Tuesday, November 29, 2016
When it comes to regulations and economic policy, I am quite conservative. Not a Republican-type conservative (probably more Libertarian in a political sense), but in the sense that I often advocate for less regulation, and even more often, for less changes to laws and regulations. People need to be able to count on a system and work within it. As such, whether it is related to securities law, energy and environmental law, or other areas of the law, I find myself advocating for staying the course rather than adding new laws and regulations.
For example, a while back, co-blogger Joan Heminway quoted one of my comments about securities law, where I noted "my ever-growing sense that maybe we should just take a break from tweaking securities laws and focus on enforcing rules and sniffing out fraud. A constantly changing securities regime is increasingly costly, complex, and potentially counterproductive."
After the BP oil blowout of the Deepwater Horizon well in the Gulf of Mexico, I similarly argued that we should approach new laws with caution, and that we might be better served with existing law, rather than seeking new laws and regulation in a hasty manner. I explained,
[T]here are times when new laws and regulations are necessary to handle new ways of perpetrating a fraud or to address new information about what was previously viewed as acceptable conduct. But often, new laws and regulations are not a reaction to new information or technology; they are a reaction to a unique and unfortunate set of facts that is more likely related to timing or circumstances than an emerging trend. Other times, it is a lack of enforcement of existing protections meaning the problem is not the law itself; it is the enforcement of the law that is the problem.
Choosing a Better Path: The Misguided Appeal of Increased Criminal Liability After Deepwater Horizon, 36 Wm. & Mary Envt'l L & Pol. Rev. 1, 19 (2011) (footnotes omitted). More recently, I have taken the same view with regard to hydraulic fracturing regulations:
There may well be a need for new regulations to improve oversight of hydraulic fracturing and other industries that pose environmental risks, but new regulations do not necessary lead to better oversight. . . . There is a strong argument that the problems related to hydraulic fracturing (and, for that matter, coal extraction, chemical storage, and hazardous waste operations) are more linked to a lack of enforcement and not a lack of regulation.
Facts, Fiction, and Perception in Hydraulic Fracturing: Illuminating Act 13 and Robinson Township v. Commonwealth of Pennsylvania, 116 W. Va. L. Rev. 819, 847 (2014).
I swear I have a point, beyond just quoting myself. Here it is: I'd like to urge the President-Elect and the 115th Congress to sit back and stay the course for a little bit to see where things are headed. I have a strong suspicion things are headed in the right direction from an economic perspective. This is not to suggest that there are not holes in the economy or people in desperate need of jobs, training, and education (there are -- I live in West Virginia. I know.). But with a White House and a Congress controlled by the same party, the GOP play should be simply: we're in charge now, and the economy is ready to move ahead.
We have already seen it -- the stock market is up and economic indicators look better. And there has been no new legislation or regulation (or repeals of either). It's just consumers believing the economy will get better. And consumer confidence is key to expansion. Who cares that it started before the election? What matters is whether we're going in the right direction. And it seems we are. The Financial Times reported today:
A gauge of US consumer sentiment has hit a post-recession high, painting a positive outlook ahead of the key holiday shopping season as recent data point to a strengthening US economy.
The Conference Board’s consumer confidence index climbed to 107.1 in November from 100.8 in October, the highest since July 2007 and above analysts’ forecast of 101.5.
Most of the survey was conducted before the presidential election on November 8. But “it appears from the small sample of post-election responses that consumers’ optimism was not impacted by the outcome,” said Lynn Franco, director of economic indicators at the Conference Board. “With the holiday season upon us, a more confident consumer should be welcome news for retailers.”
And, just to reinforce that is not a post-election position, I have been making this argument on this blog since at least 2010, when I wrote, How to Fix the "Broken" Financial System: Stop Trying to Fix It.
So, let's stay the course for a bit and see how people respond to a little stability. Let's see what a surge in consumer confidence can do for the U.S. and world economies. Let's make sure it's broken (and if so, how), before anyone tries to fix it. And maybe, in the meantime, we can spend a little time treating each other better.
Tuesday, November 22, 2016
Back in May, I discussed Donald Trump’s campaign dubious promises to bring back coal jobs to places like West Virginia and Kentucky. He promised (and continues to promise) that reduced regulation and elimination of the Clean Power Plan will bring back job. Voters in West Virginia bought the claim, and they believed it from incoming governor, Democrat Jim Justice, a billionaire coal magnate.
