The Faculty Lounge

It's good to be back....Can President Biden End Indelible Debates Over Immigration?

 

President-elect Biden promised to roll back the Trump administration’s restrictive immigration policies, but shortly thereafter he backtracked over asylum rates in order to avoid winding up with “2 million people on our border.” Sadly, this about-face on one aspect of the immigration debate exemplifies domestic leaders' lack of will to address sensible and comprehensive reform. Historically, those antagonistic to immigration, such as President Donald Trump, focused on the largely baseless immigrant threat. The democrats for their part, more often than not, seem to be sympathetic but in the end only propose stop-gap non-legislative measures that are temporary, such as executive policies that can be easily changed or ended by subsequent presidents. Sadly, President-elect Biden's proposals on immigration do not seem to get the country much closer to address the loggerhead over immigration.

It may be refreshing Biden did not launch his campaign by attacking and scapegoating immigrants by calling them “rapists” and “drug dealers.” And it is in fact useful he admitted that deporting migrants that had not committed any crimes was a “big mistake.” A Biden administration can nonetheless do far more. His administration must have the courage to pass comprehensive immigration reform (CRI).

As things stand now, the question remains how the Biden administration will prioritize competing immigration and national security demands. Such demands include the treatment and priority of asylum-seekers and refugees, the eligibility of deferred action childhood arrivals (DACA), the availability of temporary protective status (TPS), the importance visa applicants, and concerns over border security and organized crime deterrence.

Hiring Announcement: Florida A&M University College of Law Seeking Director of Legal Research and Writing

Florida A&M University College of Law welcomes applications for appointment to the position of tenured Associate or Full Professor of Law and Director of Legal Research and Writing to administer and direct the College of Law’s Legal Research and Writing Program and to teach Legal Research and Writing I and II courses on a full-time basis at its Orlando, Florida, location starting in the 2021-2022 academic year.  Responsibilities of the Director include teaching one section of first-year Legal Research & Writing I and II each term, developing uniform research and writing assignments in consultation with other Legal Writing Instructors, and administering and overseeing the program. This position is a full-time tenure track or tenured faculty position.  The Director of Legal Research and Writing position is a nine (9) month contractual position. Ideally, applicants should have five (5) or more years of teaching experience at the law school level, academic records denoting excellence, and a demonstrated commitment to teaching, scholarship and research, and service.     The Legal Writing Director will have responsibility for administering our day and evening programs and may teach in either the day or evening programs, depending on curricular need.   

Located in beautiful and sunny downtown Orlando - one of the most highly sought venues in the southeastern United States - the College is housed in a 160,000 square foot, state of the art facility.  Strategically situated in the heart of Orlando's thriving downtown business community, the College of Law lies within walking distance of federal and state courts, major law firms, art galleries and important civic arenas.  The College of Law has a current enrollment of more than 500 full and part-time students. The student body ranks as one of the most diverse in the nation. The College of Law boasts a diverse faculty composed of thoughtful and productive scholars from nearly every walk of legal life, including diplomatic, military, and government service, large and small private law practice, international organizations, and the judiciary. Increasing the number of minority lawyers in Florida able to practice law upon passing the bar is central to the College's mission.     

Minimum Qualifications: Applicants for this position must possess a JD degree from an ABA-accredited law school, be admitted to the bar in any state, have a strong academic record, and excellent writing and communication skills.  Applicants should have at least five (5) years of legal work experience beyond graduation from their JD degree. Preference will be given to candidates with strong post-law school experience as instructors or professors at the college, university, and law school levels; in the practice of law; and as judicial law clerks at the federal and state levels. 

Additional Details:  Florida A&M University College of Law is an equal opportunity employer and is especially interested in candidates who can contribute to the diversity and excellence of the academic community. Candidates from underrepresented and underserved groups are encouraged to apply. 

For a full description of the position, and to apply electronically, please visit: http://www.famu.edu/index.cfm?hr&Careers@FAMU.

