The Faculty Lounge

Lodi

John Fogerty never visited Lodi before he wrote this song, just as he never worked on a Mississippi riverboat, but he still succeeded in expressing a nearly universal sentiment. The residents of Lodi, in California's Central Valley, do not seem to mind being identified as an obscure and stuckable place, having used "Stuck in Lodi" as the theme for municipal events.

Although it was originally released as the B side of "Bad Moon Rising," it has become one of CCR's most frequently covered cuts. Don't miss Fogerty's explanation of the song at the bottom of this post.

DePaul Faculty Hiring Announcement - Con Law + Related Subjects

DePaul University College of Law invites applications for a full-time faculty position expected to begin July 1, 2022. We have a particular need in the area of Constitutional Law and related subjects. DePaul College of Law is dedicated to fostering an equitable and inclusive academic community. We enthusiastically encourage applicants who would enrich the diversity of our community to apply.

To learn more about the College, please visit https://law.depaul.edu/Pages/default.aspx. 

Required Qualifications:

All candidates must hold a J.D. or equivalent degree, with preference for lateral candidates who have previously taught constitutional law or related subjects.  Interested candidates should apply online at http://apply.interfolio.com/99295. 

Special Instructions to Applicants:

To ensure full consideration, please submit an application by January 7, 2022.

Required materials include a cover letter, curriculum vitae, list of references, research statement, diverse learning environment statement, and writing sample. Please direct any questions about the position to lawappointments@depaul.edu.

DePaul Law is committed to improving society by educating purpose-driven lawyers who will serve their clients, the legal profession, and the broader community in ways that enhance access to justice and promote equitable policies and processes. To learn more, please visit https://law.depaul.edu/Pages/default.aspx.

A New Vocabulary Word, but Was It Necessary?

This quote is from yesterday’s decision by the District of Columbia Circuit in Trump v. Thompson, turning down Trump’s attempt to block the House of Representatives’ committee subpoena for White House records related to the January 6 insurrection. It relates to a minor point about the waiver of arguments:

In this court, “mentioning an argument in the most skeletal way, leaving the court to do counsel’s work, create the ossature for the argument, and put flesh on its bones is tantamount to failing to raise it.”

I had never seen the word “ossature,” though its meaning is evident from both the context and Latin root. In any case, it seems redundant. Once an argument is skeletal, isn't the ossature already there? And no, the quoted passage is not from a Judge Bruce Selya opinion; he is on the First Circuit. It is actually Judge Patricia Millett quoting her own opinion in Maloney v. Murphy (2020).

More on Hypocrisy and Israel Boycotts

Originally posted on Social Science Space 12/08/2021  by Steven Lubet

In an essay last month on Social Science Space, I pointed out the hypocrisy of activists who demand maximum academic freedom for themselves while at the same time promoting a boycott of Israeli institutions (BDS) that would limit the academic freedom of many others. The example I offered was Prof. Dan Segal of Pitzer College, who wrote a post on the AAUP’s Academe Blog bemoaning his investigation by the college for “harassment on the grounds of sex/gender [and] ancestry,” in which he was ultimately cleared. Segal persuasively argued that lengthy investigations into meritless claims can erode academic freedom by discouraging candid discussions in the classroom. My essay agreed with Segal’s view that “academic freedom protections shield all conduct and speech made in the delivery of legitimate course content” (italics Segal’s).

The hypocrisy, however, was evident in a post on Segal’s personal blog, where he objected to a course offering at Canada’s McMaster University – “The Beginning of Science: Ancient Egyptian and Babylonian Conception of Space and Time” – because it was co-taught by an Israeli professor in conjunction with Tel Aviv University. “Virtual or online educational partnerships,” he said, “deserve our boycott as much as those that happen in person.”

Segal has now posted on open letter, also on Social Science Space, complaining falsely that I misrepresented his views. I have therefore copied Segal’s key paragraphs below, with my own responses in italics.