Trump and Justice spoke the other day, with the Governor-Elect saying in a statement:
“It’s an exciting day for West Virginia because we now have a pathway to the White House and a president-elect who is totally committed to putting our coal miners back to work. President-elect Trump made it clear that he won’t forget about West Virginia when it comes to our nation’s energy policies. I will work closely with the President-elect and his administration on clean coal technology, rolling back the job-killing EPA regulations on coal, and growing West Virginia’s other job opportunities.”
How this will work to improve coal jobs remains an open question. Trump has yet to announce his energy-related appointments, which will include the EPA, Department of Energy, and Department of Interior. His energy secretary short list (and possibly Interior) still includes Harold Hamm, CEO of the oil and gas company, Continental Resources. Forrest Lucas (of Lucas Oil) remains on the list, as well. So, how are oil and gas executives going to help coal? Well, by “rolling back the job-killing EPA regulations on coal,” of course. (Note: that is really an EPA issue, not a Department of Energy issue.)
The problem with this for coal country, as I have noted before, is that rolling back these regulations also has the effect of rolling back regulations that impact the natural gas industry, meaning that even as coal gets cheaper, so does natural gas.
Further, there is talk in the administration about opening up more federal lands to coal mining and oil and gas exploration. (This would be a Department of Interior action, not Energy.) This move, too, is curious, as it is hard to see how increased access to more supply is going to move up prices to support the struggling industries. A greater supply of oil or gas or coal will lead to even lower prices. Lower taxes and reduced regulations equals means a lower cost of exploration and production, which leads to more resources and lower prices.
Absent a commitment to increasing the cost of natural gas, coal is simply not going to compete. Natural gas burns cleaner than coal, is substantially more flexible, and despite criticisms of the process of hydraulic fracturing, it is environmentally preferable to coal mining. With oil and gas executives playing a large role in the new administration, there is no reason to expect coal will get a preference over natural gas. Perhaps renewable energy sources will be less attractive, though the prices of those sources continues to drop, and natural gas can actually work to facilitate those such energy sources. Recent reports suggest renewables and natural gas are the future. This does not bode well for coal.
Increased research on clean coal would have value. There are still millions of people around the world without access to electricity, and millions more getting power from old coal-fired plants that create health and environmental problems. But that research is not likely to change markets in the near term, and it is not likely to benefit U.S. coal miners as long as cheap natural as remains. And it is expected to remain.
Finally, reduced regulations may help move the energy sector forward more quickly, and it may help facilitate related businesses who use natural resources as a feedstock or energy-intensive processes. That remains to be seen. Any plan that does that, though, still likely leaves coal, and the people who work in the industry, behind. Just saying you will save coal jobs, doesn’t make it true. But apparently it does make some people feel better. I doubt that will last very long.
Tuesday, October 25, 2016
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 regulation of financial industries. Our school has a long history of distinction in these areas, and we are excited to advance our trajectory with this new hire. In addition to this subject area 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 tenure-track or tenured position beginning July 1, 2017, and we are particularly focused on lateral candidates. In all cases, candidates for the position must clearly demonstrate a record of excellence in teaching and scholarship. Appointment rank would be commensurate with the candidate’s qualifications and experience.
Washington and Lee University School of Law is an Equal Opportunity employer that adheres to a robust nondiscrimination policy. Our school has a firm commitment to enhancing the diversity of our faculty and, in that regard, we welcome candidates who are members of communities traditionally under-represented in the legal profession and academia.
Kindly direct applications and questions to the Chair of the Faculty Appointments Committee. Applicants should submit (by e-mail) a current cv, a statement of teaching interests / experience, a research agenda, and a letter of interest by email to:
Chair, Faculty Appointments Committee
Washington and Lee University, School of Law
Lexington VA 24450 USA
All inquiries will be treated with the strictest confidence and discretion.
Review of applications will begin immediately and continue until the position is filled.
Monday, October 24, 2016
The summer before I entered law school, I worked in the legal department of a major international business firm. I learned a lot. But I realized by the end of the summer that most of the interesting legal questions and matters that the business firm generated (requiring transactional and litigation work) were farmed out to a veritable stable of law firms that represented the business firm on a regular basis. I then determined (based on my very unscientific single-firm study) that in-house work was not for me. That was 1982.
Fast-forward 15-or-so years. By then, I had been working at a major international law firm for twelve years doing transactional work I enjoyed. A client asked me to interview for an open in-house position. I did. I was ready to focus my attention on one business and had a good relationship with the in-house lawyers at the client firm. Many friends had successfully moved to in-house jobs and were happy and well-adjusted in them (some after trying several to get the right fit). I was in line to get the job. But the client then determined to downsize and eliminated the open position.
