Paul L. Caron

Tuesday, October 26, 2021

Admissions Data At 90% Of The U.S. News Top 50: Higher LSATs, UGPAs, And Enrollment

Following up on my previous posts (links below):  with Spivey Consulting reporting the admissions statistics for 90% of the U.S. News Top 50 law schools, LSAT (+1.5) and UGPA (+0.3) medians are up, as well as enrollment (+27.0). (Yellow shading indicates law schools added since my September 15 post): 

US News Top 50 Admissions

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October 26, 2021 in Legal Ed News, Legal Ed Rankings, Legal Education | Permalink

The 2L At The Center Of The Yale Email Controversy: 'We Must End The Culture Of Performative Repentance'

Following up on my previous posts (links below):  Trent Colbert (Yale 2L), Why I Didn’t Apologize For That Yale Law School Email:

ColbertWe must end the culture of performative repentance. ...

I don’t believe that the now-common ritual of compelled apology, complete with promises to “grow” and “do better” (their words, but ones I’m sure you’ve seen many times before) helps anyone, or is even intended to. If we continue to indulge this culture of performative denunciation, the very idea of an apology will lose its meaning.

It might be tempting to view my story as one about conservatives being discriminated against and prevented from sharing ideas freely in elite educational spaces. After all, Eldik explicitly identified my “association with FedSoc” as an especially “triggering” factor for students. But I believe this diminishes the full significance of what happened.

The important questions are about the wider culture that made the administration's intervention possible in the first place. Before they ever step inside a classroom to learn torts or contracts, first-year students are required to attend diversity and inclusion training which teaches us to see racism all around us in the form of microaggressions and implicit bias, prioritize lived experience, and engage in the confessional sacrament of acknowledging one’s privilege.

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October 26, 2021 in Legal Ed News, Legal Education | Permalink

Monday, October 25, 2021

Women Law Deans, Gender Sidelining, And Presumptions Of Incompetence

Laura M. Padilla (California Western), Women Law Deans, Gender Sidelining, and Presumptions of Incompetence, 35 Berkeley J. Gender L. & Just. 1 (2020):

In 2007, I wrote A Gendered Update on Women Law Deans: Who, Where, Why, and Why Not? [hereinafter A Gendered Update], which examined the number of women law deans, including women of color, their paths to deanships, and what the future might hold for decanal leadership from a gendered and racialized lens. A Gendered Update reported that in the 2005-2006 period, thirty-one law deans at the 166 Association of American Law Schools (“AALS”) member schools were women (18.7%). Only three of the thirty-one women law deans were women of color (1.8%).

Much new scholarship concerning women in leadership has emerged since I wrote A Gendered Update. One book and one article in particular prompted me to return to the topic of women law deans. In 2012, the University Press of Colorado published the groundbreaking book, Presumed Incompetent: The Intersections of Race and Class for Women in Academia [hereinafter Presumed Incompetent]. Presumed Incompetent is a powerful collection of essays that explore presumptions of incompetence that haunt women of color in the Academy. It noted, “[a]lthough intellectually we understand institutionalized systems of domination, study them, and teach their details and histories, in our hearts and innermost selves we may also—at the same time—somehow internalize the ideas about our presumed incompetence that are so pervasive in our everyday lives.” The same presumptions of incompetence that accompany women when they enter the Academy often follow them up the career ladder through the tenure process. These presumptions are even present when women are appointed as deans, sowing seeds of doubt about their competence and undermining what may appear from the outside to be enviable careers.

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October 25, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Protecting Future Generations: A Global Survey Of Legal Academics

Eric Martínez (MIT) & Christoph Winter (Harvard), Protecting Future Generations: A Global Survey of Legal Academics:

The laws and policies of today may have historically unique consequences for future generations, yet their interests are rarely represented in current legal systems. The climate crisis has shed light on the importance of taking into consideration the interests of future generations, while the COVID-19 pandemic has shown that we are not sufficiently prepared for some of the most severe risks of the next century. What we do to address these and other risks, such as from advanced artificial intelligence and synthetic biology, could drastically affect the future. However, little has been done to identify how and to what degree the law can and ought to protect future generations. To respond to these timely questions of existential importance, we sought the expertise of legal academia through a global survey of over 500 law professors (n=516).

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October 25, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Backlash Against Media Coverage Of The Yale Law School 'Trap House' Email

My seven previous posts (links below) on the "Trap House" controversy have criticized Yale's treatment of 2L Trent Colbert, a member of the Native American Law Students Association and Federalist Society, who sent the email. Today's post covers the backlash against this media narrative:

Washington Free Beacon, Yale Law School Students to Media: ‘What the Actual F—!’:

Yale Law School's Asian-American student group has a message for the media: "What the actual f—!"

In the wake of widespread coverage of the law school's treatment of Trent Colbert, the Asian Pacific American Law Student Association on Oct. 19 sent a law school-wide email that blasts the "people in the media who chose to write stories painting the Federalist Society — a multi-million dollar organization — as a victim instead of centering the pain experienced by Black students [emphasis original]."

Especially offensive, the email said, was media coverage that compares "[Yale Law School] to Maoist reeducation camps"—a jab at the Washington Post‘s Ruth Marcus, who joked that such camps "have nothing on Yale Law School."

"What the actual f—k!" the email exclaimed. "Not only is this offensively racist in and of itself to [Asian Pacific American Law Student Association] members, especially those of us with direct family who lived through the Cultural Revolution, it also distracts from and misleadingly reframes the core problem as one of ‘free speech.' The problem is not free speech."

The email is the latest in a series of statements by Yale Law School student groups, many of which have condemned Colbert by name. ...

All of the statements have praised Yaseen Eldik, the Yale Law School diversity director who implied that Colbert could have trouble with the bar's "character and fitness" investigations if he didn't apologize. "We especially want to uplift the work that Yaseen Eldik has undertaken to attempt to call Trent into a productive and critical discussion," the Asian-American student group said. During that discussion, Eldik told Colbert his membership in the Federalist Society had "triggered" his peers.

Above the Law, Yale Law School Students Ask ‘What The Actual F***!’ And It’s A Very Good Question:

The media really should be ashamed of themselves for how they've covered this.

