February 25, 2015
Job Announcement: Fellow - Berkeley Center for Law, Business and the Economy (BCLBE)
Posted by David Zaring

The business law group there is extremely strong, and the way to apply can be found here.  The announcement:

Fellow - Berkeley Center for Law, Business and the Economy (BCLBE)

  • Boalt School of Law - JD Program


Open Feb 23, 2015 through Apr 30, 2015


Salary Range: Commensurate with experience 
Start Date: August 2015 or earlier by agreement 
This is a 100% time, one-year term contract position, with the possibility of renewal for a second year.

The Berkeley Center for Law, Business and the Economy is seeking to hire a Research Fellow.

The Berkeley Center for Law, Business and the Economy (BCLBE) is Berkeley Law’s hub for rigorous, relevant, empirically based research and education on the interrelationships of law, business, and the economy. BCLBE informs students, policymakers and the public of the implications of this innovative work to promote positive outcomes on business operations, economic growth, and market efficiency. BCLBE’s interdisciplinary approach to basic research, timely policy research, curriculum innovation, and public education empowers current and future leaders in business, law and policy to tackle the most pressing problems of today and tomorrow.

For more information on BCLBE, see http://www.law.berkeley.edu/bclbe.htm. If you have questions about the position, contact academicpositions@law.berkeley.edu.

Primary Responsibilities: 
The Fellow’s primary responsibilities will include:

• Working with the BCLBE faculty and staff to arrange and implement programming, including student events, conferences workshops and alumni and practitioner events. 
• Working with the BCLBE faculty and staff, to develop research topics in law, business and the economy; 
• Researching and writing white papers of publishable quality for policy-focused audiences, under the direction of faculty and staff; 
• Speaking at workshops, to the academic community and the press about research initiatives; 
• Assisting with other necessary aspects of the operation of BCLBE; and 
• Assisting faculty in research questions involving data collection.

In addition, the Fellow will be provided with a significant opportunity to develop a research and writing agenda, including authorship of their own research work.

Minimum Qualifications: 
• J.D. degree or equivalent is required at the time of application

Preferred Qualifications: 
• Relevant experience in corporate finance, programming, and/or quantitative research is preferred; 
• Excellent research, analytical and writing skills; 
• Excellent communication and interpersonal skills; 
• Organizational skills; 

• Self-starter able to prioritize and function both independently and collaboratively; 
• The ideal candidate will have a high degree of organization skills, experience and knowledge of business law and the ability to work capably with faculty and staff. The candidate should also have an interest in research and academia.

UC Berkeley offers an excellent benefits package as well as a number of policies and programs in place to support employees as they balance work and family. Information about health and retirement benefits can be viewed online at http://atyourservice.ucop.edu/.

Early applications are encouraged. The final deadline for applications is April 30, 2015.

Letters of reference and copies of scholarly transcripts may be requested of top candidates. All letters will be treated as confidential per University of California policy and California state law. Please refer potential referees, including when letters are provided via a dossier service or career center, to the UC Berkeley statement of confidentiality (http://apo.berkeley.edu/evalltr.html) prior to submitting their letters.

Berkeley Law is interested in candidates who will contribute to diversity and equal opportunity in higher education through research. Qualified women and members of underrepresented groups are strongly encouraged to apply.

The University of California is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age or protected veteran status. For the complete University of California nondiscrimination and affirmative action policy see: http://policy.ucop.edu/doc/4000376/NondiscrimAffirmAct.


More information about this recruitment: http://www.law.berkeley.edu/index.html



  • Curriculum Vitae

  • Cover Letter

  • Writing Sample


3 references required (contact information only)

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February 22, 2015
New Article: The Limited Liability Partnership in Bankruptcy
Posted by Christine Hurt

I hope everyone is having a great Oscar Sunday!  Scholastica and ExpressO tell me that I have successfully submitted my latest paper, but I think they mean that I have successfully uploaded my latest paper.  Anyway, months before it is published (if at all), you can get <i>The Limited Liability Partnership in Bankruptcy</i> here.  Here is the abstract:

Brobeck. Dewey. Howrey. Heller. Thelen. Coudert Brothers. These brand-name law firms had many things in common at one time, but today have one: bankruptcy. Individually, these firms expanded through hiring and mergers, took on expensive lease commitments, borrowed large sums of money, and then could not meet financial obligations once markets took a downturn and practice groups scattered to other firms. The firms also had an organizational structure in common: the limited liability partnership.
In business organizations classes, professors teach that if an LLP becomes insolvent, and has no assets to pay its obligations, the creditors of the LLP will not be able to enforce those obligations against the individual partners. In other words, partners in LLPs will not have to write a check from personal funds to make up a shortfall. Creditors doing business with an LLP, just as with a corporation, take this risk and have no expectation of satisfaction of claims by individual partners, absent an express guaranty. In bankruptcy terms, creditors look solely to the capital of the entity to satisfy claims. While bankruptcy proceedings involving general partnerships may have been uncommon, at least in theory, bankruptcy proceedings involving limited liability partnerships have recently become front-page news. The disintegration of large, complex LLPs, such as law firms, does not fit within the Restatement examples of small general partnerships that dissolve fairly swiftly and easily for at least two reasons. First, firm creditors, who have no recourse to individual partners’ wealth, wish to be satisfied in a bankruptcy proceeding. In this circumstance, federal bankruptcy law, not partnership law, will determine whether LLP partners will have to write a check from personal funds to satisfy obligations. Second, these mega-partnerships have numerous clients who require ongoing representation that can only be competently handled by the full attention of a solvent law firm. In these cases, the dissolved law firm has neither the staff nor the financial resources to handle sophisticated, long-term client needs such as complex litigation, acquisitions, or financings.  These prolonged, and lucrative, client matters cannot be simply “wound up” in the time frame that partnership law anticipates. The ongoing client relationship begins to look less like an obligation to be fulfilled and more like a valuable asset of the firm.
Partnership law would scrutinize the taking of firm business by former partners under duty of loyalty doctrines against usurping business opportunities and competing with one’s own partnership, both duties that terminate upon the dissolution of the general partnership or the dissociation of the partner. However, bankruptcy law is not as forgiving as the LLP statutes, and bankruptcy trustees view the situation very differently under the “unfinished business” doctrine. The bankruptcy trustee, representing the assets of the entity and attempting to salvage value for creditors, instead seeks to make sure that assets, including current client matters, remain in partnership solution unless exchanged for adequate consideration, even if the partners agree to let client matters stay with the exiting partners. This Article argues that the high-profile bankruptcies of Heller Ehrman LLP, Howrey LLP, Dewey & LeBeouf, LLP, and others show in stark relief the conflict between general partnership law and bankruptcy law. The emergence of the hybrid LLP creates an entity with general partnership characteristics, such as the right to co-manage and the imposition of fiduciary duties, but with limited liability for owner-partners. These characteristics co-exist peacefully until they do not, which seems to be at the point of dissolution. Then, the availability of limited liability changes partners’ incentives upon dissolution. Though bankruptcy law attempts to resolve this, it conflicts with partnership law to create more uncertainty.

