The Faculty Lounge

Puttin' on the Ritz [UPDATED]

"Puttin' on the Ritz" was written by Irving Berlin in 1927 and introduced by Harry Richman in a 1930 film of the same name. That was only three years after the "The Jazz Singer," so "Puttin' on the Ritz" was one of the first songs to become famous from a movie. It has been more closely associated with Fred Astaire, who also recorded it in 1930, and sang and danced to it in the 1946 film "Blue Skies." And of course, Gene Wilder and many others -- including Judy Garland (see update at the bottom of this post).

Hiring Announcement: University of San Francisco School of Law

From an email message that I received earlier today:

The University of San Francisco School of Law is seeking applicants for a visiting professor in Criminal Law for the 2023-2024 academic year. The Visitor may also have the opportunity to teach an elective/seminar, if the schedule permits, as part of a commitment to two courses each semester.

Details/Application

 

UPDATE: The Breaching of Macomb’s Dam(n) Bridge

One writing truth that I learned (relearned?) writing Naming Gotham: The Villains, Rogues, and Heroes Behind New York Place Names is that book publishers are serious about word limits. Unlike a law review article where the word limit is more of a suggestion, my publisher gave me a hard upper limit for words in the book. I ran out of space long before I ran out of words. So, I have taken to blogging because there are more stories I want to tell. This is one of them. You can read about the book project here, and the first installment of this saga here. 

When we last met, Robert Macomb had constructed his dam(n) bridge across the Harlem River . The New York legislature had granted him the right to build the dam so long as it did not impede navigation. Legislation authorizing the dam explicilty required Macomb to build and maintain a lock to ensure that the river remained navigable. 

Macomb ignored this injunction, much to the fury of the growing population of Westchester that was now cut off from New York harbor.  After Macomb’s dam was completed, boats seeking to traverse this portion of the river had to unload above the dam, haul the boat over the bridge, and then reload the boat. This was hard, dangerous work that made navigation well nigh impossible.

Enter Lewis Gouverneur Morris, scion of the wealthy Morris family that owned parts of Westchester and much of the Bronx, including the areas presently known as Port Morris and Mott Haven.  The family was extremely politically powerful. Lewis’s grandfather was Chief Judge of the New York Supreme Court, and his great-uncle Gouverneur Morris not only signed the Declaration of Independence, but also wrote the preamble to the Constitution.

Westchester landowners  drafted a Remonstrance to the State Legislature. This Remonstrance, signed by more than 100 people, averred that before the construction of Macomb’s dam the Harlem River was navigated by schooners, sloops and other vessels. Although the main thrust of this Remonstrance dealt with the High Bridge and the Croton aqueduct, it also documented and complained of the navigation problems caused by Macomb’s dam. They appointed Lewis G. Morris as their agent for addressing this problem.  Lewis brought the Remonstrance to Albany, but also took on a less orthodox role in solving the navigational challenges.

Characterizing Macomb’s dam as a public nuisance, these leading citizens of Westchester decided to take matters into their own hands. Declaring that “any person injured or incommoded by said nuisance [could] abate the same,” they deputized Lewis G. Morris and vested him with authority to remove enough of it to allow navigation. They not only agreed to pay the costs of this direct action, promised to bail out anyone who was arrested, but also advised “We recommend the employment of a strong force of men and scows, that the work may be promptly effected, and to the end of obviating opposition.” 

On August 31st 1838, Morris and his entourage boarded the Schooner Superior and sailed up to Macomb's dam. They demanded passage through the dam to deliver a load of bricks upstream.  The Bridge keeper (remember there was an illegal toll bridge atop the dam) stated the obvious—that he could not let them through because the bridge had no lock and thus there was no way for a schooner to pass.  

On September 8^th, Morris and entourage again returned in a sailboat and demanded passage through Macomb’s dam. Again they were denied, there being no lock that could afford them passage.