Hiring Announcement: Florida A&M University College of Law Seeking Director of Legal Clinics and Field Placement Program

Florida A&M University College of Law welcomes applications for appointment to the position of tenured Associate or Full Professor of Law and Director of Legal Clinics and Field Placement Program to administer and direct the College of Law’s clinic and field placement program and to teach clinic and field placement courses on a full-time basis at its Orlando, Florida, location starting in the 2021-2022 academic year. Responsibilities of the Director include administering and overseeing the program, and developing systems, procedures, policies and programs to ensure the maintenance and growth of a viable, visible, dynamic and nationally recognized law school clinical and field placement program that supports the mission of the College of Law. The Director of the program manages the day-to-day administration of operational details of the clinics and the field placements in a manner that supports and enhances the overall functioning of the program, and ensures that goals and objectives specified for the program are accomplished in accordance with priorities, time and funding limitations, University policies or other specifications. This position is a twelve (12) month contractual full-time tenure track or tenured faculty position. Ideally, applicants should have five (5) or more years of teaching experience at the law school level, academic records denoting excellence, and a demonstrated commitment to teaching, scholarship and research, and service. Clinical faculty teach in both the day and evening programs, depending on curricular need.

Located in beautiful and sunny downtown Orlando - one of the most highly sought venues in the southeastern United States - the College is housed in a 160,000 square foot, state of the art facility. Strategically situated in the heart of Orlando's thriving downtown business community, the College of Law lies within walking distance of federal and state courts, major law firms, art galleries and important civic arenas.  The College of Law has a current enrollment of approximately 500 full and part-time students. The student body ranks as one of the most diverse in the nation.  

Minimum Qualifications: Applicants for this position must possess a JD degree from an ABA-accredited law school, have a strong academic record, and excellent writing and communication skills. The successful candidate must have been admitted to a state bar and, if not already a member of the Florida bar, become so within 18 months of accepting the appointment. Applicants should have at least five (5) years of legal work experience beyond graduation from their JD degree. Preference will be given to candidates with strong post-law school experience as instructors or professors at the college, university, and law school levels; in the practice of law; and as judicial law clerks at the federal and state levels. 

Additional Details:  Florida A&M University College of Law is an equal opportunity employer and is especially interested in candidates who can contribute to the diversity and excellence of the academic community. Candidates from underrepresented and underserved groups are encouraged to apply.  

For a full description of the position, and to apply electronically, please visit: http://www.famu.edu/index.cfm?hr&Careers@FAMU.  

Drexel University Kline Law Seeks VAP or Teaching Faculty for BA Program

Posted on behalf of, well, my own law school

The Drexel University Kline School of Law invites applications for a Visiting Assistant Professor, Postdoctoral Fellow,  or non-tenure track faculty position in our new BA in Law program.   The BA program, based in Drexel's Kline School of Law and offered jointly with Drexel’s College of Arts and Sciences, will provide undergraduates with a firm grounding in legal doctrine along with a critical, social science-informed perspective on the way law shapes society, government, technology, and industry. 

We seek candidates who hold a JD and/or PhD (or appropriate equivalent) who can demonstrate excellence in teaching and excitement about building an innovative, interdisciplinary, student-centered undergraduate program. Kline School of Law is committed to recruiting, developing, retaining, and rewarding faculty members who bring scholarly interests and life experiences that contribute to the diversity and success of our students, our University, and our communities.

Teaching responsibilities will include a mix of required courses in the BA in Law program as well as the opportunity to develop upper-level electives based on the candidate’s areas of interest. Faculty are expected to teach about six or seven 10-week courses each year, over three quarters (though we anticipate the load will include no more than 3-4 different courses). Core courses we are looking to cover include:

• Law and Society;
• The American Legal System (sources of legal authority in the US, introduction to torts, contracts, and administrative and criminal law);
• Public Law I (legislation & regulation);
• Public Law II (criminal legal processes);
• The Common Law (property, torts, and contracts)

Fields of specialization are open, though we are particularly interested in candidates who can offer elective courses in areas such as race/ethnicity (especially from a disciplinary base in political science, sociology, or criminology), intellectual property (especially as relates to digital arts and/or media), or science (especially health, technology, engineering, or environment) that broaden our curricular offerings and strengthen partnerships across the University.