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February 13, 2015
Job Announcement: Cardozo Dean Search
Posted by David Zaring

It's got to be the school that is the shortest total distance from both midtown Manhattan and Wall Street - the perfect deanship for our financially-minded readership!  Here's the announcement:

The Benjamin N. Cardozo School of Law is beginning a search for a new Dean.  The new Dean would succeed Matthew Diller, who has served with distinction for nearly six years, and who will be stepping down this summer.  The law school will post a formal search announcement in the near future.  In the meantime, immediate nominations, inquiries, and expressions of interest are welcome and encouraged.  Please send them to the Cardozo School of Law Dean Search Committee via Kathleen Horton, Director of the Cardozo Dean's Office, at khorton@yu.edu

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February 03, 2015
Admissions by Algorithm?
Posted by Christine Hurt

This morning on NPR, I listened to a short report on how people tend to lose trust in computer algorithms much more quickly than we lose trust in humans.  We compare a world of computer mistakes to a false world of zero human mistakes.  For example, if driverless cars get popular and one causes an accident, trust in driverless cars will plummet, even if driver-ful cars cause more accidents.  The report was merely interesting until Steve Inskeep and Shankar Vedantam used a hypothetical example far closer to home:  law school admissions.

INSKEEP: I wonder if there's another factor that comes into play here because you said one other reason that we trust humans is we presume that humans can learn. Aren't we entering a world in which the algorithms themselves will be learning more and more?
VEDANTAM: In fact, I think we've already entered that world, Steve. Algorithms not only learn, but they learn very well. So one of the things that computers are very good at doing is quickly learning how much weight to attach to the different components of a decision. So if you have students applying to law school, the computer might be able to say, here's how much attention you pay to their grades in college, to their LSAT scores, to their recommendation letters. Now, of course, many of us are comfortable with algorithms making decisions for other people. We just don't like it when algorithms make decisions about us.
INSKEEP: (Laughter) Don't make a decision about my law school application.
VEDANTAM: Precisely. Because we think we're unique and special, how can it possibly be that an algorithm can judge us? 

First, I'm very interested in why Vedantam used this example -- does he know of a law school that uses an admissions algorithm?

Second, if Vedantam does know of a law school that uses an admissions algorithm, I'll bet a lot of money that the algorithm isn't weighting and using factors that we believe will predict a student's future success, whether in law school or in the practice of law. I'm willing to bet that the algorithm judges whether the law students will improve/weaken their class profile of USNEWS purposes.

Finally, I wish we did live in the false world that Inskeep and Vedantam believe we live in -- where admissions committees not only are interested in the "whole file" of a candidate and treat them as unique and special and not as numbers, but also the second-best world that Inskeep and Vedantam are predicting -- where committees use algorithms to predict candidate success in the classroom and beyond based on markers and proxies.  I was talking to a physician friend who serves on the admissions committee of his medical school alma mater.  (Can you imagine a law school having practicing attorneys on admissions?)  He said they were not that interested in grades.  He said they looked for "hungry" and proxies for that.  He said his ideal med school candidate was someone who worked 40 hours a week during undergrad.  That sounds like a good world to me.

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January 15, 2015
The Law Student Transfer "Problem"
Posted by Christine Hurt

I saw this week at Tax Prof Blog a link to this article about the high numbers of transfer students that George Washington School of Law is accepting from oher schools, namely American University's Washington College of Law.  American's Associate Dean for Faculty and Academic Affairs has some choice words for this practice, which of course stems from the fact that a law school can bring in additional revenue with transfer students, whose LSAT/gpa's might otherwise have been reportable to ABA/USNews if admitted as 1Ls.  Theoretically, a school could shrink the entering class to maintain good stats, then increase transfers to make up the revenue.

One might criticize the practice as rankings gamesmanship, but Dean Varona seems to say the practice is "predatory" and unethical (he praises GW's new dean as being "ethical," so by reverse implication. . . .).  And, transfers obviously create categories of those who benefit, with those who have their best students skimmed off the top each year.  And, some law schools will be both the poached and the poachers.

So, I've had this debate with several of my professor friends at different schools, both the poaching and the poached.  And, of course, we wouldn't even be having this conversation without the USNews rankings.  (Back in the day, transfers were for fiancees and students with transferred spouses).  Even in today's climate, I think I come down on the side of the poached student.

First, I don't agree that ethical law schools have a duty not to take transfers in large numbers.  This comes close to a "gentlemen's agreement," which are usually nonagreements by nongentlemen.  I think there are enough regulatory monopolies at play here without adding more anti-competitive restrictions.  I also don't think students are being disloyal.  If they have performed especially well and have the opportunity to transfer to a school that has more on-campus interviews, networking possibilities, course offerings, and name recognition, then I say so be it.  I say let the market play out.

But, if we don't like this practice, what (legally) should be done?  (Abolishing the rankings being put aside.)  The NCAA has eligibility requirements that limit transfers, but what's a law school without a football team to do?

Feeder Schools could contract with law students.  Presumably, some of these top students are receiving scholarships from their 1L school.  Could that school require an incoming student to agree that, should the student transfer after 1L year for a non-emergency reason, then the student would have to repay the scholarship?  Would that scare off students or not?

