Monday, August 13, 2018

SEALS 2018 - Mentoring, Learning, Sharing

image from sealslawschools.org

On Saturday evening, I returned from the 2018 Southeastern Association of Law Schools (SEALS) annual conference (program here).  My week-long tour of duty as a conference registrant spanned three different areas of engagement: (1) volunteerism in the portion of the conference dedicated to helping prepare prospective law faculty for the law school appointments process; (2) attendance at programs of interest on substantive law, law schools, and law teaching; and (3) participation (through presentation and commentary) in business law discussion groups.  Although I was exhausted by the time I left (especially because I also attended portions of two meetings of the SEALS Board of Trustees), I also was rewarded by each of the three types of involvement in the conference.

The prospective law teachers component of the conference offers the opportunity for a select group of future teacher-scholars to present a sample job talk, receive comments on their draft CVs, and engage in mock interviews.  This year, I participated as a mentor in all three components.  Some folks needed more support with pieces of the process than others, as you might imagine.  But all were amply qualified and deserving of appointments.  Several sent me nice "thank you" messages.  I hope that we will stay in touch.

I was able to attend a few sessions (or parts of sessions) of various kinds that did not focus on business law directly.  Some featured my UT Law colleagues; others represented areas of interest wholly outside or only indirectly related to business law.  For example, I attended an international panel on "Fake News" in a Digital Era, a discussion session on Strategies for Bar Preparation and Success, a New Scholars Workshop panel focusing on works-in-process relating to regulatory questions in various areas of law, a program entitled Workshop on Teaching to Engage, and a healthcare and bioethics discussion session.  All had something relevant to offer to my scholarship, teaching, or service.  As a result of the teaching session, I plan to move one day of office hours a week to our law school commons c=area, so that students can just drop in individually or in groups.  I will try to remember to report out on that experiment.

Finally, I did participate in three discussion groups and attend a fourth as part of the Business Law Workshop at the conference.  Specifically: I co-chaired--with John Anderson--an insider trading discussion session (U.S. v. Martoma and the Future of Insider Trading Law); chaired a second discussion forum on Alternative ways of Going Public; commented on forthcoming works in a Corporate Governance discussion group; and participated in a final discussion forum on The Role of Corporate Personhood in Masterpiece Bakeshop organized and chaired by our own BLPB co-editor Stefan Padfield. Fellow co-editor Marcia Narine Weldon also attended and participated in this and other programming at the conference.  The discussions in these sessions were rich and varied.  Perhaps Stefan will have more to say about the discussion group he organized . . . .  I think he was pleased with the result of his call for participation.  I found the conversation stimulating and fascinating

The 2019 conference is scheduled to start at the end of July (July 29-August 4) in Boca Raton, Florida.  Look for news on it here, or sign up for the SEALS blog, through which SEALS makes major announcements of interest to subscribing faculty.  If you would like to organize a business law program for next year's conference, please feel free to contact me for advice. I helped originate the SEALS Business Law Workshop years ago and can provide assistance with the proposal submission process.

August 13, 2018 in Conferences, Corporate Personality, Current Affairs, Joan Heminway, Marcia Narine Weldon, Stefan J. Padfield | Permalink | Comments (0)

Another Business Law Hiring Announcement:  Washington and Lee University School of Law

The Washington and Lee University School of Law seeks to hire a faculty member with research and teaching interests in the fields of corporate law, securities regulation, and/or commercial law.  Our school has a long history of outstanding scholarship and teaching in these areas, and we are excited to advance our trajectory with a new hire.  In addition to this subject-matter focus, we look for an individual who will embrace and meaningfully contribute to our close-knit, collegial, and intellectually vibrant community. 

We warmly invite applications for a position as Assistant or Associate Professor of Law beginning July 1, 2019, and we are particularly focused on lateral candidates with between 2-4 years of experience.  In all cases, candidates for the position must demonstrate a record of excellence in both teaching and scholarship.

Washington and Lee University School of Law is an Equal Opportunity employer that does not discriminate on the basis of race, color, religion, national or ethnic origin, sex, gender identity, gender expression, sexual orientation, age, disability, veteran’s status, or genetic information with regard to employment.  We have a commitment to enhancing the diversity of our faculty and, in that regard, we welcome candidates who are members of communities that are traditionally under-represented in the legal profession and academia.

Applicants should submit the following materials through the W&L portal (https://apply.interfolio.com/53173):  a cover letter describing their interest in the position, a current curriculum vitae, a research agenda, and a list of references.  Please address these materials to Prof. Christopher B. Seaman, Chair of the Faculty Appointments Committee.  Any questions may be addressed to Prof. Seaman at seamanc@wlu.edu.  All inquiries will be treated as confidential.

August 13, 2018 in Joan Heminway, Jobs, Law School | Permalink | Comments (0)

Monday, August 6, 2018

More Openings for Business Law Teachers/Scholars

Today, I am at the Southeastern Association of Law Schools ("SEALS") annual conference working with aspiring law professors.  More on that and other aspects of SEALS next week.  But it seems a number of law schools are hiring for the 2019-20 academic year, some specifically looking for business law folks and others looking for MVPs that may include business law folks.  Set forth below are several of the messages I have gotten in the past few weeks.  Hopefully, I have managed not to repeat a notice someone else already has posted . . . .

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Professor of Law / Assistant (Acting) Professor of Law
University of California, Irvine School of Law

The University of California, Irvine School of Law invites applications for tenured and non-tenured faculty positions beginning August 1, 2018.

UC Irvine School of Law is a visionary law school focused on training talented and passionate lawyers and driven by professional excellence, intellectual rigor, and a commitment to enrich our communities through public service. UCI Law, founded just ten years ago, is the newest public law school in California in early 50 years and currently is ranked 21st nationally by U.S. News & World Report.

The School, ranked 6th in the nation for scholarly impact, is highly regarded for its faculty and expert practical training. UCI Law offers a distinct, innovative approach to legal education that features experiential learning and interdisciplinary studies. Committed to values of public service, excellence in scholarship and teaching, and fostering a diverse, inclusive community, UCI Law is home to distinguished faculty and passionate, talented, and socially conscious students.