A Response to ‘When Academic Freedom Proves a One-Way Street’

Published on 11/23/2021 By Dan A. Segal

I appreciate being read, but do not appreciate being misread.

I do not hold, and actively oppose, many of the views you, Professor Lubet, have projected on to me in “When Academic Freedom Proves a One-Way Street.” The positions I articulated in the blog entry you discuss involve no objections to Pitzer or McMaster hiring Professor Eshbal Raston for a position for which she is fully qualified and the best available candidate. Full stop. Contrary to what you have claimed about my views, I do not support barriers to hiring an individual on the basis of their “nationality” or any other factor unrelated to their being qualified for a given position.

Segal magnanimously allows that Prof. Ratson should be eligible for a faculty appointment in Canada if she is willing to quit her current position and leave her home. As long as she remains affiliated with Tel Aviv University, however, he insists that she should not be permitted to co-offer a class with a colleague at McMaster. This alone is a restraint on the academic freedom of both Prof. Ratson and Prof. Symons, the faculty member at McMaster, because it prevents them from fully cooperating – in Segal’s own words, on “the delivery of legitimate course content” – for the benefit of students at both universities.

Segal’s claim that Ratson could still figure out some way to teach at McMaster is the equivalent of the Red State legislators who defend the hours-long lines at the polls in Democratic districts. People can still vote if they try hard enough; they just have to endure onerous conditions and overcome obstacles if they hope to do it.

The Palestinian BDS campaign—which I proudly support—is clear that it embraces academic freedom and rejects boycotting individual scholars. It calls instead for opposing institutional relationships with Israeli universities (italics Segal’s).

That is indeed what the BDS movement claims. Even if true – and there are numerous cases where boycotters have gone much further, including the rejection of journal submissions by Israeli authors – it is still a restraint on academic freedom. As I clearly recognized in my essay, “Segal does not advocate totally obliterating the academic freedom of the two professors.” A significant constraint on academic freedom is still objectionable, however, even if it leaves open a hypothetical possibility that the boycotted academics can find a viable work-around. In the world of free speech scholarship, we call that a burden on the exercise of a fundamental right, and we do not like it.

I ask that you reread—slowly, carefully, and closely—my blog post on the McMaster case. And I hope that when you do, you will recognize an ethical obligation to correct, publicly, your mistaken claims about my views.

Segal’s condescension aside, I read his blog post thoroughly and summarized it accurately, with appropriate quotations. As I explained in detail above, it is quite apparent that he does not believe in full academic freedom for Israeli scholars, or for North American academics who want to work with them. He is disingenuously unwilling to come out and say it.

The hypocrisy of Segal’s position is that he simultaneously demands the broadest version of academic freedom for himself, claiming that enduring even the slightest hesitation is a violation of his rights. “I know that this experience [the investigation, in which he was completely exonerated] has impacted my teaching,” Segal explained in his Academe Blog post. In some class sessions, he continued, “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.” Thus, academic freedom must be as expansive as possible for the right people (Segal) and sharply curtailed for the wrong people (Israelis).

It is a considerable difference between us that I was raised to think that if one writes a criticism of someone else, one should share that criticism with the person one is criticizing—as a matter of both respectful candor and a commitment to robust dialogue and debate (the very goals of academic freedom and speech rights!). 

I do not doubt that Segal had quite an excellent childhood, but it evidently did not include instruction in journalism’s ethics. If I had reported a negative fact about Segal, I certainly would have contacted him for a response. There is no similar convention for opinion pieces, either before or after publication. In just this year, I have written critically about the president of the University of Florida, a Texas congressman and a Missouri senator, a Canadian psychiatrist, a dean at the Yale Law School, and several SCOTUS justices, among others. I did not send my essays to any of them (or to the many people whom I praised), and nobody but Segal has ever complained about it.