Several years later, I resolved to pursue a different path. I decided to spend my second career teaching and writing about business law--a road well suited to me in many ways but less traveled by business law colleagues. This was a harder decision to reach in many ways. But I knew it was right, and in the end, I jumped in with two feet. In 2000, The University of Tennessee College of Law gave me that opportunity. The rest is a history that readers likely already know well.
What of the in-house road not taken?
Friday, October 21, 2016
Belmont University College of Law in Nashville, TN has posted a professor opening and the school's areas of interest include business law. My appointment is in Belmont's business school, but I also occasionally teach in the law school, and I could not recommend the school (or the city of Nashville) more highly. I have updated my business law professor openings post here and am happy to add other postings.
Belmont University College of Law, located in vibrant Nashville, Tennessee, invites applications from entry- to mid-level candidates for a tenure-track faculty position to begin in 2017-18. Our primary areas of recruiting focus include criminal law, business law, and health law.
Applicants should have an exemplary academic record and should demonstrate outstanding achievement or potential in scholarship and teaching. Our goal is to recruit dynamic, bright, and highly motivated individuals who are interested in making significant contributions to our law school and its students. Practice experience is preferred, and teaching experience is desirable. For more information about the College of Law, visit our website at www.belmont.edu/law.
Belmont University College of Law is an ABA accredited law school with approximately 300 students in the heart of Nashville, one of the fastest growing and most culturally rich cities in the country. In 2015, graduates of the College of Law had the highest bar passage rate in Tennessee, and the school continues to produce strong employment outcomes for its students. For more information about the College of Law, visit our website at www.belmont.edu/law.
Belmont University is a private, coeducational university in a quiet area convenient to downtown Nashville and adjacent to Music Row. It is the largest Christian-centered university in Tennessee and among the fastest growing in the nation. Among its student body of over 7,500 are students from nearly every state and more than 25 countries. In addition to seven baccalaureate degrees in over 50 areas of study, Belmont offers master’s degrees in Business Administration, Accountancy, English, Education (including Sports Administration), Music, Nursing and Occupational Therapy, and doctorates in Occupational Therapy, Physical Therapy, Pharmacy, and Law.
The successful candidate will also share the University’s values and support our mission and vision of promoting Christian values by example. To apply, please contact email@example.com.
A comprehensive, coeducational university, Belmont is a student-centered, teaching university focusing on academic excellence. The university is dedicated to providing students from diverse backgrounds an academically challenging education. Belmont is an EOE/AA employer under all applicable civil rights laws. Women and minorities are encouraged to apply.
Wednesday, October 12, 2016
Job posting from an e-mail I recently received:
The UNIVERSITY OF NEBRASKA COLLEGE OF LAW invites applications for
lateral candidates for a tenured faculty position to hold the Clayton K. Yeutter Chair at
the College of Law. This chaired faculty position will be one of four faculty members to
form the core of the newly-formed, interdisciplinary Clayton K. Yeutter Institute for
International Trade and Finance. The Institute also will include the Duane Acklie Chair at
the College of Business Associations, the Michael Yanney Chair at the College of
Agricultural Sciences, and the Haggart/Works Professorship for International Trade at the
College of Law. The Yeutter Chair, along with the other three professors, will be
expected to support the work and objectives and ensure the success of the Yeutter
Institute. The Yeutter Chair will teach courses at the College of Law, including
International Finance. Other courses may include Corporate Finance and/or other related
classes pertaining to issues arising in international business and finance. More on the
Yeutter Institute can be found at http://news.unl.edu/newsrooms/today/article/giftsestablish-
Minimum Required Qualifications: J.D Degree or Equivalent; Superior Academic
Record; Outstanding Record of Scholarship in International Finance and/or other areas
related to international business; and Receipt of Tenure at an Accredited Law School.
General information about the Law College is available at http://law.unl.edu/. Please fill
out the University application, which can be found at
https://employment.unl.edu/postings/51633, and upload a CV, a cover letter, and a list of
references. The University of Nebraska-Lincoln is committed to a pluralistic campus
community through affirmative action, equal opportunity, work-life balance, and dual
careers. See http://www.unl.edu/equity/notice-nondiscrimination. Review of applications
will begin on November 5, 2016 and continue until the position is filled. If you have
questions, please contact Associate Dean Eric Berger, Chair, Faculty Appointments
Committee, University of Nebraska College of Law, Lincoln, NE 68583-0902, or send an
email to firstname.lastname@example.org.