Applicants must hold a J.D. degree or equivalent, or a Ph.D. from an accredited institution and have demonstrated potential for outstanding teaching and scholarly achievements. Scholars from all areas of interest are encouraged to apply.

For more information about UCI Law, visit: www.law.uci.edu.

Interested applicants should submit formal materials using UC Irvine’s online application system, AP Recruit:

For tenured faculty position: https://recruit.ap.uci.edu/apply/JPF04840
For tenure-track faculty position: https://recruit.ap.uci.edu/apply/JPF04865

The University of California Irvine is an Equal Opportunity/Affirmative Action employer advancing inclusive excellence. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, protected veteran status, or other protected categories covered by the UC nondiscrimination policy. A recipient of an NSF ADVANCE award for gender equity, UCI is responsive to the needs of dual career couples, supports work-life balance through an array of family-friendly policies, and is dedicated to broadening participation in higher education.

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WASHINGTON UNIVERSITY SCHOOL OF LAW invites applications from entry-level or junior lateral candidates for tenure-track positions, to begin in the fall of 2019.

We are particularly interested in corporate law, property law, and criminal law. Candidates must have at a minimum a J.D., a PhD, or the equivalent in a related field. In addition, candidates should have strong scholarly potential and a commitment to excellence in teaching. Duties will include teaching assigned courses, researching and publishing scholarly work, advising students, and participating in law school and university service. The strong candidate will demonstrate the ability to create inclusive classrooms and environments in which all students can learn and thrive.

The committee will be reviewing applications submitted through the AALS Faculty Appointments Register, but is willing to consider materials outside of the FAR process. Although there is no deadline, applications will have the best chance of full consideration if they are received by August 21, 2018. Application materials should include a cover letter, a resume which includes at least 3 references, a list of publications and up to three pieces of scholarly work. Materials should be submitted to Professor Kevin Collins, Chair of Appointments Committee, Washington University School of Law, by emailing them to lawappts@wustl.edu.

Washington University in St. Louis is committed to the principles and practices of equal employment opportunity. It is the University’s policy to recruit, hire, train, and promote without regard to race, color, age, religion, sex, sexual orientation, gender identity or expression, national origin, protected veteran status, disability, or genetic information.

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UNIVERSITY OF CALIFORNIA AT DAVIS SCHOOL OF LAW invites applications for two entry-level, tenure-track positions to begin July 1, 2019. Our hiring needs are flexible. We seek applications from candidates with scholarly distinction or promise and a commitment to excellence in teaching.

All candidates must apply through the UC Recruit system at the following link: https://recruit.ucdavis.edu/apply/JPF02341. In addition, as part of their application, candidates must include a Statement of Contributions to Diversity. Information about the Statement can be found at http://academicaffairs.ucdavis.edu/diversity/equity_inclusion/index.html. For full consideration, applicants should apply by September 27, 2018, although we recommend that you submit your materials as soon as possible.

Candidates must have a J.D. or equivalent degree. We require a cover letter, curriculum vitae, research agenda, teaching evaluations and/or transcripts, writing sample, and contact information for three references at this time. Please note that we may require further documentation at a future date, including, but not limited to, letters of recommendation, which will be treated as confidential per University of California Policy and California state law.

Please direct questions to Professor Peter Lee, Chair of the Faculty Appointments Committee, via email at facultyappointments@law.ucdavis.edu.

Inquiries about visiting positions should be submitted to Senior Associate Dean for Academic Affairs Afra Afsharipour, also at facultyappointments@law.ucdavis.edu.

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.

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UKLawLogoASSISTANT PROFESSOR OF LAW

THE UNIVERSITY OF KENTUCKY COLLEGE OF LAW invites applications for one, possibly two, entry-level, tenure-track faculty positions at the rank of Assistant Professor, beginning in the Fall of 2019. The College is seeking to fill needs in almost any area of law. Some key areas include Criminal Law, Criminal Procedure, Property, Civil Procedure, Contracts, Family Law, Securities Regulation, and Trusts and Estates. However, we are interested in considering candidates who teach and/or research in other areas that are not included in this sample list of priorities. The College of Law is an important part of a major research university and offers a collegial and supportive atmosphere for its faculty, staff, and students. Applicants should have a J.D. or equivalent law degree, a record of high academic achievement, and a demonstrated potential for excellence in teaching and in scholarly productivity. Salary for this position will be commensurate with experience.

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

Applicants should send a letter of application and resume to Jennifer Bird-Pollan, Chair, Faculty Appointments Committee, by mail at the University of Kentucky College of Law, 213 Mandrell Hall, Lexington, KY 40506-0048, or by email to the administrative assistant for the Committee at alina.emen@uky.edu.

To receive consideration for this position, applicants must apply through the University of Kentucky’s Integrated Employment System at http://ukjobs.uky.edu/postings/154559.

UKLawLogoASSOCIATE PROFESSOR OR PROFESSOR OF LAW

THE UNIVERSITY OF KENTUCKY COLLEGE OF LAW invites applications for one experienced, tenured or tenure-track faculty position at the rank of Associate Professor or Professor, beginning in the Fall of 2019. The College is seeking to fill needs in almost any area of law. Some key areas include Criminal Law, Criminal Procedure, Property, Civil Procedure, Contracts, Family Law, Securities Regulation, and Trusts and Estates. However, we are interested in considering candidates who teach and/or research in other areas that are not included in this sample list of priorities. The College of Law is an important part of a major research university and offers a collegial and supportive atmosphere for its faculty, staff, and students. Applicants should have a J.D. or equivalent law degree, a record of high academic achievement, and distinguished accomplishment in teaching and in scholarly productivity. Salary for this position will be commensurate with experience.

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

Applicants should send a letter of application and resume to Jennifer Bird-Pollan, Chair, Faculty Appointments Committee, by mail at the University of Kentucky College of Law, 213 Mandrell Hall, Lexington, KY 40506-0048, or by email to the administrative assistant for the Committee at alina.emen@uky.edu.