The University and Law School

Drexel University, founded in 1891, is one of only 37 private universities receiving a Carnegie R1 research classification.  It has 24,000 students (including 15,000 undergraduates.) Drexel established its law school in 2006 and the Kline School of Law has rapidly developed a reputation for innovative scholarship across disciplines, a diverse portfolio of academic programs, and a focus on civic engagement.  The law school houses the Center for Law, Policy and Social Action and the Program in Privacy, Cybersecurity and Compliance, and we anticipate soon extending our focus in law and technology with a new center.  Drexel faculty played a central role in the creation of the Mid-Atlantic Law and Society Association and the law school has hosted multiple MALSA conferences. The law school has a vibrant scholarly culture, including an active workshop series.

The Application Process

Applications for this position should include a vita, cover letter, a teaching statement (max. 750 words) that describes how you would teach doctrinal material to undergraduate students, and three letters of recommendation.

Review of applications will begin immediately, and prompt application is encouraged.  Questions should be directed to Professor Rose Corrigan.

Apply online via Drexel’s HR portal.  

Dana Milbank Wants the GOP to Go the Way of the Whigs

Washington Post columnist Dana Milbank recently argued that the “Republican Party needs to go the way of the Whigs,” meaning that the GOP should dissolve into factions, hoping that a renewed party of conscience will emerge. That is more or less what happened in the antebellum era, although Milbank exaggerates the extent to which “the GOP was born from the ashes of the Whigs.” In fact, many disillusioned Democrats also participated in the founding of the Republican Party.

Milbank is even more seriously wrong, however, when it comes to describing the Whigs’ demise, putting it this way:

The Whigs in 1848 jettisoned their core principle — limited presidential power — in favor of political expediency. Instead of nominating one of their legendary statesmen — Daniel Webster or Henry Clay — the Whigs went with celebrity war-hero Zachary Taylor, an enslaver who was popular with Southerners but had no governing experience and no fealty to Whig principles. Taylor won, but he savaged Whig leaders and Whig doctrine. The party, split over slavery, dissolved.

I realize that there is a great need for brevity in a newspaper column, but Milbank has collapsed, and therefore seriously misstated, about four years of important history. His obvious intention is to make a connection between Zachary Taylor and Donald Trump, with both presidents leading to the destruction of their respective parties, but the comparison just doesn't work.

It is true that Zachary Taylor was an enslaver with little previous attachment to the Whigs, but once in office he turned out to be the most anti-slavery president since John Quincy Adams. Surprising his southern backers, Taylor opposed the legislation that turned into the Compromise of 1850, including a harsh Fugitive Slave Act.

In any case, Taylor died after only about 16 months in office, and he had nothing to do with the dissolution of the Whigs. It was Taylor’s successor, Millard Fillmore, who endorsed the Compromise of 1850 and signed the Fugitive Slave Act, with the approval of “legendary statesman” Daniel Webster, and ended up doing far more to preserve slavery than would have Taylor.

The actual breakup of the Whigs came four years after Taylor’s death. The Whigs fared poorly in the 1852 elections, having nominated another military hero, Gen. Winfield Scott, who lost in a landslide to pro-slavery Democrat Franklin Pierce -- a doughface, or a northern man with southern principles.

In 1854, midway through the Pierce presidency, Congress passed the Kansas-Nebraska Act, which authorized slavery in territories – ultimately Kansas and Nebraska – where it had been prohibited since the 1820 Missouri Compromise. It was the brazen repeal of the Missouri Compromise that outraged many northerners – mostly Whigs, but also a good number of Democrats – who left their original parties and eventually coalesced as Republicans. Abraham Lincoln and William Seward had been Whigs, of course, but Salmon Chase and Charles Sumner had been Free-Soil Democrats.

The rest is Republican history. The Whigs never fielded another serious presidential ticket. John Fremont was the Republican candidate in 1856, running under the slogan “Free Speech, Free Soil, Free Men, Fremont.” He lost to James Buchanan, another doughface Democrat, but set the stage for Abraham Lincoln’s victory in 1860.

Milbank’s attempt to draw a parallel between Zachary Taylor and Donald Trump – jettisoned principles, inexperienced celebrity candidate, party demise – just doesn’t work as a matter of historical fact. That doesn’t make Milbank wrong about hoping for the collapse of the current GOP, and its replacement by something better, but it does make him historically inaccurate.

Kevin McCarthy Says . . .

