The Faculty Lounge

Michael Yelnosky Stepping Down as Dean of Roger Williams Law

Dean Michael Yelnosky has announced that he will step down from his position and return to the faculty of Roger Williams Law at the end of this school year.  He became dean in 2014.  Yelnosky is a founding faculty member of the law school, having joined the RWU community in 1993.  

Will the Circle Be Unbroken

"Will the Circle Be Unbroken" was written in 1907 by Ada Habershon and set to music by Charles Gabriel. 

The original Habershon lyrics, which are seldom heard in full today, are in the clip right after the jump.

This Week's Musical Bonus

 

 

Hiring Announcement: Emory University School of Law

From an email message that I received earlier today:

Emory Law seeks to fill three faculty positions to begin in the 2020-21 academic year.

Candidates must have a J.D., Ph.D., or equivalent degree, a distinguished academic record, and a demonstrated record of outstanding scholarship. Candidates should complete the online application (information below). In addition, applicants should submit a cover letter, a current CV, a published or unpublished academic article, a brief research agenda, and an indication of teaching interests (if not listed on the CV) to the chair of the Faculty Appointments Committee, Polly J. Price, at pprice@emory.edu.  Applications will be considered on a rolling basis.

Assistant Professor—Health Law

Candidates for the tenure-track position in health law should be either new to law teaching or junior lateral candidates with no more than three years in a tenure-track position. Entry-level candidates are strongly encouraged to participate in the AALS Faculty Appointments Register. Lateral candidates should complete the online application by using this link.  

Business Law

Emory University School of Law seeks a lateral hire for a tenured position in business law to begin in the 2020-2021 academic year. Candidates should be already tenured at an ABA-approved law school and should complete the online application here.

International Law

A named professorship in international law may be awarded to a senior scholar. Candidates should have a distinguished publication record in either public or private international law, with a preference for the latter. Candidates should complete the online application using this link. 

Emory University School of Law strives for a world in which law provides a common framework for courageous leaders to engage our most complex social and economic challenges and to achieve positive social transformation by advancing the rule of law. Emory is dedicated to providing equal opportunities and equal access to all individuals regardless of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, and veteran's status.

Hiring Announcement: Washington and Lee University School of Law

From an email message that I received earlier today:

The Washington and Lee University School of Law seeks to hire a faculty member with research and teaching interests in the fields of civil procedure, federal courts, employment discrimination law and/or labor law.  Our school is excited to advance our trajectory of outstanding scholarship and teaching with a new hire.  In addition to this subject-matter focus, we look for an individual who will embrace and meaningfully contribute to our close-knit, collegial, and intellectually vibrant community. 

We warmly invite applications for a position as Assistant or Associate Professor of Law beginning July 1, 2020, and we are particularly focused on lateral candidates with between 2-4 years of experience.  In all cases, candidates for the position must demonstrate a record of excellence in both teaching and scholarship.

Chicago Tribune Editorial on the Dangers of High School Football

There is an editorial in today's Chicago Tribune following up on its recent article on the declining number of high school football players in Illinois. Here is the gist:

More parents and high school students are looking at the risks of a serious brain injury, known as chronic traumatic encephalopathy, or CTE, and deciding against the game. There are plenty of other sports and leisure activities for high schoolers, and lots of other ways to capture families’ time, energy and money. . . .

The scariest stats about football relate to CTE, the devastating brain disease found in 99 percent of NFL players whose remains were examined in one study. CTE was first identified in a professional football player in 2002 and can only be diagnosed after death. In some ways it’s still early days in understanding how severely football can injure its participants, with special attention on young athletes who play in high school or college but not the pros. They may quit the game, but damage remains. CTE has been found in those players, too, at lower rates.

You can read the entire editorial here. There is no mention of Andrew High School's coach Adam Lewandowski, who disparaged football-wary parents as "the kind who get scared and run and hide and cover their kids in bubble wrap."  But that sort of atavistic, tough-guy posturing surely contributes to football's declining participation rates.

Hiring Announcement: University of Chicago Law School (Bigelow Fellows)

From an email message that I received this week:

THE UNIVERSITY OF CHICAGO LAW SCHOOL. We seek to appoint several Bigelow Fellows, appointed at the rank of Lecturer, to teach in the school's legal research and writing program effective July 1, 2020 or thereafter. The appointment is for one year, but reappointment for a second term is also possible. Candidates must have a law degree from an accredited law school (J.D. strongly preferred) and be capable of designing and carrying out a program of tutorial instruction for first-year students. The Law School seeks candidates who demonstrate the promise of distinguished legal scholarship and law teaching, who have relevant experience that will qualify them to act as teachers and mentors of students, and who will bring diverse backgrounds and perspectives to the Law School that will enrich and improve student experiences and the Law School's intellectual culture.

