Year Required Courses: Civil Procedure/Torts/Property Position:  

A second position is to hire a full-time, tenure-track faculty member to teach first and second year required courses as part of a teaching package, especially in the areas of Civil Procedure, Torts and Property Law.  

As the only law school in Delaware, Delaware Law School offers its faculty, students, and staff unique opportunities to engage with and have an impact on the legal, political, and social culture of the State.  Delaware attracts students from all over the nation and the world with its unparalleled legal community, its beautiful natural setting, and its ideal location between New York, Philadelphia, and Washington D.C.  Delaware Law students also benefit from the support of a dedicated and collegial faculty and support staff who are fully committed to student success and achievement.  In addition to the JD program, we offer LLM and SJD degrees in a variety of areas.  For more information, please visit our website at https://delawarelaw.widener.edu/.

Widener University has a strategic commitment to building an inclusive university community whose diversity enriches the lives of all members and where our students are prepared for living in a pluralistic and ever-changing world.  As a leading metropolitan university, Widener strives to embody the values that are inherent in our mission: civic engagement, access, inclusion, academic excellence, innovation and leadership.

Widener University, an independent, metropolitan, doctoral-intensive university, connects curricula to social issues through civic engagement.  Dynamic teaching, active scholarship, personal attention and experiential learning are key components of the Widener Experience.  Located in Chester, PA, Widener's main campus is nestled between Philadelphia, PA and Wilmington, DE, with Law Schools located in both Harrisburg, PA and Wilmington, DE.  For more information about the university, please visit our website at www.widener.edu.

Please submit a letter of interest and a CV, as well as three references, to Professor Serena Williams, Chair of the Search Committee, as a single pdf at widener.edu/employment.  Please indicate which position you are interested in, either “Criminal Law Position” or “Civil Procedure/Torts/Property Position.”  Individuals who desire accommodations in the application process should include relevant information in their email.  Widener University is an equal opportunity employer.  Applications will be reviewed on a rolling basis until the position is filled.  Only those selected to interview will be contacted.  We look forward to receiving and reviewing your application.

Academic Freedom and Israel Boycotts

I had this essay yesterday on Social Science Space:

When Academic Freedom Proves a One-Way Street

Published on 11/16/2021  by Steven Lubet 

It requires considerable discipline to be consistent on issues of academic freedom. Conservatives, for example, have expressed outrage at the cancelation of extracurricular campus lectures by right-wing figures such as Milo Yiannopoulos and Ann Coulter. At the same time, many have been conspicuously silent about legislative restrictions on high school reading lists, as well as the University of Florida’s now-rescinded prohibition on litigation consulting by political science professors. Progressives may be subject to the same impulse, vigorously defending academic freedom in their own circumstances while unapologetically denying it to their political adversaries. Consider, for example, the views of Pitzer College’s Professor Daniel Segal – acting president of the Claremont Colleges chapter of the American Association of University Professors – who denounces even indirect constraints on his own classroom freedom, while seeking to prevent other well-qualified faculty from teaching anything at all.

In a recent post on the AAUP’s Academe Blog, Segal shared the story of his investigation by Pitzer College’s Title IX coordinator for “harassment on the grounds of sex/gender [and] ancestry,” based on alleged incidents in his world history course. The charges, in Segal’s telling, were not merely frivolous; they also implicated “speech and conduct self-evidently integral to the delivery of legitimate course content.” Although he was eventually cleared of misconduct, in a victory for academic freedom, the 126-day adjudication process took a heavy toll. Segal was forced to retain counsel, spend “the plurality, and perhaps the majority, of [his] work time” responding to the allegations, and, worst of all, reconsider the content of his classes with a view toward avoiding future student complaints. Despite the favorable outcome, in which he was cleared of all charges, the “debilitating” procedures led Segal to the conclusion that “academic freedom protections for faculty are not intact at Pitzer College.”

“I know that this experience has impacted my teaching,” Segal explained. In some class sessions, “it has led me to ‘not go there,’ that is, to not explore certain examples or lines of thought that I otherwise would—and should—have pursued.” The solution to this problem, Segal persuasively argues, is to institute a more rigorous screening at the very beginning of the process, readily dismissing complaints that have no possible merit. The alternative, as in his case, can only have a “chilling effect on speech and conduct in teaching.”

I nodded in agreement as I read Segal’s post and, because I was not familiar with him, I checked out his faculty webpage at Pitzer College, which led me in turn to his personal blog. To my dismay, I discovered that Segal’s commitment to academic freedom has a glaring limitation. Although his own teaching must be protected from even the threat of a student complaint, he evidently believes that certain other faculty should be completely denied professional discretion to conduct their courses in the format they see fit.

Segal objects to an on-line course called “The Beginning of Science: Ancient Egyptian and Babylonian Conception of Space and Time,” co-taught by professor Sarah Symons at Canada’s McMaster University and professor Eshbal Ratson of Israel’s Tel Aviv University. Although the course itself has nothing to do with the current Middle East conflict, Segal opposes its very existence at McMaster, in keeping with the BDS (boycott, divest, sanctions) movement against Israel.