To receive consideration for this position, applicants must apply through the University of Kentucky’s Integrated Employment System at http://ukjobs.uky.edu/postings/154567.

August 6, 2018 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, July 30, 2018

日本からのご挨拶 - My Japanese Adventure

Hello to all from Tokyo, Japan (Honshu).  I have been in Japan for almost a week to present at and attend the 20th General Congress of the International Academy of Comparative Law (IACL), which was held last week in Fukuoka, Japan (Kyushu).  By the time you read this, I will be on my way home.

Fukuoka(Me+Sign)

As it turns out, I was at the Congress with old business law friends Hannah Buxbaum (Indiana Maurer Law), Felix Chang (Cincinnati Law), and Frank Gevurtz (McGeorge Law), as well as erstwhile SEALS buddy Eugene Mazo (Rutgers Law).  I also met super new academic friends from all over the world, including several from the United States.  I attended all of the business law programs after my arrival (I missed the first day due to my travel schedule) and a number of sessions on general comparative and cross-border legal matters.  All of that is too much to write about here, but I will give you a slice.

I spoke on the legal regulation of crowdfunding as the National Rapporteur for the United States.  My written contribution to the project, which I am told will be part of a published volume, is on SSRN here.  The entire project consists of eighteen papers from around the world, each of which responded to the same series of prompts conveyed to us by the General Rapporteur for the project (in our case, Caroline Kleiner from the University of Strasbourg).  The General Rapporteur is charged with consolidating the information and observations from the national reports and synthesizing key take-aways.  I do not envy her job!  The importance of the U.S. law and market to the global phenomenon is well illustrated by this slide from Caroline's summary.

Fukuoka(GlobalCrowdfundingSlide)

The Congress was different from other international crowdfunding events at which I have presented my work.  The diversity of the audience--in terms of the number of countries and legal specialties represented--was significantly greater than in any other international academic forum at which I have presented.  Our panel of National Rapporteurs also was a bit more diverse and different than what I have experienced elsewhere, including panelists hailing from from Argentina, Brazil, Canada, France, Germany, Poland, and Singapore (in addition to me).  At international conferences focusing on the microfinance aspects of crowdfunding, participants from India and Africa are more prominent.  I expect to say more about the individual national reports on crowdfunding in later posts, as the need or desire arises.

A few outtakes on other sessions follow.

Continue reading

July 30, 2018 in Conferences, Contracts, Corporate Finance, Corporate Governance, Crowdfunding, Current Affairs, International Business, International Law, Joan Heminway, Research/Scholarhip, Securities Regulation, Social Enterprise | Permalink | Comments (0)

Thursday, July 26, 2018

"Snapchat's Gift": Reflections on the Nature of Equity

SnapchatLogo

One of the business law academy's power couples, Amy and Bert Westbrook, recently posted an intriguing piece on SSRN that Bert and I have been communicating about a bit this summer.  It is entitled Snapchat's Gift: Equity Culture in High-Tech Firms, and it is, indeed, a lovely gift--well conceived and packaged.  It is a look at dual class common equity in technology firms--and equity more generally--that confronts and incorporates many perspectives from law, economics, and other social sciences.

Some of you, like me, teach basic corporate finance in a variety of courses.  In those situations, it is important for instructors to have a handle on descriptions of the basic instruments of corporate finance--debt, equity, hybrid, and other.  What is the package of rights each instrument represents that incentivizes investors to supply money or other valuable assets?  In my classes, we ultimately discuss equity as a bundle of rights that includes potentials for financial gain and governance.  Snapchat's Gift digs into the validity of these perceived rights in relevant part by focusing on recent changes in the primary public offering market for equity securities in the United States--in particular, the advent of highly publicized and fully subscribed initial public offerings of nonvoting common shares.

Continue reading

July 26, 2018 in Corporate Finance, Corporate Governance, Corporations, Current Affairs, Joan Heminway, Marcia Narine Weldon, Research/Scholarhip, Securities Regulation | Permalink | Comments (0)

Monday, July 23, 2018

Women's Leadership in Academia - First Annual Conference

On Thursday and Friday of last week, I had the honor of attending and presenting at the inaugural conference on Women's Leadership in Academia at the University of Georgia School of Law.  The conference featured a wide variety of plenary and breakout/workshop sessions over the two days.  My dean and two other colleagues from UT Law also were presenters at the conference; an additional UT Law colleague attended but did not present.

The opening plenary panel featured four women talking about "Me Too and the Legal Academy."  The panelists offered perspectives from journalism, criminal law, tort law, constitutional law, victim/survivor advocacy, classroom teaching, law school administration, campus Title IX adjudication, and personal experience.  Audience members actively participated in a dialogue with the panelists.  The keynote on the second day was delivered by the interim provost at UGA, Libby Morris, who offered information on women in leadership--data, anecdotes, and observations--and moderated a related audience Q&A.

The remainder of the program included various panels, presentations, and workshops.  Among them was a nifty combined PechaKucha/workshop offered by three of my UT Law colleagues on "Leadership Challenges and Solutions over the Course of a Career" and my breakout session entitled "Outside the Four Walls of the Law School: Law Faculty and Staff as Campus and University Service Leaders."  A number of colleagues/friends attended my session, and two took pictures of me in action.  Although I look serious and pained in all of those photos, I am including one here since it features a key slide in my presentation.

UGA2018(photo1)

The full program can be found here.  

Friend of the BLPB, Conglomerate blogger, and UGA Law colleague Usha Rodrigues worked with a team of female leaders from a number of schools to organize and carry off the conference.  It was exceptionally well done.  Future Women's Leadership in Academia conferences will be held at the University of Virginia School of Law (2019), the University of California, Los Angeles, School of Law (2020), and Brigham Young University, J. Reuben Clark Law School (2021).  Look for more news here and elsewhere on these annual women's leadership events.