Feeder Schools could make it administratively more difficult.  This seems pretty sneaky, but feeder schools could make their first-year curriculum different than recruiting schools so that transferring is hard.  For example, School A could leave off Con law until the second year.  Then, students transferring would be told that they have to take Con law with the first year students.  It might not stop the transfer, but it might give the student pause. I'm sure someone more creative could create a thornier transfer problem.

The ABA could require reporting of transfer students, whose statistics would be included in the statistics of the incoming class the year they transfer.  This would take away the benefit of shifting part of the X Year incoming class into the X+1 Year 2L class.

The ABA could create standards for the number of transfers as a percentage of the class.  I think this one is baloney, but I can imagine others disagreeing.

Of course, all of these suggestions are anti-student -- they restrict the student's decisionmaking on some very important decisions.

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October 15, 2014
Good Luck At AALS, And Here Are Some Alternatives!
Posted by David Zaring

I'm looking forward to seeing some of you at the meat market, Wharton is interviewing (and the deadline for applications is yet to come!).  We're not the only business law place, and I like to post the hiring notices of our competition for those inclined to peruse them.  After the fold, a few more, all in quite desirable locations.



The Boston University School of Management is now accepting applications for a full-time, non-tenure-track Clinical Professor in Ethics, effective July 1, 2015.   Successful applicants will be a senior faculty member who possesses an international reputation in business ethics.   Successful candidates will have an established record of teaching and writing in the area of ethics that may include any business discipline; demonstrated teaching abilities at the graduate level; and a terminal degree in business, management, or related areas. Applicants are welcome from business academic disciplines including: accounting, organizational behavior, finance, business law, information systems, marketing, strategy and strategic management, and operations management. The position will be housed in a department within the School based upon the successful candidate’s discipline.


We anticipate that this position will serve as the inaugural Academic Director for the newly created Harry Susilo Institute for Ethics in a Global Economy (http://www.bu.edu/today/2014/harry-susilo-institute-for-ethics-in-a-global-economy/), as well as serve as advisor to other institutional organizations. 


Interested candidates should electronically submit a letter of application, curriculum vita, and representative publications and teaching materials by November 15, 2014 via smgfacac@bu.edu  and addressed to: 


Professor Karen Golden-Biddle, Chair

Ethics Search Committee

Boston University School of Management

595 Commonwealth Avenue

Boston, MA  02215


We are an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status, or any other characteristic protected by law. We are a VEVRAA Federal Contractor.



Robinson College of Business, Department of Risk Management & Insurance




GEORGIA STATE UNIVERSITY invites applications for one or more tenure track and/or non-tenure track appointments in Legal Studies for openings effective fall 2015 in the Department of Risk Management and Insurance at the Robinson College of Business.  Rank is open but we expect to hire at the level of Assistant Professor (tenure track) and/or Clinical Assistant Professor (non-tenure track).




Candidates for a non-tenure track position must have significant professional experience as a lawyer, the capability for publishing research in refereed professional or pedagogical journals, evidence of excellence in teaching preferably in an accredited AACSB business school, and an earned J.D. from an ABA accredited law school.


Candidates for a tenure track position must have an earned J.D. from an ABA accredited law school, have the capability of significant scholarship in law reviews as well as peer reviewed journals, and capability for high quality teaching.  Candidates for more senior positions must have a significant and current scholarly research record consistent with appointment at the appropriate rank.


For all candidates we are particularly interested in those who study the relationship between law and risk. Applications from those with specific interests in the areas of life and disability insurance, employee benefits, and/or financial planning are especially welcome, but candidates in all areas of business law will be considered.




The mission of the Department of Risk Management and Insurance at Georgia State University is to better understand how risks faced by individuals, institutions, and societies can be more accurately measured and more efficiently managed. Faculty members have risk-related research interests including behavioral economics, experimental methods, actuarial science, mathematical finance, econometrics, household finance, corporate decision making, legal risk, and insurance economics, among others. 


The department is one of the oldest and most influential risk management programs in the U.S. and has a distinguished history of serving students, alumni, and the risk management profession for more than 60 years. We are currently rated #4 in the U.S. News and World Report ranking of RMI programs; we hold a Center of Actuarial Excellence designation from the Society of Actuaries; and we are an Accredited Risk Program according to the Professional Risk Management International Association (PRMIA).


The salary level and course load are competitive. 


Positions are contingent on budget approval. Applications received prior to November1 may be given preference, but applications will be accepted until the position is filled. To apply, send a letter of application, curriculum vitae, three recommendation letters, teaching evaluations, if any, to ademicjobsonline.org (strongly preferred) or mailed to Ms. Carmen Brown, Department of Risk Management & Insurance, Robinson College of Business, Georgia State University, PO Box 4036, Atlanta. GA 30302. Be sure to indicate in the cover letter that you are applying for the legal studies position (tenure track) or the legal studies position (Non-tenure track).


Georgia State University is an equal opportunity educational institution and an affirmative action employer.


Associate or Full Professor, Tenured

Legal Studies/Law

Departments of Legal Studies and Political Science

University of Central Florida


The University of Central Florida invites applicants for a faculty position at the rank of tenured Associate or Full Professor in the area of Legal Studies, International Law and/or National Security Law to begin August 2015.  We are seeking applications from distinguished senior scholars of law, who have exemplary records of research and publication, the potential for continued research and publications, and documented commitment to both undergraduate and graduate level teaching. 

The University of Central Florida (UCF) is the second largest university in the United States located in Orlando, Florida, with a student population of approximately 60,000 students.  The primary appointment for this position will be with the Department of Legal Studies, with a secondary joint appointment with the Department of Political Science. The Department of Legal Studies is within the College of Health and Public Affairs and the Department of Political Science is within the College of Sciences, two of twelve academic colleges within UCF.  The successful candidate will teach equally in both Departments and be expected to maintain a robust research and publication agenda.  The successful candidate will teach courses on international law and be expected to develop national security law courses and offerings for both the Legal Studies and Political Science Departments.  The University of Central Florida stresses the importance of community engagement and partnerships, and offers the unique opportunity for collaborative funded research and work with the community in a wide range of policy and management areas.