Thursday, October 6, 2016
Georgetown University Law Center – Graduate Teaching Fellowship, Social Enterprise & Nonprofit Law Clinic
Today, I received the position announcement below from my friend Alicia Plerhoples (Georgetown), who is doing exciting things in the social enterprise and nonprofit areas. This is an excellent opportunity, and I think anyone would be fortunate to work with her and her clinic.
Georgetown University Law Center –
Graduate Teaching Fellowship, Social Enterprise & Nonprofit Law Clinic
Description of the Clinic
The Social Enterprise & Nonprofit Law Clinic at Georgetown University Law Center offers pro bono corporate and transactional legal services to social enterprises, nonprofit organizations, and select small businesses headquartered in Washington, D.C. and working locally or internationally. Through the Clinic, law students learn to translate theory into practice by engaging in the supervised practice of law for educational credit. The Clinic’s goals are consistent with Georgetown University's long tradition of public service. The Clinic’s goals are to:
Teach law students the materials, expectations, strategies, and methods of transactional lawyering, as well as an appreciation for how transactional law can be used in the public interest.
Represent social enterprises and nonprofit organizations in corporate and transactional legal matters.
Facilitate the growth of social enterprise in the D.C. area.
The clinic’s local focus not only allows the Clinic to give back to the community it calls home, but also gives students an opportunity to explore and understand the challenges and strengths of the D.C. community beyond the Georgetown Law campus. As D.C. experiences increasing income inequality, it becomes increasingly important for the Clinic to provide legal assistance to organizations that serve and empower vulnerable D.C. communities. Students are taught how to become partners in enterprise for their clients with the understanding that innovative transactional lawyers understand both the legal and non-legal incentive structures that drive business organizations.
Description of Fellowship
The two-year fellowship is an ideal position for a transactional lawyer interested in developing teaching and supervisory abilities in a setting that emphasizes a dual commitment—clinical education of law students and transactional law employed in the public interest. The fellow will have several areas of responsibility, with an increasing role as the fellowship progresses. Over the course of the fellowship, the fellow will: (i) supervise students in representing nonprofit organizations and social enterprises on transactional, operational, and corporate governance matters, (ii) share responsibility for teaching seminar sessions, and (iii) share in the administrative and case handling responsibilities of the Clinic. Fellows also participate in a clinical pedagogy seminar and other activities designed to support an interest in clinical teaching and legal education. Successful completion of the fellowship results in the award of an L.L.M. in Advocacy from Georgetown University. The fellowship start date is August 1, 2017 and the fellowship is for two years, ending July 31, 2019.
Applicants must have at least 3 years of post J.D. legal experience. Preference will be given to applicants with experience in a transactional area of practice such as nonprofit law and tax, community economic development law, corporate law, intellectual property, real estate, and finance. Applicants with a strong commitment to economic justice are encouraged to apply. Applicants must be admitted or willing to be admitted to the District of Columbia Bar.
To apply, send a resume, an official or unofficial law school transcript, and a detailed letter of interest by December 15, 2016. The letter should be no longer than two pages and address a) why you are interested in this fellowship; b) what you can contribute to the Clinic; c) your experience with transactional matters and/or corporate law; and d) anything else that you consider pertinent. Please address your application to Professor Alicia Plerhoples, Georgetown Law, 600 New Jersey Ave., NW, Suite 434, Washington, D.C. 20001, and email it to email@example.com. Emailed applications are preferred. More information about the clinic can be found at www.socialenterprise-gulaw.org.
Teaching fellows receive an annual stipend of approximately $53,500 (estimated 2016 taxable salary), health and dental benefits, and all tuition and fees in the LL.M. program. As full-time students, teaching fellows qualify for deferment of their student loans. In addition, teaching fellows may be eligible for loan repayment assistance from their law schools.
Monday, September 12, 2016
Interesting research has been done on overconfidence in business leadership (see, e.g., here, here, and here) and political behavior (see, e.g., here and here). I periodically consult the literature in this area for use in my work. It is fascinating and often helpful.