July 23, 2018 in Conferences, Joan Heminway, Law School | Permalink | Comments (0)

Monday, July 16, 2018

On Losing A Rising Star Business Law Colleague - A Tribute to Jonathan G. Rohr

Had I not been taking pictures on the beach during a morning walk with dear college friends on the New England shoreline, I would not have seen the incoming call on my silenced cell phone--a call from a business law colleague from UT Law that I figured I ought to answer.  But the call was not, as I expected, a request for help with a research or teaching question.  Instead, this colleague was calling to inform me of an email message from our Dean letting us know that our junior business law colleague, Jonathan Rohr, had died the day before.  (I am linking here to a YouTube video featuring Jonathan, which will tell you much more about the man that he was than any CV or website.)

Jonathan came into my life almost two years ago when he interviewed with UT Law for a permanent, tenure track position after VAP-ing at his law alma mater, Cardozo.  From the start, Jonathan impressed me and others on the Appointments Committee with his intellect, his enthusiasm for the faculty task, and his intensity.  He survived the appointments tournament and came to work with us last summer.  Before his untimely death, he already had been invited to comment on a paper at last year's AALS annual meeting and had symposium and virtual symposium invitations--as a first-year tenure-track colleague.  His scholarship was thoughtful and lucidly written.  He worked hard to make every piece better and better and better through editing.  He was a popular and revered teacher.  He was contributing to our College of Law community in significant ways.   I could not have been prouder to have him as a colleague and tried to introduce him to everyone imaginable to get his permanent teaching career off to the right start. 

I think it's fair to say that no one was more excited for Jonathan's arrival at UT Law than I.  He was what my dear husband calls a "Mini-Me"--someone at the early stages of a career trajectory with a similar professional background who aspires to similar career goals and seeks to be mentored by me along the way.  Most of the Mini-Mes that I have worked with were and are law practice colleagues and students.  Jonathan was my first faculty Mini-Me.  I had plans for our ongoing work together.  I think he had plans of that kind, too.  We had started working in a number of areas informally.  We drank beer and discussed strategies for research, teaching, tenure, promotion, etc.  The one academic year that we had together was idyllic in so many ways--too good to be true, for me, as I often observed.  Our last conversation about his current work and my current work was last week.  He was writing a guest post for this blog.  He promised to send me his most recent essay in draft form for review.  On July 11, he sent the essay to me and a few others.  Two days later, he was no longer with us.  Unbelievable.

And so, on Saturday, after my colleague delivered the news during that beach walk, I stopped and cried.  I asked "why?" so many times and shook my head in disbelief as I moaned and the tears fell.  What else could I do?  The once colorful, happy beach scene turned gray.  Over 20 years ago, I remember my husband relating that the colors were taken from him when his Dad, a vibrant graphic artist, died too young (but at a much older age than Jonathan).  I understood in that moment on the beach exactly what my husband meant.  Yet, I knew I had to move on.  My friends were way down the beach by that time.  They needed to know what had transpired.  I needed their support and love; and I knew I needed them to to try help me make sense out of the world around me.  Everything was and remains a bit off-kilter.  I know many of you can identify with that feeling.

As I walked down the beach, head bowed low, the first thing that stood out for me on the bland, gray sand was this rock.

BeachRock

It appeared blue in the sunshine--a striking blue in the dull sandy grayness--although in other lights it takes on more charcoal color, as it does in this photo.  Like Jonathan, it stood out as special, a near-perfect specimen among many others.  In finishing the walk, I picked up several other objects that stood out from others on the beach.  Somehow, that effort comforted me.  I cannot really say why . . . .

Over the past few years, those of us who research and teach business law have mourned the loss of a number of amazing colleagues.  These passings have hit all of us hard, professionally and personally.  But the loss of Jonathan Rohr from our midst feels qualitatively different to me, as a close colleague and mentor.  It will take time for me and many others who knew him to even begin to process this tragic loss.  Perhaps this post will begin a process of healing for me.  But I do not know that I ever will make sense out of this.  We have lost a man that many had loved and respected.  In his way-too-short life, he touched colleagues and students, as well as family and friends.  His enthusiasm and love for life was so palpable and contagious; I still feel that energy now.  I hope that sense of connection lingers.  It also is a comfort.  

I dedicate this post to Jonathan, with offers of sympathy and love to his wonderful wife, Jing, and the rest of their family.  I am so glad that he became part of my life and so mournfully sad that he has left us.

July 16, 2018 in Joan Heminway, Law School, Research/Scholarhip, Teaching | Permalink | Comments (13)

Monday, July 9, 2018

A Lawyer Helping Wounded Warriors, One House at a Time . . . .

image from www.homesforwoundedwarriors.com

As a legal advisor to both for-profit and not-for-profit ventures for more than 30 years, I have had to learn about the business operations of new clients many, many times.  The facts are so important in these knowledge acquisition processes (which generally take time to complete).  The more experienced one is as a business lawyer, the more adept one is at getting the right facts--and analyzing the legal risks, rights, and responsibilities they represent or signal.

As a law professor, I have had many opportunities to experience joy from the work of my students.  They do such amazing things!  As the careers of my former students lengthen and deepen, my pride in them often exponentially increases.

With all that in mind, I bring you today a podcast featuring one of my beloved former students.  She doesn't work for a law firm or a major multinational corporation.  She is not a general counsel.  Instead, she works for a relatively small nonprofit organization in a broad-based planning and development role.

The podcast consists of an exposition/interview by that former student, Betty Thurber Rhoades.  In the podcast, Betty explains--from soup to nuts (i.e., application to move-in)--the process of getting disabled veterans into modified or new homes through Jared Allen's Homes for Wounded Warriors (JAH4WW), the nonprofit organization for which she works.  Betty started her career post-law school thirteen years ago as a Presidential Management Fellow working for the Department of Veterans Affairs (VA) on regulatory policy matters.  She stayed with the VA until March 2017, ending her VA career as Executive Management Officer (Chief of Staff) to the Deputy Under Secretary for Economic Opportunity, before beginning her work for JAH4WW.  Totally impressive; totally heartwarming.

