Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Tuesday, January 10, 2012

Finally Law School Finally Gets Hit With A Failure To Hire Law Professor Suit

Suit by Conservative Sees Bias in Law School Hiring is an important Jan. 9, 2012 article from the New York Times. It about an 8th Circuit ruling in favor of a law professor who was not hired because her political views. No doubt this was a 1983 action under the First Amendment which would not apply to private universities. 

Perhaps this decision will be a wake up call to law schools that they are employers just like everyone else. There ivy league tower's windows can be broken; particularly when law schools practice discrimination. I expect a wave of similar suits, most probably for age discrimination where law schools shun practical experience for no rational reason.

Mitchell H. Rubinstein

Law Schools | Permalink


Hopefully this decision will be really a wake up call to the law schools and there would be some improvement for the better regarding all the issues pointed above! Regards!

Posted by: Jason Homes | Jan 11, 2012 5:23:01 AM

This should be an interesting case on the 1983 violation at the trial level. Here it seems the political speech relates to likely job function of a law professor (being an outspoken critic of abortion rights while teaching Supreme Court cases protecting said rights). If the trial court finds the speech IS related to the job function, then she did not engage in protected speech- and she can thank Justice Anthony Kennedy.

Even if would-be elderly law professors do file suit against the law cartel ("school), the Supreme Court decision Gross v. FBL Financial Services, which the plaintiff in the instant case probably agrees with (presumed on her political background), has made age discrimination much more difficult to establish.

Additionally, the cartel can establish a legitimate (however warped it defines it) business reason by emphasizing how industry (what it really is) practice values legal scholarship and degrees from certain schools over actual experience.

I must confess though - seeing a trial between a member of the education industrial complex and an outspoken conservative is like an Eagles-Cowboys game- I wish they can both lose (oh- Go Giants!!)

Posted by: Sujan Vasavada | Jan 18, 2012 8:33:16 PM

Post a comment