Finally, on the evening of September 14^th, Morris and his entourage returned once more, this time on Nonarpiel, a vessel hired to transport coal from New Jersey to Morris’s residence upriver from the dam. Morris again demanded passage through the dam.  Upon being denied passage, Morris and his men began “quietly and in a peaceable manner commence taking down part of said dam and bridge, and did take up sufficient thereof to let said vessel pass through.”

Under Morris’s direction, 63 men spent much of the next week dismantling Macomb’s dam, ultimately removing roughly three spans of the dam and demolishing one of the abutments. Through her trustee, Mary Pell Cornell Macomb sued (Robert had already died) alleging a trespass. After a trial on the merits, the judge instructed that “if the jury should find [the dam] was a public nuisance then the defendant had a right to abate it by his own act” and “that in doing so, the defendant had a right to remove so much of the dam as was necessary to make a safe and convenient passage for all vessels.”  The jury ruled for Morris on all counts. The appeals court not only affirmed but also awarded Morris roughly $400--the cost of dismantling the dam.

In 1854, the City of New York repossessed Macomb’s dam, and four years later, the New York legislature finally directed New York City and Westchester County to remove the dam and build a new toll-free bridge. To facilitate navigation, this bridge was built as a swing bridge. The bridge was landmarked in 1992. 

Check out Naming Gotham to learn more about the gossipy backstory behind New York City infrastructure.

Bonus: The multiple civil proceedings that emerged from this incident were among the earliest affirmations of the federally guaranteed freedom of navigation and an early definition of waters of the United States. These cases also framed a robust theory of public nuisance that might be of interest to environmental lawyers today.

Added Bonus for Property Professors: Robert and Mary Macomb were extremely litigious.  One of their many cases, Baker v. Lorillard, provides a remarkable tour of estates in land, including how to interpret ambiguous grants after the legislative elimination of fee tails, the consequences of partitioning estates encumbered by life estates, and the various ways vested remainders might be divested by executory interests.

Hiring Announcement: Jacksonville University College of Law (Associate Dean for Academic Success and Bar Prep)

From an email message I recently received:

The Jacksonville University College of Law is a newly founded Juris Doctor program in the thriving legal community of Jacksonville, Florida. The College, as the newest addition to this community, is committed to building a strong, educated legal workforce to help shape a bolder future for Jacksonville, and beyond. The College opened in Fall 2022 and provides a comprehensive legal education centered on the study of law inside and outside the classroom, practical training, the development of lifelong learning skills, professionalism, ethics, and service.

The inaugural Associate Dean for Academic Success and Bar Preparation for the Jacksonville University College of Law will be responsible for designing, implementing, and overseeing a collaborative, forward-thinking, student-centered program to support our students from the 1L year through bar passage. Familiarity with the NextGen bar exam and ABA accreditation process will be highly valued, as will appreciation and enthusiasm for the unique challenges and opportunities of building a new law school.

This is a tenure-track or non-tenure track faculty role, depending on the candidate’s interests and qualifications. The Associate Dean for Academic Success and Bar Preparation will have the opportunity to teach in the academic success program and elsewhere in the curriculum as fits with their curricular interests and the College’s program needs. The ideal candidate will have a commitment to excellence in teaching, scholarship, and service, and will be highly engaged with the legal and academic community, including bar examiners and other bar-related entities.

To apply, please send a cv, cover letter, and names of 3 references to the Appointments Committee at [email protected] (Nathan Richardson and Vanessa Zboreak, co-chairs).

 

Beth McCormack Named Dean of Vermont Law

Vermont Law School has announced that Beth McCormack will be its new dean.  McCormack joined the faculty in 2011 and has served as assistant director of the legal writing program, vice dean of students, deputy vice dean for academic affairs, interim president and dean.  She holds a JD from Vermont Law.   

2023 Emerging Immigration Scholars Conference Call for Proposals

The steering committee for the 2023 Emerging Immigration Scholars Conference is now accepting proposals for works-in-progress or incubator ideas.    