Qualifications:  The successful candidate must hold a J.D. and Ph.D. in Political Science, or a J.D. and LL.M. in International Law, National Security Law, or other closely related discipline (e.g., Military Law, Foreign Affairs Law, et cetera).   The successful candidate will be eligible for appointment as a tenured associate or full professor upon hire and must have a distinguished record of scholarly achievement and teaching experience commensurate with a tenured faculty appointment at the rank of associate or full professor.  Preference will be given to those candidates who have a strong background in undergraduate, graduate and/or professional level teaching and an active and well documented research record and agenda, as well as experience with funded research.  The successful candidate will also have the ability to effectively maintain productive collaborative relationships with the faculty of both Legal Studies and Political Science and mentor students from both programs. 

Application Process:  To apply, candidates must complete an online application at www.jobswithucf.com. Please also attach the following information:  1) a curriculum vitae; 2) a letter of intent succinctly describing your experience as related to the candidate qualifications delineated above; and 3) the names, addresses, and phone numbers of five professional references.  Applications for this position will be accepted October 30, 2014.

NOTE: Please have all documents ready when applying so they can be attached at that time. Once the online submission process is finalized, the system does not allow applicants to submit additional documents at a later date.


For further questions about the position, please contact Dr. Carol Bast, the Search Committee Chair, at carol.bast@ucf.edu.


UCF is an equal opportunity/affirmative action employer.  All qualified applicants are encouraged to apply, including minorities, women, veterans and individuals with disabilities.  As a Florida public university, UCF makes all application materials available to the public upon request.  For further questions about the position, please contact Dr. Carol Bast, the Search Committee Chair, at Carol.Bast@ucf.edu.   


Assistant or Associate Professor

Department of Management, College of Business


The Position:  The Department of Management is inviting applications for a full time tenure-track position in Business Law / Legal Environment of Business beginning in Fall 2015.  Position is contingent on funding.  As a university that educates students of various ethnic and cultural backgrounds, we value a diverse faculty and staff. The University is an Equal Opportunity Employer and does not discriminate against persons on the basis of race, religion, color, ancestry, age, disability, genetic information, gender, gender identity, gender expression, marital status, medical condition, National origin, sex, sexual orientation, covered veteran status, or any other protected status. We also welcome those who share a passion and commitment to the University's Strategic Priorities-http://www.csuchico.edu/vpaa/wasc/StrategicPrior/.


Minimum Qualifications:  The minimum education requirement for appointment to this position is a Jurist Doctorate (JD) from an ABA-accredited law school.


Preferred Qualifications:  Preference will be given to applicants with strong oral and written communication skills, excellent interpersonal skills, prior teaching experience, an undergraduate degree in business or a related field, an MBA from an AACSB international-accredited school, and a strong record of practicing law in areas relating to business. Preference will also be given to applicants with Membership in the State of California Bar.


Responsibilities: This tenure-track position carries responsibilities in the areas of teaching, scholarship and service. Primary teaching responsibilities will include undergraduate courses in legal environment of business/business law, employment law, labor law, and law for the entrepreneur. Successful candidates must have demonstrated ability or a high potential for outstanding teaching and the capacity to conduct publishable research in refereed pedagogical, practitioner, or disciplinary journals. Faculty typically teach three sections per semester, fulfill service obligations, and publish in double-blind refereed, peer reviewed journals. 


Salary: Salary commensurate with education and experience.


The Department:   The Management Department is the largest of the four departments within the College of Business (http://www.csuchico.edu/cob/) and offers several degree options as part of the B.S. in Business Administration:  Management, Human Resources Management, Project Management and Entrepreneurship and Small Business Management, as well as minors in Managing Diversity in Organizations, Managing for Sustainability, Entrepreneurship and Project Management.  The department also offers several of the required courses for students pursuing their MBA.  The primary focus of California State University, Chico is teaching, and the College of Business’ mission statement emphasizes a student-centered learning environment. The College of Business is accredited by AACSB International.  


The University offers an excellent comprehensive benefits package.  For a detailed description of these benefits, see http://www.csuchico.edu/hr/benefits/. Scholarship is supported by the college and university through attractive research incentive programs, professional and pedagogical travel support, access to databases, grant writing support, and professional development funds. 


The city of Chico is located in beautiful northern California at the foothills of the Sierra Nevada Mountains – just hours away from San Francisco, Napa, Lake Tahoe and the Redwoods. 


Closing Date:  Formal review of applications will begin on October 3nd.  Applications received after that date may not receive full consideration.




How to Apply:   All applicants must complete (with original signature) the Application for Academic Employment Form, which is available on-line at http://www.csuchico.edu/faaf/facultyrecruit/facultyapplication.pdf  to be submitted with the following:


• A cover letter clearly stating the candidate’s teaching and research experience and interests and that addresses the duties and qualifications articulated in the position description;

• A current curriculum vitae;

• Three references, with contact information;

• A research writing sample (manuscript, publication, etc.);

• A statement of teaching philosophy;

• Sample course syllabi and official student evaluations, if available


Finalists for the position will be required to:

• Make a research presentation;

• Make a teaching presentation.


Electronic submissions are highly preferred and should be addressed to the Department of Management Search Committee for Business Law.  Please address all nominations, inquiries, and hard copy application materials as early as possible to:


Tess Hocking  tkhocking@csuchico.edu

For the Chair, Department of Management

College of Business

The California State University, Chico

Chico, CA 95929-0031

Phone:  (530) 898-5663

Fax:      (530) 898-5501



An annual security report disclosing crime statistics for California State University, Chico

can be obtained by contacting the Chico State University Police Department (530-898-5555)

or by accessing the following website: www.csuchico.edu/up/clery_report.shtml


The person holding this position is considered a “mandated reporter” under the California Child Abuse and Neglect Reporting Act and is required to comply with the requirements set forth in CSU Executive Order 1083 as a condition of employment.


For disability related accommodations please call ADA Coordinator at (530) 898-5959.


CSU, Chico is EOE/M/F/Vets/Disability Employer and also only employs individuals authorized to work in the U.S. Final candidates will be required to undergo a background check using LiveScan Screening at the CSU Chico police department.