In my continuing career development advice to law students, and as a member of our faculty appointments committee at UT Law this year, however, I recently have come to notice and be concerned about overconfidence in job searches. Specifically, I see law students who, in testing out a new confidence in their knowledge and skills, overdo it a bit and over-claim or come across as unduly self-important. I also see faculty candidates who have registered for the Association of American Law Schools Faculty Appointments Register (FAR) puff and oversell--using the comment areas to make cringe-worthy self-aggrandizing statements about their teaching or scholarly background or abilities.
Most of us prefer to associate with confident people. Confidence in a leader or colleague is an attractive trait--one that we associate with strong governance and high levels of performance. Confidence wins appointments, elections, and jobs. Yet overconfidence, if recognized, is unattractive and often means lost opportunities.
Overconfidence is common. Don Moore, a faculty member at Berkeley's Haas School of Business, notes this in a recent blog post on Overconfidence in Politics.
I study overconfidence among all sorts of people, from business leaders and politicians to college students and office workers. And my research shows that most people are vulnerable to overconfidence. We are excessively confident that we know the truth and have correctly seen the right path forward to prosperity, economic growth and moral standing. Research results consistently show that people express far more faith in the quality of their judgment than it actually warrants. . . .
How do those of us who advise law students enable them to be confident and show confidence without becoming overconfident--or projecting overconfidence? In his post on résumés and interviews two years ago, co-blogger Haskell Murray advised students to avoid overstating their accomplishments.
Lawyers, perhaps more than other professionals, will call you out on any overstated items on your resume. While I have met plenty of arrogant lawyers, and perhaps was one, arrogance isn’t going to win you many supporters in the interview. Avoid vague self-congratulations (e.g., “provided excellent customer service.”). Stick to the specific, verifiable facts (e.g., “voted employee of the month in April 2012” or “responsible for a 35% increase in revenue from my clients.”).
I totally agree. I also made a related point regarding the written word in my post on cover letters back in January.
. . . I see a significant number of cover letters that use strident adjectives and adverbs to help make their points. The sentences in these letters tend to smack of over-claiming. Also, in many cases, these adjectives and adverbs represent poor substitutes for well-chosen . . . stories. Most employers are likely to be more favorably disposed to the documentation of specific facts substantiating an applicant's suitability for an open position than they would be to sentences consisting of self-selected (and sometimes over-blown) characterizations of the applicant's suitability for that position.
But I have learned that the line between confidence and overconfidence, as important as it is in the job search process, can be a thin one. And decisions about how to confidently--but not overconfidently--communicate with contacts, mentors, and prospective employers (among others) often must be made on one's own and quickly. So, my bottom line advice to students is to focus generally in all communications, oral and written, on being other-regarding. This article written by a Forbes Contributor makes some great observations and offers tips along those lines. And if you can ask a trusted mentor to help you prepare for common questions or review the text of emails or letters, that's great.
What else? You tell me. I am not confident that I know more . . . . :>)
Saturday, September 10, 2016
Harvard Negotiation & Mediation Clinical Program is looking to fill two clinical instructor positions (one with a focus on facilitation and political dialogue) for July 2017.
Details about the positions are available here.
Friday, September 9, 2016
As many of you already know, I regularly advise students (as so many of us do) on career planning and job searches. This advice extends to communications in connection with career planning and job searches. And I have blogged about all this. I have posted in the past, for example, on networking letters (my post is here) and cover letters, for example (my most recent post is here).
Yesterday, I got an email message from a student with a great question related to all this. Here is the question: "What would you recommend as the subject line of an email to a contact you have been referred to by someone else?" Nice. Here's what I ended up writing back, in pertinent part.
. . . Email titles are tricky.
The first thing I would do is ask if the person making the connection can e-introduce you with an email message and copy you in. I have done that many times. My script usually goes something like this:
[X], e-meet [Y]. As I explained to you earlier today, [Y] is the [title & affiliation].
[Y], [X] is a [year] at UT Law who is considering [career goal]. [X] is especially interested in working with [specific practice interest]. S/he has M/W/F time free in her/his academic schedule this fall, and she/he would love to find a targeted internship involving all or part of that time. I thought you might be able to help me identify opportunities for [X}. So, I offered to introduce you to each other by email in the hopes that you could help [X] find something suitable.
[Y], I know that you are always busy. If this request is unduly burdensome, I fully understand. Just let us know. But if you have a little bit of time to make some suggestions to me and [X] on this, I hope that you will do so.
Best to all,
If that doesn't work, we're back to you sending the email on your own. You may want to ask the person who gave you the connection if it's OK to copy him or her on the message you send, btw. I think that adds credibility and can have other advantages, too.