Segal’s declared “commitment to robust dialogue and debate” is as insubstantial as his faux respect for academic freedom. In fact, Segal boasts in his bio that he is “proud to serve” in the organizing collective for the U.S. Campaign for the Academic and Cultural Boycott of Israel (PACBI), an organization that specifically opposes all participation in academic activities such as “events, projects, or publications that are designed explicitly to bring together Palestinians/Arabs and Israelis so they can present their respective narratives or perspectives, or to work toward reconciliation.” Not much dialogue; plenty of hypocrisy.

CFP: Jaharis Health Law Symposium

The DePaul Journal of Health Care Law, Mary and Michael Jaharis Health Law Institute, and Center for Intellectual Property Law & Information Technology (CIPLIT®) are excited to announce a Call for Papers in connection with the 2022 Jaharis Health Law Symposium.

This year’s topic, “Antitrust and Access to Care: Lessons from Market Consolidation and a Public Health Crisis,” will explore how consolidation across health care markets has impacted access to care. Prominent legal scholars, antitrust enforcers and expert practitioners will address a range of questions through four separate panels focusing on health insurance, pharmaceutical, hospital and digital health markets.

Three papers will be selected from the submissions. Each selected author will receive a $500 honorarium and their article (of approximately 10,000 words) will be published in the Symposium issue of the DePaul Journal of Health Care Law. Full article drafts will be due by June 1, 2022.

We are open to a wide range of topics consistent with the Symposium theme but are particularly interested in papers from scholars with diverse experiences and backgrounds researching health insurance or pharmaceutical markets, as well as papers from junior scholars.

The Symposium will be held both in-person and remotely at DePaul College of Law in Chicago on March 10, 2022. Presenters able to appear in person will receive reimbursement for reasonable travel expenses.

Please submit an abstract of no more than 500 words to asetrini@depaul.edu by January 15, 2022, with the subject line “Jaharis Symposium: Call for Papers.” You also may submit an optional statement of no more than 500 words describing how your selection would enhance the diversity of the Symposium.

Judith Welch Wegner (1950-2021)

Judith Welch Wegner died on December 3, 2021 after a short illness.  She is survived by Warren, her husband of nearly 50 years; a brother, a sister, sister-in-law, two nieces, three nephews and numerous friends.  She was 71 and she and her husband had moved to Nantucket, Massachusetts following her 2016 retirement as a faculty member at UNC School of Law.

Wegner joined the law school faculty in 1981.  She served as dean from 1989-99, contributing in numerous ways to the welfare of the law school, including hiring diverse faculty and staff, implementing an externship program, reforming the curriculum, securing funds for and constructing a major law school building addition, and strengthening ties with alumni and the campus at large.  She supported the development of the UNC Festival of Legal Learning (a major continuing education program) and served as director of the program for many years until her retirement.

In addition, Wegner served as president of the Association of American Law Schools (1995) and as a senior scholar with the Carnegie Foundation for the Advancement of Teaching (where she was co-author of Educating Lawyers, published in 2007).  She also served the campus and UNC System, first as elected chair of the UNC Chapel Hill faculty (2003-2006) and later as chair of the Faculty Assembly representing all UNC system campuses (2008-2010).

In addition to focusing on innovative legal education, Wegner’s scholarship centered on state and local government law (State and Local Government in a Federal System, in numerous editions).  She was the recipient of the Ernest Ball award for excellence in municipal law from the North Carolina municipal lawyers. Wegner also served on numerous local elected and appointed committees and state legislative committees including the Carrboro Town Council, Orange County Planning Board, and General Statutes Commission. She took special pride in mentoring students and colleagues involved in the field of municipal law.

Wegner was born in Windsor, CT in 1950, and attended public schools there. She received her B.A. from the University of Wisconsin (Madison) in 1972 (phi beta kappa), and her law degree from UCLA in 1996 (order of the coif).  Prior to joining the UNC Law faculty, she worked in Washington, D.C. as an attorney in the Department of Justice and as a Special Assistant to the United States Secretary of Education.  She asks that contributions in her honor be made to the UNC School of Government Foundation.

SMU Dean Jennifer Collins Named President of Rhodes College

Rhodes College has announced that its new president will be Jennifer M. Collins.  Collins has been the dean of SMU Law since 2014.  She will make the move to Tennessee on July 1, 2022.