House Minority Leader Kevin McCarthy is not a compromising or conciliatory kind of guy. Until last Thursday, he had never referred to Joe Biden as the president-elect. Even after the insurrection at the Capitol last Wednesday, he voted to sustain the objections to counting the electoral votes from Pennsylvania and Arizona. And before that, he signed on to Texas's bogus lawsuit against Pennsylvania and other states, in its absurd attempt to invoice SCOTUS's original jurisdiction.

After all that, McCarthy announced "I have reached out to President-elect Biden today and plan to speak to him about how we must work together to lower the temperature and unite the country to solve America’s challenges." The only think Joe Biden did to raise the temperature was to win the election.

So, to paraphrase Chief Justice Roberts: The way to lower the temperature and unite the country, Mr. McCarthy, is for you to lower the temperature and stop being so divisive.

Going Down the Road Feeling Bad

Although often attributed to Woody Guthrie, "Going Down the Road Feeling Bad" is actually a traditional song of unknown authorship. Sometimes called "Lonesome Road Blues" or "Blowin' Down the Road," it was first recorded by Henry Whitter in 1924. According to one story, Guthrie first heard the song in John Ford's  film adaptation of The Grapes of Wrath, performed by Eddie Quillen. That seems unlikely, but it is possible. The film was released in January 1940 and Guthrie recorded it in April of the same year (he also copyrighted it, with the Weavers' and Almanac Singers' Lee Hays as coauthor). Needless to say, the song has been included in many repertoires ever since:

Hiring Announcement: PittLaw

The University of Pittsburgh School of Law invites applications from lateral candidates (candidates who are currently serving as faculty members) for several full-time, tenure-stream faculty positions at the rank of Assistant Professor, Associate Professor, or Professor beginning in the 2021-2022 academic year. Candidates should have a J.D. or equivalent degree. The School of Law is specifically looking for candidates from any area of research/specialization who are interested in being part of university-wide initiatives aimed to quickly advance Pitt’s expertise in Latinx Studies and Race and Social Determinants of Equity and Well-Being.

The School of Law is located on the main campus of the University of Pittsburgh, one of the nation’s top public research universities, close to state and federal courts, major corporate headquarters, and local, national, and international law firms. The University is one of the anchor institutions of Pittsburgh, a city that has enjoyed a remarkable transformation and continues to reinvent itself as a world-class center of education, medicine, and technology.

The University of Pittsburgh is an Affirmative Action, Equal Opportunity Employer. In furtherance of our strong institutional commitment to a diverse faculty, we particularly welcome applications from those who are members of underrepresented groups and others who would bring diverse ideas and perspectives to our community. Recruitment is subject to approval by the University’s Provost.  

Contact: Professor Jessie Allen, Chair, Faculty Appointments Committee, University of Pittsburgh School of Law, 3900 Forbes Ave., Pittsburgh, PA 15260. Email: jallen@pitt.edu. Email submissions are preferred. Applications will be reviewed on a rolling basis until the positions are filled, beginning on January 19, 2021.

Teaching Fellow - Corporate Governance and Practice LLM, Stanford Law School

Stanford Law School offers multiple specialized LLM programs to international students who have practiced law outside the U.S. The Corporate Governance and Practice LLM program admits approximately 20 students annually. Working under the supervision of Professor Michael Klausner, the Faculty Director of the program, the Teaching Fellow will assume significant academic, advising, and administrative responsibilities for these students. Applicants for this fellowship are sought for a two-year commitment, starting in summer 2021.

The Teaching Fellow will be responsible for teaching two courses: one on corporate law from an economics perspective; and another on corporate law practice. The latter course will include outside speakers from practice. The fellow will also organize other academic and social events, and will be responsible for managing the Corporate Governance and Practice LLM program on a day-to-day basis, advising LLM students on academic and career issues, responding to inquiries from prospective LLM applicants, screening and admitting applicants, and interacting with faculty in support of the LLM program goals and needs. The fellow will have the support of and work with the Associate Dean for Graduate Programs, the Associate Dean for Student Affairs, the Executive Director of the International Law Programs, and the Associate Dean for Admissions. Although this is a full-time position, the fellow should be able to spend approximately half their time conducting their own research, and will have ready access to faculty for that purpose.

• Candidates for this position are expected to have strong academic records and references.
• Professional experience in corporate practice is required, with three or more years of such experience preferred.  
• JD from a US school is preferred but candidates with an LLM or JSD will also be considered.
• In the past, people who have held this position have used it as a step toward a tenure track position at a law school. We have a preference for candidates with an academic career in mind but this is not a requirement.