The 2023 Conference will take place June 15 and 16, 2023, at the George Washington University Law School in Washington, D.C. If you wish to be considered for a works-in-progress or incubator session, please submit your proposal to [email protected]. Historically, "emerging" has been interpreted to include scholars with 10 years or less of experience in academia; however, we aim to be more inclusive this year, as this is the first gathering since before the pandemic.

We are also seeking discussants who will read and comment on the works-in-progress or incubator ideas. 

If you want to propose a work-in-progress:

• Please put “ImmProf WIP [Lastname]” as the subject line
  • Please submit an abstract of no more than one page, with a title.

If you want to propose an incubator:
• Please put “Incubator [Lastname]” as the subject line
• Please submit a description of no more than one paragraph, with a title.

If you would be willing to be a discussant:
• Please email us by April 10 with a list of your areas of expertise.

Possibility of virtual attendance for limited sessions:
• We aim to hold this year’s conference entirely in person. However, we might offer virtual options for certain sessions if there are many people who can only attend virtually. If you believe you would only be able to attend or present virtually, please add “VIRTUAL” to your email subject line (i.e., “ImmProf WIP [Lastname] – VIRTUAL.”)

The deadline for submissions is Monday, April 10. We anticipate notifying accepted WIP or incubator proposals by April 24. Final papers will be due on June 1, 2023. Further information about the conference schedule and registration is forthcoming.

Please feel free to email [email protected] or contact any member of the conference steering committee directly with questions or concerns.

 
Sincerely,

The 2023 Conference Steering Committee:

Cori Alonso-Yoder, George Washington University Law School
Kate Evans, Duke University School of Law
Pedro Gerson, California Western School of Law
Annie Lai, University of California, Irvine School of Law
Tania Valdez, George Washington University Law School
Paulina Vera, George Washington University Law School

Kentucky Law Seeks Visitors in Civil Procedure, Criminal Law, Commercial Law + More

THE UNIVERSITY OF KENTUCKY ROSENBERG COLLEGE OF LAW invites applications for one or more Visiting Professors for one or two semesters during the 2023-2024 academic year. The College is seeking to fill needs in several areas of law. Key subjects include Civil Procedure, Criminal Law, and Commercial Law, but we have needs across the curriculum and are therefore interested in considering candidates who teach in areas that are not included in this list of priorities. The successful candidate will teach two courses per semester, for either one or two semesters. The Rosenberg College of Law is an important part of a major research university and offers a collegial and supportive atmosphere for its faculty, staff, and students. Applicants should have a J.D. from an ABA accredited law school, a record of high academic achievement, and teaching or practice experience in the subject area of interest. Salary for this position will be commensurate with experience.

Lexington is in the center of the Bluegrass, an internationally acclaimed cultural landscape, and in close proximity to Louisville and Cincinnati. It is a community of 300,000 and is distinguished by its rating as one of the top 10 most educated cities in the nation (according to the U.S. Census), top 5 cities for young professionals (Kiplinger), top 3 mid-sized cities for lowest cost of living (KPMG LLP), and top 5 cities to raise a family (Forbes). More information on Lexington is available at http://www.visitlex.com and http://www.aceweekly.com.

The University of Kentucky is an Equal Opportunity University that values diversity and inclusion. Individuals with disabilities, individuals from minoritized populations, veterans, women, and members of other underrepresented groups are encouraged to apply.

To be considered, applicants must apply through the University of Kentucky’s Integrated Employment System. Please include a CV and cover letter along with the application. Please also include contact information for at least three references when prompted in the application system. Applications will be reviewed and accepted until the position is filled, with priority given to applications received by April 7th, 2023.

If you have questions concerning the position, please contact Associate Dean of Academic Affairs Jennifer Bird-Pollan via email at [email protected].

Laura Rosenbury Named President of Barnard College

We're pretty late to the party on this but Barnard College has announced that Laura Rosenbury will be its next president.  Rosenbury is currently dean at Florida Law.  She will assume the Barnard Presidency on July 1, 2023.  