The Bigelow Program has been very successful in placing its fellows in tenure-track academic positions in law schools. For further information, candidates should go to our website at http://www.law.uchicago.edu/bigelow/howtoapply.

Application Instructions

Applications only accepted at: apply.interfolio.com/65687. Resume, cover letter, reference contact information, writing sample(s), transcript, and 2-3 letters of recommendation must be submitted when applying. Applications will be accepted until all positions are filled or until June 30, 2020.

CFP: Trusts & Estates Collaborative Research Network, Law & Society 2020

CFP: Trusts & Estates Collaborative Research Network of Law and Society Association

Trusts & Estates Collaborative Research Network

Law and Society Association Annual Meeting

Denver, Colorado, May 28-31, 2020

Call for Participation – Deadline September 20, 2019

Submission Link: https://form.jotform.com/91848913844167

The Trusts & Estates Collaborative Research invites proposals for (i) individual papers to be organized into panels; (ii) fully-formed panel proposals; and (iii) proposals for other sessions such as Author Meets Reader, Salon, or Roundtable discussions that explore any aspect of the law, practice or effects of trusts, equity, and estates, broadly defined. We also seek volunteers to serve as Chairs and/or Discussants for paper panels. Successful proposals likely will bear in some way on succession (also referred to as inheritance) and/or wealth transfers (whether at death or during lifetime, outright or in trust). Subjects of inquiry may involve any aspect of government or social policy with respect to trusts, estates, inheritance, wealth transfer, equity or courts with jurisdiction over these issues.

If you would like to present an individual paper as part of a Trusts and Estates CRN panel, submit an idea for a fully-formed panel, or propose an Author Meets Reader, Salon or Roundtable session, please  submit a 500-word abstract/description by Friday, September 20, 2019 at 5:00 p.m. GMT via this link: https://form.jotform.com/91848913844167.

The planning committee will then attempt to organize the papers into panels with cohesive themes, and to populate other sessions as appropriate. You are welcome to link your paper in some way to the 2020 conference theme, “Rule and Resistance,” but there is no requirement to do so.

Law Professor Twitter Census 2019-2020 Edition - Call for Entries, Corrections, Revisions

Bumping to the front in anticipation of the 9/9/19 deadline.

If you'd like to be listed in the semi-regular census of law professor Twitter users (or confirm that you are listed already), please read on.

It’s been about one year since the last Law Prof Twitter Census here at the Lounge. My anecdotal impression is that the number of Twitter users continues to increase. (Prior surveys are here (2012), here (2012), here (2015), and here.

As with prior versions, the list is meant to cover individual law professor tweeters only (not accounts of groups, programs, blogs, law schools, print publications, students, practitioners, staff).  Folks should be full-time law school faculty members (not, say, law-trained profs working in business schools).  Non-U.S. law profs very, very welcome. Anonymous and pseudonymous accounts are not eligible for inclusion.

The downloadable, sortable spreadsheet can be edited directly by accessing this link. If you’d like to add your name, or if you would like to add to or modify your existing listing in census, the census calls for:

(a) Your name

(b) Your Twitter handle

(c) Your school affiliation

(d) Up to three subject-matter areas of interest that related to your teaching, scholarship or tweeting.

You can view the current list embedded below, too:

New entries and modifications due Monday, September 9, 2019 at 12:00 p.m. eastern.  All additions and edits to the list subject to the moderator’s approval. Please do not edit anyone’s information other than your own.  If you see errors or corrections that need to be made to a colleague’s entry, feel free to contact that colleague directly and ask the colleague to make the changes.

CFP: Penn State Law Review Symposium on Upcoming Technological Advances

The Penn State Law Review is now accepting articles for its annual symposium, which will be hosted in the Spring of 2020. This year, the topic of the Penn State Law Review Symposium will focus on the legal implications of upcoming technological advances, for example, artificial intelligence, autonomous vehicles, and big data. 

 

The symposium is intended to increase the breadth of research on such novel topics; stimulate discussion amongst attorneys, students, and academics; and enhance the overall understanding of the legal effects of such rapidly developing technological advancements. 

