The Faculty Lounge

I Fall to Pieces [UPDATED with k.d. lang]

New Publication Announcement: The Legislative Lawyer

From colleagues at The University of Texas:

 

The Legislative and Campaign Law Section of the State Bar of Texas announces the inaugural issue of The Legislative Lawyer and its forthcoming publication in Spring 2020. The Legislative Lawyer is a forum for the discussion of the legal issues surrounding the political and legislative processes by the bar and the academy. and, as far as we can tell, it will be the only publication of its kind in the country. 

 

The Section Council, which also recently spearheaded the successful effort to create a specialty certification in legislative and campaign law approved by the Texas Supreme Court, identified a need for a new publication in this area that is accessible to both the bar and the academy to encourage informed dialogue and spur law reform efforts. Current plans are to publish two 16-page issues in 2020 (Spring and Fall), with additional issues added to become a quarterly publication thereafter.

The Legislative Lawyer welcomes submissions -- article, essay, or book review -- on current topics in legislation and election law from practitioners, academics, judges, or anyone else with an interest in legislation and election law, including exceptional law students. Please review the Statement of Editorial Policy and Submission Guidelines below. As the new editor-in-chief of this new publication, all submissions should be sent electronically to me at hugh.brady@utexas.edu. Questions may be directed to me by e-mail (hugh.brady@utexas.edu) or telephone (512-232-2751 (office) or (512-289-0535 (mobile)). 

 

Members of the State Bar of Texas are who are members of the Section are automatically subscribed to The Legislative Lawyers. Others may subscribe for $20 per year; we are working on payment options in addition to check, such as purchase order and electronic payments.

Hiring Announcement: University of Pittsburgh School of Law (Dean of Students)

The University of Pittsburgh School of Law seeks a dynamic, empathetic, and approachable leader with an enthusiastic commitment to the educational mission of the Law School and a passion for helping students achieve their academic and professional goals to serve as its next Assistant Dean of Students. 

Reporting to the Dean of the Law School, the Assistant Dean of Students provides leadership and vision in the area of student affairs, ensuring that students have a personalized, supportive, and successful educational experience. Prioritizing student wellness, the Assistant Dean of Students coordinates and leads efforts to counsel, mentor, and advise students to be their best and healthiest selves amidst the stresses, rigors, and anxieties that are part of the law school experience. 

The Assistant Dean of Students must work closely with the Office of Equity and Inclusive Excellence to pay particular attention to the critically important task of fostering an inclusive community that serves the needs of a diverse student population. Where necessary, the Assistant Dean of Students must also work with the Vice Dean to administer and apply the Law School’s Standards of Academic Integrity.

A bachelor’s degree is required. A J.D. or advanced degree in a relevant discipline is also required. Significant experience providing guidance and/or counseling is required, and such experience in higher education settings is preferred.

To apply, please visit here. 

How Ashleen Phansey Lost His Job at Babson College: A Case of Adjunctification

There is no question that Ashleen Phansey made a very bad joke about Pres. Trump's Iran tweets, writing on his Facebook page that "Ayatollah Khomenei should tweet a list of 52 sites of beloved American cultural heritage that he would bomb." The Mall of America and the Kardashian residence were two locations Phansey mentioned in his post. The story was picked up in the press, leading Phansey to remove the post and issue an abject apology. That was not enough to save his job. According to an official statement,

Babson College conducted a prompt and thorough investigation related to a post shared on a staff member's personal Facebook page that does not represent the values and culture of the College. Based on the results of the investigation, the staff member is no longer a Babson College employee. As we previously stated, Babson College condemns any type of threatening words and/or actions condoning violence and/or hate.

This story has been widely reported, but most media have overlooked the fact that he had no job security due to his status as an adjunct. Writing on the AAUP's Academe Blog, Hank Reichman points out how this case is just the latest example of the process of "adjunctification" that is undermining higher education. His full post is after the jump, included here with his permission.