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October 25, 2021 in Legal Ed News, Legal Education | Permalink

Former Advocacy Director Claims Law School Fired Her After 16 Years Following Her Complaint To ABA About Discrimination During Accreditation Site Visit

ABA Journal, Moot Court Teacher Claims Her Law School Position Was Terminated Following Complaints to the ABA:

LoweryThe former director of advocacy at the Mississippi College School of Law claims in a recent federal court filing she was constructively terminated from the position, partially because of what she said about job security for non-tenure track faculty during an ABA site evaluation.

Victoria Lowery Leech, who is white, also claims the law school was obligated to offer her an available position after it terminated her program, but instead a Black candidate was recommended. She alleges ABA concern about the law school’s commitment to diversity figured in with the school’s decision.

Her complaint, filed in the U.S. District Court for the Southern District of Mississippi on Oct. 8, alleges wrongful termination, as well as gender and race discrimination. ...

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October 25, 2021 in Legal Ed News, Legal Education | Permalink

TaxProf Blog Weekend Roundup

Sunday, October 24, 2021

NY Times Op-Ed: How I Learned That Jesus Is Black

New York Times op-ed:  How I Learned That Jesus Is Black, by Danté Stewart (Author, Shoutin’ in the Fire: An American Epistle (2021)):

Shoutin in the FireFor years, I made my home with white people in white churches. I knew how to run and to hide and to move my body in ways that made white people feel more safe and less racist and more godly and less violent. Whether on the football field or in the pulpit, my performance gave them what they never deserved: confidence that the world was OK.

It started in college at Clemson University, where I played on the nationally ranked football team. Many young Black athletes like me left home and quickly found ourselves around white Christians because they were the ones who had greatest access to us. Between Bible studies and church outings, our worlds became white, our Jesus became a blond-haired and blue-eyed savior. This Jesus cared about touchdowns and Bible verses written in white letters underneath our eyes over the black paint.

As the weeks and months and years went by, I found myself closer and closer to white people. After graduating from college, I joined a white evangelical church and entered seminary in the hopes of becoming a pastor there. In my pursuit to be a better person and a better athlete and a better Christian, I viewed Black sermons and Black songs and Black buildings and Black shouting and Black loving with skepticism and white sermons and white songs and white buildings and white clapping with sacredness.

But before long, images of Black people dying started appearing all over our televisions and newspapers and newsfeeds. And too many of the nice white people around me just didn’t seem to care. And I knew: I had to find a way to get free and survive. ...

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October 24, 2021 in Book Club, Legal Education | Permalink

NY Times Op-Ed: What I Believe About Life After Death

New York Times Op-Ed:  What I Believe About Life After Death, by Tish Harrison Warren (Priest, Anglican Church; Author, Liturgy of the Ordinary: Sacred Practices in Everyday Life (Christianity Today's 2018 Book of the Year)):

My friend Thomas died in August. His death was sudden and tragic. He and his 22-year-old child were killed in a car accident. ...

It feels to me like something went wrong. He can’t die, I think. He’d made plans. He had so much left to do. A journey interrupted. ...

There is something deep within us that rejects the idea that the road just stops. We feel there must be more. We must be made for more: more conversations, more laughter, more breaths to take, more miles to walk along the trail.

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October 24, 2021 in Legal Education | Permalink

WSJ Op-Ed: Are Internet Services As Good As Church?

Following up on my previous post, What We Lose When We Livestream Church:  Wall Street Journal op-ed:  Are Internet Services as Good as Church?, by Paul Glader & John Semakula:

Last year Pastors Henry Fuhrman and Jerry O’Sullivan of Shelter Rock Church in Nassau County, N.Y., began working as TV preachers. For months they livestreamed sermons as Covid-19 ravaged the leafy communities of Long Island, where their church has several campuses. After overcoming the hurdles of digital worship, they now have a new problem: how to wean the congregation off the convenience of online church.

They aren’t alone. Seventy-five percent of evangelical Protestants in the U.S. have attended church online during the pandemic, according to a recent survey by Infinity Concepts and Grey Matter Research. “We found that 45% of those who experienced online church services now believe that worship online is equal or superior to the in-person experience,” said Mark Dreistadt, president and founder of Infinity Concepts. Only 44% want to return exclusively to in-person worship, according to the report, which surveyed more than 1,000 evangelical Protestants.

Although Pew Research found in April 2020 that a quarter of U.S. adults said their faith had become stronger because of the pandemic, some pastors are skeptical about the long-run effects of online worship. “People tend to try to multitask when they are watching online. The result is that they are not focused on God or the worship at times,” says Mr. O’Sullivan, a pastor of the Shelter Rock campus in Syosset, N.Y. “We are trying to keep them engaged.”

The Infinity Concepts report also found that many American evangelicals used the pandemic lockdowns to “digitally visit” new churches—another cause for concern among some pastors. “One has to wonder whether this will ultimately lead to church nomads, who surf the internet for new church experiences rather than putting down roots and becoming part of a church community,” Ron Sellers, president of Grey Matter, says. ...

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October 24, 2021 in Legal Education | Permalink

Saturday, October 23, 2021

This Week's Ten Most Popular TaxProf Blog Posts

Dayton Provides Two Full-Ride Scholarships, $15,000 Annual Stipends, Guaranteed Associate Positions During Summers And After Graduation At Top Law Firms

Dayton Law School, Flyer Legal Promise Provides Full Law School Tuition, $15,000 Stipend, Job After Graduation:

Dayton LogoDayton law firms Thompson Hine and Taft Law are teaming with the University of Dayton School of Law to recruit underrepresented and underserved students to law school and the legal profession. The Flyer Legal Promise Program will provide two students full law school tuition, a $15,000 stipend for living expenses, mentors, summer clerkships and a job at one of the firms following graduation. 

"Rather than wait for diverse talent to apply to law school and then later to elite law firms, the Flyer Legal Promise Program proactively seeks, recruits and invests in academically talented undergraduates with capacity to excel in the legal profession," said Andrew Strauss, UD School of Law dean.

Reuters, Law Firms Promise Jobs Before Law School in New Diversity Push

Many law firms have summer associate programs for diverse law students and so-called pipeline programs to get underrepresented students interested in law school and help them apply. But Dayton Law Dean Andrew Strauss said he doesn’t know of any other firms offering permanent jobs to would-be law students so early on.

“It’s the Moneyball of legal education,” said Strauss, who is looking to sign up more firms. “We’re going back in and we’re trying to figure out who has that raw talent—before they may even know themselves that they want to apply.”