Penn State Law Faculty Hiring Announcement - Applied Legal Analysis and Writing I and II

Job Description:

Penn State Law is seeking an experienced legal professional to teach Applied Legal Analysis and Writing I and II, a year-long required course for first-year J.D. students. The course is a total of 5 credits, and the faculty member will teach one section of approximately 35 students. Responsibilities include working with our Associate Dean of Legal Writing and department colleagues to implement our legal writing program, which covers objective and persuasive writing. This faculty member will also teach one three-credit upper-level writing course, to be determined in consultation with the Associate Dean of Legal Writing and the Associate Dean for Academic Affairs.

This position requires a J.D. degree from an accredited law school. Excellent analytical and writing skills are required. Five years or more of legal experience is highly desirable. Classroom teaching experience is also highly desirable, but not required. This position is a benefits-eligible, non-tenure track, limited-term academic appointment for three years beginning in the Fall 2022 semester, with the possibility of renewal. In addition, legal writing faculty have voting rights, except for tenure hiring and promotion decisions.

Review of applications will commence immediately and will continue until the position is filled; only those candidates selected for interviews will be contacted. As part of their application, candidates should provide a cover letter, CV, writing sample, a list of at least three references, and (for candidates who graduated in the last three years) a law school transcript. We encourage applications from candidates who would contribute to the diversity of our faculty. This includes, but is not limited to, people of color, people with disabilities, and members of the LGBTQ community.

Specific inquiries should be addressed to the Chair of the Search Committee, Nicole Chong, Associate Dean and Professor for Legal Writing, at nrc10@psu.edu.

Penn State is committed to and accountable for advancing diversity, equity, and inclusion in all its forms. We embrace individual uniqueness, foster a culture of inclusive excellence that supports both broad and specific diversity initiatives, leverage the educational and institutional benefits of diversity, and engage all individuals to help them thrive. We value inclusive excellence as a core strength and an essential element of our public service mission.

Interested candidates are to apply directly online at: https://psu.wd1.myworkdayjobs.com/PSU_Academic/job/University-Park-Campus/Assistant-Professor-of-Legal-Writing_REQ_0000021024-1

To review the Annual Security Report which contains information about crime statistics and other safety and security matters and policies, please go to https://police.psu.edu/annual-security-reports, which will also explain how to request a paper copy of the Annual Security Report.

Penn State is an equal opportunity, affirmative action employer, and is committed to providing employment opportunities to all qualified applicants without regard to race, color, religion, age, sex, sexual orientation, gender identity, national origin, disability or protected veteran status.

Important Webinar on Becoming a Law Professor...

Good People, as well as the academic types! :)

This afternoon, the ABA will be hosting an important Webinar on becoming a law professor. Please share it with students and other potential candidates:

https://americanbar.zoom.us/webinar/register/WN_DmnkmF9iTuGUECBYU3UrxQ 

Here is the text of the announcement: 

Facebook Twitter LinkedIn Microsoft (Outlook)

 

Topic

So You Want to be a Law Professor?

Description

This free online event is open to the public. The replay is available only to ABA Members.

Are you interested in a career in the legal academy? If so, join the Women of Color Task Force for this program about paths to teaching law. During the session, legal academics discuss careers in teaching law and explain what it takes to become (and remain) a law professor. Clinical, doctrinal, and legal research and writing teaching pathways will be explored.
 
 Attendees will learn about:
- Different types of full-time positions in legal academia
- Types of qualifications that are generally expected of entry-level law professors
- The role of legal scholarship in a legal academic's career including the research support available 
- The typical hiring process for entry-level positions in legal academia

Sponsored by the YLD Women of Color Taskforce

Time

Nov 16, 2021 01:00 PM in Eastern Time (US and Canada)

 

First Review of The Trials of Rasmea Odeh

Cary Nelson, emeritus professor at the University of Illinois and former president of the AAUP, has reviewed The Trials of Rasmea Odeh in the UK journal Fathom. The review is quite favorable:

Lubet’s meticulously researched and documented book gives us the first full account of Odeh’s life we have had. It required a great deal of original research. The results make for compelling reading and constitute an important addition to the historical record and to our understanding of contemporary politics.

Lubet wants to settle the debate about Rasmea Odeh’s guilt once and for all, and he succeeds, but most likely only for those for whom facts matter. These are debates in which hardened views prevail. For those of her supporters only interested a portrait of a heroic victim, a more complex life story may only be an inconvenience.

Nelson does think, however, that I was too sympathetic toward Odeh:

The book does, on the other hand, give an unexpectedly sympathetic portrait of Odeh herself, despite the fact that a major impulse behind writing it was to gather for the first time all the evidence proving beyond any doubt that she is guilty of murder. . . .

Unlike Lubet, I do not find her ‘beyond question a sympathetic figure’ (115). Her story is complex, and her journey is in many ways extraordinary. But her work in Chicago does not turn it into a story about redemption. 

That is fair observation. As a recovering criminal defense lawyer, however, I still try to see the humanity in everyone.

Fathom is not paywalled. You can read the entire review here.

Taboo Trades on the Private Law Podcast

On the latest episode of The Private Law Podcast I discuss Taboo Markets and Trades with Felipe Jimenez. It was a wonderfully engaging conversation, due to Felipe’s thoughtfulness and knowledge. The topics ranged from sex work and egg and sperm markets to kidney donation and the Bad Art Friend.

You can listen here

or here

 

 

It’s also on Apple, Spotify, and other services.