 

How to Apply:

1. Submit your application online via the Stanford Careers (http://m.rfer.us/STANFORDFupD0v).
2. Send the following materials via email to Andrew Jennings at andrew.jennings@stanford.edu: a cover letter (addressed to Professor Klausner), an official law school transcript, a resume/CV, copies of any publications, and the names and contact information for at least three professional references (at least two law professors).

 

Application deadline: Until position is filled

 

Stanford Law School seeks to hire the best talent and to promote a safe and secure environment for all members of the university community and its property. To that end, new staff hires must successfully pass a background check prior to starting work at Stanford University.

* - Consistent with its obligations under the law, the University will provide reasonable accommodation to any employee with a disability who requires accommodation to perform the essential functions of his or her job.

Additional Information:

This is a two-year fixed-term position starting in summer 2021 with the possibility of a third year by mutual consent and approval.

Stanford University is an Equal Opportunity Employer.

Stanford Law School seeks to hire the best talent and to promote a safe and secure environment for all members of the university community and its property. To that end, new staff hires must successfully pass a background check prior to starting work at Stanford University.

Peking University School of Transnational Law Seeking Faculty

Peking University School of Transnational Law (“STL”) invites applications for lateral and entry-level tenure track faculty whose scholarly and teaching interests include antitrust, competition law, or intellectual property law.  Joint appointments are possible for established scholars.

STL is the only law school in the world to offer an integrated dual degree program that includes an American Law J.D., taught in English, and a China law Juris Master (J.M.), taught largely in Chinese.  STL is located on Peking University's Shenzhen Campus, minutes from Hong Kong.  Peking University is one of the world's leading research universities, ranked 23rd worldwide in THE.   Shenzhen is renowned as China’s leading center of technological innovation, advanced financial services and internationalization, home to such innovative giants as Tencent, Huawei, BGI, Ping An, BYD, and DJI Drones.  

STL values diversity and inclusion and is committed to both in appointing, mentoring and retaining faculty.

Inquiries should be addressed to Professor Nitzan Shilon, Chair, Faculty Appointments Committee, at nshilon@sjd.law.harvard.edu. 

Georgia on My Mind

 

 

Wisconsin Voters Alliance v. Pence [UPDATED]

Here is the key passage in Judge Boasberg's opinion in the latest round of Trump campaign adjacent litigation:

It is not a stretch to find a serious lack of good faith here. See Trump v. Wis. Elections Comm’n, No. 20-3414, 2020 WL 7654295, at *4 (7th Cir. Dec. 24, 2020).

Yet even that may be letting Plaintiffs off the hook too lightly. Their failure to make any effort to serve or formally notify any Defendant — even after reminder by the Court in its Minute Order — renders it difficult to believe that the suit is meant seriously. Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures. As a result, at the conclusion of this litigation, the Court will determine whether to issue an order to show cause why this matter should not be referred to its Committee on Grievances for potential discipline of Plaintiffs’ counsel.

The full opinion is here. The complaint is here.

The plaintiffs are represented by the prominent Minnesota attorney Erick G. Kaardal, Special Counsel for Amistad Project of Thomas More Society, Mohrman, Kaardal & Erickson, P.A. 

The operative claim in the plaintiffs' case is after the jump:

West Virginia Law Names Dean Finalists

The final candidates for the deanship at West Virginia University College of Law are Amelia Rinehart (Utah) and David Mitchell (Missouri).  

Faculty Hiring Announcement - University of Dayton School of Law

The University of Dayton School of Law invites applications for a tenure-track Assistant Professor position to begin August 16, 2021. Areas of particular need include contracts, secured transactions, business organizations, property, wills and trusts, and/or tax.

 

Applicants must have a J.D. or the equivalent degree from a foreign institution. While not everyone may possess all the preferred qualifications, the ideal candidate will bring many of the following: an outstanding academic record; a record of publication; demonstrated potential to be an outstanding teacher; potential to successfully mentor students from underrepresented groups; demonstrated and successful experience working with people from diverse backgrounds; relevant prior experience in law practice; excellent communication skills; effective interpersonal skills with various constituencies; interest in and/or experience teaching contracts, secured transactions, business organizations, property, wills and trusts, and/or tax, an expressed willingness and enthusiasm to teach in and develop UDSL's hybrid online J.D. program and to engage with Catholic and Marianist educational values that promote inclusive excellence. 

