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Some Berkeley law students have lost their minds
A measured statement from Dean Chemerinsky describing recent bad behavior at his law school. It's pretty clear what's going on: students who feel impotent in the face of the horrors in Gaza are taking it out on a symbolic representative, i.e., their Jewish Dean. There's a word for that, and it's not one that reflects…
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Representative Foxx continues her attack on the constitutional rights of public university faculty…
…now targetting Rutgers University and law professor Sahar Aziz in particular. There's a good letter from law professors in response here.
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The “peer” (academic) reputation score in USNews.com’s new ranking
The Blog Emperor compiles the data. One could quibble with some of these results (e.g., Stanford isn't #1, except maybe in California!), but for the top 20 or so it's a lot less misleading than the "overall" ranking.
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Reductio of originalism out of the 5th Circuit
Dueling was fine with the framers, ergo…. The problem with originalism is that it's unclear why anyone should care what those long dead people thought. There are other ways to effectuate separation of powers without tethering the present to the dead hand of a somewhat creepy past. UPDATE: I was April Fooled, although that says…
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Not an April Fool’s joke: Yale Law School hires an experienced and talented lawyer to the regular faculty
After being demoted to the 6th best law school in the country last year by USNEWS.COM, things seem to be changing! Jokes aside, Mr. West is very talented, but what's remarkable is that YLS hired him: a smart, articulate lawyer who knows a ton of law, and (I am told) is "conservative" (whatever that means). …
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Back when Larry Solum did parody SSRN postings on April Fool’s Day
This one, from 2010, led me to get requests for several years afterwards for the "paper"! I'm sorry he gave it up, I thought they were almost always very funny.
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Law Schools Unfairly Ranked by U.S. News
MOVING TO FRONT (ORIGINALLY POSTED OCT. 3 2011, SLIGHTLY REVISED IN THE INTERIM), SINCE IT IS TIMELY AGAIN I've occasionally commented in the past about particular schools that clearly had artificially low overall ranks in U.S. News, and readers e-mail me periodically asking about various schools in this regard. Since the overall rank in U.S. News is a…
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In Memoriam: Roberta Karmel (1937-2024)
Emerita at Brooklyn Law School, where she taught for more than three decades, Professor Karmel, an expert in securities regulation and corporate law, was also a partner at a major New York law firm and the first female commissioner of the S.E.C. The BLS memorial notice is here.
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Blast from the past: “Farmer’s intent”
Back in 2020, courtesy of legal philosopher Leslie Green (and still a classic!).
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Lawsky’s entry-level hiring report for 2024
If you've recently accepted a tenure-track job in law teaching, submit your information to Professor Lawsky here.
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University of New Hampshire Law School fires tenured professor in violation of her First Amendment and academic freedom rights
MOVING TO FRONT FROM MARCH 1–UPDATED Professor Ann Bartow, an intellectual property scholar and tenured professor, has been fired by the law school at the University of New Hampshire. As the faculty union puts it: The record is clear. The University of New Hampshire fired Professor Ann Bartow, a long-time tenured professor of law, after…
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With Spring break coming up here next week…
…the blog will be relatively quiet until the week of March 18. I may update the laterals list, and if there's significant breaking news, I'll try to get something up as well.
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Non-JD enrollment at “top 20ish” law schools
My former Texas colleague John Dzienkowski calls my attention to this astonishing chart showing non-JD enrollment (mostly LLM and SJD enrollment) at some leading law schools. LLM students are usually paying tuition, and are invisible to USNews.com rankings. Penn, which is half the size of Harvard, has as many non-JD students, which is extraordinary. So…
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In Memoriam: Larry Solan (1952-2024)
Recently emeritus at Brooklyn Law School (where he spent his academic career), Professor Solan did ground-breaking work at the intersection of linguistics and law, and founded BLS's unique Center for the Study of Law, Language, & Cognition. The BLS memorial notice is here.
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Harvard Law Dean John Manning to become Interim Provost at Harvard…
…while torts scholar John Goldberg at HLS will become Interim Dean.
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In Memoriam: Jerome Skolnick (1932-2024)
Professor Skolnick taught for many years at Berkeley (1970-1994), and then for the remainder of his career at NYU, where he was also emeritus. A leading law & society scholar, he wrote influential work on different aspects of the criminal justice system, especially the police. The Berkeley JSP memorial notice is here. (Thanks to Richard…
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ABA revisits “diversity” standard in wake of SCOTUS ruling on affirmative action at universities
The Blog Emperor has the basics (14 "identity" factors under consideration!).
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An observation on law review submission season…
…from lawprof Paul Horwitz (Alabama). You have to read the whole thing! (Thanks to Orin Kerr for flagging it on Twitter.)
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Penn faculty hearing board recommended sanctions for Amy Wax last summer; she is appealing
MOVING TO FRONT FROM FEBRUARY 24–SEE UPDATE The recommended sanctions consist in "a one-year suspension at half pay, the removal of her named chair and summer pay, and a requirement for Wax to note in public appearances that she is not speaking on behalf or as a member of Penn Carey Law." Only the last…
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Chat GPT goes to law school, again
And its grades are improving, this time at the University of Maryland.
