The Faculty Lounge

Silver Threads and Golden Needles

Wanda Jackson released the original recording in 1956 (audio only)

Some unique and some straightforward covers after the jump 

Dara Horn on Anne Frank and Holocaust Erasure

Some TFL readers are probably familiar with the work of the novelist Dara Horn, who has written many fine books.  Her recent article in Smithsonian Magazine raises deeply unsettling questions about the appropriation of Anne Frank’s story in a way that all but obliterates her connection to Judaism and the Holocaust. It is essential reading on the 80th anniversary of Kristallnacht (November 9-10, 1938).

Here are a few key paragraphs:

BECOMING ANNE FRANK

People love dead Jews. Living Jews, not so much.

This disturbing idea was suggested by an incident this past spring at the Anne Frank House, the blockbuster Amsterdam museum built out of Frank’s “Secret Annex,” or in Dutch, “Het Achterhuis [The House Behind],” a series of tiny hidden rooms where the teenage Jewish diarist lived with her family and four other persecuted Jews for over two years, before being captured by Nazis and deported to Auschwitz in 1944. Here’s how much people love dead Jews: Anne Frank’s diary, first published in Dutch in 1947 via her surviving father, Otto Frank, has been translated into 70 languages and has sold over 30 million copies worldwide, and the Anne Frank House now hosts well over a million visitors each year, with reserved tickets selling out months in advance. But when a young employee at the Anne Frank House in 2017 tried to wear his yarmulke to work, his employers told him to hide it under a baseball cap. The museum’s managing director told newspapers that a live Jew in a yarmulke might “interfere” with the museum’s “independent position.” The museum finally relented after deliberating for six months, which seems like a rather long time for the Anne Frank House to ponder whether it was a good idea to force a Jew into hiding.

***

There is an exculpatory ease to embracing this “young girl,” whose murder is almost as convenient for her many enthusiastic readers as it was for her persecutors, who found unarmed Jewish children easier to kill off than the Allied infantry. After all, an Anne Frank who lived might have been a bit upset at the Dutch people who, according to the leading theory, turned in her household and received a reward of approximately $1.40 per Jew. An Anne Frank who lived might not have wanted to represent “the children of the world,” particularly since so much of her diary is preoccupied with a desperate plea to be taken seriously—to not be perceived as a child. Most of all, an Anne Frank who lived might have told people about what she saw at Westerbork, Auschwitz and Bergen-Belsen, and people might not have liked what she had to say.

And here is the most devastating fact of Frank’s posthumous success, which leaves her real experience forever hidden: We know what she would have said, because other people have said it, and we don’t want to hear it.

The entire article is here.

CFP: Ass'n for Law, Property & Society Annual Meeting

This just in:

ALPS will hold its 10th Annual meeting at Syracuse University, in Syracuse New York, May 16-18. The dates include a pre-conference reception on the evening of May 16; full day meetings on May 17-18, each with continental breakfast, lunch, and light reception; and an optional field trip during the day on May 16. Field trip detail will be available prior to registration and tentatively include a visit to the Oneida Indian Nation of New York. The Oneida Indian Nation is one of the original members of the Haudenosaunee people (also known as the Six Nation of the Iroquois).

Paper submissions on any subject related to property law and the practices that shape property norms and institutions are welcome. ALPS has a strong commitment to international and interdisciplinary diversity, and paper topics reflecting that commitment are encouraged. ALPS accepts both individual paper submissions and proposals for fully formed panels (usually 3 to 4 presenters, sometimes including films or multimedia outputs). Individually organized sessions of full panels may have as few as 3 presenters; all sessions with individually submitted papers will typically have at least 4 presenters. Submissions may be of full paper drafts and completed projects, or early works-in-progress.

More details are available here.

 

Justice Thomas and the New Senate

Yesterday’s midterm election results shifted the U.S. Senate’s ideological center to the right. Senate Republicans began the day clinging to a narrow 51-49 majority, but they have emerged from the midterms with a strong 53-seat majority. Consequently, President Trump no longer needs the support of Sen. Susan Collins or Sen. Lisa Murkowski—the two most moderate members of the Republican caucus—to secure the confirmation of his federal judicial appointments.