 

To facilitate the application process as easily as possible, the Law Review requests that all applicants use the attached form here: https://forms.gle/Lt95Z9zamMLKDAiz7. Please submits all application forms and inquiries no later than October 3, 2019 at 5:00 pm (EST) to Gaela Normile, the Law Review’s Executive Articles Editor, at PSLRsympsium@gmail.com. 

 

Applicants should expect to write and present his or her article at the symposium, which will be either late March or early April. All travel expenses will be reimbursed by the Law Review. In addition, applicants should expect that the Law Review may request further information. The Law Review will notify applicants whether they remain under consideration by October 15, 2019. Thank you.

CFP: Fourth Annual Regional Health Law Works-in-Progress

From colleagues at Seton Hall:

Seton Hall Law School Center for Health & Pharmaceutical Law & Policy

Fourth Annual Regional Health Law Works-in-Progress Retreat

Call for Papers

 

I am writing to invite you to participate in the Fourth Annual Regional Health Law Works-in-Progress Retreat, which will be held on Friday, February 7, 2020, at Seton Hall Law School in Newark, New Jersey.  The purpose of the retreat is to give area health law scholars an opportunity to share their work and exchange ideas in a friendly, informal setting.  The retreat is open to anyone with an academic appointment in health law, including professors, fellows, and visitors, in any institution of higher education (not just law schools).  While it is geared to people in the Northeast area, scholars from outside the area are also welcome to participate. 

During the retreat, we will engage in an in-depth discussion of 5-6 draft papers.  For each paper, we will designate two commentators, each of whom will have about 10 minutes to present comments and suggestions.  The author will then have 5 minutes to respond, after which we will open the floor to a general discussion among all retreat participants.

If you are interested in having your paper presented, we ask that you submit a preliminary draft or, if that is not possible, a detailed introduction or outline of at least 5 pages, no later than November 22, 2019. Submissions should be sent to Catherine Finizio, at catherine.Finizio@shu.edu, who will anonymize them before distributing them to the selection committee. (Please do not send your submission directly to me, as that would breach anonymity.)  We will select the papers to be presented by December 13, and we will then identify two commentators for each of the papers.  Final drafts will be due on January 24, 2020.  Drafts will be made available to all participants on a password-protected website. 

If you have any questions about the retreat, please don’t hesitate to contact me directly.

We hope very much that you will be able to join us.

Best regards,

 

Carl Coleman

Professor of Law
Academic Director, Division of Online Learning

Seton Hall Law School

(on behalf of the Seton Hall Law School Center for Health & Pharmaceutical Law & Policy, including Gaia Bernstein, Kathleen Boozang, Carl Coleman, Jacob Elberg, Laura Hoffman, John Jacobi, Katherine Moore, Jennifer Oliva, and Tara Ragone)

 

Hiring Announcement: Wake Forest University School of Law

From an email message I received this week:

Entry-Level Assistant Professor of Law

Wake Forest University School of Law invites applications for an entry-level tenure-track, Assistant Professor of Law position to begin in the 2020-21 academic year. Primary areas of interest include: Criminal Law, Criminal Procedure, and Intellectual Property. Secondary areas of interest include: International Law; Decedents, Trusts & Estates; Health Policy; Internet Law, Cybersecurity, Artificial Intelligence; Consumer Law; Civil Procedure; Land Use Planning; Tax; and other areas.

More information below the fold.

Lateral Faculty Position 

Wake Forest University School of Law invites applications for a lateral tenured or tenure-track faculty position to begin in the 2020-21 academic year. Primary areas of interest include: Criminal Law, Criminal Procedure, and Intellectual Property. Secondary areas of interest include: International Law; Decedents, Trusts & Estates; Health Policy; Internet Law, Cybersecurity, Artificial Intelligence; Consumer Law; Civil Procedure; Land Use Planning; Tax; and other areas.

More information below the fold.

Legal Writing Position - Tenure Track

Wake Forest University School of Law in Winston-Salem, North Carolina anticipates hiring a tenure-track Legal Analysis, Writing, & Research (LAWR) Professor to begin in 2020-2021. The Faculty Appointments Committee seeks applications from (1) entry-level candidates with excellent academic records and demonstrated potential for exceptional teaching and scholarly achievement, and (2) lateral candidates with outstanding academic credentials, including demonstrated teaching ability and a record of distinguished scholarship. 

What Does It Mean to "Strike" a Closing Argument in a Jury Trial?

As reported in Law 360, a New Jersey trial judge struck the entire defense closing argument in a mesolthelioma case against Johnson & Johnson, after the defense lawyer referred to the plaintiffs' claims as "lawsuit fiction."