Barry University School of Law Seeks: Tenure-Track Faculty to Teach Legal Research & Writing (LRW)

Barry Law is seeking to fill one or more full-time, tenure-track faculty positions beginning in the Fall 2022 semester and is particularly interested in receiving applications from candidates who teach primarily in Legal Research & Writing (LRW).

 

The School of Law endeavors to offer a quality legal education in a caring environment with a religious dimension so that study and reflection lead to informed action and a commitment to social justice leads to collaborative service. The School of Law seeks to challenge students to embrace intellectual, personal, ethical, spiritual, ecological, and social responsibilities in an atmosphere of

academic freedom. The program strives to equip its graduates to apply the knowledge, values, and skills they acquire to enhance personal growth, the legal profession, the judicial system, society, and the Earth community.

 

Qualifications/Requirements:

Juris Doctorate.

A record of high academic achievement.

Demonstrated potential for superior and productive scholarship.

Experience in and demonstrated success and excellence in law school teaching.

Commitment to the mission of the School of Law and its curricular and instructional methods and goals.

 

Candidates must submit the following:

Resume or curriculum vitae.

Cover letter.

Contact information for three professional references.

Please note: additional documentation may be requested at any time.

 

Benefits: Barry University offers a comprehensive benefits package to full-time employees that includes health, dental, vision, life insurance, retirement, tuition assistance, paid time off and work/life balance initiatives such as wellness programs, spirituality in the workplace, and training and development.

 

Barry University is an Equal Opportunity Employer, committed to a diverse and inclusive work environment.

 

Applications will be accepted on a rolling basis. Please submit application materials through the link below or via email to the Chair of the Faculty Appointments Committee, Professor Stephen Leacock, at sleacock@barry.edu. Further information on the openings may be found at: https://barryu.wd5.myworkdayjobs.com/en-US/BarryU/job/Orlando--Law-Campus/Assistant-Associate-Professor-of-Law_R0004725.

Former Law School Faculty Member Elected to the Baseball Hall of Fame as a Player [UPDATED]

I am pleased to report that Minnie Minoso has finally been elected to the Baseball Hall of Fame, making him the only former member of a law school faculty in Cooperstown (and making Northwestern the only law school faculty represented by a player in the Hall). Minnie was represented by Dennis Ferrazzano, who was the William H. Trumbull lecturer and adjunct professor at Northwestern University Pritzker School of Law from 1979 to 1999 (and was awarded the Robert Childres Memorial Teaching Award in 1985).  Dennie brought Minnie to several of the student-faculty softball games in the 1980s, and we voted him an honorary member of the faculty instanter. As it was with the White Sox and other MLB teams, his performance was legendary. The adjoining photo is from 1987.

Orestes “Minnie” Minoso (1925-2015) was one of the great players in major league baseball. He was the first Black player on the White Sox in 1951 (two years before Ernie Banks broke the color line on the Cubs) and the first Black Latino player in the major leagues in 1949. You can read more about him here, here, and here. He had a lifetime batting average of .299 and played in nine All-Star Games (in seven seasons). He had over 2000 hits and over 1000 RBI. He was hit by pitches 16 times in his first season (a shameful statistic that shows what he had to endure, in addition to name calling by opposing players). 

Minoso began his professional career in Cuba, and then played for the New York Cubans in the Negro League for two years. He was signed by Cleveland in 1948, and played in MLB in five separate decades, mostly for the White Sox, making his last plate appearance with the White Sox in 1980 (before retiring and playing for the NULS Faculty All-Stars).

There may be HOF managers and executives who have taught law school classes, but I believe Minoso is the only player ever voted onto a law school faculty.

UPDATE: It turns out that Hank Greenberg was briefly appointed our honorary dean for the 1960 softball game -- recruited by then-3L Jerry Reinsdorf (not yet the owner of the Bulls and White Sox). So it turns out that we have two former faculty members in the Hall of Fame.