It will be interesting to see whether the expanded conservative majority in the Senate prompts Clarence Thomas to retire next summer after almost three decades on the Supreme Court. As measured by Martin-Quinn scores, Justice Thomas is by far the Court’s most conservative member. There is no doubt he would like to see an equally conservative justice succeed him. The GOP Senate victories give Thomas cause to at least consider the idea of stepping down before the 2020 presidential election, timing calculated to make certain a highly conservative justice could be confirmed to replace him. 

To be sure, there are compelling reasons why Thomas might choose to remain on the Court for years to come. Foremost among them is the fact that he loves his job. During a Federalist Society event in 2013, he observed:

“I never thought that I would treasure doing my job, and I’ve reached that point. Even the most boring cases to others are fascinating to me. . . . I’ve gotten to this point where it’s like the priesthood. This is what I’m called to do.”

Moreover, by Supreme Court standards, Justice Thomas is not even close to retirement age. The average retirement age for modern justices is 83 and rising. Thomas, in contrast, is only 70. His former colleague John Paul Stevens served until age 90 and his current colleague Ruth Bader Ginsburg is 85. As long as his health holds up, Thomas could still be an active justice 15 or even 20 years from now.

But if Thomas is not interested in serving into his 80s, then he has a decision to make. In 2020, Republicans will be defending 22 Senate seats but Democrats only 12; Republicans will also be defending more seats in 2022. There is no guarantee that the ideological make-up of the Senate in the 2020s will be as favorable to conservatives as the 2019 session. Likewise, in this era of razor-thin election margins, it is entirely possible Democrats will recapture the presidency at some point in the 2020s.

It is at least conceivable, therefore, that Justice Thomas may choose to retire a bit earlier than one would otherwise expect in order to ensure a like-minded conservative holds his seat for many decades to come. If Thomas does decide to step down next summer, Donald Trump will become the first president in 30 years to make 3 Supreme Court appointments. 

The Ghost of Father Coughlin

The mass murder of 11 worshippers at the Tree of Life Synagogue ten days ago in Pittsburgh constituted the deadliest act of anti-Semitism in American history. The atrocity reflects a chilling rise in anti-Semitism, including a 57% increase in anti-Semitic incidents in the United States in 2017 alone. Last year also witnessed the hideous spectacle of white supremacists chanting “Jews will not replace us” during a Nazi-inspired candlelight march at the University of Virginia. 

There is no doubt the internet has facilitated a resurgence in anti-Semitism in the United States and Europe. Just a few days before the Tree of Life attack, a study by the Anti-Defamation League documented how the internet amplifies anti-Semitic propaganda and harassment. As Jonathan Greenblatt, the national director of the ADL, pointed out last week in a New York Times op-ed:

“[F]ar-right extremists and the so-called alt-right have stepped up their efforts on social media to attack and intimidate Jews, and especially Jewish journalists, in the run up to the midterm elections. These radicals engaged in ‘Twitter bombing’ of Jews, barraging our community with an estimated five million highly politicized and anti-Semitic tweets per day. Social media creates its own realities for individuals, where people feed off the anonymity . . . . Anti-Semitism is being normalized in public life.”

The vile hatred spewed on the internet represents a grimly ironic development for a technology once expected to elevate the quality of public discourse.

But the internet’s dissemination of vicious bigotry is not the first time that a new communications technology has enabled the spread of anti-Semitism and other forms of hate. We have been down this road before, as the cautionary story of Father Charles Coughlin demonstrates.

Recent Bar Pass Rates - A Cautionary Tale

A number of states have released bar results from the July 2018 examination over the last several weeks, including New York, Texas and Florida.  Overall, performance on the bar was very poor, although there have been a few bright spots.  The national average on the MBE was down 2.2 points to 139.5, a 34 year low.   To those who have followed law school admission trends closely, this should not have come as a surprise. The 2014 and 2015 entering law school classes were arguably the weakest ever in terms of entrance credentials, and these cohorts (part-time students who started in 2014 and full-time students who started in 2015) made up the majority of the first-time test takers in July.  There were also a lot of repeat takers from 2017 and February 2018 who also had very low credentials.

The purpose of this post is to remind everyone, especially law school faculty and administrators at lower tier schools, of the perils of admitting very high risk (LSAT of 145-146) and extremely high risk (144 and below) students.  As law schools start to experience an uptick in applications, the focus, especially at low-performing schools, should be on raising the quality of admitted students, not growing the class.  A few examples should suffice to demonstrate this point.