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October 08, 2014
The Death of the Bluebook Monopoly?
Posted by Christine Hurt

So, I have thought a lot during my teaching career about the Bluebook.  I wrote down some of my thoughts here and here, and even co-authored a book and some online exercises here.  So, when I saw a headline on my feedly feed today that reads "Is The Bluebook About To Be Killed Off?" that was link teaser I couldn't ignore.

Almost 15 years ago, the Association of Legal Writing Directors attempted to kill off the Bluebook with the ALWD Manual.  Like the Maroon Book before it, the ALWD did little to knock the student-edited Bluebook off its lucrative pedastal.  The newest challenger is not a competitor, but its own Tenth Edition.  (As an unabashed collector, I have my own copy, pictured here.)

IMG_1446According to ATL, Professor Christopher Sprigman (NYU) has sent a letter to the holder of the Bluebook copyright, the Harvard Law Review Association, asserting that the copyright of the Tenth Edition (1958) has fallen into the public domain.  Furthermore, Publicresource.org is planning on making electronic copies of the Tenth Edition available to everyone.

Will the availability of the 124-page Tenth Edition kill sales of the Nineteenth or the upcoming Twentieth Edition?  Hard to say.  Most folks who practice law or who produce legal scholarship have already internalized the basic rules found in this volume.  I would hazard a hypothesis that law graduates turn to the modern edition for the hard questions, the esoteric sources, which the Tenth Edition doesn't cover.  Another reason I pick up the Nineteenth Edition is to check the appendices -- what's the form of the statutes in [insert state here]?  The Tenth Edition doesn't have those appendices, listing every reporter and statutory publication in every jurisdiction ever.  That is why the Tenth Edition is only 124 pages long.  I also pick up the modern edition to see if I need to abbreviate words in my case name, etc. according to T.6.  The Tenth Edition "Table 6" is embedded into Rule 1:1:3 and basically one short page.  But, if you are dealing with a "steamship" or a "Telegraph," it can really help you out. IMG_1447[1]

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September 19, 2014
Business Law At Oklahoma State
Posted by David Zaring

They've been doing some interesting hiring at OSU, lately, and this year they will be doing some more. The position announcement is after the jump.


Oklahoma State University, Department of Economics and Legal Studies, Stillwater, Oklahoma, seeks outstanding applicants for a tenure-track position in legal studies at the rank of assistant professor beginning August 2015, contingent upon available funding. 


Qualifications: a J.D. or LL.M. from an ABA-accredited law school is required. Membership in a state  bar association, previous experience teaching law at the university level, a history of scholarly research  and publications, law review membership, and an undergraduate degree in business and/or an MBA degree from an accredited college or university are highly desirable. 


The Spears School of Business is AACSB accredited, and applicants should be academically qualified under AACSB standards and willing to maintain that qualification. The successful applicants will have strong potential for outstanding research leading to publication in highly-ranked journals and for teaching at the undergraduate and graduate levels. Successful applicants will be expected to teach the legal and regulatory environment of business and other business law courses. The teaching load is two classes each semester. 


We especially welcome applications from individuals who would contribute to the diversity of our faculty. 


Applications will be accepted online at https://jobs.okstate.edu. Please search for listing number 11073 under faculty positions. Only the Personal Information section of the application needs to be completed. Applicants should upload a curriculum vita, law school transcripts, evidence of teaching effectiveness, a research sample and contact information for three references. Applications must be received no later than October 15, 2014, for full consideration, but will be accepted until the position is filled. 


Oklahoma State University is an Affirmative Action/Equal Opportunity/E-verify employer committed to diversity. All qualified applicants will receive consideration for employment and 


will not be discriminated against based on race, color, religion, sex, national origin, disability or protected veteran status. OSU is a VEVRAA Federal Contractor and desires priority referrals of protected veterans for its openings. OSU-Stillwater is a tobacco-free campus. 


Inquiries for additional information should be sent to Lee Adkins, Head, Department of Economics and Legal Studies, Oklahoma State University, 339 Business Building, Stillwater, OK 74078; phone (405) 744-5195; e-mail lee.adkins@okstate.edu.

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September 02, 2014
University of Illinois Law School Faculty Blog -- Welcome to the Blawgosphere! (And link to Rob Kar on the Salaita Controversy)
Posted by Christine Hurt

So, I guess the Illinois law faculty was just waiting for me to leave to start a blog!  Congratulations on their new arrival, which promises to be very interesting and informative.  The first post I read was definitely link-worthy.  My friend and former colleague Rob Kar writes on another Urbana-Champaign development that I am out-of-the-loop regarding:  the non-hiring of Steven Salaita.  The Salaita affair has drawn a lot of writing from First Amendment/Academic Freedom quarters, but Rob analyzes it from a contract law perspective.  Good reading!


UPDATE:  In finally getting a chance to do some blog-browsing today, I notice that Dave Hoffman has also been thinking about the contracts angle to this case.  Here and here and here.

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August 28, 2014
2014 Aspiring Law Professors Conference at Arizona State University
Posted by Christine Hurt

AsuIt is that time again!  Time for appointments committees, FAR forms, and the AALS hiring conference!  If you are going to be on the candidate end of those things this year, or (even better) going to be a candidate next year (or so), then you should definitely make an effort to attend the 2014 Aspiring Law Professors Conference at the Sandra Day O'Connor School of Law at Arizona State University on Saturday, September 27, 2014.

I am being completely honest in saying that this conference has to be the most useful eight hours that you will spend if you are interested in going into law teaching.  Whether you are in practice trying to decide whether to wade into academic waters or a VAP or fellow poised to pounce on the hiring conference in October, this conference is well worth your time and plane ticket.  (There is no registration fee.)  I was honored to be a speaker last year and came away believing that I had never added so much value at any conference before.

What do you get if you go?  You get a few presentations and panels, but you also get one-on-one attention in a mock interview and/or mock job talk.  Now, I know that at a lot of fellowships/VAP programs, you get mock interviews and mock job talks, but not everyone has that opportunity.  And, it's a different feeling when you are having those mock experiences with strangers -- appointments veterans and even deans of other law schools.