 

Applications must be received by February 1, 2021. Applications should include a cover letter and CV and must be submitted through the University of Dayton’s electronic employment site: https://employment.udayton.edu/cw/en-us/job/498365/assistant-professor. References will not be contacted until second round interviews. Inquiries may be directed to the Faculty Recruitment and Development Committee at lawfacultyhiring@udayton.edu.

 

The University of Dayton School of Law is a dynamic law school focused on inclusive excellence. In Spring 2020, National Jurist's preLaw magazine ranked UD Law 14th in the nation for African American students. To meet the needs of its growing J.D. program, the UD Law has hired 13 nationally and internationally prominent faculty in the last four years.

 

The University of Dayton is a top tier, Catholic research university with offerings from the undergraduate to the doctoral levels. Founded in 1850 by the Society of Mary, the University is a diverse community committed to advancing the common good through intellectual curiosity, academic rigor, and community engagement with local, national and global partnerships. Guided by the Marianist education philosophy, we educate the whole person and link learning and scholarship with leadership and service. 

 

Informed by its Catholic and Marianist mission, the University is committed to the principles of diversity, equity, and inclusion. In light of this commitment, we seek to increase diversity, achieve equitable outcomes, and model inclusion across our campus community. As an Affirmative Action and Equal Opportunity Employer, we will not discriminate against minorities, women, protected veterans, individuals with disabilities, or on the basis of race, color, national origin, religion, sex, sexual orientation, or gender identity.

 

The University is also pleased to provide support for spouses of prospective and newly hired faculty through its dual career program. While we cannot guarantee placement, we serve as an effective resource and support system for your spouse. Information can be found at http://www.udayton.edu/hr/employee_resources/dual_career_resources.php

More on That Louie Gohmert Litigation

In addition to my earlier blog post, I have now written an oped for The Hill about Louie Gohmert's lawsuit against Vice President Pence, seeking to have the electoral votes counted for Arizona's defeated Republican electors.  In case you missed it, Gohmert and 11 defeated Arizona elector candidates allege that Pence has the sole power to seat any “competing slate of electors” he chooses, including  self-proclaimed “winning slates" that have never been certified according to the law of their states. Under Gohmert’s theory of the 12th Amendment, Pence holds “all the prerogatives and rights to determine what electoral votes to count or to disregard” when Congress meets on January 6, meaning, of course, that he could just accept the votes of the Republican’s “alternative” slate from Arizona, and perhaps other swing states.

There were plenty of problems with the case, leading the trial judge to dismiss it for lack of standing less than twelve hours after Gohmert filed his brief, thus adding it to the other 60 or so losses for the Trump campaign. Gohmert, as expected, has filed an emergency appeal, seeking an expedited briefing schedule with a ruling by midnight Tuesday. Rather than a remand, which would be the usual remedy for a successful appeal, Gohmert is asking for "an interim order in the nature of a preliminary injunction," presumably affecting the conduct of the join congressional session on Wednesday. The Fifth Circuit, however, wasted no time, summarily affirming the trial court within hours, and without waiting waiting for Gohmert's brief.

Gohmert's case has now been rejected by four judges -- Two Trump appointees and two Reagan appointees.

My concern, however, is not with the merits of the case, but rather with the central factual premise alleged in the complaint, which appears to be untrue. That raises questions about the attorneys’ responsibility for bringing the suit, which outlive the disposition of the case itself. Here is how I explained it in The Hill:

Paragraph 5 of the complaint states, “The [Republican] Arizona Electors have cast Arizona’s electoral votes for President Donald J. Trump on December 14, 2020, at the Arizona State Capitol with the permission and endorsement of the Arizona Legislature” (emphasis added).

[T]he bolded passage is a false statement of fact. The 11 Trump electors evidently did meet at the state capitol on December 14, when they purportedly cast their votes for the Trump/Pence ticket, but their actions were not endorsed by the Arizona legislature. Instead, it appears that they had the support of only 22 Arizona legislators (out of 90), who signed a self-styled “joint resolution” calling on Congress to accept the “alternate 11 electoral votes . . . for Donald J. Trump.”