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October 23, 2021 in Legal Ed News, Legal Education | Permalink

A Worrisome Peek Inside Yale Law’s Diversity Bureaucracy

Update: Backlash Against Media Coverage Of The Yale Law School 'Trap House' Email (Oct. 25, 2021)

Following up on my previous posts (links below):  The Atlantic, A Worrisome Peek Inside Yale Law’s Diversity Bureaucracy:

Yale Law Logo (2020)Have you ever wondered what deans of diversity do behind closed doors? Until last week, the public had little visibility into their methods. Then covertly recorded audio emerged of Yaseen Eldik, Yale Law School’s director of diversity, equity, and inclusion, and Ellen Cosgrove, an associate dean, pressuring a student to issue a written apology for emailing out a party invitation that offended some of his classmates.

The Yale Law student in question, Trent Colbert, belongs to two student groups, the Native American Law Students Association, or NALSA, and the conservative Federalist Society. He emailed members of the former group that “we will be christening our very own (soon to be) world-renowned NALSA Trap House … by throwing a Constitution Day Bash in collaboration with FedSoc,” adding that refreshments would include “Popeye’s chicken, basic-bitch-American-themed snacks (like apple pie, etc.),” and various beverages. That is what offended some of Colbert’s peers, including the president of the Black Law Students Association, who reportedly likened Colbert’s references to “Trap House” and Popeyes to blackface.

A dispute over a party invitation—even an arguably offensive one—may sound more like a matter for a high-school vice principal than one for Ivy League deans. Nevertheless, the diversity administrators spent many hours on this low-stakes drama among high-IQ adults, affording outsiders an unusual peek at their methods and a related series of crucial mistakes, most stemming from an inability or unwillingness to see how the interests of students diverge from the interests and incentives of their office. Irrespective of whether the invitation was racially offensive, the behavior of Yale Law’s diversity bureaucrats was unethical, discreditable, and clearly incompatible with key values that the elite law school purports to uphold.

Similar diversity offices are now operating at institutions around the country, but their inner workings remain mysterious to many faculty members and students. The Yale Law controversy raises the underexamined question of what it actually means for diversity offices to ethically fulfill their mission, and whether choices made behind closed doors would retain support if exposed to sunlight. ...

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October 23, 2021 in Legal Ed News, Legal Education | Permalink

Break Into Tax: Tax Papers Unlocked — Victoria Haneman

Tax Papers Unlocked offers a "micro-workshop," breaking down current tax scholarship. This video, the fifth in this series, features Prof. Victoria Haneman from Creighton Law School. The featured paper is Prepaid Death, 59 Harv. J. on Legis. ___ (2022).

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October 23, 2021 in Legal Education, Tax | Permalink

Friday, October 22, 2021

Weekly Legal Education Roundup

Next Week’s Tax Workshops

Monday, October 25: Phyllis Taite (Oklahoma City) will present Inequality by Unnatural Selection: The Impact of Tax Code Bias on the Racial Wealth Gap as part of the Loyola-L.A. Tax Policy Colloquium. If you would like to attend, please RSVP here.

Tuesday, October 26: Day Manoli (Georgetown; Google Scholar) will present The Effects of EITC Correspondence Audits on Low-Income Earners (with John Guyton, Kara Leibel, Mark Payne, Brenda Schafer (IRS) & Ankur Patel (US Treasury)) as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Brian Galle.

Tuesday, October 26: Manoj Viswanathan (UC-Hastings) will present Retheorizing Progressive Taxation as part of the NYU Tax Policy and Public Finance Colloquium. If you would like to attend, please contact Daniel Shaviro.

Thursday October 28: Alice Abreu (Temple) & Richard Greenstein (Temple; Google Scholar) will present Beyond Binary: The Normative Perfect Should Not Be The Enemy Of The Demonstrably Good as part of the Indiana Tax Policy Colloquium. If you would like to attend, please contact Leandra Lederman

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October 22, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

Volokh: Lawyers, Law Students, Law School Administrators, And Language


Following up on my previous posts (links below):  Eugene Volokh (UCLA), Lawyers, Law Students, Law School Administrators, and Language:

Yale Law Logo (2020)The associate dean and the "diversity and inclusiveness director" called the author of the e-mail in to discuss the controversy—itself perhaps an overreaction, but perhaps justifiable. But rather than framing it as "here's how we can all learn to avoid unnecessary misunderstandings," they called him with a message labeling this a "deeply concerning and problematic incident." And, to quote the liberal Northwestern professor Andrew Koppelman,

Then came this disastrous blunder: "The email's association with FedSoc was very triggering for students that already feel like FedSoc belongs to political affiliations that are oppressive to certain communities through policies. … That of course obviously includes the LGBTQIA community and black communities and immigrant communities." …

This may have truthfully reported how some students feel. But [the director] should have distanced the law school from those feelings.

When the student declined to apologize, they sent out this e-mail:

Yale Trap House

To quote Koppelman again,

Here mediation has ceased. The law school has taken it upon itself to declare who is right and who is wrong. Colbert was publicly branded as "racist" before his peers.

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October 22, 2021 in Legal Ed News, Legal Education | Permalink

Kentucky Hosts Virtual Symposium Today On The Racial Wealth Gap

The Kentucky Law Journal hosts a symposium today on The Racial Wealth Gap (register here): 

KentuckyThe topic is The Racial Wealth Gap and will focus on the legal and historical factors that have contributed to the current state of wealth disparity in the United States that falls largely along racial lines.

This disparity has been increasingly the focus of academic and policy research, and this Symposium aims to bring together practitioners, policy researchers, and scholars to explore this issue. In particular, the KLJ symposium seeks to address how tax law, property law, and other legal systems that have created and reinforced the conditions that lead to White families having median wealth of approximately $188,000, while Black families have median wealth of only 15% of that amount, or approximately $24,000. In addition to exploring the evolution of the problem, the KLJ symposium will explore possible solutions or proposals that would ameliorate the disparity.