What I love about this podcast (other than how proud it makes me of the work Betty does) is the utility this kind of description would have/could have for a lawyer who wants to volunteer or otherwise sign on to help with one of JAH4WW's housing projects.  She mentions in the podcast the contributions of lawyers; she talks about acquiring and titling property, identifying and selecting contractors, etc.  She is, of course, herself a lawyer, so she is sensitive to the facts that matter.  I could easily create a checklist for an engagement letter from this podcast--and get a good overall sense of the "givens" and uncertainties of the representation, too.

We probably ought to talk more in this space about the work that some of our students do once they graduate.  I know I have done very little of this.  But Betty's work and podcast inspire action--at least for me.

July 9, 2018 in Joan Heminway, Lawyering, Nonprofits | Permalink | Comments (0)

Monday, July 2, 2018

Business Law and Related Openings at Seton Hall Law

Seton Hall University School of Law welcomes applications for tenure-track positions to begin July 1, 2019. Candidates should have a J.D. or equivalent degree and a record of academic excellence. Candidates should be able to demonstrate both extraordinary scholarly promise and the ability or potential to be an outstanding teacher who can motivate students while preparing them for the practice of law in the twenty-first century. The School of Law will consider entry-level and junior lateral candidates in a variety of subject areas with particular focus on 1) Law and Technology, including data analytics/AI as it intersects with law and compliance, social media and electronic discovery, and ethics in the intersection of law and technology; 2) Business Law, preferably with a focus on Securities Regulation; and 3) Health Law, preferably with a focus on Healthcare Fraud or Food and Drug Law.

Seton Hall Law School offers a vibrant, energetic academic environment. Located in downtown Newark, New Jersey, approximately 20 minutes from Manhattan, Seton Hall Law is especially well-regarded in the health and life sciences law, intellectual property, cybersecurity, and privacy arenas, and it is in the process of expanding its role in energy, technology and data analytics. The faculty includes nationally recognized scholars and teachers with expertise in a wide range of areas.

Seton Hall Law School is an equal opportunity and affirmative action employer. We welcome applications from minorities, women, and others whose background and experiences will contribute to institutional diversity.

To apply, please send a resume and cover letter to Professor Marina Lao, Chair, Faculty Appointments Committee, Seton Hall Law School, at lawfacultyappointments@shu.edu.

July 2, 2018 in Joan Heminway, Jobs, Law School | Permalink | Comments (0)

A Robin Hood Scenario under U.S. Insider Trading Law . . . ?!

RobinHood

What would the world look like if a public company officer or director, recognizing the value of material nonpublic firm information in his possession and intending to benefit people of limited means, gave this valuable information to those less fortunate without the knowledge or consent of the firm and without any expectation of benefit in return? How, if at all, do we desire to regulate that behavior? The officer or director apparently would be in breach of his or her fiduciary duty absent a valid, binding, and enforceable agreement to the contrary. Does that conduct also, however, violate U.S. federal insider trading rules? Should it? This article, a relatively short piece that I wrote for a "virtual symposium" issue of the Washington University Journal of Law & Policy, offers answers to those questions.

Other symposium authors with insider trading pieces in this volume include:

John Anderson 
Steve Bainbridge
Frank Gevurtz
Zach Gubler
Peter Henning
Roberta Karmel
and
Yesha Yadav

Great reading on this topic, all around.  As we await the next insider trading regulation volley after Salman v. United States, this collection of essays and articles fills a nice gap.  Although the issue is not yet posted to the journal's website, it soon should be.  In the mean time, here is a photo of the relevant page from the table of contents:

WashU(ToC)

(Sorry for the faint image and the shadows! I took this in my office; no natural light was available, if you know what I mean . . . .)

Enjoy!

July 2, 2018 in Joan Heminway, Law Reviews, Securities Regulation | Permalink | Comments (0)

Adjuncts Needed for New 1L Skills Course at U.C. Davis

I received the following today through the AALS teaching listserv.  It may be of interest to some of you or to folks you may know in the region.

++++++++++++++

Dear Friends:

I am happy to report that the UC Davis School of Law is offering a mandatory skills course for 1Ls starting in Spring 2019. It will include segments on negotiation and client interviewing. If you are in northern California, or plan to be January through March 2019, I hope you will consider applying for one of the six adjunct positions relating to this exciting new course. Information here: https://recruit.ucdavis.edu/apply/JPF02281

Donna Shestowsky, J.D., Ph.D.
Director of Lawyering Skills Education
Professor of Law, UC Davis School of Law
Martin Luther King Jr. Research Scholar
Affiliated Faculty, Department of Psychology, UC Davis
dshest@ucdavis.edu
Phone: (530) 754-5693
My latest research, published in the Harvard Negotiation Law Review, can be found here:
https://ssrn.com/abstract=2945706

July 2, 2018 in Joan Heminway, Jobs, Law School, Teaching | Permalink | Comments (0)

Wednesday, June 27, 2018

UC Hastings Law Opening - Contracts/Private Law (Plus)

The University of California Hastings College of the Law in San Francisco seeks to hire a tenured or tenure-track faculty member. We seek someone who is, or who promises to be, an innovative and productive scholar, an exemplary teacher, and a role model for our students, and who will contribute as a dynamic and engaged institutional citizen. We will accord priority in consideration to candidates who teach and produce scholarship in the areas of state and local government law or contracts/private law. We are particularly interested in recruiting someone who will contribute to our vibrant and diverse community of interdisciplinary scholars. Entry-level and lateral candidates should send a cv, statement of interest, and representative publications in .pdf format to Professor Chimène Keitner, Appointments Committee Chair, keitnerc@uchastings.edu, with the subject heading “Faculty Position.” We will conduct interviews on campus and at the 2018 AALS Faculty Recruitment Conference.

UC Hastings prohibits discrimination against any person employed; seeking employment; or applying for or engaged in a paid or unpaid internship or training program leading to employment with UC Hastings College of the Law on the basis of race, color, national origin, religion, age, sex, gender, sexual orientation, gender expression, gender identity, gender transition status, sex- or gender-stereotyping, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, citizenship, or service in the uniformed services, including protected veterans. This policy applies to all employment practices, including recruitment, selection, promotion, transfer, merit increase, salary, training and development, demotion, and separation.