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August 13, 2014
University of Alabama School of Law is looking for a business law scholar
Posted by Gordon Smith

Here is the information:

The University of Alabama School of Law anticipates making at least one tenure-track appointment to its faculty, to begin in the 2015-2016 academic year. The Faculty Appointments Committee seeks applications from entry-level candidates with excellent academic records and demonstrated potential for outstanding teaching and scholarly achievement. We also welcome applications from junior-lateral candidates who possess outstanding academic credentials, including demonstrated teaching ability and a record of distinguished scholarship. Although positions are not necessarily limited by subject matter, we are particularly interested in the following academic subject areas: business law (including enterprise, finance, and/or securities); administrative regulation (including the regulatory state and/or regulated industries or activities); intellectual property (specifically trademark and copyright); and criminal law (including substantive criminal law and/or criminal procedure). Most candidates will have a J.D. degree from an accredited law school. Exceptional candidates who possess an advanced degree, such as a Ph.D., and who have scholarly interests related to the law involving interdisciplinary, jurisprudential, empirical, or social scientific work may be considered even without holding a law degree. The University of Alabama embraces and welcomes diversity in its faculty, student body, and staff; accordingly, the School of Law actively welcomes applications from persons who would add to the diversity of our academic community.

 Salary, benefits, and research support will be nationally competitive. The School of Law will treat all nominations and applications as strictly confidential, subject only to the requirements of state and federal law. Interested candidates should apply online at facultyjobs.ua.edu. The positions will remain open until filled. Please refer any questions about the hiring process to Professor Julie A. Hill, Chair of the Faculty Appointments Committee for the 2014-2015 academic year (email: facappts@law.ua.edu).

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July 29, 2014
Position Announcements: Law In Business Schools in Indiana, Texas, Pennsylvania, Massachusetts, California, & Ohio
Posted by David Zaring

The announcements are after the jump; one of them you may have seen already, but all of them require applications outside of the AALS FAR process, and are, in my view, well worth your consideration.


Department of Business Law and Ethics

The Kelley School of Business at Indiana University seeks applications for open-rank, tenure-track positions in the Department of Business Law and Ethics, effective August 2015. The candidates selected will join a well-established department of 16 full-time faculty members who teach a variety of courses on legal topics and business ethics at both the undergraduate and graduate levels.

To be qualified, a candidate must have a J.D. degree with an excellent academic record and must demonstrate the potential for outstanding teaching and research in law and/or ethics.

Interested candidates should review the application requirements and submit their application at http://indiana.peopleadmin.com/postings/920. Candidates should direct any questions to Jamie Darin Prenkert, Chair, Department of Business Law and Ethics, Kelley School of Business, 1309 E 10th Street, Bloomington, IN 47405 or japrenke@indiana.edu.   

Application materials received by October 15, 2014, will be given full consideration.

Indiana University is an equal employment and affirmative action employer and a provider of ADA services.  All qualified applicants will receive consideration for employment without regard to age, ethnicity, color, race, religion, sex, sexual orientation or identity, national origin, disability status or protected veteran status.

Non-Tenure-Track Position(s)


Department of Business Law and Ethics

The Kelley School of Business at Indiana University seeks applications for full time, non-tenure-track lecturer or clinical faculty positions in the Department of Business Law and Ethics, effective August 2015. The candidates selected will join a well-established department of 16 full-time faculty members who teach a variety of courses on legal topics and business ethics at both the undergraduate and graduate levels.

To be qualified, a lecturer candidate must have a J.D. degree with an excellent academic record and must demonstrate the potential to be an outstanding teacher in business law and/or ethics courses. Ideal candidates for clinical faculty positions will meet all of the requirements of a lecturer candidate and will have had career experience in law or ethics and compliance that is significant in duration and that indicates the attainment of a substantial level of responsibility and leadership.

Interested candidates should review the application requirements and submit their application at http://indiana.peopleadmin.com/postings/921. Candidates should direct any questions to Jamie Darin Prenkert, Chair, Department of Business Law and Ethics, Kelley School of Business, 1309 E 10th Street, Bloomington, IN 47405 or japrenke@indiana.edu.   

Application materials received by November 15, 2014, will be given full consideration.

Indiana University is an equal employment and affirmative action employer and a provider of ADA services.  All qualified applicants will receive consideration for employment without regard to age, ethnicity, color, race, religion, sex, sexual orientation or identity, national origin, disability status or protected veteran status.


The Wharton School at the University of Pennsylvania invites applications for tenured and tenure-track positions in its Department of Legal Studies and Business Ethics.  The Department has eighteen full-time faculty who teach a wide variety of business-oriented courses in law and ethics in the undergraduate, MBA, and Ph.D. programs and whose research is regularly published in leading journals.  The Wharton School has one of the largest and best-published business school faculties in the world.  In addition, the school has a global reach and perspective, as well as an interdisciplinary approach to business issues (embracing ten academic departments and over twenty research centers). 

Applicants must have either a Ph.D., J.D., or both, from an accredited institution (an expected completion date no later than July 1, 2016 is acceptable) and a demonstrated commitment to scholarship in business ethics, business law, or a combination of the two fields.  Specific areas of potential focus for hiring include corporate governance, normative ethics related to business, social impact/sustainability, securities regulation, and health law/bioethics.  The appointment is expected to begin July 1, 2015.

Please submit electronically your letter of introduction, c.v., and one selected article or writing sample in PDF format via the following website by November 1, 2014: APPLY.  Some decisions for interviews will be made before the deadline, so candidates are encouraged to apply early.

The University of Pennsylvania is an equal opportunity employer.  Minorities, women, individuals with disabilities, protected veterans are encouraged to apply.


Subject: Position opening: Business Law/Real Estate, California State University Northridge

California State University, Northridge (in the L.A. area) has an opening for a tenure track faculty member to support our expanding real estate program.  Here's a link to the application: http://www.csun.edu/sites/default/files/AA1%20BLAW%20AY15-16%28Revised%29.pdf Both Stuart Pardau and Melanie Williams will be at the Annual Conference and would be happy to talk about the position and our programs. 


