Thursday, September 11, 2014
Two recent professor postings that may be of interest to our readers:
Campbell University School of Law (Raleigh, NC) has posted a law professor opening (commercial law).
University of Wyoming College of Law (Laramie, WY) has posted a law professor opening (business law).
Tuesday, September 9, 2014
This experience has been rather remarkable, and I'm only two days in to the trip. We covered a lot of miles today, and not all of it was related to the oil and gas business. I started the day with a run, at a misty 43 degrees, after a high of 85 yesterday. This is not relevant, other than to saw I was a bit cold this morning.
Target Logistics Dunn County Lodge
A few visits of interest today: First: Target Logistics Dunn County Lodge, which is a crew camp site. These are often know as "man camps." They prefer "workforce housing." I'll stick with crew camps.
It was was an impressive site for quickly built housing. The facility provides housing that does not take away from the local community, and deals with parking, water, and utility issues, as well as other resource issues. The site has about 600 beds, and costs about $8-$10 million to build. They plan about a 20-month payoff for the build, which they met. Impressive.
Prices are geared to be market competitive. The average is about $120 per night, which includes all food and utilities, though companies negotiate their own deals. The people who work in the area tend to be transient -- two weeks on two weeks off. People who do hydraulic fracturing tend to do two weeks on, on week off. Construction people do four weeks on, two weeks off. The people who service the facility (and are also not locals, because the market is tight) work six weeks on two weeks off, and they pay their own travel.
There are mostly men on the site, but women are there. They have their own rooms or share rooms with other women with a "jill and jill" bathroom share. People generally work within 45 miles or they find other facilities. The site is zero tolerance -- no alcohol, no firearms, no visitors. The have on-site workout facilities, laundry, and food service. It's clean, well organized, and safe. It's the Cadillac of temporary housing. And I'd try very hard not to ever, ever live there. While I admit, it's better than some of my college housing, it lacks the sense of free will I had then.
Bakken Oil Express
Next was a trip to Bakken Oil Express, an oil shipping facility. It was impressive in its organization and its operation. It was big, with oil tanks, a rail yard, and lots of trucks. Oil there moves by unit train, which is 104 cars. The site has several tanks, and they can store 640k gallons of oil. Tanks are generally 90k or 105k gallons. An average truck brings 225 barrels of oil. It takes 17 to 18 hours to load a train, and the site loads about 1.5 trains per day. That is about 685 gallons per car.
A diesel refinery is supposed to come on line on the site to serve the region, which is expected in December. The site has about 75 employees, with salaries at $27/hour and up.
The site is working to upgrade safety, including fire suppression, which it doesn't have now. They are building foaming pipes to help if they have a problem. Right now, the plan in case of fire is to ship out what's possible, and let it burn out.
Theodore Roosevelt National Park
This is a park you should see. I think I'd say that of all national parks, but I love this one. The park is facing several challenges. This includes protecting the "sound scape and sense of solitude," that made Teddy Roosevelt love the place so much. This is a challenge for a park that has major highways running through it and major mineral operations being sought in the nearby land parcels.
The park has done well working with companies, who have responded well to requests to keep noise and other issues away from the park when issues have been raised. Bakken flaring (or natural gas) has been an issue, too, and the park is working to preserve the night sky. The area has had (and continues to have ) amazing view of the stars and the night sky, and flaring can cause haze and horizon light that makes the sky less amazing. They are working on it.
There is no drilling in the park, but drilling near has impacts, too. So far, industry, the park, and the community have done well to minimize impacts.
Tomorrow, we visit more communities, which are widely known to have had even larger impacts than what I have seen so far. The oil boom has been good for the region in many ways, but it's been hard, too. We're about to get a sense of how hard.
Monday, September 8, 2014
Today marked the first day of several meeting with people from North Dakota to discuss the oil boom and how it has impacted the state. I lived in the state, and I loved it, so I think I am a little more connected than many to what's happened here. That said, I lived on the other side of the state from the oil boom, and I only spent five (largely great) years in North Dakota, so while I'm informed, I have hardly "lived the boom." I've just been watching and trying to pay attention.
A few things I was told tonight struck me as significant:
1. Housing costs are still a huge issue. Building a new house in Dickinson can run upwards of $250 per square foot. A one-bedroom apartment can easily run $1300.
2. In 1997, there were 698 hotel rooms in the city, largely for tourism jumping off for the North Dakota Badlands. By 2004, that number was 754. As of 2013, that number has increased to 1632. (The number is true of 2014, too.)
3. In 2005, the average daily rate for a hotel room was $53.96
By 2008: $68.95
2013: $112.37 (280 rooms were added in 2013).
This does not likely mean that things are slowing down, thought perhaps they are stabilizing. More permanent housing has also been going up at a significant rate, so the increased number of hotel rooms, combined with those leaving the temporary housing market, likely explains the (relatively) modest decrease in average daily rate.
4. Traffic and road maintenance remain a big concern. One person I met tonight said he'd had a paved road to his house for years, until the oil boom came, and it's now back to being a gravel road.
5. I learned the term "Bakken charge," which I'm told refers to the premium one pays for goods and services in this region. Examples given include $5 Little Caesar's Pizzas, which are $5.99 here (or 20% more) and flyers from big box stores with 20% ot 40% higher prices than the same flyers in other markets.
6. The idea of community action is less of a focus here than in other areas, like what we've seen in some spots in West Virginia. It's not that people don't care, but they don't necessarily participate in community actions. Once can opine on the reasons why, and I have my guesses, but as a lawyer, I'll stick to reporting what I've been told on this one: if you want support, you need to go to the people where they are. (That seems like sound advice anywhere.)