UA Little Rock Names Two Dean Finalists

University of Arkansas Little Rock has announced that their two law school dean finalists are Colin Crawford (Golden Gate University) and Christian Johnson (Widener).

Name Calling at Stanford

The Hill has published my take on the recent incident at Stanford, where students shouted down a federal judge who returned the rudeness in kind.

Here is the gist:

The Hill

Chaos and rudeness at Stanford 

 03/21/23 

It is unusual for a controversial event to end with absolutely everybody looking bad, but that is what happened on March 9 at Stanford University Law School, when the Federalist Society chapter sponsored a talk by Judge Stuart Kyle Duncan, an ultra-conservative firebrand appointed by President Trump to the Fifth Circuit Court of Appeals. The judge, the student protesters and an on-scene administrator all played to type, exhibiting arrogance, intolerance, and irresponsibility, respectively, that combined to make the afternoon a fiasco for all concerned.

The loud heckling started almost as soon as Duncan began speaking, frequently drowning him out and making it impossible for the Federalist Society members to hear their guest. The insults ranged from pointed to shockingly vulgar, continuing almost nonstop for about 12 minutes until Duncan asked for an administrator to intervene.

Up stepped Tirien Steinbach, the associate dean of diversity, equity and inclusion (DEI).

She commended the protesters for “what is going on here,” took a few more jabs at Duncan, and finally reminded the students that “you do not need to stay” and asked them to “give space” for Duncan to answer questions.

Although the heckling had abated and the most exercised students were gone, Duncan called the remaining questioners “infantile,” “ridiculous” and “a bunch of hypocrites,” singling out one as an “appalling idiot.”

In later interviews, Duncan continued to call the protesters idiots, their tactics “dogshit” and DEI Dean Steinbach “creepy.”

Going forward, perhaps we can hope that students will learn to exercise better judgment. We ought to expect it from administrators. We must demand it from judges.

You can read the entire essay in The Hill (no paywall).

Robert Macomb—Lawyer for the Ages?

In writing Naming Gotham: The Villains, Rogues, and Heroes Behind New York Place Names I discovered that ran out of space long before I ran out of words. So, I have taken to blogging because there are more stories I want to tell. This is one of them. You can read about the book project here, and the next installment of this saga here.

If you drive up FDR Drive on your way to the George Washington Bridge, you will pass Macombs Dam Bridge (at one time there was an apostrophe--Macomb's Dam Bridge because it belonged to Robert Macomb--but the apostrophe was lost to history.) The current iteration of Macombs Dam Bridge is a swing bridge, built in 1896.  At the time, it was the worlds heaviest movable object. It is also very beautiful (photo of Edward Hopper 1935 photo courtesy of Wikimedia Commons)

The story behind the bridge, like so much our our named New York infrastructure, is a window into history.  Few New Yorkers have even heard of the Macomb family, or the outsized role they played in New York and United States history.  While Naming Gotham goes into detail about Alexander Macomb Sr.'s shady financial dealings, and Alexander Macomb Jr.'s military exploits, today I want to talk about the youngest male member of the Macomb clan and his own special brand of sleaze.  Maybe a better name would have been Macombs Damn Bridge

Meet Robert Macomb: Grifter Extraordinaire  

Born in 1783, Robert Macomb was the youngest son of Alexander Macomb Sr., a Revolutionary war-profiter who made a fortune  supplying the British forces in Ohio with food and arms. After the war, Alexander moved his family to New York City where he turned his talents for grift to land speculation. For a brief period Alexander owned most of the Adirondacks, and all of the Thousand Lakes, until his scheme with William Duer to corner the US debt market backfired, causing the Panic of 1792 and landing him in debtors prison.

Despite his father's drama, Robert grew up in the lap of post-revolution luxury. In fact, the Macomb family house became the first official residence for President George Washington. The family enslaved at least 12 Black people, making them the third-largest slaveholders in New York City.