8:30 AM: Opening Remarks

  • Mary Davis (Dean, Kentucky)
  • Jennifer Bird-Pollan (Kentucky; Google Scholar)

9:00 AM: Real Estate, Housing, and Blockbusting

  • Richard Winchester (Seton Hall; Google Scholar)
  • Daniel Murphy (Kentucky)
  • Dillon Curtis (Kentucky Law Journal Staff Editor) (moderator)

10:00 AM: Implications of Tax Code Bias

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October 22, 2021 in Conferences, Legal Education, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Some Thoughts On The Corona Semester

Shivangi Gangwar (Jindal Global; Google Scholar), Some Thoughts on the Corona Semester, 65 St. Louis U. L.J. ___ (2021):

The COVID-19 pandemic presented educators across the world with a unique set of challenges. In this Article, I reflect on my experience of transitioning to the online medium mid-semester without much preparation. I compare the vastly dissimilar experiences of conducting classes “physically” and remotely, highlighting the difficulties I experienced in translating, to the online realm, the pedagogical methods I usually employed while teaching Contract law to first-year students.

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October 22, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Thursday, October 21, 2021

Perceiving Discrimination: Race, Gender, And Sexual Orientation In The Legal Workplace

Robert L. Nelson (Northwestern; Google Scholar), Ioana Sendroiu (Toronto, PhD Candidate), Ronit Dinovitzer (Toronto; Google Scholar) & Meghan Dawe (American Bar Foundation; Google Scholar), Perceiving Discrimination: Race, Gender, and Sexual Orientation in the Legal Workplace, 44 Law & Soc. Inquiry 1051 (2019):

Using quantitative and qualitative data from a large national sample of lawyers, we examine self-reports of perceived discrimination in the legal workplace. Across three waves of surveys, we find that persons of color, white women, and LGBTQ attorneys are far more likely to perceive they have been a target of discrimination than white men. These differences hold in multivariate models that control for social background, status in the profession and the work organization, and characteristics of the work organization.

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October 21, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Professor, Please Help Me Pass The Bar Exam: #NEXTGENBAR2025/26

Melissa Shultz (Mitchell Hamline), Professor, Please Help Me Pass the Bar Exam: #NEXTGENBAR2025/26, 69 J. Legal Educ. ___ (2022):

For students who begin law school in 2022, the final hurdle that they must clear to use their hard-earned degrees—the bar exam—will be substantively and structurally distinct from all bar exams previously administered. Although (with rousing support from law school graduates) this so-called NextGen bar exam reduces the breadth of legal knowledge examinees must memorize, it is novel in its breadth of skills testing and its requirement that examinees engage in practice-skills not previously tested on the bar exam, including client counseling, negotiation, and legal research. Moreover, the NextGen bar exam will no longer be anchored by 200-multiple-choice questions, but it will require students to grapple with various subjects in multiple ways moving from multiple-choice questions to short answer questions to essay questions to task-based performance exercises.

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October 21, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Deans' Leadership In Legal Education Symposium

Toledo Logo15th Deans' Leadership in Legal Education Symposium, 50 U. Tol. L. Rev. 189-333 (2019):

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October 21, 2021 in Legal Ed Conferences, Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Federal Judge Rules That Vermont Law School Can Cover Underground Railroad Murals Despite Artist's Objection

Vermont Mural

Following up on my previous posts (links below):  Bloomberg Law, Vermont Law School Thwarts Claim It Can’t Hide Slavery Murals:

Vermont Law School can permanently cover controversial murals depicting the Underground Railroad without violating an artists rights law, a Vermont federal court said.

Artist Samuel Kerson argued the school’s plans to hide his murals behind bolted-in acoustic sheetrock panels violated the Visual Artists Rights Act, which conditionally restrains parties from destroying or modifying works without artist permission.

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October 21, 2021 in Legal Ed News, Legal Education | Permalink

Wednesday, October 20, 2021

NY Times Op-Ed: What Does A University Owe Democracy?

New York Times op-ed:  What Does a University Owe Democracy?, by David Brooks:

OweLast November, Dorian Abbot, a geophysicist at the University of Chicago, posted a series of slide presentations on YouTube making a case against the use of group identity as a primary criterion in selection processes. He was immediately targeted for cancellation.

So Robert Zimmer, Chicago’s magnificent president (now chancellor), stepped in with a clear statement of support for academic freedom. The controversy evaporated.

Then, in August, Abbot and a co-writer published an op-ed in Newsweek making the case that diversity, equity and inclusion policies violate “the ethical and legal principle of equal treatment.” It led to another cancellation campaign, this time in protest of his invitation to deliver the prestigious Carlson Lecture at the Massachusetts Institute of Technology, where he was going to speak about “Climate and the Potential for Life on Other Planets.”

This time, the campaign worked. As Abbot has detailed, a department chair called to tell him the school would be canceling the lecture “in order to avoid controversy.”

The two episodes are a stark illustration of the difference between the culture of intellectual courage nurtured by Zimmer and the Coward Culture at work at M.I.T. and other institutions ostensibly invested in the cause of free expression.

It’s also a reminder that our universities are failing at the task of educating students in the habits of a free mind. Instead, they are becoming islands of illiberal ideology and factories of moral certitude, more often at war with the values of liberal democracy than in their service.

I’ve been thinking about all this while reading “What Universities Owe Democracy” by Johns Hopkins University’s president, Ronald Daniels.  ...

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October 20, 2021 in Book Club, Legal Education | Permalink

Faculty Diversity Fell During The Great Recession. Will The Pattern Repeat During The Pandemic?

Kwan Woo Kim (Harvard), Alexandra Kalev (Tel Aviv; Google Scholar), Frank Dobbin (Harvard; Google Scholar) & Gal Deutsch (Tel Aviv; Google Scholar), Crisis and Uncertainty: Did the Great Recession Reduce the Diversity of New Faculty?:

The demographic composition of the U.S. professoriate affects student composition and, thus, the pipeline for professional and managerial jobs. Amid concern about the effects of the COVID-19 crisis on the labor market, much remains unknown about how economic downturns affect faculty hiring and the demographic makeup of hires. We examine the effects of the Great Recession on faculty hiring. That crisis walloped the U.S. academic labor market. Tenure-track hires in four-year colleges and universities declined by 25 percent between 2007 and 2009, recovering slowly through 2015. Hires of black, Hispanic, and Asian American faculty declined disproportionately. Public institutions and research-oriented institutions, which faced the greatest resource challenges and uncertainty about the future, made the biggest cuts in the hiring of people of color. Our findings suggest that financial uncertainty led to a reversal in progress on faculty diversity. Faculty and administrators making hiring decisions in the years following the COVID-19 crisis should be aware of this pattern.