As with many things, the answer to your question about recommended email subject lines is "it depends." More specifically, it depends on the precise content, the context, and your style. Sometimes, and this is consistent with my style, I will entitle an email like this--one to a stranger with whom I have some affinity--by referring to this affinity relationship in some way. So, if the person is, e.g., an alum of UT Law, I might entitle the message: "Greetings from the UT College of Law." If the only affinity is the mutual friendship, a similar approach might lead to a title like: "E-introduction with Regards from Joan Heminway."
Do those kinds of suggestions resonate with you? Let me know. We can consider this the start of a conversation . . . .
I am not wholly satisfied with this response. The first suggested subject line may be too generic (even though I have used it in the past) and the second sounds a bit formal for most students. Maybe the second one is better cast this way: "E-introduction (and Warm Regards from Joan Heminway)." At any rate, your ideas are most welcomed. As I noted in my response to the student, I think this is an ongoing conversation . . . .
Thursday, September 8, 2016
I recently received the following information regarding two positions at The Harvard Law School Program on Corporate Governance. Many readers, I assume, will be familiar with their co-sponsored excellent blog, The Harvard Law School Forum on Corporate Governance and Financial Regulation.
The Harvard Law School Program on Corporate Governance invites applications for the position of Executive Director. Together with the Faculty Director and others, the Executive Director of the Program works on building, developing, and managing the full range of activities of the Program. Under the Faculty Director’s oversight, the Executive Director manages the wide range of the Program’s operations; collaborates with major corporations, law firms, investors, advisers, and other organizations; participates in developing and directing conferences and other events for the Program; and manages the administration and personnel of the program, including fellows, research assistants, and staff. The Executive Director also collaborates with constituent groups and other professionals; participates in fundraising activities; interacts with donors and visitors; and takes on other management roles within the Program as needed. The Executive Director is involved in overseeing the Program’s website and other media outreach efforts, as well as the Program’s blog, the Harvard Law School Forum on Corporate Governance and Financial Regulation.
Applications will be considered on a rolling basis. Candidates should have a J.D. or another graduate degree in law, policy, or social science, and 3+ years of experience in a relevant field of law or policy. This is a full-time term appointment.Start date is flexible. Additional information on the Executive Director position, as well as detailed instructions on how to apply, is available through ASPIRE.
The Harvard Law School Program on Corporate Governance invites applications for Post-Graduate Academic Fellows. Candidates should be interested in spending two or three years at Harvard Law School in preparation for a career in academia or policy research, and should have a J.D., LL.M. or S.J.D. from a U.S. law school (or expect to have completed most of the requirements for such a degree by the time they commence their fellowship). During the term of their appointment, Post-Graduate Academic Fellows work on research and corporate governance activities of the Program, depending on their interests and Program needs. Fellows may also work on their own research and publishing, and some former Fellows of the Program now teach in leading law schools in the U.S. and abroad.
Applications are considered on a rolling basis. Interested candidates should submit a CV, list of references, law school grades, and a writing sample and cover letter to the coordinator of the Program, Ms. Jordan Figueroa, firstname.lastname@example.org. The cover letter should describe the candidate’s experience, reasons for seeking the position, career plans, and the kinds of Program projects and activities in which they would like to be involved. The position includes Harvard University benefits and a competitive fellowship salary. Start date is flexible.
Wednesday, August 24, 2016
Increasing business demands are prompting companies to expand into new products and markets. Businesses also are engaging in mergers, acquisitions and joint ventures; issuing securities; and performing other transactions associated with business growth, which results in larger corporate teams. Many companies have a need for additional in-house legal professionals who are readily available to help manage mounting financial and industry-related regulations. Moreover, corporate legal departments often prefer to handle more routine legal work in-house and retain the services of outside counsel for specialized legal work.
Real estate, IP, health care and compliance were also mentioned along with the noted strong growth in litigation. The full report/study is available here: Download Legal_2016_job_salary_guide.
Monday, August 15, 2016
As many of you know, I often like to post on issues relating to advising students (witness my cover letter posts, the most recent of which can be found here). I also like to post from time to time on issues relating to fashion and the law (e.g., this post). And sometimes, I fuse the two in a single post. This post is one of those fusion posts.
Many of us intuitively understand that clothing affects not only the perceptions others have of us but also the perceptions we have of ourselves. Some of us may even have done research to unearth evidence that these intuitions have some empirical traction. But can what you wear affect your performance? Research provides some evidence that it can.