False statements of this sort violate both the Federal Rules of Civil Procedure and the Rules of Professional Conduct:

Lawyers can face sanctions under Rule 11 for making false statements in federal court pleadings, including “an order to pay a penalty into court” or to reimburse an opposing party’s attorney’s fees. Lawyer discipline under the Rules of Professional Conduct is handled by state authorities, with possible penalties ranging from reprimands to suspensions.

You can read the entire piece here.

The Nicholas Brothers [updated with a new clip, featuring Gene Kelly]

Fayard (1914-2006) and Harold Nicholas (1921-2000) were acknowledged as the greatest tap dancers of their era, or perhaps of any style in any era. The children of professional musicians, they broke into show business in their parents' act at the Standard Theater in Philadelphia before moving on to the Cotton Club in Harlem.

Loyola University New Orleans College of Law Hiring Announcement

Loyola University New Orleans College of Law Health Law Position – Tenured or Tenure Track

Loyola University New Orleans is now accepting applications for a tenure-track or tenured position in Health Law to begin August 1, 2021. We particularly welcome candidates whose research and teaching interests include health equity. If you are interested in applying,  please send your curriculum vitae and cover letter to resumes@loyno.edu. All ranks will be considered. Inquiries may be sent to the Chair of the Appointments Committee, Professor Bobby Harges at harges@loyno.edu.  

About the Position

The College of Law offers a certificate in Health Law for J.D. students and has recently launched a Masters and LL.M. in Health Law and Administration.  The successful candidate will lead the Health Law Program, teach a mix of required and health law courses, and engage in research, writing, and publication. An experienced staff administrative director will work with the health law professor in continuing to develop a robust educational program for our students.

The Loyola Health Law Program is taught by a vibrant mix of full-time faculty and practicing health lawyers. New Orleans is a diverse city with a thriving health care sector. Loyola is fortunate to have significant connections to many local institutions and government leaders to facilitate research and immediate impact in the community. The College of Law is noted for its long-standing commitment to social justice and its innovative use of experiential learning.

We especially welcome applications from candidates who will add to the diversity of our educational community and who have demonstrated expertise in working with a diverse student body. J.D. or equivalent is required. Practice experience, an interest in interdisciplinary scholarship, and program development experience are plus factors. 

About the College of Law

The College of Law is located in a largely residential area of New Orleans, one of the most culturally diverse cities in the United States, with unique cuisine, numerous museums and historical sites, and a flourishing arts community.  New Orleans is also the seat of the United States Fifth Circuit Court of Appeals, the Federal District Court for the Eastern District of Louisiana, the Louisiana Supreme Court, and the Louisiana Fourth Circuit Court of Appeals, as well as other lower courts.   The College of Law has a student population of approximately 500 students, over forty faculty members, active clinics that have spearheaded numerous social justice reform efforts, and summer programs in Europe and Central America.  Its location in Louisiana, one of the world’s best known “mixed jurisdictions,” provides unique opportunities for comparative and international law scholarship.

Loyola University New Orleans is an educational institution dedicated to fostering intellectual achievement, personal development, and social responsibility, and it is committed to the human dignity and worth of every person.  Loyola University New Orleans strives to create and maintain a working and learning environment in which individuals are treated with dignity, decency, and respect. The University acknowledges and values individual differences, including, but not limited to, the dimensions of race; color; sex; national origin; age; religion; gender identity; transgender status; sexual orientation; ethnicity; disability status; and marital status and citizenship status. We recognize that diversity enriches our social interactions and intellectual lives, and we strongly encourage applications from individuals who will bring diversity to the College of Law.

This Is What a Death Cult Looks Like

Posted here without comment.

 

University of Oklahoma College of Law Faculty Search Announcement

The University of Oklahoma College of Law 

Associate Professor of Law 

The University of Oklahoma College of Law seeks outstanding applicants, either entry level or pre-tenure lateral, to fill a full-time tenure-track position to begin fall semester 2021. Successful applicants must have a J.D. or equivalent academic degree, strong academic credentials, a commitment to excellence in teaching, and demonstrably outstanding potential for scholarship. We welcome candidates in all subject matter areas, with particular interest in filling curricular needs that include criminal law, family law, constitutional law, wills and trusts, bankruptcy, and real estate transactions. 