June 27, 2018 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, June 25, 2018

LSU Law: Tenure-Track or Tenured Business Law Faculty Opening

LOUISIANA STATE UNIVERSITY, PAUL M. HEBERT LAW CENTER seeks to hire a tenure-track or tenured faculty member in business and commercial law, with particular attention in corporate, partnership, and other areas of tax law. We may consider applications from persons who specialize in other areas as additional needs arise. Applicants should have superior academic credentials and publications or promise of productivity in legal scholarship, as well as a commitment to outstanding teaching. The Paul M. Hebert Law Center of LSU is an Equal Opportunity/Equal Access Employer and is committed to building a culturally diverse faculty. We particularly welcome and encourage applications from female and minority candidates.

Applications should include a letter of application, resume, references, and teaching evaluations (if available) to:

Melissa T. Lonegrass
Chair, Faculty Appointments Committee
c/o Pam Hancock (or by email to phancock@lsu.edu)
Paul M. Hebert Law Center
Louisiana State University
1 East Campus Drive
Baton Rouge, Louisiana 70803-0106

June 25, 2018 in Joan Heminway, Jobs, Law School | Permalink | Comments (0)

2018 National Business Law Scholars Conference - Wow!

The close of business on Friday, June 22 marked the end of the 9th National Business Law Scholars Conference.  With Paul Mahoney and Cindy Schipani as our keynote speakers, two featured plenary panels (revisiting, respectively, the 2008 financial crisis and salient business crime issues), and 30 academic paper and author-meets-readers panels, this year's conference was packed with activity.  Maggie Sachs, who retired from an illustrious business law teaching career effective May 31, and the University of Georgia hosted the event.  I am proud to have had a role in planning the conference and am relieved that our all-volunteer planning committee was able to (again) carry off a successful event.  A mostly final (!) event program is available here.  Thanks to Eric Chaffee for his usual Herculean efforts in organizing and reshuffling (up through the last day of the conference) the program.

I moderated the financial crisis plenary panel, offered comments on David Webber's The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon, (as shown in the picture below), presented a two-paper project on business deregulation that I am working on this summer, and introduced Cindy's Friday keynote luncheon presentation on corporate board independence and diversity. [Note that BLPB co-blogger Ann Lipton also was on the book commentary panel with me (on the right in the photo below), as was fellow NYU Law alum Mehrsa Baradaran (on the left in the photo below).]

NBLS2018(BookPanelPicture)

Each of these programs, as well as the plenary sessions and concurrent panels that I attended as an audience member, was an educational experience for me.  Among other things, I got four super-helpful comments on my deregulation presentation.  That alone was worth the four-hour-plus drive from Knoxville to Athens.

The conference included (as speakers and audience members) business law faculty from both law schools and business schools as well as others (including corporate counsel and government officials) who work in business law from a governance, policy-making, or rule-making perspective.  The breadth of business law scholarship featured at the conference was inspiring.  I heard about ongoing academic research on board composition, financial regulation, technology/business law interactions, and more.

Next year, we will meet at the U.C. Berkeley School of Law, with Steven Davidoff Solomon hosting.  More on that soon.  For now, I will enjoy the warm glow of a stimulating conference in which we served over 100 business law scholars from around the world.

June 25, 2018 in Conferences, Joan Heminway | Permalink | Comments (2)

Friday, June 22, 2018

Call for Papers: 2018 Midwestern Law & Economics Association Annual Meeting

Call for Papers: Midwestern Law & Economics Association Annual Meeting
The University of Alabama School of Law
September 14-15, 2018

 

Dear colleagues,

Please note that the deadline for submitting papers to the Midwestern Law & Economics Association has been extended to July 20, 2018. 

The University of Alabama School of Law (UASL) is pleased to host the Eighteenth Annual Meeting of the Midwestern Law & Economics Association (MLEA) September 14-15, 2018 in Tuscaloosa, Alabama. This year’s meeting will be co-sponsored by the UASL and the UASL¹s Cross Disciplinary Legal Studies Program.

We invite participants from across the nation (not just the Midwest) and abroad. There are no registration or membership fees. Participants will finance their own travel and hotel costs.

Papers can be on any topic that touches on law and economics. This includes, for example, papers with empirical analysis and economic modeling, as well as papers that address legal doctrine or theory that have been informed by economic thought.

To apply, submit a paper or abstract to Shahar Dillbary (sdillbary@law.ua.edu) and Yonathan Arbel (yarbel@law.ua.edu ) no later than Friday, July 20th. 

A block of rooms at Hotel Indigo has been reserved for conference participants at a rate of $119 (excluding tax). You can book by calling the hotel directly at 205.469.1660 or via the website at Hotel Indigo Reservations. Use Group ID Bama Law to receive the special conference rate.  You will need to reserve your room by September 3, 2017 to receive this conference rate.

Contact Shahar Dillbary (sdillbary@law.ua.edu) and Yonathan Arbel (yarbel@law.ua.edu) with any questions.

June 22, 2018 in Call for Papers, Conferences, Joan Heminway | Permalink | Comments (0)

Monday, June 18, 2018

Late Spring Business Law Prof Escapades (Of Sorts . . .)

June has been a busy month for me.  I look forward to catching my breath after the National Business Law Scholars Conference this coming Thursday and Friday at the University of Georgia School of Law.  Today, having already written about the biennial transactional law and skills conference at Emory Law a few weeks ago, I will briefly outline three of my more recent forays: (1) a conference on Legal Issues in Social Entrepreneurship and Impact Investing—in the US and Beyond organized by the Impact Investing Legal Working Group and NYU Law's Grunin Center for Law and Social Entrepreneurship; (2) the Law and Society Association Annual Meeting and Conference, Law at the Crossroads: Le Droit à la Croisée des Chemins; and (3) a town hall meeting of the U.S. Securities and Exchange Commission at the Georgia State University College of Law.