Hawaii Law Names Dean Finalists

The University of Hawaii has named three finalists for its law school deanship.  They are Robert Chang (Seattle), Camille Nelson (American),  and Anthony Niedwiecki (Golden Gate.)  

Camille Davidson Named Dean of Southern Illinois Law

Southern Illinois University has named Camille Davidson as its new dean.  Davidson, a former professor and associate dean for academic affairs and faculty development at Charlotte School of Law, will take over this summer.  She holds a JD from Georgetown Law.  

A Better Way to Remember the Titans

I have this piece up today on the Academe Blog:

A Better Way to Remember the Titans

BY STEVEN LUBET

It was inevitable that the film “Remember the Titans” would be mentioned in the headlines of Herman Boone’s obituaries. He was the real-life African American football coach of a real-life integrated high school team in Alexandria, Virginia, that won the real-life 1971 state championship, and he passed away last month at age 84. The movie starring Denzel Washington as Boone, which was released in 2000, predictably idealized the characters and events, while getting the arc of the story mostly right. The film’s familiar narrative extols the role of scholastic sports in overcoming racism. It could apply equally to high school or college athletics, but the ultimate lesson is pretty much backwards (more on that later).

In an effort to address racial imbalance, Alexandria’s three high schools were merged in 1971 to create T.C. Williams High School. Boone was hired to coach the newly-integrated football team, edging out Bill Yoast, the white head coach at shuttered Hammond High School, who had been expected to win the job. Although disappointed, Yoast showed impressive grace by agreeing to become Boone’s top assistant. Together they led the Titans to an undefeated season in which they shut out eight of twelve opponents before winning the state championship game 27-0.

Bill Yoast and Herman Boone

At the time, Boone was the only African American head football coach in Northern Virginia, but race was not central to his coaching philosophy. “I’m not a black coach, I’m a coach who was born black,” he explained in a Washington Post interview in 2000. “If you’re going to play for me, you’re going to play based on talent and character.”

Melanie Jacobs Named Interim Dean of MSU Law

Michigan State University College of Law has named Professor Melanie Jacobs as interim dean, effective January 1.  She takes over from Lawrence Ponoroff who stepped down at the end of 2019.  Jacobs joined the MSU faculty in 2002.  

Sean Scott Named Dean of California Western Law

Loyola LA law professor (and former associate dean) Sean Scott has been named as the new president and dean of California Western School of Law.  Scott, who holds a JD from NYU Law, will take the helm on August 1. 

Reminder: Law and Entrepreneurship Association - Call for Papers

The 14th annual meeting of the Law and Entrepreneurship Association (LEA) will be held on Friday, March 20, 2020, at the University of North Carolina School of Law.

The LEA is a group of legal scholars interested in the topic of entrepreneurship—broadly construed. Scholars include those who write about corporate law and finance, securities, intellectual property, labor and employment law, tax, and other fields related to entrepreneurship and innovation policy. Our annual meeting is an intimate gathering where each participant is expected to read and actively engage with all papers under discussion.

We welcome papers and proposals on all topics relevant to entrepreneurship. Proposals should be comprehensive enough to allow the LEA board to evaluate the aims and likely content of the papers they propose. Papers may be accepted for publication but must not be published prior to the meeting. Works in progress, even those at a relatively early stage, are welcome. Junior scholars and those considering entering the legal academy are especially encouraged to participate.

To submit a proposal or paper, please email Professor John Coyle at jfcoyle@email.unc.edu by January 20, 2020.  Please include the subject line: “LEA Submission – {Name}.”

 

The University of North Carolina is located in Chapel Hill, North Carolina, with easy access to Raleigh-Durham International Airport (RDU).  For additional information, please email Professor John Coyle at jfcoyle@email.unc.edu.