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Against the ABA proposal to increased required “experiential” learning credits
Lawprof Joshua Silverstein's submission to the ABA raises some interesting issues: Download Silverstein Josh Comments Attachments re. Std 303 (and see also the attachments, including letters from then Stanford Dean Magill and UVA Dean Mahoney about the last proposal to increase the "experiential" learning requirement). (Earlier coverage.)
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Paul Campos, University of Colorado settle lawsuit
The lawsuit noted last summer has settled, it appears on the basis of the retaliation claim. Professor Campos received $60,000, and his law firm received $100,000. On the retaliation allegation, Professor Kerr had surmised last summer that the University would argue that removing Campos from a committee assignment wasn't retaliation for his complaining of discrimination…
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Fellowships/VAPs for aspiring law professors
The Blog Emperor has updated his valuable listing.
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Judges throws out lawsuit brought by Hastings descendents against UC San Francisco College of Law
Story here; the key bit: A judge found that an 1878 California law saying the state’s law school in San Francisco “shall forever be known” as Hastings College of the Law was not a binding contract, but simply an ordinary statute that future lawmakers were free to amend or repeal.
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ABA establishes “free speech” standards for law school accreditation purposes
Story here; an excerpt: Law schools will now be asked to explicitly protect free speech rights for faculty, students and staff as part of the ABA accreditation process. Though law school faculty have long enjoyed protections for academic freedom, this would be the first accreditation standard to address free speech for the entire community within…
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Harvard Law latest school to announce a free ride for students based on economic need
How many students will actually be affected by this is unclear from the announcement.
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In Memoriam: Dan L. Burk (1962-2024)
A founding member of the law faculty at the University of California, Irvine, Professor Burk taught prior to that at the University of Minnesota and Seton Hall University. He was a leading scholar in intellectual property and Cyberlaw (or "Internet law" as it was called when he was one of the first to write about…
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San Francisco City Attorney subpoenas USNews.com over its hospital rankings…
…suspecting conflicts of interest, and USNews.com sues claiming violation of its First Amendment right to mislead consumers (OK, they left out the "mislead consumers" part). As we've noted before, prevailing in a lawsuit against USNews.com would be difficult.
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In Memoriam: Marshall S. Shapo (1936-2023)
I only just learned of Professor Shapo's death in December. He was a longtime member of the law faculty at Northwestern University, where he was emeritus, and a leading scholar in the fields of torts and products liability. The Northwestern memorial notice is here.
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More on SCOTUS clerks and academia
A propos yesterday's post about the new half-million dollar signing bonuses for SCOTUS clerks and Professor Gordon's suggestion that this probably explains why we seem to be seeing fewer former SCOTUS clerks on the academic job market, Professor Sarah Lawsky (Northwestern) shared this useful graphs based on the data she collects on the rookie job…
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$500,000 is the new “norm” for signing bonuses for Supreme Court clerks
Wow! Perhaps some empirical legal studies scholars will examine whether hiring SCOTUS clerks really confers the appellate advantage some firms seem to think they do. UPDATE: Professor Jeff Gordon (Columbia) writes: Don't you think that one consequence of these lavish bonuses for Sup Ct clerks has been a marked fall off in the number of…
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Tom Ginsburg (Chicago) on Claire Finkelstein’s (Penn) call to repress pro-Palestinian speech on campus
This is apt: Professor Finkelstein is the latest in a long line of academics, from both the left and right, calling for the repression of campus speech they don’t like. Her position is the logical outgrowth of our era, in which students’ feelings take priority, and the use of terms like “violence” and “safety” have…
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In Memoriam: Charles Fried (1935-2024)
A longtime member of the Harvard Law faculty–who also served as an Associate Justice of the Supreme Judicial Court of Massachusetts and Solicitor General of the United States during the Reagan Administration–Professor Fried wrote widely in constitutional law, torts, contracts, and legal ethics, among other topics. I will add links to memorial notices as they…
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What the AALS needs to do going forward
Good suggestions from Northwestern lawprof Dan Rodriguez, a former AALS President, here. I hope somebody there listens!
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SCOTUS: Where’s the originalism?
Lawprof Eric Segall (Georgia State) comments.
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Law professors take on the Supreme Court
A lively account of the scholarly debate in the Washington Monthly.
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Most “influential” people in American legal education?
It's not for me to say; a lot of Deans and administrators, plus some guys with blogs. The "top twenty": 1. Erwin Chemerinsky (Dean, Berkeley) 2. Kellye Testy (President & CEO, LSAC) 3. Mark Alexander (Dean, Villanova; 2023 AALS President) 4. Paul Caron (Dean, Pepperdine, and "Blog Emperor"!) 5. Bobby Ahdieh (Dean, Texas A&M) 6. …
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There is no “caste” system in American law schools
I am in favor of increasing job security for all workers, including those in law schools, but it is beyond absurd to describe job security as a response to a "caste" system problem, for reasons I've explained before: [T]o refer to the existence of different jobs and positions, with different qualifications and expectations, as a…
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Law school policies on use of generative AI by students?
One report here. (LINK FIXED.) What are your schools doing? Submit your comment only once, it may take awhile to appear.