Researchers at Northwestern University have identified a "systematic influence that clothes have on the wearer's psychological processes" that they term "unclothed cognition." Their research, published in the Journal of Experimental Social Psychology in 2012, found that the attentiveness of the subjects was higher when wearing a lab coat than it was when they were not wearing a lab coat or were wearing a lab coat described as a painter's coat. The research was fairly widely reported at the time. Although the study explored the effects of wearing a lab coat, one can see how the results may also hold for people wearing other performance-linked clothing, like athletic wear or other professional clothing, including business suits. (A subsequent study on the cognitive effects of business suits can be found here. More general commentary is available here and elsewhere.)
Admittedly, the results of these studies and others like them are qualified and the research in this field is at an early stage. Having said that, as our students start interviewing for jobs and engaging in clinical practice and other experiential learning in the new semester, the possible effect of clothing on performance may be a relevant footnote for them. I admit that I am not a fan of dress codes, as a general rule. However, I may mention these studies to my students so that they can use the information in their decision-making, if they so choose.
Wednesday, August 10, 2016
From an e-mail I received:
The University of Richmond School of Law seeks to fill two entry-level tenure-track positions for the 2017-2018 academic year, including one in corporate/transactional law. Candidates should have outstanding academic credentials and show superb promise for top-notch scholarship and teaching. The University of Richmond, an equal opportunity employer, is committed to developing a diverse workforce and student body and to supporting an inclusive campus community. Applications from candidates who will contribute to these goals are strongly encouraged.
Inquiries and requests for additional information may be directed to Professor Jessica Erickson, Chair of Faculty Appointments, at email@example.com.
Tuesday, August 9, 2016
Do you value diversity? At California Western School of Law, we pride ourselves on the diversity of our student body. This year, around 50% of our incoming students are from diverse cultural and ethnic backgrounds. We are committed to having a faculty that reflects our student body and our community.
Do you want to influence legal education at an established but innovative law school? California Western recently celebrated its 90th anniversary - but we have never been stale or ordinary. We were on the forefront of innovative, experiential education three decades ago. As a result, our graduates have a reputation for being uniquely practice-ready. California Western continues to rethink the status quo in legal education – balancing a rigorous practical education with cutting edge scholarship and community service.
Who are you? We are seeking candidates with an entrepreneurial spirit who are eager to put their own stamp on a law school with an expanding faculty and many growth opportunities.
What do you want to teach? We can prioritize your teaching preferences regardless of subject matter.
Where do you want to live? California Western is in downtown San Diego, California, literally overlooking the Pacific Ocean. A city of breathtaking beauty, we have perfect weather, miles of beaches, and nearby mountains. We are a family-friendly, diverse city with small city traffic and walkable neighborhoods.
If you are excited about teaching a diverse student body, shaping the next iteration of an innovative and successful law school, and living in “America’s Finest City,” we want to hear from you.
Candidates should email their materials by September 30, 2016 to Professor Ken Klein at firstname.lastname@example.org. Candidates are encouraged to submit a statement to our Appointments Committee addressing how they can contribute to the goal of creating a diverse faculty.
Monday, August 1, 2016
The University of Nebraska College of Law is hiring, and business law is one of their areas of interest. See the ad below:
The UNIVERSITY OF NEBRASKA COLLEGE OF LAW invites applications for entry-level and lateral
candidates for one or more tenure-track or tenured faculty positions. Our needs include courses related
• Business Law (e.g., Business Associations; Corporate Finance, Corporate Governance, Insurance Law,
Bankruptcy, Corporate Restructuring, Nonprofit Organizations, Risk Management / Compliance, or White
• Criminal Law (e.g., Federal Criminal Law or White Collar Crime, Criminal Procedure 2, Post-Conviction
Remedies, or Criminal Sentencing);
• Health Care (e.g., Federal Regulation of Health Care Providers, Health Care Finance, Torts,
Administrative Law, Medical Malpractice, Privacy Law, Law and Medicine, Public Health Law, Bioethics
and the Law, and the Law of Provider and Patient);
• Litigation Skills and Related Courses (e.g., Trial Advocacy, Civil Rights Litigation, Pretrial Litigation or
other litigation skills courses, Conflicts of Laws);
• Family Law;
• Education Law; and
• Election Law.