Middlesex County Superior Court Judge Anna C. Visomi struck the closing argument of Weil Gotshal & Manges LLP's Diane Sullivan, who repeatedly suggested during her summation that attorneys for the four plaintiffs "created" evidence to back their claims that they developed terminal cancer from using the company's talcum powder.

According to the article, Sullivan had been repeatedly warned about her argument. To leave "only the appropriate comments on the record would be impossible," said the court.

When Sullivan objected to the "Draconian and unfair" measure, the judge told her to "stop the outbursts."

The article does not explain the practical impact for the case, which has been on trial since July 15. The jury was presumably told to disregard the defense argument, but how much difference can that make once that they've already heard it? We also don't know whether the rebuke to defense counsel was in front of the jury, or what other admonitions the court gave the jurors. 

Somewhat ironically, the defense later objected to when plaintiffs' counsel referred to the defense argument, on the ground that it had been stricken.

The Law 360 article is here. It is behind a paywall, but I believe you can sign up for free access.

Hiring Announcement: Illinois State University

From an email message that I received this week:

Illinois State University

Associate/Assistant Professor of Legal Studies

The Department of Politics and Government seeks applications for a nine-month, tenure-track faculty position in Legal Studies at the rank of either Associate or Assistant Professor to start on August 16, 2020. Candidates must have a JD degree conferred from an ABA-accredited school prior to the appointment start date. For a complete description please visit posting number 0712095 at https://www.jobs.ilstu.edu.

Illinois State University is an Equal Opportunity/Affirmative Action Employer.

Florida International University Seeks Lecturer in Legal Skills and Values

Lecturer in Legal Skills and Values

Florida International University College of Law, Florida’s public law school located in Miami, seeks applicants for entry-level or lateral appointments for the position of Lecturer in Legal Skills and Values. The start date for the position is August 2020.

The College of Law’s Legal Skills and Values program consists of two required courses in the first year of law school and an additional required course by the end of a student’s fourth semester. We are seeking dedicated legal writing and skills teachers to teach legal research, analysis, and written and oral communication skills, all with a heavy emphasis on professionalism.

Lateral candidates should show a demonstrated record of teaching excellence. Entry-level candidates should show commitment to excellence in teaching and significant potential as law teachers. Experience in legal practice and/or judicial clerkships is preferred. JD required. This is a full-time faculty appointment, with an initial one-year term, with the possibility of successive three-year or five-year terms.

Qualified candidates are encouraged to apply to Job Opening ID 519269 at https://facultycareers.fiu.edu and attach a cover letter and curriculum vitae in a single PDF file.

Florida International University Seeks Tenure-Line Faculty (Two Positions)

Assistant, Associate, or full Professor of Law (two positions)

Florida International University College of Law, Florida’s public law school located in Miami, invites applicants for two tenured or tenure-track Assistant, Associate, or full Professor of Law positions to begin in the 2020-21 academic year. Our primary curricular interests are Cyber Law (focusing on cybercrime/forensics, interconnected cities, infrastructure security, and general cybersecurity training and education), Environmental Law, Wills & Trusts, and Torts. The Cyber Law position may be a joint appointment with another FIU School or College.

Candidates must have a J.D. degree or its equivalent (or a Ph.D. for the Cyber Law position) and a strong academic record. In addition, applicants should demonstrate a track record or promise of outstanding scholarly achievement and effective teaching. Successful candidates will be expected to engage in scholarship, teaching and service. Rank as Assistant Professor, Associate Professor, or Professor will be determined based on qualifications and experience.

FIU Law is the only public law school in South Florida, established in 2001 on the idea that a high-quality legal education should be affordable and accessible to a broad, diverse community. In 6 of the past 8 administrations of the Florida bar exam, FIU Law has ranked first in bar passage among the 11 law schools in the State. In 2018, 84% of graduates secured full-time, long-term bar passage required and J.D. advantage jobs. FIU Law ranks as the most diverse law school in Florida, and the third most diverse nationally.

Qualified candidates are encouraged to apply to Job Opening ID 519267 at https://facultycareers.fiu.edu and attach a cover letter and curriculum vitae in a single PDF file.

Prior to a campus interview, applicants will also be required to submit a list of references. For any questions related to the position, please contact Appointments Committee co-chairs Jan Osei-Tutu (joseitut@fiu.edu) or Scott Norberg (norberg@fiu.edu). To receive full consideration, applications and required materials should be received by September 30. Review will continue until the positions are filled.