Touro Law School – Touro had 105 first time takers on the New York July bar; 51 passed. That’s a 48.6% pass rate.  Touro’s 2015 entering class was terrible:  149/147/145 LSATs with GPA at 3.31/3.03/2.77.   

Texas Southern - 69 of 155 Texas Southern graduates passed the July 18 Texas bar for a 44.5% rate. In February, TSU had 5 of 18 first time takers pass, for a 27.88% rate.  Overall 74 of 173 TSU grads passed for a 42.8% first-time pass rate in Texas for 2018.  TSU’s 2015 entering class had an atrocious LSAT GPA profile of 146/143/141 3.44/3.11/2.80. Texas Southern was sanctioned by the ABA for its admissions practices in June 2017, and this is why.  Texas Southern was admitting large numbers of extremely high risk students and the bar pass statistics reflect this.  Texas Southern has not yet released the class profile for the 2018 entering class but it has promised the ABA to significantly raise its admission standards.

UNT Dallas - UNT had 10 of 25 of its students pass the February 18 Texas bar (40%), followed by 52 of 85 on the July bar – 61.18%. The combined pass rate for 2018: 62 of 107, was an uninspiring 58%.  According to fact sheets published by UNT Dallas, the LSAT profile for the 2015 entering class was 149/146/143 3.40/3.11/2.67 for the full-time division and 150/145/142  3.36/3.03/2.64 for the part-time division.  This was even lower than the woeful credentials of their inaugural entering class in 2014. After nearly not getting provisional approval from the ABA in part because of valid concerns over admitted student credentials, UNT-Dallas has significantly tightened admissions standards. Their admitted student profile for the Fall 2018 class is 153/150/148 with a 3.32/3.08/2.68.  Expect UNT Dallas to see a steady rise in bar passage rates over the next three years.

Barry Law School and Florida A&M Law School – July 2018 results at Barry: 55/121 (45.5%) In February 2018, Barry had 16 of 39 first-time takers pass for a 41.0% rate. Overall for the year, Barry is at 71/160 (44.4%) in Florida.  Similarly, Florida A&M was 11 for 30 ( 36.7%) on the Feb 18 Bar, and 39/77 (50.6%) on the July Bar, for a 2018 total of 50/107 (46.7%) in Florida.  Barry and FAMU had very similarly weak entering classes in 2015: 150/146/144  3/29/296/2.64 for Barry and 149/146/144  3.29/3.00/2.72 for FAMU. 

These five examples demonstrate (once again) that when law schools admit high percentages of very high and extremely high risk students, these classes are virtually certain to have very low bar passage rates.  Put another way, no law school has figured out a magic formula to take students with very limited aptitude for the study of law, as demonstrated by their LSAT scores and college grades, and turn them into bar passers.   All the law schools that have closed in the last couple of years (or are in the process of or in peril of closing), including Whittier, Indiana Tech, Charlotte, Arizona Summit, Valparaiso and Thomas Jefferson, amply demonstrate this point.  Although the overall decline in demand for legal education played some role in the downfall of these schools, it was their decision to lower admission standards to an unethically low level that started the vicious cycle of dropping bar pass rates, declining reputation, decreasing applications and increasing transfers that ultimately doomed them.

Anti-Semitism Has Consequences

I have this piece today in The American Prospect. 

Anti-Semitism Has Consequences

STEVEN LUBET

NOVEMBER 5, 2018

The massacre in Pittsburgh has a lesson for progressives.

Hours before he murderously stormed into Pittsburgh’s Tree of Life Synagogue, Robert Bowers posted a chilling message on the dark web, declaring that the “powerful Jews are my enemy.” He vowed to pull “the cover off of that Satanic Jew,” and threateningly added “I’m here to say your time is up, your world is through.”

Oh wait. That wasn’t Robert Bowers. It was Louis Farrakhan, head of the Nation of Islam, speaking at Saviour’s Day last February, while thousands cheered his every word. Although he has spouted anti-Semitism, homophobia, and misogyny for decades, Farrakhan is still accepted in some quarters of the American left, welcome in polite company, and rebuked, if at all, only in the mildest terms. After a leader of the Women’s March was seen on the dais at the Saviour’s Day rally, for example, the organization itself issued a bland statement explaining only that “Minister Farrakhan’s statements about Jewish ... people are not aligned with the Women’s March Unity Principles.”