Diversity 2

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October 20, 2021 in Legal Ed Scholarship, Legal Education | Permalink

Racism, Conservatism And Free Speech At Yale Law School


Following up on my previous posts (links below):  Yale Daily News, Email From Yale Law Student Sparks National Discussion on Racism and Free Speech:

Yale Law Logo (2020)A month after a student sent an email that some saw as racially insensitive, a wide discussion has started about racism, conservatism and free speech at Yale Law School.

Trent Colbert LAW ’23, a member of the Native American Law Students Association and the Federalist Society, sent the email on Sept. 15 to the NALSA listserv to announce a social event between the two groups. Moments later, the email was shared with a GroupMe chat for Law School students in the class of 2023, resulting in extensive discourse in the chat over student concerns about the email and explanations of how its rhetoric could be understood as racially and misogynistically charged. After receiving multiple complaints about the email, two Law School administrators met with Colbert, urging him to send a class-wide apology to his peers and explaining that his reputation could be negatively affected by the situation, according to a public recording of the meeting.

The email has since gained national attention from multiple news outlets. On Monday, Dean of Yale Law School Heather Gerken sent a community-wide email addressing the situation and saying that she will “take any steps necessary” to ensure that the Law School lives up to its values of free speech while still creating an inclusive environment for all students.

“The vigorous exchange of ideas is the lifeblood of this Law School,” Gerken wrote in the email. “Protecting free speech is a core value of any academic institution; so too is cultivating an environment of respect and inclusion. These two values are mutually reinforcing and sit at the heart of an intellectual community like ours.”

Gerken wrote that she has tapped Deputy Dean Ian Ayres to assess the situation. With information beyond the “partial facts reported out in a charged media environment,” she would decide how to ensure the institution “lives up to its values,” Gerken wrote. Ayres did not respond to a request for comment. ...

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October 20, 2021 in Legal Ed News, Legal Education | Permalink

Tax Prof Twitter Census (2021-22 Edition)

TwitterAccording to Bridget Crawford's latest census, there are 1,477 Law Profs on Twitter, including 90 Tax Profs (several with tax in their Twitter handles):

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October 20, 2021 in Legal Ed News, Legal Education, Tax, Tax News | Permalink

University Of Houston Law School Launches Aspiring Lawyer Magazine

UH Law Center Launches Aspiring Lawyer Magazine:

Aspiring LawyerThe University of Houston Law Center today debuted a new online publication dedicated to undergraduate students nationwide interested in attending law school. Aspiring Lawyer [pdf] magazine features insights, tips, success stories, and guidance for pre-law students, especially those from underrepresented backgrounds.

“I am delighted that we have established the Aspiring Lawyer magazine which will provide helpful hints and advice for students who plan to be lawyers,” said University of Houston Law Center Dean Leonard M. Baynes. “UH Law Center has always provided a pathway to the profession for law school students of all backgrounds. It’s only rational for us to produce this magazine so that as many people as possible know that a legal education is within their reach and to help them achieve their dreams,” he added.

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October 20, 2021 in Legal Ed News, Legal Education | Permalink

Tuesday, October 19, 2021

Wallace & Lutkenhaus: Measuring Scholarly Impact In Law

Karen L. Wallace (Drake) & Rebecca Lutkenhaus (Drake; Google Scholar), Measuring Scholarly Impact in Law, 28 Widener L. Rev. ___ (2022):

In February 2019, U.S. News & World Report announced a proposal to use HeinOnline data to publish a scholarly impact ranking of law schools. As a result, interest in using scholarly metrics to quantitatively assess legal scholarship soared. Legal scholars debated several issues, including: the concept of evaluating scholarly impact through citation metrics; the ramifications of publishing this information alongside the highly criticized, but undeniably influential, U.S. News law school rankings; the optimal procedures for creating such a ranking; the rationale underlying the decisions involved in establishing a methodology; and HeinOnline’s available content and metrics. The concerns raised ultimately led U.S. News to abandon its planned ranking in summer 2021, two and a half years after its initial announcement. 

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October 19, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

U.S. News Crime Spree: Florida Students Steal 40 Of 75 Banners Celebrating Top 5 Public University Ranking

The Independent Florida Alligator, Forty UF Top-Five Banners Stolen From Campus:

UF Top 5Seventy-five banners that read “Top 5” hung at UF. Now, only 35 remain.

Forty banners celebrating the school’s new national ranking have been stolen across the UF campus.

Since the week of Sept. 13, the missing banners amount to a loss of almost $3,000, UF spokesperson Steve Orlando said. The double-sided, vinyl hangings are 24 inches wide and 72 inches tall. They cost about $73 each. ...

In less than one month, the banners have disappeared just as quickly as they were put up. Within six days of the U.S. News and World Report ranking announcement, banners were hung around campus including the Reitz Lawn, Plaza of the Americas and along Union Road. ...

Orlando attributes these thefts to excitement about the university’s new ranking. “We were glad that people are excited about the number five ranking,” he said. “We would prefer it if they would find another way to express their excitement.” ...

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October 19, 2021 in Law School Rankings, Legal Ed Rankings, Legal Education | Permalink

Koppelman: Yale Law School’s Bullying, Coercive Diversity Leaders


Following up on my previous posts (links below):  Chronicle of Higher Education op-ed:  Yale Law’s Bullying, Coercive Diversity Leaders: How Not To Do Equity Work, by Andrew Koppelman (Northwestern):

Yale Law Logo (2020)The movement for diversity and inclusion has improved people’s lives in many tangible ways. A few days ago at Northwestern’s Pritzker School of Law, where I’m a professor, I went into the men’s restroom and saw that the school had provided tampons and sanitary pads on a shelf there. It made me happy. There are people here who menstruate and identify as male. Their needs matter, and the school now recognizes that.

But in other respects, the diversity and inclusion movement is becoming the enemy of diversity and inclusion, imposing a cookie-cutter orthodoxy and trying to turn thinking human beings into marionettes. An already-notorious recent episode at Yale Law School (disclosure: I’m an alumnus) highlights the problem. It offers lessons in how to, and how not to, manage issues of inclusion.

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October 19, 2021 in Legal Ed News, Legal Education | Permalink

Is Big Law's Addiction To Elite Law Schools Hobbling Diversity Efforts?

Reuters, Is Big Law's Addiction to Elite Schools Hobbling Diversity Efforts?:

Black Lawyers MatterIf they really want to expand their ranks of Black associates, law firms should recruit from more schools, consider candidates outside the very top of their class and not wait for on-campus interviews to build relationships with diverse law students.