Grunin2018

I had a super opportunity to speak at the Grunin Center conference this year, helping to construct and guide a discussion on whether definitions matter to the developing fields of impact investing and social entrepreneurship.  Sadly, my travel got bolloxed up by a plane with mechanical difficulties, and I missed the first half of the panel discussion at the conference.  But I was glad (and truly lucky under the circumstances) to get the chance to participate for the last half.  My co-panelists and I are featured in the photo above.  What a great group, featuring varied perspectives.  The entire conference program was fabulous.  A highlight for me was a panel on social enterprise acquisitions featuring an NYU Law alum who is retiring from the board of directors of Ben & Jerry's Homemade Holdings Inc this year having seen the firm through from independent private ownership to its acquisition by Unilever.


LSA2018(moderating)
At the Law and Society Association conference, I used up almost every ounce of my remaining energy for the week participating in two author-meets-reader panels, delivering a talk on a paper panel, and serving as a moderator/discussant on a fourth panel (pictured here--note the jerry-rigged "podium" since we were stuck in a hotel room for this panel).  But it was all great work!  Our Collaborative Research Network (CRN) featured ten programs on corporate and securities law this year, spread over a three-day period.  Kudos to our program coordinator, Darren Rosenblum, for getting and keeping us organized.

  SECTownHall2018

The SEC town hall meeting was a real treat.  All five commissioners were in attendance and spoke, both as part of a public plenary session and as featured panelists on various subjects ranging from cryptocurrencies to small business finance.  Several hundred members of the public were in attendance.  I had the privilege and honor of visiting with four of the five commissioners after the town hall meeting at a private reception.  I had met Commissioner Stein at UT Law two years ago and Commissioner Jackson a number of years ago, but I had not personally met the others--although I follow Commissioner Peirce on Twitter (@HesterPeirce).  Each of them offered time and attention to so many people that day.  Three of them have academic experience of one kind or another in law or economics and offered special time and attention to those of us in the academy that day as well.  Hats off to them all.  They are working hard to resolve some tough issues and deserve our support.  Thanks to BLPB Contributing Editor Anne Tucker, her dean, and her colleagues for their hospitality at Georgia State Law that day.

That's it for my report for the past two weeks.  Working as a business law professor is truly my calling and my privilege.  I feel that when I have the opportunity to walk among the likes of our industrious colleagues in academia and government, as I did these past two weeks.

June 18, 2018 in Anne Tucker, Conferences, Joan Heminway | Permalink | Comments (0)

Sunday, June 17, 2018

Possible Items for your Summer Reading List: Insider Trading and Legal Writing

Two law scholar/teacher friends have recently published books that deserve attention.  The first is a labor of scholarly love from my Association of American Law Schools and Southeastern Association of Law Schools co-conspirator John Anderson.  The second represents the hard work of Antonio Gidi, who visited at Tennessee Law a number of years ago.  I have read neither book, but I know the quality of the work that went into both of them.

Here is the summary of John's book, Insider Trading: Law, Ethics, and Reform:

As long as insider trading has existed, people have been fixated on it. Newspapers give it front page coverage. Cult movies romanticize it. Politicians make or break careers by pillorying, enforcing, and sometimes engaging in it. But, oddly, no one seems to know what’s really wrong with insider trading, or - because Congress has never defined it - exactly what it is. This confluence of vehemence and confusion has led to a dysfunctional enforcement regime in the United States that runs counter to its stated goals of efficiency and fairness. In this illuminating book, John P. Anderson summarizes the current state of insider trading law in the US and around the globe. After engaging in a thorough analysis of the practice of insider trading from the normative standpoints of economic efficiency, moral right and wrong, and virtue theory, he offers concrete proposals for much-needed reform.

It comes with advance praise from many of our business and criminal law colleagues--Jill Fisch, Don Langevoort, Ellen Podgor, Kelly Strader, and Andrew Vollmer.  If you order from Cambridge University Press before May 1, 2019, you can get a 20% discount using code JPANDERSON2018 at checkout.  I just ordered my copy.

Gidi's book (coauthored with Henry Weihofen), Legal Writing Style (Third Edition), is described as follows:

Legal Writing Style promotes the art of good writing by teaching students and practitioners the tools to make their prose clear, precise, simple, and forceful. With examples of what works and what doesn’t, this short but comprehensive treatise provides an invaluable resource for recasting writing for maximum impact and ultimate success.

It is classified as a hornbook, so you may not think it is a page-turner worthy of summer reading.  And it is a third edition.  But this topic is so crucial to what we do, and this edition is, I understand, a substantial re-write.  So, I draw attention to it here.

Happy Father's Day to all who are celebrating as or with fathers today.  Put the summer reading list aside to honor those important folks in our lives--something we should do every day.

June 17, 2018 in Joan Heminway | Permalink | Comments (0)

Monday, June 4, 2018

Emory Law Transactional Law and Skills Conference

It was great to see co-blogger Marcia Narine Weldon (albeit briefly) at the Sixth Biennial Conference: To Teach is to Learn Twice: Fostering Excellence in Transactional Law and Skills Education hosted by Emory Law's Center for Transactional Law and Practice.  I had the opportunity to present and attend some of the presentations on Friday.  I had to leave Saturday morning to teach Contract Law to ProMBA students in Knoxville Saturday afternoon, however, and missed hearing half the conference program as a result.  Even on Friday, due to the number of super concurrent sessions, I had to forego a lot of great presentations.  Consequently, I was delighted to read Marcia's post on Tina Stark's presentation.  Great stuff.

At the conference, I offered insights on my document "treasure hunt" teaching method in a "try this" session on Friday afternoon.  More specifically, I talked about and demonstrated a corporate finance treasure hunt.  After laying a substantive and practical foundation, I sent the audience, some of whom are not corporate finance folks, on a search for blank check preferred stock provisions in Delaware corporate charters.  Then, I called on them to share their search logic and make observations about what they found, relating their treasure to the example I had given them.  They did so well with this exercise!  Everyone found a blank check stock provision, and many in the audience were willing to talk about what they found.