Minimum Required Qualifications: J.D Degree or Equivalent, Superior Academic Record, Demonstrated
Interest in Relevant Substantive Areas. Title of Asst/Assoc/or Full Professor will be based on
qualifications of applicant. Please fill out the University application, which can be found at
http://employment.unl.edu/postings/50660, and upload a CV, a cover letter, and a list of references.
General information about the Law College is available at http://law.unl.edu/. The University of Nebraska-
Lincoln is committed to a pluralistic campus community through affirmative action, equal opportunity,
work-life balance, and dual careers. See http://www.unl.edu/equity/notice-nondiscrimination Review of
applications will begin on August 25, 2016 and will continue until the position is filled. If you have
questions, please contact Associate Dean Eric Berger, Chair, Faculty Appointments Committee,
University of Nebraska College of Law, Lincoln, NE 68583-0902, or send an email to
Friday, July 29, 2016
As in past years, I will maintain lists of law professor openings in the business areas (excluding commercial law-only posts) and legal studies professor openings outside of law schools. If your school has an opening that you would like posted, feel free to contact me.
The law professor openings list uses the PrawfsBlawg spreadsheet, if an alternate link is not provided. Positions added after today will include the date added.
Law School Professor Positions (Business Law Areas)
- Belmont University (10/21/16)
- Bridgewater State University (12/2/16)
- Boston University
- California Western (8/10/16)
- Pace University
- Suffolk University (IP & Entrepreneurship Clinic) (8/18/16)
- University of Alabama (8/18/16)
- University of California, Berkeley (8/10/16)
- University of California, Hastings
- University of Florida (9/1/16)
- University of Georgia
- University of Nebraska
- University of Nebraska (Chair, International Trade & Finance (10/12/16)
- University of Nevada, Las Vegas
- University of Richmond
- University of Tennessee
- Villanova University (12/2/16)
- Washington University, St. Louis (Law & Economics)
- William & Mary (8/18/16)
Legal Studies Professor Positions (Outside of Law Schools, Mostly in Business Schools)
- Bentley University
- Bridgewater State University (10/12/16)
- Bryant University
- Duquesne University (VAP or instructor)
- Georgia Southern University (8/18/16)
- Indiana University, Kelley School of Business
- Ithaca College
- Marist College
- Palomar College (11/1/16)
- Peirce College (10/26/16)
- Penn State University (clinical) (11/28/16)
- Pepperdine University
- Texas State University (8/10/16)
- University of Pennsylvania, The Wharton School (Business Ethics)
- University of Wisconsin, Whitewater (lecturer)
- University of Wisconsin, Whitewater (tenure-track) (10/12/16)
- Western Michigan University
- Xavier University (10/12/16)
Friday, July 22, 2016
Following on Joan's excellent post about networking letters, I wanted to share a few words about thank you letters.
- Level 1 — Email saying thanks for the time and insight.
- Level 2 — Level 1 + this is how your insight impacted my life.
- Level 3 — Handwritten thank you note.
- Level 4 — Level 3 + a small gift.
This seems right, and Kyle's entire post is well worth reading at the link above.
A mere thank you e-mail usually isn't worth much, but it is better than nothing (unless the thank you is typo-riddled, and then it might be worse than nothing). The e-mail is worth more if the author recounts meaningful specifics from your conversation or picks up on a way that he/she might be of assistance.
The handwritten note has made a comeback after interviews, but I don't think it has had the same resurgence after networking/advice meetings. This is a shame because generally the interviewer is just doing his or her job, while the person who is honoring your networking/advice request is usually the one bestowing a true gift. Due to the relative rarity, I think handwritten notes are even more appreciated after a networking/advice meeting than after an interview. For handwritten notes, I think it is worth investing in personalized stationery and trying to remember to send the notes right away so that the delay is not elongated.
As to small gifts, those obviously would not be appropriate after an interview, but might be a really nice touch after a networking/advice meeting. If any readers have good thoughts on appropriate small gifts, please share in the comments or over email. I have always had a hard time thinking of these kinds of gifts. Wine seems like a common choice, but it could be risky unless you know the person drinks alcohol.
Finally, this recent article in the Harvard Business Review entitled Stop Making Gratitude All About You struck a chord. The author suggests praising the recipient rather than just describing how the recipient benefited you or made you felt. Of course, praise should be sincere and can be overdone, but I think the author is onto something.
Tuesday, July 19, 2016
David Zaring, who is a professor at Wharton, has the details over at the Conglomerate.
Wharton is open to JD-only, PHD-only, or JD/PHD candidates for this position.
Applications can be submitted here and the application deadline is November 1, 2016.