That was the advice from Big Law partners and law school officials during a discussion Friday on the recruitment and retention of Black lawyers—part of a day-long "Black Lawyers Matter" conference co-hosted by University of Houston Law Center, Southern Methodist University Dedman School of Law, and the Law School Admission Council.

Law schools consistently fall short in helping Black students on the job market, said panelist Jim Leipold, executive director of the National Association for Law Placement.

Over the past six years, the gap between white and Black law graduates landing jobs that require passing the bar exam averaged 18 percentage points, he said. Black law graduates consistently have the lowest rate of private sector employment, NALP data show.

“It’s impossible for me not to conclude that law schools have long had systems in place that preference and prioritize the employment outcomes of white graduates over Black graduates,” Leipold said.

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October 19, 2021 in Legal Ed News, Legal Education | Permalink

Monday, October 18, 2021

The Unsung Heroes Of The Desegregation Of American Law Schools

Gail S. Stephenson (Southern; Google Scholar), The Unsung Heroes of the Desegregation of American Law Schools, 51 J. of L. & Educ. ___ (2022):

In 1940 seventeen American states prohibited interracial education by force of law. In 1945 the south offered white students sixteen law schools, but African-American students were limited to one segregated law school. Thurgood Marshall and the NAACP developed a strategy to desegregate American education by first attacking the inequities in graduate and professional education in the courts. Law schools were the first targets as Marshall hoped to develop a cadre of civil rights advocates who could carry on his work.

These lawsuits required courageous individuals to step forward to serve as test plaintiffs. These individuals were vilified, intimidated, and threatened. Ultimately only two actually graduated from the schools they sued to attend and practiced law, although some graduated from other law schools and went on to highly successful careers.

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October 18, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink

Florida Gov. Ron DeSantis Says Three Years Of Law School Is A ‘Waste’

Florida Politics, Ron DeSantis Says Three Years of Law School Is a ‘Waste’:

DeSantisGov. Ron DeSantis continued his recent tradition of unsolicited critiques of higher education, saying Friday that current three-year law school tracks are a “waste.”

“You don’t need three years for law school,” DeSantis, a Harvard Law product, said in Naples Friday, where he was rolling out a job growth grant award to expand vocational offerings.

“Some of these degrees you see. You know, I went to law school; you don’t need three years for law school,” DeSantis divulged. “I mean, seriously, you don’t. You could do it probably in one. Definitely in two. You don’t need three.”

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October 18, 2021 in Legal Ed News, Legal Education | Permalink

Yale Law Student Who Sent 'Trap House' Email Faces Removal As 2L Representative


Following up on my previous posts:


David Lat, The Yale Law School Email Controversy: An Interview With Trent Colbert:

[David Lat]: As you know, there has been a lot of support for you outside of YLS. Do you think this could be the start of an improvement in the climate at the law school?

[Trent Colbert]: We’ll see. I’m cautiously optimistic.

[Trent's Friend: This story goes beyond Trent. The administration mishandled his situation badly. Students shouldn’t be treated the way that he was treated. But more broadly, what we’ve heard in these recordings should give people in the legal profession—and beyond—reason to be concerned.

We heard administrators say that membership in FedSoc is an aggravating factor when you’re accused of offensive conduct. It’s ideological discrimination, in an environment that’s already challenging for conservatives, a school where we have no conservative public-law scholars on the faculty.

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October 18, 2021 in Legal Ed News, Legal Education | Permalink

U.S. News Releases Elementary School (!) Rankings

U.S. News & World Report, New Elementary and Middle Schools Rankings Launched:

U.S. News Elementary School RankingsToday, for the first time, U.S. News published rankings of public elementary and middle schools [methodology here]. Like our annual Best High Schools rankings, we hope these statistical assessments are a useful resource for parents in conjunction with the accompanying data we publish on school characteristics.

All public schools were ranked for which source data and history allowed. In other words, whether a school was ranked or unranked was independent of academic quality. About 81% of public schools with elementary and middle school grades received a ranking.

Including ranked and unranked schools, U.S. News now lists 118,332 public and private grade schools in its directory; among which U.S. News ranked 79,941 unique public grade schools in 2021. These include 47,325 schools newly ranked as elementary schools and 23,255 as middle schools — some of which are in both rankings.

Unlike the high school rankings, there are no national rankings of elementary and middle schools. There are overall state rankings and state rankings broken out by school district. We also published statewide rankings specific to charter schools and magnet schools.

Drexel Dean Dan Filler's 2008 tongue in cheek announcement of a U.S. News Preschool Rankings has nearly come true:  U.S. News lists, but does not rank, over 1,500 preschools.

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October 18, 2021 in Law School Rankings, Legal Ed Rankings, Legal Education | Permalink

TaxProf Blog Weekend Roundup

Sunday, October 17, 2021

The Secret To A Happy And Meaningful Life: Choose Suffering

Wall Street Journal Saturday Essay:  Why We Choose to Suffer: The Struggle for a Meaningful Life, by Paul Bloom (University of Toronto; Author, The Sweet Spot: The Pleasures of Suffering and the Search for Meaning):

Sweet SpotIn the search for a meaningful life, simply seeking pleasure isn’t enough. We need struggle and sacrifice.

The simplest theory of human nature is that we work as hard as we can to avoid ... [painful] experiences. We pursue pleasure and comfort; we hope to make it through life unscathed. Suffering and pain are, by their very nature, to be avoided. ... .

But this theory is incomplete. Under the right circumstances and in the right doses, physical pain and emotional pain, difficulty and failure and loss, are exactly what we are looking for. ...

Consider ... chosen suffering. People, typically young men, sometimes choose to go to war, and while they don’t wish to be maimed or killed, they are hoping to experience challenge, fear and struggle—to be baptized by fire, to use the clichéd phrase. Some of us choose to have children, and usually we have some sense of how hard it will be. Maybe we even know of all the research showing that, moment by moment, the years with young children can be more stressful than any other time of life. (And those who don’t know this ahead of time will quickly find out.) And yet we rarely regret such choices. More generally, the projects that are most central to our lives involve suffering and sacrifice.

The importance of suffering is old news. It is part of many religious traditions, including the story in Genesis of how original sin condemned us to a life of struggle. It is central to Buddhist thought—the focus of the Four Noble Truths.