As should be obvious, Farrakhan and Bowers are purveyors of the same poison. On the web platform Gab, Bowers actually wrote that “Jews are the children of Satan,” inveighed against “the filthy EVIL Jews,” and blamed HIAS, the Jewish agency helping refugees, for bringing “invaders to the United States.” Compare that to Farrakhan’s years of references to “Satanic Jews” and his statement that “when you want something in this world, the Jew holds the door.”

The main difference is that Bowers also hates Muslims, while Farrakhan hates gay people. Thus, Bowers believes that Jewish-inspired Muslims are slaughtering his people, whereas Farrakhan finds Jews “responsible for all of this filth and degenerate behavior that Hollywood is putting out and turning men into women and women into men.” They are otherwise as one in their evocation of classic anti-Semitism, in which Jews are blamed for all the ills of the world.

Caravan

Duke Ellington and Juan Tizol (1952) 

 

Wake Forest University

Job Description Summary

Wake Forest University School of Law seeks a Professor of the Practice to teach courses in Professional Responsibility.

 

The Loco-Motion

The Loco-Motion was written by Gerry Goffin and Carole King. Originally intended for Dee Dee Sharp, who turned it down, it became a #1 hit for Little Eva (who had been Goffin and King's babysitter). Uniquely, The Loco-Motion was a top five hit for three different artists in three successive decades: Little Eva, Grand Funk, and Kylie Minogue. Then be sure to watch the last clip.

Little Eva (1962)

Seeking Chapter Proposals for "Lawyering Skills in the Doctrinal Classroom"

This just in:

Call for Chapter Proposals

Lawyering Skills in the Doctrinal Classroom: Using Legal Writing Pedagogy to Enhance Teaching Across the Law School Curriculum

Lawyering Skills in the Doctrinal Classroom will explore how pedagogical methods used in legal writing courses can be (or have been) adapted for use in traditional doctrinal courses in order to provide a more robust learning experience for law students. Chapter topics may include:

• Incorporating writing and research assignments into doctrinal courses;
• Techniques for making student conferences more productive;
• The use of “scaffolding” to enhance learning – and how to do it;
• How to incorporate team-based learning and/or problem-based learning to increase student engagement;
• The importance of providing formative assessment in doctrinal courses and how to do it in a timely and efficient manner;
• Unique ways of providing students with feedback that they can use
• Any other pedagogical method typically used in legal writing courses that could be of use in other courses
Proposals should include:
• The author’s name, institutional affiliation, and courses taught
• A brief description of the proposed topic (no more than 500 words)
• A brief description of why the author is qualified to write on this particular topic (no more than 300 words)
• An approximate word count (chapters should be at least 3,000 words and no longer than 8,000 words)
Deadline: December 14, 2018.

Submit proposals to Tammy Pettinato Oltz at tammy.pettinato@und.edu with the subject line, “Chapter Proposal.”

Dead, Dying and Zombie Law Schools

Happy Day After Halloween. In the ghoulish spirit of the season, here is a is a quick update on some of America's most troubled law schools:

The Dying:

Arizona Summit is closing.  On Oct 24, the school submitted a revised teach-out plan to the ABA after its initial plan was disapproved by the ABA in September.  Under the proposed plan, the ABA would agreed to refrain from revoking the school’s accreditation until the current students graduate, and the school would drop its appeal of the ABA's decision to revoke its accreditation.  (It is not clear if this would also include dropping its lawsuit against the ABA.)  The school did not admit new students this fall and has only 22 students remaining.  At its peak in 2011, Arizona Summit (then known as Phoenix Law) has 1092 students enrolled, but after substantially lowering admission standards, its bar passage rates cratered, leading to the school being placed on probation, and ultimately, having its accreditation revoked.  A large cohort of 25 Arizona Summit students transferred to the University of North Dakota Law School this fall.  UND gained this student windfall by agreeing to accept all the credits the students had earned at Arizona Summit.  UND took a page from Appalachian’s playbook, which last year took 16 transfer students from Arizona Summit’s now defunct sister school, Charlotte Law.

Valparaiso Law School is closing.  Valparaiso also did not enroll first year students this year and has about 100 second and third year students moving through.  Valpo killed itself by substantially lowering admissions standards, which led to huge declines in bar passage rates, and resulted in ABA   sanctions.  (See a pattern here?) Valparaiso tried to give its law school away to Middle Tennessee State University, but the move was rejected last month by the Tennessee Higher Education Commission after objections from the five law schools already in Tennessee.