Blind Applicants Secure a Victory over the LSAT

I am extremely proud of my former student Jason Turkish (Pritzker-NU '12) who secured a class action settlement changing the LSAT requirement for blind applicants. Jason, who is legally blind himself, has a law practice that is 100% devoted to disability rights. He explains the importance of the LSAT case in this short video:

Another blind alumnus of NU-Pritzker is Richard Bernstein ('99) who is now a justice of the Michigan Supreme Court. You can read more about Richard after the jump.

Pace Law Review CFP: Reforms in the NY State Criminal Justice System

The Pace Law Review at the Elisabeth Haub School of Law at Pace University invites submissions for an interdisciplinary conference on the theme of "Game-changing Reforms in the NYS Criminal Justice System and How to Implement Them" to be held on March 20, 2020, at the NYS Judicial Institute on the campus of the law school. 

In the last few years, culminating in the last legislative session, the New York State Legislature, the New York State courts, as well as the government of New York City, have enacted several far-reaching reforms in criminal procedure and related criminal justice issues. These changes include (but are not limited to) the following: raising the age of criminal responsibility to 18 years; comprehensive bail reform; discovery reform; significant changes in the speedy trial statute; the anticipated closing of the Rikers Island detention and correctional facilities; significant changes in the imposition of solitary confinement of state prisoners; the expansion of the use of desk appearance tickets (and the consequent reduction of the number of custodial overnight detentions); expansion of the use of video-recorded police interrogations; expanded use of police body cameras in NYC; proliferation of conviction integrity programs in New York State district attorney's offices; creation of a Prosecutorial Conduct Commission; and the substantial increase in funding of public defender offices statewide as part of the Hurrell-Harring case settlement. Each of these reforms deserves considered analysis and debate.

This symposium will provide a forum for policymakers, jurists, academics, criminal law practitioners (on both the prosecution and defense side), students, and concerned citizens to engage in a thorough discussion of criminal justice reform. These changes share some common themes—an overall trend towards decarceration, increased use of modern technology in street policing, and increased emphasis on the prosecutorial obligation to share information, accelerate the process, avoid misconduct and prevent or correct wrongful convictions.

These changes in New York State reflect national trends in favor of bail and discovery reform, decarceration, and increased concern about wrongful convictions. They also reflect changes in the modern prosecutor's role and a 21st century model of organized policing. Fixing a close gaze on New York's and upstate and downstate counties will provide insight for our national discussion about how we should create and maintain a just criminal process.

New York is one of the largest states in the nation and has an extensive criminal justice system. Significant changes in the law, like those listed above, will have significant effects in other states as well. The far-reaching impact of these reforms might include changes in policy, distribution of resources, rethinking what we mean by fairness and due process in criminal matters, and the proper balance between social control and individual liberty—all are implicated in these reforms. Our federal system contemplates the various states as "laboratories" of justice. With these reforms, New York once again is coming to the forefront in that role. A Pace Law Review symposium issue containing excellent and insightful scholarship on matters of criminal justice policy, procedure, practice, and jurisprudence would be a valuable resource both locally and nationally.

The Pace Law Review and the Pace Criminal Justice Institute invite you to be a part of that discussion.

We welcome full-length traditional law review articles with a maximum of 65 pages, as well as shorter essays and commentaries with a minimum of 10 pages. Authors will be selected based on brief abstracts of their articles, essays, or commentaries. We are looking for different perspectives on the goals and challenges of implementing the historic criminal justice reforms throughout New York State.

To submit, please send:

1. Name, title, and professional affiliation
2. Curriculum vitae/resume
3. Contact details, including phone number and email address
4. A two to three-page abstract summarizing your article or essay and indicating the expected page length of your paper. 

Please submit your abstract for consideration to: Managing Editor Mellis Bakir at: mbakir@law.pace.edu.

Submission Deadlines

Abstract Deadline: February 3, 2020

Selection Notification Date: February 14, 2020

Article/Essay Deadline: TBD

If you have any questions about this call for papers, please contact Mellis Bakir at: mbakir@law.pace.edu or Carol Barry (Director of the Pace Criminal Justice Institute) at: cbarry@law.pace.edu.