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October 17, 2021 in Book Club, Legal Education | Permalink

Garnett: Revisiting The 'Separation Of Church And State' In Our Time Of Deep Division

Richard Garnett (Notre Dame), Revisiting the "Separation of Church and State" in Our Time of Deep Division:

Religious freedom, I believe, is a fundamental human right. Religious freedom does not matter because the Constitution protects it; instead, the Constitution (like modern human-rights law) protects it because religious freedom matters. It is not a gift from the government; it is a limit on the government. Every person, because he or she is a person, has the right to religious liberty—to embrace, or to reject, religious faith, traditions, practices, and communities. This freedom is enjoyed by, and is important to, religious believers and nonbelievers alike. Religious freedom, protected through law, helps both individuals and communities to flourish. It protects the “private” conscience and also promotes the “public,” common good. Religious or not, devout or not, we all have a stake in the religious-liberty project, and in the success of what Thomas Jefferson called our First Amendment’s “fair” and “novel” experiment.

Now, it is true that religious freedom is sometimes inconvenient for overreaching governments. Sometimes, it comes at a cost. Sometimes, it benefits people we think are just weird. Sometimes, it is abused. The same is true, of course, of other constitutional rights, like the right to be free from unreasonable searches, or the right to remain silent, or the right to protest and dissent. Legal and constitutional protections for fundamental human rights are sometimes inefficient; they sometimes get in the way. That our fellow citizens have constitutional and other legal rights means, sometimes, that we have to tolerate a lot of speech and action that we don’t like, that we disagree with, that irritates us, and that offends us. Religious freedom and free speech mean, necessarily, that there will be dissent, and dissenters. After all, if everyone agrees, these freedoms are unnecessary. A premise of our Constitution, though, is that—all things considered—they are worth it. ...

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October 17, 2021 in Legal Education | Permalink

Saturday, October 16, 2021

This Week's Ten Most Popular TaxProf Blog Posts

1L, Unsure If She's 'Cut Out' For Law School, Starts Twitter Dialogue On Law Student Mental Health, 'Play the Game YOUR Way': 1L, Unsure If She's 'Cut Out' for Law School, Starts Twitter Dialogue on Law Student Mental Health:

EatonFirst-year law student Amelia Eaton was unsure whether law school was for her.

Just in the first few weeks, she’s enjoyed what she’s learning and found classes engaging, but she had doubts.

As someone who struggles with an anxiety disorder and attention-deficit/hyper activity disorder, she realized that some of her symptoms were already impacting her studies at Dalhousie University’s Schulich School of Law in Halifax, Nova Scotia.

She’s been having difficulty staying on top of the readings and fully digesting the content has been overwhelming, she told on Friday. Self-doubt ensued and she wondered if she was meant to go to law school.

She took to #lawtwitter on Thursday afternoon to vent and look for advice.

“I’ve spent a long time challenging stigma, but since starting law school it’s been difficult to stop myself from questioning whether I’m ‘cut out’ for law school,” she tweeted

Tweet 2

She wasn’t expecting her post to start such a conversation.

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October 16, 2021 in Legal Ed News, Legal Education | Permalink

Yale Law School Triggers Me


Following up on yesterday's post, Ruth Marcus (Washington Post), At Yale Law School, A Party Invitation Ignites A Firestorm:  Kathleen Parker (Washington Post), Yale Law School Triggers Me:

Yale University LogoA sign on my desk reads: “I’ll be nicer if you’ll be smarter.”

I’m not feeling nice today — and I’m talking to you, Yale.

No offense intended toward my many friends — and certain family members — who attended the university in Connecticut. But the recent campus skirmish over an alleged triggering event has revealed the absurdity of, oh, just everything — students’ overindulged self-regard; the failure of colleges and universities, generally, to encourage maturity and intellectual rigor in its charges (rather than indulging crippling sensitivity); and our exaggerated notions of triggering as a social and civil guard rail.

Who, anyway, taught the college-bound that they should always be protected, that people should always be “nice,” or that feelings should never be hurt?

What happened at Yale is this: A creative, second-year law student at its venerable law school emailed an invitation to classmates for a “Constitution Day Bash,” to be held at the “NALSA Trap House” and co-hosted by the Federalist Society (of which he’s a member). He promised “American-themed snacks,” such as fried chicken and apple pie.

Before we go further, a few questions, definitions and clarifications: First, who knew Constitution Day was a reason for celebration at graduate schools? Second, NALSA stands for “Native American Law Students Association,” of which the student is also a member. Third, “trap house,” in case you’re unaware, is defined by the Urban Dictionary as, “Originally used to describe a crack house in a shady neighborhood . . .

I don’t think the definition was referring to tree-lined streets, but I also don’t think shady neighborhoods come in only one race, color or ethnicity. But at least nine other law students inferred as much and filed complaints of racism with the Office of Student Affairs. Rather than tell the complainants to get a life, administrators crumpled in a heap of cheap umbrage. Associate dean Ellen Cosgrove and diversity and inclusiveness director Yaseen Eldik called the alleged offender in for a little chat, which he wisely recorded, and told him that not only was his invitation out of line, but also that his membership in the conservative Federalist Society was triggering.

My sides are splitting with laughter, not from any kinship with the FedSoc, as it is nicknamed, but because I don’t have a pillow handy to smother my screams.

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October 16, 2021 in Legal Ed News, Legal Education | Permalink

Break Into Tax: Talking Tax Careers With The Tax Chick

BiT's first-ever crossover episode: Break Into Tax + Amanda Doucette, host of The Tax Chick Podcast! Like us, Amanda likes to make information and resources more accessible and tackle tax topics with humor. The BiT video contains information and extras not in the 30-minute podcast & vice versa! Find the podcast episode at https://thetaxchickpodcast.transistor... (available on all major podcast streaming sites).

Amanda Doucette is a self-proclaimed foodie, spin class and Pilates enthusiast, and a tax lawyer in Canada. She fell into the practice of tax law despite having a life-long hatred of spreadsheets, math, and numbers in general. She hosts both The Tax Chick Podcast and The Tax Chick Blog.

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October 16, 2021 in Legal Education, Tax | Permalink

Friday, October 15, 2021

Weekly Legal Education Roundup

Next Week’s Tax Workshops

Monday, October 18: Elaine Maag (Tax Policy Center) presents Issues In Child Benefit Administration In The United States: Imagining The Next Stage of The Child Tax Credit (with Samuel Hammond (Niskanen Center)) as part of the Loyola-L.A. Tax Policy Colloquium. If you would like to attend, please RSVP here.