Thomas Jefferson Law School has announced that it won’t enroll new students for the spring semester, as it has done in the past.  The law school also applied for and received accreditation from the State Bar of California. As a California-accredited school, TJSL grads will be able to take the California bar, even if the school loses ABA accreditation, which is a distinct possibility. The school is currently on probation with the ABA, and there are little signs of the kinds of improvement that would get the school back in compliance with ABA Standards.  Because of financial woes, the school had to move out of its fancy new building into a smaller, cheaper office building, which did not go over well with students.  The seemingly insurmountable issues faced by Thomas Jefferson may have been a factor in the decision of Dean Joan Bullock to announce her resignation after just a year on the job.

The Dead:

Charlotte Law School, which ceased operating last year, reached a $2.7 million settlement in a class action lawsuit by students.  At its peak in 2013, Charlotte enrolled 1410 students, according to its 2013 509 Report.  Charlotte got so big by dramatically lowering its standards, and it kept lowering them until the school's bar passage rate tanked, which ultimately led to ABA sanctions and withdrawal of federal loan eligibility from the Department of Education. Lawyers for the students are still trying to figure out a way to go after deep-pocked Sterling Partners, the owners of InfiLaw, which operated Charlotte Law School. Sterling Partners has thus far evaded any financial liability for the debacles at Charlotte Law and Arizona Summit.

The Zombie:

Zombies can’t be killed and they destroy the lives of a lot of people.  That is a pretty good description of Western Michigan University Thomas Cooley School of Law, America’s least selective ABA-Accredited law school.  WMU-Cooley has had a sub 50% first time bar pass rate for at least the last two years.  Last year Cooley was (finally) found out of compliance by the ABA for failure to comply with Standard 501, the admissions standard.  Rather than agree to change its ways, as other schools found out of compliance have done, Cooley sued the ABA, claiming arbitrary and capricious enforcement of the Standards.   The ABA then inexplicably reversed itself and found Cooley back in compliance with Standard 501, (providing compelling evidence in support of Cooley’s claim of arbitrary and capricious enforcement) after Cooley promised some extremely minor adjustments to its admission practices.  The ABA also acquiesced to Cooley’s request to open another branch on the campus of Western Michigan State in Kalamazoo, which the ABA had originally rejected.  Back in June, I predictedthat the two sides were nearing a settlement of the lawsuit. Earlier this week, the parties formally settled the lawsuit.

Drexel University Kline Law Seeks Bar Support Faculty

This just in (from my colleagues):

Drexel University Kline School of Law, in Philadelphia, seeks an Assistant Teaching Professor and Director of Bar Support for a position commencing on January 1, 2019 or later.

JD Degree and membership in at least one state bar required. Law teaching experience, expertise and experience in academic support or bar support preferred. Ability to work collaboratively and to communicate well with students, faculty and staff.

The person filling this position will develop and teach courses to support the successful bar passage of our graduates, coordinate bar support activities throughout the law school, and have additional teaching responsibilities as agreed upon.

The Kline School of Law is part of Drexel University and is centrally located in Philadelphia. Its JD program includes a professional practice requirement in the form of a clinic or co-op placement for academic credit, as well as a pro bono service requirement. Students can pursue concentrations in Health Law, Business and Entrepreneurial Law, Intellectual Property Law, and Criminal Law. Its nationally ranked legal writing program prepares students for their professional practice requirement. A robust Academic Success curriculum under the Direction of a full-time Director of Academic Success offers faculty-led workshops, Dean Scholar sessions in each large first year course, upper level courses in analysis and writing strategies, counseling, and individual assistance by a Writing Specialist.

What Does It Take to Get a Second Chance?

I had this oped in last Friday's Chicago Tribune:

CHICAGO TRIBUNE

October 26, 2018

What does it take to get a second chance?

Steven Lubet

Reginald Dwayne Betts was still in high school when he was convicted of the crime — carjacking and armed robbery — that would haunt him the rest of his life. After serving eight years in a Virginia state prison, Betts eventually became a widely published poet and graduated from Yale Law School. In a recent essay in The New York Times Magazine, he explains the devastating aftereffects of a felony conviction, and the difficulties it created for him when he applied for admission to the Connecticut bar.

Although there is no comparison between what Betts endured and my own life, his essay has moved me to tell my story of criminal convictions and ultimate admission to the Illinois bar. I had an easy time of it compared with Betts, who wrote, “I might eventually be allowed to practice law, or, I realized with a cold, dull clarity, I might not.” In contrast, I blithely assumed that everything would work out, as indeed everything did. 