Shake Your Money Maker

"Shake Your Money Maker" was released by Elmore James in 1961. Although it is has become a standard Chicago blues number, it was actually recorded by Enjoy Records, a small label run out of Bobby Robinson's Harlem record shop (Robinson shared writing credit with James, which was not unusual for producers in that era). It is based on an earlier song by Chicago's Shakey Jake Harris called "Roll Your Moneymaker," a line that can still be heard in some of the later covers.

Reminder: Philly Law School Reception is Tonight

For those attending the AALS, four Philadelphia area schools - Villanova, Temple, Penn and Drexel - will be hosting a reception tonight.  All are welcome.  Details here.

Francis Daniel Pastorius Reader

The Francis Daniel Pastorius Reader is Penn State University Press.  It has been works for a lot of years—for years.

Francis Daniel Pastorius was one of the first German settlers to Pennsylvania, every late seventeenth and the early eighteenth century.  This monumental anthology presents a selection of his many writings in one volume.

Pastorius sailed to North America as a Pietist but found a unique home among the Quakers in Pennsylvania. Within this early modern religious context, he was a lawyer, educator, and community leader; a polymath; and a prolific writer and collector of knowledge. At the turn of the eighteenth century, Pastorius held one of the largest manuscript collections in North American. His collecting, curation, and dissemination represents a unique look at the ways information was stored, processed, and utilized during the seventeenth and eighteenth centuries in both North America and Europe. This rich selection of Pastorius’ writings on religion, education, gardening, law and community, and the colony of Pennsylvania—as well as letters, poems, and numerous encyclopedic and bibliographic works—shows the work of a true humanist in action.

Pastorius’s works have long been important to archival study of early German settlement and the Atlantic world. Now available together, transcribed, translated, and annotated, his writings will have widespread significance to the study of early American literature and history.

 

AALS/Drexel Immigration Law Reception and Panel

For those profs who will be in DC on Thursday evening, check out a timely panel at Drexel University's DC Center.  The AALS Immigration Law Section and Drexel University Kline School of Law's Center for Law, Policy and Social Action  are co-hosting Where Are We Going? Immigration Law in 2020 & Beyond  - a panel featuring immigration law experts Melissa Crow (SPLC), Tom Jawetz (Center for American Progress), Pili Tobar (America's Voice) and my colleague Anil Kalhan.  The reception starts at 5:30 and the presentations at 6:00.  You'll have to flee the Marriott, but Drexel DC is a quick trip on the Red Line from Woodley Park and .  Details (including the RSVP link) are here.

Karen Daniel (1957-2019) [Moving to the Top][Updated]

My brilliant friend and colleague Karen Daniel was struck by a car and killed as she was walking her dog last Thursday morning. As the emerita director of Northwestern Law's Center on Wrongful Convictions, Karen had obtained over 20 exonerations of innocent inmates in her years of exemplary law practice. Her calm demeanor and gentle nature gave little indication of her fierce dedication to justice -- but you could always see it in her eyes. She was a mentor to generations of students, many of whom went on to do exoneration and criminal justice work, either full time or pro bono at law firms. She was also as generous and thoughtful a friend as anyone could ever imagine.

Here are some passages from an article in the Chicago Tribune:

Prominent attorney Karen Daniel, who led Northwestern’s wrongful convictions unit, killed by vehicle in Oak Park

By Paige Fry and Patrick M. O'Connell

Karen Daniel was a petite woman with a soft voice. She didn’t raise it and wasn’t particularly expressive, but the knowledge and confidence behind her words demanded the attention of everyone in a courtroom. She knew how to rip apart a prosecution’s case using the most polite daggers.

Daniel died Thursday morning in Oak Park after she was struck by a vehicle while she was walking near the intersection of Pleasant Street and Scoville Avenue, according to Oak Park police. She died at the scene, police said. She was 62.