The University of Oklahoma is committed to achieving a diverse, equitable, and inclusive university community by embracing each person’s unique contributions, background, and perspectives. The University recognizes that fostering an inclusive environment for all, with particular attention to the needs of historically marginalized populations, is vital to the pursuit of excellence in all aspects of our institutional mission. This enhances the OU experience for all students, faculty and staff, and for the communities that we engage. In keeping with OU’s commitment in this regard, a successful applicant should demonstrate a commitment to cultural competence. The University of Oklahoma is an Equal Opportunity institution http://www.ou.edu/eoo/. Individuals with disabilities and protected veterans are encouraged to apply.

As part of the state’s flagship university, OU Law stands out as a high-quality, affordable, and forward-looking institution committed to developing a socially involved and inclusive modern legal profession. OU Law boasts world-class facilities and an increasingly diverse student body, with over a third of the 2020 entering students identifying as racial minorities. OU Law’s strong and growing national reputation is buttressed by a commitment to attracting, retaining, and supporting excellent faculty with publication placement bonuses, course reductions based on scholarly productivity, and recent increases to an already impressive number of endowed positions.

Our law school sits on the main OU campus in Norman, a vibrant university town alive with entertainment, arts, food, and sports. A perennial on “best place to live” rankings, Norman has excellent public schools and a low cost of living. Situated within the greater Oklahoma City Metro area, Norman is an easy commute to Oklahoma City which features a dynamic economy, outstanding cultural venues, and ready air travel access, adding to the region’s growing national appeal. Visit http://www.ou.edu/flipbook and http://soonerway.ou.edu for more information. 

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That Gohmert Lawsuit

Rep. Louie Gohmert, along with the eleven Trump/Pence would-be electors from Arizona, sued Vice President Pence in a Texas federal court, seeking to (1) declare the Electoral Count Act unconstitutional, and (2) confer exclusive authority on Pence to recognize electors, which (3) would mean accepting the votes of the "alternative" slate of Republican electors from Arizona and perhaps other states. Others have addressed the merits of the legal claims. Here, I want to point out that the central factual predicate of the complaint is apparently untrue. The complaint alleges,

“The Arizona Electors have cast Arizona’s electoral votes for President Donald J. Trump on December 14, 2020, at the Arizona State Capitol with the permission and endorsement of the Arizona Legislature” (emphasis added).

As far as I can tell, the bolded allegation is a false statement of fact. Although the eleven Trump electors, who are also plaintiffs in the case, purported to cast votes for Trump/Pence on December 14, they had at most the support of  22 Arizona legislators (out of 90) who signed a purported “joint resolution,”  which was manifestly not the endorsement of the Arizona Legislature (which appears not even to have been in session at the time). The assertion that the actual Arizona legislature endorsed the Republican slate is material to the Gohmert complaint, as it comprises the underlying factual basis for the claimed dispute over "which electoral votes may be counted." Without the so-called legislative endorsement, there could be no "competing slates of Republican and Democratic electors" for Pence to choose between.

This is exactly the sort of false statement that is covered by Rule 11 of the Federal Rules of Civil Procedure and Rule 3.3(a)(1) of the Rules of Professional Conduct.  Rule 11 requires that “factual allegations have evidentiary support." Rule 3.3(a)(1) likewise prohibits making “a false statement of fact or law to a tribunal." 

The complaint was signed by a member of the Texas bar. Also on the complaint were lawyers admitted to practice in New York and Washington, D.C. All three jurisdictions have adopted Rule 3.3(a)(1). Rule 11 is applicable to all pleadings in federal district court.

I have previously opposed the "weaponization" of lawyer disciplinary complaints such as the one brought by law professors against Kellyanne Conway. In this instance, however, the false statement was made in federal court pleadings rather than as political advocacy, which brings it much more squarely within Rule 11 and Rule 3.3(a)(1), both of which apply specifically to falsehoods in litigation.

NOTE: After writing this, but before posting, I came across a similar discussion in Derek Muller's Excess of Democracy blog, observing that a comparable false statement had been included in a SCOTUS brief in the Michigan litigation (submitted by three of the lawyers representing Gohmert, among others, with Sidney Powell as counsel of record).