I was convicted four times of misdemeanors, once each year from 1967 to 1970, between the ages of 18 and 21, all involving peace or civil rights demonstrations. I pleaded guilty three times, and my one conviction at trial was reversed on appeal. The stiffest sentence came in the last and most serious case, during my senior year in college. Although I should have gone to jail as a repeat offender, a surprisingly lenient plea bargain got me off with two years of probation.

Marcus Cole on Squirrel Hill

Marcus Cole, Stanford law prof and Northwestern law alum, has written a moving remembrance of growing up as one of the few African Americans in Pittsburgh's Squirrel Hill neighborhood. Originally presented in 2015 as the keynote address at the American Jewish Committee annual dinner, Marcus re-posted it on Pileus in response to the attack on the Tree of Life Synagogue.

Marcus has given me permission to post the entire piece here. 

Everything I Ever Needed to Know About Community, I Learned in the Shtetl of Squirrel Hill

October 28, 2018 by Marcus Cole

Three years ago, I was asked to deliver the keynote address at the American Jewish Committee Annual Dinner.  I chose to use that opportunity to explain what was so special about my childhood neighborhood, Squirrel Hill in Pittsburgh, Pennsylvania. After the attack in Squirrel Hill yesterday, just a short walk from the front door of my childhood home, a number of people contacted me about that speech. I am reprinting it below because I think that the world should know just how special a place Squirrel Hill has always been. What follows is the text of that speech:

When I was asked to speak about bringing communities together, my first reaction was that, I’m no expert on this subject. But I happened to be asked on an unusual day for me and my family. It was a rare day for us because it was the only Saturday in the year when neither of my two teenage sons had a football or basketball game. They wanted to do something we never get to do – they wanted us all to go see a movie together.

They were disappointed, however, because my wife had made a prior commitment. She explained that she could not go with us because she had promised to volunteer at the Dewali festival for my son’s high school. Dewali, of course, is the Hindu festival of lights. “But mom,” my son Claude said, “you’re not even Indian.”

My sons were disappointed – but not surprised. Last month, a few Korean moms at our sons’ school re-scheduled their monthly coffee to accommodate my wife’s new work schedule. She’s not Korean either.

What she happens to be is all too rare, I think. While she is, in fact, an African-American, she views her community – our community – much more broadly than that. In the thirty years in which we have been married, I never once heard her refer to our community as “the African-American community.” Instead, she always referred to “our community” as the circles in which we live our daily lives.

So it occurred to me that while I may not be an expert on bridging communities, I’m pretty sure I am married to one. So I asked her, “Angie, how do you suppose you came to view your ‘community’ this way.” To my surprise, she pointed at me and said, “I think I got it from you.”

While I was flattered, I rejected this praise. Her response was, “Who do you think took me to my first Seder, my first bar mitzvah, my first Bris?”

Howlin' Wolf

Born Chester Burnett in Mississippi, Howlin' Wolf moved to Chicago in the early 1950s, becoming one of the most influential blues artists of his generation. 

Introduced on Shindig by the Rolling Stones 

North Texas Law Seeks Associate Dean of Academic Affairs

This just in - and a bit uncommon.  UNT Law is seeking external candidates for a new Associate Dean of Academic Affairs:

The University of North Texas Dallas College of Law invites applications for the position of Associate Dean for Academic Affairs and Professor of Law.

The Associate Dean for Academic Affairs and Professor of Law is a senior administrative position within the college of law and is the second line leader of the college of law reporting to the Dean. The Associate Dean is responsible for the academic program of the college of law including the curriculum and assessment. This position is also responsible for providing leadership to the faculty and staff, and for mentoring junior faculty. The Associate Dean will teach up to six credit hours per academic year beginning with 2019-2020.

Minimum Qualifications:
The successful candidate will possess the following qualifications;
• JD degree from an accredited institution of higher education.
• Demonstrated history of academic achievements in teaching, scholarship and service at the rank of professor in an ABA accredited law school.
• Earned status of tenure from an ABA accredited law school.
• Minimum of 8 years full-time experience as a tenure-track/tenured law faculty member.
• Demonstrated effective written and verbal communication skills.
• Program leadership, program development and curriculum development experience.
• Demonstrated experience in mentoring and developing faculty.

