The Faculty Lounge

Please Don't Talk about Me When I'm Gone

"Please Don't Talk about Me When I'm Gone" was written in 1930 by Sammy Stept and Sidney Clare, the latter of whom was best known for comic songs such as "Good Ship Lollipop" and "Ma, He's Makin' Eyes at Me." It was almost immediately a hit, with multiple popular big band releases in 1931. It has been a staple ever since, with dozens of covers by major artists in many genres. I first heard Billie Holiday's version.

Linda Greene Stepping Down as MSU Law Dean

The Michigan State University College of Law has announced that Linda Greene will step down as dean of the law school at the end of the calendar year.  Greene became dean in 2021.  She will join the faculty.

Kathleen Guzman Stepping Down as Dean of Oklahoma Law

The Oklahoma University College of Law has announced that Kathleen Guzman will step down as dean at the end of the 2023-2024 academic year.  Guzman was appointed as dean in 2021; she was named interim dean since 2019. 

Call Me J.D., Destroyer of Dreams: Some Thoughts on Preventive Lawyering

Like many readers of this blog, I sit on several non-profit boards of directors. For decades, pro bono service activities of this nature have been a steady and rewarding presence in my professional life, connecting my interests as a law professor with service to organizations that are working to effect positive change.

Many of the groups that I have affiliated with are of the more grassroots varieties. In contrast to larger, more well-funded entities, these organizations often survive on shoestring budgets and have limited staffing. Although it’s not unusual for the big non-profits to have their own lawyers to handle various legal matters and to be watchful for potential liability issues, the smaller groups cannot afford in-house counsel and generally retain legal advice and representation only when specific matters require doing so.

Consequently, on frequent occasion, these smaller groups may ask board members who are lawyers to serve as initial issue spotters for situations that raise liability concerns. This is especially the case when the organization’s activities may have created legal exposure that had gone unnoticed during the more creative and enthusiastic phases of work done by staff.

When information about such activities is brought to the board’s attention, perhaps via a discussion preceding a vote for approval, this is when a J.D.-holding board member may raise their hand and say…

“This is a great idea, but I have a concern….”

It’s probably a healthy thing when folks thinking about how to do their jobs imaginatively and inventively aren’t always asking about liability exposure at every step of the process.

But one of the most valuable roles that lawyers can play is to look at a new program or idea and ask, what could go wrong, what is the liability exposure, and is it possible to minimize that exposure without closing or substantially limiting a useful activity?

During my years of service on non-profit boards, I have sometimes found myself playing this role. The standard setting is a board meeting where a new idea or program is shared and receives an enthusiastic reception on its merits. But as folks are expressing their excitement, I’m quietly asking myself what could go wrong and speculating on how that scenario might implicate potential liability. (This may be the special curse of someone who teaches employment law and once taught torts.)

If I can imagine plausible scenarios raising legitimate concerns about unintended risks and legal exposure, then I will raise my hand and explain what I see as the attendant liability risks. In some cases, I will urge caution before adopting or implementing an idea until these concerns are addressed.

In somewhat self-conscious fashion, I have sometimes quipped that my board role is to be the “destroyer of dreams,” i.e., serving as the legal wet blanket who holds up the works because of liability concerns. Sometimes the line gets a chuckle.

Risa Goluboff Stepping Down as Dean of UVA Law

The University of Virginia has announced that Risa Goluboff will step down as dean on June 30.   She became dean in 2016 and will return to the faculty.

CFP: AI & the Law: Practice, Ethics, & Access

This just in:

The Georgia State Law Review is excited to announce our 2024 Symposium: “AI & the Law: Practice, Ethics, & Access.” The Law Review invites you to submit articles or essays for Volume 40, Issue 4 for publication in our Symposium Edition.

We are seeking pieces related to the intersection of artificial intelligence and the law. Specifically, this year’s symposium hopes to provide insight on the how AI is being implemented to improve client service and increase access to justice. Authors whose articles are selected will be invited to present their papers at the Law Review’s annual symposium on March 22, 2024, and their articles will be published in our Symposium edition in the Spring of 2024.

We welcome submissions of any length, up to approximately 10,000 words (including footnotes) so that we can cover a wide array of issues. We also welcome shorter essays on relevant practice-based topics. Submissions and queries should be sent via Scholastica to the Georgia State Law Review or directly to the Law Review Symposium Editors, Kaylee Marchitto and John Evan Laughter, at [email protected].

The submission deadline is December 1, 2023.