Robert studied law at Columbia. Family political connections got him appointed clerk of the New York criminal court in 1811.
This involved first ousting the sitting clerk, John W. Wyman a move the New York Morning Post called “an instance of injustice and oppression scarcely paralleled in the annals of our state affairs.” (Robert Macomb painting by Edward Green Malbone, CCO, donated to Wikimedia Commons by the Metropolitan Museum of Art)

He didn’t last long in the job.  

In 1817, the New York Evening Post published multiple articles accusing Robert of malfeasance, alleging that Robert was “prostituting” his office as clerk of court “to the vilest, meanest, most mercenary and even dishonest purposes.” Specifically, the paper alleged that Robert sold pardons to convicted criminals, and pocketed fines and bail money paid into the court. Robert brought a libel action and lost spectacularly—the paper’s editor easily persuading a jury to rule in his favor on the ground that that truth was an absolute defense to libel. (People v. William Coleman). Robert was forced to resign his post. Attempts to get him to pay back the money floundered, with the committee formed to recoup funds characterizing Robert as "shuffling and evasive."

 

Forced out of public service, Macomb turned his hand to industrial and land development. Most notably, he obtained legislative approval to build a dam across the Harlem River to power a grist mill his father had build and then lost in bankruptcy. Robert bought it at the Tontine House bankruptcy sale. Article II of the legislative act approving the dam expressly required "[t]hat said dam shall be made and built as to admit the passage of boats and vessels accustomed to navigating the same, by means of a good and sufficient lock, gate, or apron or other contrivance and the said Robert Macomb, his heirs and assigns, at his or their own expense, shall keep and provide a suitable person to attend the same, so that no unnecessary delay may happen to those who may have occasion to pass the same." Article III provided a fine of $5 per instance for every time someone incurred "unnecessary delay." And, he was denied permission to build a toll bridge atop the dam. Robert was never one to let a legal technicality (in this case an express limitation in his legislative deed) stop him from making a buck. So, he built Macombs Dam Bridge without a lock, low enough to block navigation, and then built a toll bridge anyway. 

 After all, when your father’s “mad speculation” caused the Panic of 1792, and you are continually overshadowed by your older brother’s military exploits that helped save the Republic, AND you’ve just been forced out of your cushy government job, why not build an illegal dam and then add an illegal toll bridge on top.

Ah New York  . . .  Lawyers deciding they are above the law.  Real estate developers doing whatever they please, regardless of the public’s interest. Well-connected grifters leveraging old family ties into sinecures and then abusing their authority to line their pockets.  Plus ça change, plus c'est la même chose.  

Next Installment—The Breaching of  Macombs Dam Bridge—Enter Lewis Gouverneur Morris.

If you enjoy this kind of gossipy history, be sure to check out Naming Gotham!

UGA Law Seeks New Faculty for Emerging Scholars Program

This just in:

The University of Georgia School of Law invites applications to join our future law teachers’ program as a Limited Term Assistant or Associate Professor. Positions will begin August 2023 or January 2024, and are limited to two academic years. We welcome candidates with a J.D. who are applying directly from legal practice or from non-traditional professional careers in the legal field. A demonstrated interest in teaching a core course (e.g., any first-year course, criminal procedure, evidence, corporations, bankruptcy, or tax) is preferred. Diversifying faculty is an important strategic goal.

Applicants must be committed to producing world-class scholarship, providing first-rate legal training and engaging in meaningful service. Teaching two courses per academic year will be expected, beginning in the second semester of residence and after consultation with the Associate Dean of Academic Affairs. Interest in pursuing a full-time, permanent job in legal academia and active participation in the Law School’s mentorship and faculty development program will be required.

All applications will be considered until the position is filled. Interested persons should submit a letter of interest and curriculum vitae/resume at https://www.ugajobsearch.com/postings/306433.

The University of Georgia is an Equal Opportunity/Affirmative Action employer. All qualified applicants will receive consideration for employment without regard to race, color, sex, sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status. Persons needing accommodations or assistance with the accessibility of materials related to this search are encouraged to contact Central HR [email protected]. Please do not contact the department or search committee with such requests.