The Accounting Department of the Lindner College of Business at the University of Cincinnati invites applicants for up to two full-time Professor of Business Law, Educator track positions (nontenured, but union), with an August 2015 start date. UC has a large accounting program, with 700 undergraduate majors, a Master of Science in Accounting, a Master of Science in Taxation, and a doctoral program. Business Law is part of the Accounting Department, and offers required and elective business law courses at both the undergraduate and graduate levels (including MS Accounting). The Lindner College of Business is nationally ranked in the top 100 business schools, and the MBA program was recently ranked #60 nationally by US News and World Report.

Primary responsibilities involve teaching and related service activities. High quality teaching is expected; teaching load and rank will be determined commensurate with teaching credentials, prior professional law experience, and prior research productivity. Sustained academic and professional engagement is required, and publishing in quality business law related journal is desirable.  

 Candidates must have a JD from an accredited institution approved by the US American Bar Association (ABA) and be licensed to practice law in a US jurisdiction.  

 Preferred qualifications include: an undergraduate or graduate degree in accounting or business; professional law or tax work experience; experience teaching undergraduate and graduate business law courses at a US AACSB accredited institution, with evidence of effective classroom outcomes; the ability to interact effectively and professionally with other faculty and the business community; a passion for teaching and mentoring students; the ability to build quality academic programs; and research skills and recent journal publications. Candidates must possess both written and spoken English fluency, and provide evidence of such throughout the interview process.  

 Representatives will be available at the Academy of Legal Studies in Business (ALSB) meeting in Seattle in August.  If interested in meeting with a UC representative in Seattle, please contact Ilse Hawkins at hawkinis@ucmail.uc.edu

 For additional information about the university please go to www.uc.edu.  To apply for position (214UC8724), please see www.jobsatuc.com.  For questions, please contact Ilse Hawkins at hawkinis@ucmail.uc.edu  or the Department Head, Dr. Robert Larson at Robert.Larson@uc.edu.


The Department of Ethics & Business Law in the Opus College of Business at the University of St. Thomas has an opening for a one-year position as a Visiting Distinguished Service Faculty in Business Law, for the 2014-15 academic year.  This position will involve teaching three courses (including International Business Law) each semester.  To apply (and for more information about this position), visit this site: https://facultyemployment-stthomas.icims.com/jobs/1252/visiting-distinguished-service-faculty-in-business-law/job, and submit an online application (two letters of recommendation to be sent separately).  Additional questions can be directed to the search committee chair, Dale Thompson (dbthompson@stthomas.edu).


The College of Business Administration (COBA) at Texas A&M University--Central Texas (A&M-Central Texas) is currently looking for new faculty members in our Management and Marketing Department with a particular need for someone able to teach employment law, labor relations, and legal environment of business courses (all three in an academic year) beginning in the fall of 2015.

A&M-Central Texas was established in 2009 as an upper-level undergraduate and graduate institution within the Texas A&M University System.  Although we are young and developing, the state, the region, the U.S. Army, the Texas A&M System, and a Silicon Valley investment group are all making considerable investments in our success.  In 2010, the U.S. Army donated 600+ acres of land for our campus, and our second building on the new campus just opened this summer, with others to follow, including a building to house COBA.

A&M-Central Texas is accredited by the Southern Association of Colleges & Schools Commission on Colleges and COBA is currently ACSBP accredited. We are excited to announce that in March we formally began an exciting journey towards AACSB accreditation by becoming a member institution and have continued to work diligently on that goal over the last several months.

We are located in Killeen, TX, a city of about 120,000 (not including the 50,000+ on Fort Hood, which is the largest Army installation in the world).  Killeen is about an hour north of Austin, and just a few miles west of the I-35 corridor, which is one of the fastest trans-metropolitan regions in North America.  Killeen is part of an MSA of over 400 thousand, which grew an astonishing 30% between 2000 and 2010, and has been virtually recession-proof.  New investment and construction has continued unabated at a breakneck pace since 2009, and the State of Texas currently operates with a large budget surplus.  A&M-Central Texas also has the most diverse student body in Texas, and Killeen is one of the most ethnically diverse cities in the state (owing a lot to Fort Hood).  

Furthermore, the cost of living can't be beat: the median home value in this ZIP code is around $125,000, and the cost-of-living index is only 87 (100 is average).

Our student body is non-traditional, with an average age of about 33 years, but that has been trending downward.  We have a lot of active duty and veteran military personnel, but a growing proportion of civilians.  Most of our classes are offered in the afternoon and evening, but we are moving toward more traditional morning/day classes.  In addition, because of our strong ties to serving military personnel around the world, we also offer many courses online (40%).  This is an important element of our university mission, and is not driven solely by cost considerations.  

We have excellent online course technology, technical support, and a course development support staff to help those with little or no online teaching experience get up to speed.  Depending on preferences, most full-time faculty teach anywhere from 25%-50% of their courses online. 

Faculty members would first and foremost be expected to provide excellent instruction, but a significant part of faculty evaluation includes university and professional service and scholarship.  The research and publication expectations here are modest and commensurate with our teaching mission.  There is ample flexibility and funding support to engage in scholarly activities, and many of our faculty members do it very well.  Our current faculty members have published in noteworthy journals and have served on several major editorial boards.  We are looking for people who can and want to do research, but who are equally concerned with quality teaching and having an impact on students and in the community.  Our primary concern is that you care deeply about what you write about and are bringing that excitement and knowledge into the classroom.  

Teaching at a young, growing institution is a lot of work, but it's also a unique opportunity to have the flexibility to do scholarship and service that "counts" in many different ways, and to be able to put your fingerprint on an institution that is changing lives daily, and hopefully for many years to come.  

Successful candidates must be able to demonstrate the capability to teach at a high level in both face to face and online course formats, which assumes strong technological skills and hopefully experience using learning management systems like Blackboard. This will be a tenure track appointment at the rank of either Assistant or Associate Professor and pay commensurate with one’s experience and the norms of similarly situated institutions.

Lucas Loafman who is the Chair of the A&M-Central Texas Management & Marketing Department, and a longtime ALSB member, will be in Seattle Tuesday, Wednesday, and Thursday to speak with interested applicants. 