 

For further information or to apply please follow this link.

South Dakota Law Seeks Dean

This just in:

The University of South Dakota in Vermillion, SD invites nominations and applications for the Dean of the School of Law. The Dean reports to the Provost and is a senior level administrator.

USD Law, South Dakota's premier and only law school, seeks an energetic, confident leader with a deep knowledge of the legal academy to serve as its Dean. The Dean will also be a capable executive with skills in fundraising and development, as well as in fiscal and human resource management. The Dean must possess the strategic acumen and personal leadership style necessary to inspire its faculty and students to continue advancement of the School of Law as part of USD.

USD Law is an intimate law school that combines a practical curriculum with a uniquely personal and engaging learning environment that prepares students for the practice of law in a changing world. Established in 1901, USD Law is fully accredited by the American Bar Association (ABA) and is a member of the American Association of Law Schools (AALS). The School of Law offers several specialized course tracks and nine joint degree programs that operate in conjunction with other Master’s degree programs at USD, as well as three dual degree programs offered in partnership with Vermont Law School. The USD Law faculty and staff are leaders in their respective fields, adding first-rate quality and diverse expertise to the USD Law program. Students at USD law will find an opportunity to study in a close-knit, cooperative environment. As the only law school in the state of South Dakota, it is USD Law's task to populate the legal infrastructure of South Dakota for the benefit of its residents. Currently, there are far more law jobs in South Dakota than USD Law can fill. All of USD Law's innovative efforts in legal education have taken the school on a strong upward trajectory as recognized by a recent 14-spot leap in U.S. News & World Report rankings. More information is available at www.usd.edu/law.

Did Chief Justice Marshall Suborn Perjury in Marbury v Madison?

On CSPAN’s Q & A program Sunday evening, Brian Lamb interviewed Joel Richard Paul about his new book, Without Precedent: Chief Justice John Marshall and His Times. The whole interview is quite good but one part of it especially caught my attention. While researching his book, Professor Paul found a letter that suggests Chief Justice John Marshall may have suborned perjury in the landmark case of Marbury v. Madison.  

The basic facts of Marbury are well-known. On March 3, 1801—the last day of the Adams Administration—the lame duck Federalist Senate confirmed 42 Federalist nominees for justices of the peace. The confirmations were part of the “Midnight Appointments” whereby the Federalists attempted to stack the federal judiciary before the Jeffersonian Republicans took power following the election of 1800.

During the final hours of the Adams presidency, John Marshall simultaneously served as chief justice and secretary of state. In the latter capacity, he signed with an official seal each of the commissions for the new justices of the peace. But amid the chaotic rush to get the commissions out, some inadvertently remained behind on a desk in the State Department. The new Secretary of State, James Madison, refused to deliver the commissions when he took office the next day. Nine months later, four of the would-be justices of the peace—including a wealthy Federalist named William Marbury—filed a writ of mandamus asking the Supreme Court to order Madison to deliver the commissions.

The case of Marbury v. Madison reached the Supreme Court in February 1803, which is where Professor Paul’s discovery comes in.

Two Great Opeds on Medical Care

Monday's newspaper feed had two excellent opeds on different aspects of medical care.

In the Washington Post, Daniel Morgan wrote "What the Tests Don't Show: Doctors Are Surprisingly Bad at Reading Lab Results." Here is the gist:

But my research has found that many physicians misunderstand test results or think tests are more accurate than they are. Doctors especially fail to grasp how false positives work, which means they make crucial medical decisions — sometimes life-or-death calls — based on incorrect assumptions that patients have ailments that they probably don’t. When we do this without understanding the science of risk and probability, we unacceptably increase the chances of making the wrong choice. In the worst cases, as with the man whose angiogram caused otherwise avoidable strokes, we increase the odds of unnecessarily putting patients in danger.

And here is a sample:

A 5 percent false-positive rate is typical of many common tests. The primary blood test to check for a heart attack, known as high-sensitivity troponin, has a 5 percent false-positive rate, for instance. U.S. emergency rooms often administer the test to people with a very low probability of a heart attack; as a result, 84 percent of positive results are false, according to a study published last year. These false-positive troponin tests often lead to stress tests, observation visits with expensive co-pays and sometimes invasive cardiac angiograms.

You can read the entire article here. (Paywalled, but with free registration; first published October 5, but in my WaPo feed Monday for some reason.)