I went to several other "try this" sessions on Friday (billed as forums "for individual presenters to demonstrate in-class activities").  They included:

The Creative Aspect of Transactional Lawyering: Structuring the Transaction and Drafting the Agreement to Resolve a Legal Issue

John F. Hilson
UCLA School of Law

Stephen L. Sepinuck
Gonzaga University School of Law

Teaching Contract Law, Terms, and Practice Skills Through Problems

Nadelle Grossman
Marquette University Law School

Teach the Basics of Contract Drafting, Corporate Governance & Transactional Law in One Sentence

Neil J. Wertleib
UCLA School of Law

Each session offered much to think about, a hallmark of this conference.  I plan to consider over the course of the summer--and beyond--how I may use some of the demonstrated techniques in my teaching and writing.  The proceedings of the conference will be published in principal part in Transactions: The Tennessee Journal of Business Law, UT Law's business law journal, during the 2018-19 academic year.  I will try to remember to let folks know when that volume of Transactions is available.

This week, I am off to New York and Toronto for two additional conferences (in New York, the Impact Investing Legal Working Group (IILWG)/Grunin Center for Law and Social Entrepreneurship’s 2018 Conference on “Legal Issues in Social Entrepreneurship and Impact Investing–in the US and Beyond,” and in Toronto, the Law and Society Association Annual Meeting on "Law at the Crossroads: Le Droit à la Croisée des Chemins").  I am at the airport waiting for my first (delayed) flight as a type this.  I expect to be able to report out on both next week.

June 4, 2018 in Conferences, Corporate Finance, Joan Heminway, Marcia Narine Weldon, Teaching | Permalink | Comments (0)

Monday, May 28, 2018

Honoring our Fallen Military Heroes and Requesting Permanent Peace

image from www.publicdomainpictures.net

For many, Memorial Day is just another Monday holiday--a time to relax a bit more in a busy work season.  For some, the celebration of Memorial Day means sales and barbecues and community parades, fairs, and similar events.  (I linked to events in my home town, Garden City, NY, and the greater Long Island area.)  Many view Memorial Day as a time to commemorate all veterans, something we also do on Veterans Day in the fall.  (The linked article celebrates the work of some entrepreneurial veterans in the Knoxville community.)  

Many of these ways of celebrating Memorial Day involve reflection of some kind.  At its core, Memorial Day seems to encourage a particular kind of reflection--a moment to recall and honor those who have died for our country in the course of military service.  That general encouragement is consistent with, but not completely reflective of, the text of the federal law establishing the holiday, which expressly calls for the President to call us to united prayer* for permanent peace:

The President is requested to issue each year a proclamation—

(1) calling on the people of the United States to observe Memorial Day by praying, according to their individual religious faith, for permanent peace;
(2) designating a period of time on Memorial Day during which the people may unite in prayer for a permanent peace;
(3) calling on the people of the United States to unite in prayer at that time; and
(4) calling on the media to join in observing Memorial Day and the period of prayer.

Peace, of course, prevents the death of military servants that occurs in war time.  That is a worthy objective.  The President's proclamation for today can be found here.  He reminds us that "[t]he Congress, by Public Law 106-579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance."

Those who fight for our safety and freedom as members of the armed forces are special kinds of heroes.  Those who die in the act of that service sacrifice their own lives for ours.  That service and sacrifice is significant to me.  I plan to take a few moments out today--including the time I took to compose this post and also some time at 3:00 p.m.--to engage in reflection over what it means to spend and lose one's life in service to country and to ask for permanent peace.  I hope that you will, too.

__

* I take the position that, notwithstanding the reference in the text of the law to religious faith, one need not align oneself with a particular religious faith to pray for permanent peace.  Dictionary definitions note secular definitions of the word as well as religious ones, e.g., here and here.  (Of course, pleadings include prayers for relief, so we lawyers know and recognize that the term has a more general meaning.)

May 28, 2018 in Joan Heminway | Permalink | Comments (0)

Monday, May 21, 2018

Call for Papers: AALS Section on Transactional Law & Skills

Call for Papers

AALS Section on Transactional Law and Skills

Transactional Law and Finance: Challenges and Opportunities
for Teaching and Research

2019 AALS Annual Meeting

New Orleans, Louisiana

The AALS Section on Transactional Law and Skills is proud to announce a call for papers for its program, “Transactional Law and Finance: Challenges and Opportunities for Teaching and Research.” This session will examine the role of finance in business transactions from various perspectives with the goal of inspiring more deliberate consideration of finance in law school teaching and legal scholarship.From structured finance to real estate, from mergers & acquisitions to capital markets, finance plays an important and fundamental role in transactional law. The intersection of transactional law and finance is dynamic, providing academics, practitioners, and the judiciary with both challenges and opportunities. For example, financial product innovation and new funding sources for entrepreneurs continue to expand. Meanwhile, the significant growth in merger appraisal litigation has cast a new spotlight on the ability to critically analyze financial models (with a critical issue being whether a particular model is appropriate for expert use to determine fair value in appraisal proceedings). At the same time, activist investors are impacting company boards and the way in which companies do business. Although these are just a few examples, they demonstrate the breadth and significance of finance in transactional law.

The Section on Transactional Law and Skills invites submissions from any full-time faculty member of an AALS member school who has written an unpublished paper, is working on a paper, or who is interested in writing a paper on this topic to submit a 1 or 2-page proposal to the Chair of the Section by August 31, 2018. Papers accepted for publication as of August 31, 2018 that will not yet be published as of the 2019 meeting are also encouraged. The Executive Committee will review all submissions and select proposals for presentation as part of our AALS 2019 Section Meeting. Please note that presenters who are selected are responsible for paying their own annual meeting registration fees and travel expenses.

Please direct all submissions and questions to the Chair of the Section, Christina Sautter, at the following address:

Christina Sautter
Cynthia Felder Fayard Professor of Law
Byron R. Kantrow Professor of Law
Louisiana State University
Paul M. Hebert Law Center
Room 330
1 East Campus Drive
Baton Rouge, LA 70803

Email: csautter@lsu.edu

Tel: +1 225-578-1306

May 21, 2018 in Call for Papers, Conferences, Corporate Finance, Joan Heminway | Permalink | Comments (0)