Daniel touched the lives of many in Chicago and beyond through her work at Northwestern University Law School’s Center on Wrongful Convictions, where she started as an attorney on a half-time appointment and eventually became a co-director. She retired earlier this year but kept an office as an emerita — still coming in often and continuing to work on cases. She couldn’t stay away from work for long, friends said.

One of the first cases given to Daniel at the center involved Michael Evans and Paul Terry, two men who had been in prison for years after they were convicted of the 1976 kidnapping, rape and murder of a 9-year-old girl. The lawyers needed to find information and court records on DNA testing. When Daniel was assigned to the case, she went down to the evidence warehouse and wouldn’t leave until they found the evidence. That effort led to DNA testing that excluded them as the perpetrators of the assault, eventually exonerating the two men of the crimes.

You can (and should) read the entire article here.

UPDATE: Dan Rodriguez's remembrance on Prawfs is here.

A more personal remembrance from one of Karen's colleagues at the Center on Wrongful Convictions is after the jump.

Hiring Announcement: Gonzaga University School of Law (Clinic: Civil and Human Rights)

From an email message that I received earlier today:

GONZAGA UNIVERSITY SCHOOL OF LAW, Spokane, WA seeks to hire a lateral tenure-track or tenured faculty member for a new clinic in the area of Civil and Human Rights, to begin Fall 2020.  Though we are open to all lateral candidates, the ideal applicant will have at least three years of full-time clinical teaching experience in an ABA-accredited law school. The successful applicant will play a major role in determining the clinic’s specific emphasis and operation, though we are particularly interested in candidates committed to broader policy work in the field of Civil and Human Rights, including appellate and amicus work.  [ADDITIONAL INFORMATION APPEARS BELOW THE FOLD.]

Hiring Announcement: Gonzaga University School of Law (Business Law)

From an email message that I received earlier today:

GONZAGA UNIVERSITY SCHOOL OF LAW, Spokane, WA seeks to hire a lateral tenure-track or tenured faculty member in Business Law, to begin Fall 2020. The person will also serve as the Director of Gonzaga Law’s new Center for Law, Ethics & Commerce, which builds on the legacy of the Commercial Law Center.  Though we are open to all lateral candidates, the ideal applicant will have at least four years of full-time teaching experience in an ABA-accredited law school.  We are particularly interested in candidates who can expand our offerings in the fields of business, corporate, finance, entrepreneurship, technology, privacy, and the innovation economy, especially those who offer creative and alternative approaches to these disciplines.  [ADDITIONAL INFORMATION APPEARS BELOW THE FOLD.]

Hiring Announcement: Campbell University School of Law (Visitorship)

CAMPBELL UNIVERSITY SCHOOL OF LAW invites applications for a Visiting Faculty Position to begin on or about August 14, 2020 and end on or about May 14, 2021, teaching property law, wills/trusts, and related upper-level courses. The position will be a temporary, full-time, two-semester, non-tenure track appointment. All applicants should have excellent academic credentials and demonstrated skill in teaching and mentoring students. We welcome applications from candidates whose background will contribute to excellence through institutional diversity. Cover letters must explain how the candidate is able and willing to support the distinctives set forth below.

Located in downtown Raleigh, North Carolina, Campbell University School of Law is a highly demanding, purposely small community of faculty and students whose aim, guided by transcendent values, is to develop lawyers who possess moral conviction, social compassion and professional competence, and who view the practice of law as a calling to serve others and to create a more just society. To that end, the law school has adopted the following distinctives: (1) we offer an academic program that is highly demanding; (2) we bring together the theoretical and practical to produce thoughtful and talented lawyers; (3) we utilize the talents of a faculty that is profoundly committed to students and teaching; (4) we view the practice of law as a calling to serve others; and (5) we offer a Christian perspective on law and justice.

Direct questions to Professor Tuneen Chisolm tchisolm@campbell.edu. Apply online at https://chp.tbe.taleo.net/chp01/ats/careers/v2/viewRequisition?org=CAMPUNIV&cws=37&rid=2059