If you have any questions or are interested in discussing this with him in Seattle, he may be reached at loafman@tamuct.edu.

To apply visit the TAMUCT jobs site (posting to appear soon): https://www.tamuctjobs.com/applicants/jsp/shared/Welcome_css.jsp


Babson College has an opening for a tenure track Assistant or Associate Professor of Business Law.  Would you please notify the list serve?  Carolyn Hotchkiss and I will be attending the Seattle Conference and can informally chat to anyone interested about life at Babson College.  Formal interviews will take place this Fall. 

Here is the link:  https://babson.peopleadmin.com/postings/3009

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July 25, 2014
On Being Associate Dean
Posted by Gordon Smith

For the past five years, I have served as Associate Dean of Faculty and Curriculum at the BYU Law School. Dean Jim Rasband announced today that I would be stepping down from that position to resume the life of a regular law professor. Surprisingly, reading that announcement was bittersweet for me.

No law school professor I know aspires to be an associate dean. Over the past few years, whenever I would see Bob Rasmussen, Dean of USC's Law School, he would say, "You have the worst job in legal education." A few years ago Peter Joy, then Vice Dean of Washington University School of Law, distributed to his fellow associate deans a toy fire hydrant with the label "Associate Dean" on the side. You get the idea.

Despite the difficult job description, I have been blessed to work with Dean Jim Rasband, one of the finest people I have ever known, and with Kif Augustine-Adams and Brett Scharffs, who took turns serving as the other associate dean. Working closely with these people has been a life-changing experience for me in every good way that you can imagine.

This has also been a time of great change at BYU Law School. If you are not familiar with BYU Law School, I hope you will look more closely at what we are creating. I am confident that my colleagues, including my successor in the deanery, RonNell Andersen Jones, will continue to move this institution forward, even during this time of great challenges for law schools.

With my release, I will have time to prepare for my new course (with Justice Tom Lee and Stephen Mouritsen) on Law and Corpus Linguistics, finish a few law review articles, catch up on my email inbox, and do some more law blogging. But the best news from a professional standpoint is that I will be on leave during the winter semester. I am planning to workshop a few papers relating to fiduciary law and law and entrepreneurship, and, though my schedule is filling quickly, if you have any openings in your workshop series, I would welcome the invitation.

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June 06, 2014
Is a High Grading Curve Really News?
Posted by Christine Hurt

Yesterday, ATL posted about an email attachment gone awry at a top law school so that the names/grades/ranks of students with judicial clerkships was sent to something close to the whole world by now.  (i'm pretty sure you can find it if you want to see it, so I don't feel the need to link.)  That unfortunate event seems newsworthy, though not unprecedented.  And, I do feel for the students, who have to endure the unwanted (for some) publicity.  I would think, however, that a simple post would be the beginning and end of the story, but that would mean the story would disappear after one news cycle:  Law school official makes mistake; law school apologizes.

But, ATL "mines the data" and appears shocked to find out that a 3.40 gpa puts a student in the 50% percentile.  Um, yes.  That means that the schools has a 3.4 mean, I'm guessing.  Not exactly a conspiracy here.  Here at the Glom, we've talked about grading curves before.  (here and here).    In the comments to an ATL editor's FB post, I argued that a high grading curve was not nefarious, but the response to my defense was that it certainly wasn't transparent.  I understand that "transparency" is the buzzword of the day among the scambloggers, and I'm all for transparency, but I'm not sure who the curve is supposed to be transparent to.  I guarantee you the students at the school know what the curve is.

But there seemed to be some concern that schools didn't post grading curves onto the website.  There's a great deal of difference between something being hidden and something not being on the website.  The grading policy at Illinois is on the intranet in a policy handbook, accessible by the law school community.  Just because something technologically could be on the external website doesn't mean it has to be.  Is this something prospective students should know?  I can't even imagine that students would compare schools based on the mean gpa.  (At school X, I would have a 3.4 instead of a 3.2 at school Y if I were in the 50% percentile!)  Prospective students might want to know if they were accepting a scholarship with some sort of continuing gpa requirement, but surely they could ask about that also.  Employers benefit the most from knowing what the curve is at a school if they are not savvy enough to ask about class rank.  Yes, there may be some sense that by raising your mean gpa, a school is giving an advantage to its students over others for those smaller employers who look at bare gpa's without asking about rank.  Among nontransparent behavior, this seems rather mild to me and something that I thought was common knowledge among legal educators and most legal employers.

I guess I'm getting a little prickly, but I'm a little tired of the blogosphere reporting on regular law school activities as if they were scandals.  (Professor A has detailed class rules!  Professor B re-used an exam question every student had access to!  Law School X is closing the library for a few days due to HVAC problems!)  So, my apologies to those who prefer to be more easily offended.

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May 29, 2014
Harvard Grads as Bubble Predictors
Posted by Erik Gerding

Here is an old saw: the best way to predict bubbles is to look at the industry to which Harvard MBA grads are flocking.  I used this as a laugh line when I spoke to David’s students at Wharton in October.  Now Matt O’Brien at the Washington Post Wonkblog extends the analysis to Crimson undergrads.

O’Brien’s article is the latest salvo in the analysis of what makes “Organization Kids” flock to finance.   Kevin Roose’s Young Money made a splash when it was published earlier this year.  Academics looking to understand students should consider delving into what makes students who enter finance and law with more than a dismissive lament of “kids these days.”  Indeed, the modern university seems designed specifically to create organization kids.  Think of how the bizarre gatekeeping rituals of college admissions filter down to create an achievement junky culture that begins in middle school if not earlier.  Students and parents seek to anticipate the divinations of middle aged oracles who themselves attempt to divine meaning from personal statements and lists of extracurriculars.

The Harvard MBA Indicator is a fun parlor game.  But it also suggests that in trying to understand deep questions such as why bubbles begin and how financial institutions operate, we might look at a broader set of disciplines than just economics.   Some very interesting legal scholarship on bubbles, financial markets (think Stuart Banner’s history) and financial institutions (Annelise Rile’s sociological studies of Japanese firms) serves as examples of the possibilities.  If academics lament their students being organization kids, they should have a little self-awareness and step outside their own institutional comfort zone.

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