Tuesday, October 19: Stephanie Hoffer (Indiana-Indianapolis; Google Scholar) presents Tax Legislation in Crises as part of the Georgetown Tax Law and Public Finance Workshop. If you would like to attend, please contact Brian Galle.

Wednesday, October 20: David Gamage (Indiana; Google Scholar) presents Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform (with John Brooks (Georgetown; Google Scholar)) as part of the UC-Irvine Tax Policy Colloquium. If you would like to attend, please email

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October 15, 2021 in Colloquia, Legal Education, Scholarship, Tax, Tax Workshops | Permalink

At Yale Law School, A Party Invitation Ignites A Firestorm


Ruth Marcus (Washington Post), At Yale Law School, a Party Invitation Ignites a Firestorm:

Yale University LogoMaoist reeducation camps have nothing on Yale Law School. If you think this is an exaggeration, okay, it is, but keep reading.

Last month, a second-year law student sent some classmates an invitation to a party — to celebrate Constitution Day, of all things.

The student, Trent Colbert, who has the unusual profile of belonging to both the Native American Law Students Association (NALSA) and the conservative Federalist Society, emailed: “Sup NALSA, Hope you’re all still feeling social! This Friday at 7:30, we will be christening our very own (soon to be) world-renowned NALSA Trap House . . . by throwing a Constitution Day bash in collaboration with FedSoc. Planned attractions include Popeye’s chicken, basic-bitch-American-themed snacks (like apple pie, etc.) . . . Hope to see you all there.”

“Trap House,” according to the Urban Dictionary, was “originally used to describe a crack house in a shady neighborhood,” but “has since been abused by high school students who like to pretend they’re cool by drinking their mom’s beer together.” A popular far-left podcast, by three White men, calls itself Chapo Trap House, without incident.

Not at Yale Law School. Within minutes, as reported by Aaron Sibarium of the Washington Free Beacon, the invitation was posted on the group chat for all 2Ls, or second-year law students, of which several asserted that the invite had racist connotations, and had encouraged students to attend in blackface. ...

But what erupted on the group chat didn’t stay on the group chat. All too typically, the issue was escalated to authorities and reinforced by the administrative architecture of diversity and grievance. And that’s when things went off the rails.

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October 15, 2021 in Legal Education, News | Permalink

Call For Tax Papers And Panels: Law & Society Hybrid Annual Meeting

Law & Society

Neil Buchanan (Florida) has issued his annual call for tax papers and panels for next year's hybrid  annual meeting of the Law & Society Association in Lisbon and online (July 13-16, 2022):

The Law & Society Association (LSA) will host its next annual meeting from July 13 - 16, 2022, in Lisbon, Portugal.  For the eighteenth year in a row, I will organize sessions for the "Law, Society, and Taxation" group (Collaborative Research Network 31).  For the sixth year in a row, I am pleased that Professors Jennifer Bird-Pollan and Mirit Eyal-Cohen have committed to working tirelessly to make our conference-within-a-conference a success. ...

As currently planned, the conference will be held in a hybrid format, with some sessions entirely in person and others entirely virtual.

Although there is an official call for papers, please remember that you are not bound by the official theme of the conference ("Rage, Reckoning, & Remedy").  We will give full consideration to proposals in any area of tax law, tax policy, distributive justice, interdisciplinary scholarship, and so on.

The deadline for submissions is 11:59 p.m. ET (USA) on Wednesday, November 10, 2021.

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October 15, 2021 in Conferences, Legal Education, Scholarship, Tax, Tax Conferences, Tax Scholarship | Permalink

Hubbard: A Call To Action On Rule Of Law In The United States

TaxProf Blog op-ed:  A Call to Action on Rule of Law in the United States, by William C. Hubbard, Dean, South Carolina; Co-founder and Chair of the Board, The World Justice Project):

HubbardWe are living through a rule of law crisis, with authoritarianism on the rise in many countries around the world. Even those with strong rule of law traditions are under stress, and the events of January 6 were a stark reminder that the United States is no exception. Indeed, new data released today by the World Justice Project (WJP) paint a particularly alarming picture of recent rule of law developments in the United States. Legal educators have a critical role to play in reversing these trends.

Drawing on surveys of 138,000 households and 4200 practitioners about how governance and justice systems work in practice, the WJP Rule of Law Index scores and ranks countries on eight factors of the rule of law. The Index is widely recognized as the leading source of original rule of law data, relied on by a wide range of public and private sector institutions, scholars, and the media.

The 2021 Index, based on data collected between October 2020 and May 2021, shows rule of law declining in 74% of countries measured, with deterioration most prevalent in factors measuring constraints on government powers, civic space, timeliness of justice, and discrimination. The negative trends held in every region of the world and in rich and poor countries alike.

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October 15, 2021 in Legal Ed News, Legal Education | Permalink

Thursday, October 14, 2021

Cardozo Seeks To Hire An Entry Level Or Lateral Tax Prof

The Benjamin N. Cardozo School of Law at Yeshiva University invites applications for a faculty position focused on Taxation:

Cardozo (2015)We are open both to lateral and entry-level candidates. Lateral candidates should have a superior publication record. Entry-level candidates should have a demonstrated commitment to scholarship.

Cardozo Law values diversity and aims to build a team with a multiplicity of backgrounds, identities, and lived experiences that inform and strengthen our work. The Benjamin N. Cardozo School of Law is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age or protected veteran status.

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October 14, 2021 in Legal Education, Tax, Tax Prof Jobs | Permalink

Jewish Lawyers And The Legal Profession: The End Of The Affair?

Eli Wald (Denver), Jewish Lawyers and the U.S. Legal Profession: The End of the Affair?, 36 Touro L. Rev. 299 (2020):

Scholars of the legal profession have long puzzled over the apparent affinity between Jewish lawyers and the law, in and outside of the United States. This article advances a new explanation to account for the overrepresentation of Jewish lawyers in the U.S. legal profession in the twentieth century: the Confluence of Circumstances theory. The theory shows that a confluence of circumstances including evolving practice realities, changing professional ideologies, increased competition, discrimination, and the cost of legal education coalesced to account for the affinity. Moreover, tracking the same conditions in the twenty-first century the theory predicts the end of the affair explaining why the practice of law no longer represents a particularly attractive proposition for Jews.

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October 14, 2021 in Legal Ed Scholarship, Legal Education, Scholarship | Permalink