More on Football and CTE

I have the following letter in today's Chicago Tribune.  Coach Lewandowski's quote is in this Chicago Tribune article. My original post on the subject is here.

Mocking real concerns about football

Adam Lewandowski, the football coach at Andrew High School in Tinley Park, ridicules parents who are concerned about chronic traumatic encephalopathy (CTE), calling them “the kind who get scared and run and hide and cover their kids in bubble wrap,” adding, "That’s no way to live” (“Across state, football numbers taking a hit,” Aug. 30). It is therefore unsurprising that the number of Illinois high school football players has fallen by 25% in recent years, as parents are understandably wary of entrusting their sons to CTE deniers like Lewandowski.

As I hope the Consolidated High School District 230 board will soon acknowledge, no educator should belittle parents who want to protect their children from concussion risks. Kids can live quite well without football but much less so with brain damage.

— Steven Lubet

Jula Hughes Named Dean of Lakehead Law

Lakehead University, in Thunder Bay, Ontario, has named Professor Jula Hughes as its new dean.  Hughes, a faculty member at the University of New Brunswick, holds an LLB from the University of Ottawa and a Ph.D from the University of Erlangen.  She joins Lakehead in October.

Hiring Announcement: University of Kentucky College of Law

From an email message that I received recently:

THE UNIVERSITY OF KENTUCKY COLLEGE OF LAW invites applications for three, entry-level, tenure-track faculty positions at the rank of Assistant Professor, beginning in the Fall of 2020.  The College is seeking to fill needs in almost any area of law.  Some key areas include Business Associations, Civil Procedure, Contracts, Family Law, Property, Securities Regulation, and Trusts and Estates.  However, we are also interested in considering candidates who teach and/or research in other areas that are not included in this sample list of priorities.  The College of Law is an important part of a major research university and offers a collegial and supportive atmosphere for its faculty, staff, and students. Applicants should have a J.D. or equivalent law degree, a record of high academic achievement, and a demonstrated potential for excellence in teaching and in scholarly productivity. Salary for this position will be commensurate with experience. 

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

To receive consideration for this position, applicants must apply through the University of Kentucky’s Integrated Employment System at http://ukjobs.uky.edu/postings/232729 , 
http://ukjobs.uky.edu/postings/232745 , and http://ukjobs.uky.edu/postings/234775 where they can submit a letter of application and resume. The College seeks three entry-level faculty members, so please apply for all three openings. Please send any questions to Jennifer Bird-Pollan, Chair, Faculty Appointments Committee, by email to jbirdpollan@uky.edu, or by mail at the University of Kentucky College of Law, 620 South Limestone, Lexington, KY 40506-0048.

The End of Football?

The Chicago Tribune reports that participation in Illinois high school football has fallen to a 26 year low, in "a sign of the sport’s continuing struggle to attract athletes." The current number of players in Illinois represents a 25% drop over the past twelve years; nationally, the number has fallen by 8% over the same time period. There are various reasons for football's declining popularity. Student have become interested in other sports, including competitive video gaming, and many kids have lost enthusiasm for what coaches euphemistically call the "rigors" of football. Perhaps the biggest reason, however, is increasing awareness of concussions and the damage caused by chronic traumatic encephalopathy (CTE). Many parents have simply refused to allow their sons to play.

As one Chicago coach put it, according to the Tribune,

"These are really smart kids,” said Lane Tech coach Tony Faltin. “When you start talking concussions and permanent brain damage, you see some of these parents saying, ‘Eh, I don’t know if I want Johnny to play football.’"

Coach Adam Lewandowski, from suburban Andrew High School, however, was more old fashioned:

“People around here get it,” he said. “If they have questions (about safety), they do their research. They talk to doctors. They get the information back and feel good about it. They're not going to be the kind who get scared and run and hide and cover their kids in bubble wrap. That's no way to live."

If I had to guess, I would say that Coach Lewandowski's macho talk will eventually alienate more parents than he will attract. Protecting children from brain injury is not covering "their kids in bubble wrap,"  and ridiculing parents will not get them to endanger their sons. Awareness of concussion risk makes parents thoughtful, not hiding or scared. As I hope the Andrew High School administration will acknowledge, it is always wrong for an educator to belittle safety concerns -- even if he disagrees with them -- especially when they are well-founded.

The CTE deniers will eventually run out of players, first in high school, then in college, and finally in the NFL. And unlike baseball, hockey, and basketball, there is no pool of foreign athletes to fill the professional ranks if American high school kids stop playing.

This might well be time to go short in NFL futures.