7. All those people asking for minimun wage at fast-food restaurants across the country "are really just asking to be paid like the they live in Dickinson, ND."
8. A major biggest employment challenge is finding people "who can pass a drug test. Some employers say when that when potential applicants are asked that question, 'half the people just turn and walk out.""
I learned a lot more than this after a good conversation with interesting people, but I'll leave it here for tonight.
I'm currently flying at about 30,000 feet on my way to Dickinson, North Dakota. Regular readers know I do much of my research in the energy sector and that the impacts of horizontal drilling and hydraulic fracturing have had on the local, regional, national, and global economies are an interest of mine. This trip marks my first return to North Dakota since I left the University of North Dakota School of Law in the summer of 2012, and it will be my most extended trip to the Bakken oil patch in the western part of the state.
I have the benefit of traveling with a group from West Virginia University, and we're gathering information for a variety of applications, all of which I hope will help us plan for a more sustainable economic and environmentally viable energy future. The trip is scheduled to include meetings with government officials (state and local), industry representatives, landowners, farmers, educators, and others. I'm looking forward to this rare opportunity to hear so many different perspectives from people living in the heart of the U.S. oil boom.
Over the last few years, I have written about the challenges and opportunities related to the shale oil and gas reserves made available through horizontal drilling and hydraulic fracturing, with a focus on the economic, environmental, and social impacts. I'm curious to see how my earlier assessments stack up with new information regarding the current situation. Throughout the week, I plan to write about things I learn, provide some updates about what's happening, and maybe share some thoughts about what's next from the business, legal, and regulatory perspectives. Follow me on Twitter, too, @jfershee for (hopefully) in-the-moment updates.
Stay tuned for more to come, and for those interested, here are some of my recent pieces on the subject:
- North Dakota Expertise: A Chance to Lead in Economically and Environmentally Sustainable Hydraulic Fracturing, 87 North Dakota Law Review 485 (2011) (invited) (symposium issue)
- The Oil and Gas Evolution: Learning from the Hydraulic Fracturing Experiences in North Dakota and West Virginia, 19 Texas Wesleyan Law Review 23 (2012) (invited) (symposium issue)
- Facts, Fiction, and Perception in Hydraulic Fracturing: Illuminating Act 13 and Robinson Township v. Commonwealth of Pennsylvania, 116 W. Va. L.Rev. 819 (2014) (invited)
Friday, August 29, 2014
CALIFORNIA WESTERN SCHOOL OF LAW in San Diego invites applications for an entry-level, tenure-track faculty position to begin in the fall of 2015. Our curricular needs are in Family Law, Business Law, and Clinical Teaching. We are particularly, though not exclusively, interested in candidates who are interested in teaching in our Clinical Internship Program, as well as in one of the above-mentioned subject areas. Candidates who would contribute to the diversity of our faculty are strongly encouraged to apply. Interested candidates should email their materials to Professor Scott Ehrlich, Chair of the Faculty Appointments Committee, at email@example.com. California Western is San Diego’s oldest law school. We are an independent, ABA-approved, not-for-profit law school committed to producing practice-ready lawyers. California Western is an equal opportunity employer.
Thursday, August 28, 2014
Given that I haven’t seen anything similar for legal studies positions in business schools, I decided to aggregate the position posts that I have seen below. I will update the list with business school legal studies positions that are left in the comments or e-mailed to me. I am limiting the list to long-term and full-time (not visiting or adjunct) positions, and, if the information is provided, I will note whether the position is tenure-track or not.
Last Updated 9/13/14
The Boston University School of Management invites applications for a full-time, non-tenure-track Clinical Professor in Ethics, effective July 1, 2015. We seek to appoint a senior faculty member who possesses an international reputation in business ethics. Applicants are welcome from business academic disciplines including: accounting, organizational behavior, finance, business law, information systems, marketing, strategy and strategic management, and operations management. The position will be housed in a department within the School based upon the successful candidate's discipline.
Successful candidates will have an established record of teaching and writing in the area of ethics that may include any business discipline; demonstrated teaching abilities at the graduate level; and a terminal degree in business, management, or related areas.
DO NOT APPLY THROUGH THE BOSTON UNIVERSITY HR WEBSITE.
We are an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability status, protected veteran status, or any other characteristic protected by law. We are a VEVRAA Federal Contractor.
Interested candidates should electronically submit a letter of application and curriculum vita by November 15, 2014 via firstname.lastname@example.org and addressed to:
Professor Karen Golden-Biddle, Chair
Globalization Search Committee
Boston University School of Management
595 Commonwealth Avenue
Boston, MA 02215
Monday, August 11, 2014
Saturday, August 9, 2014
Tuesday, July 29, 2014
This week, two of my co-bloggers shared some great insights on the revamped American Apparel board of directors. See Marcia Narine quoted in The Guardian article American Apparel adds its first woman to revamped board of directors; Joan Heminway, American Apparel 1, NFL 0. For those not following the American Apparel saga, the New York Times recently reported:
The founder and chief executive of American Apparel, Dov Charney, was fired this week because an internal investigation found that he had misused company money and had allowed an employee to post naked photographs of a former female employee who had sued him, according to a person with knowledge of the investigation.
Beyond the public relations problems surrounding Charney’s departure, American Apparel is struggling financially as sales have dropped dramatically. As an initial step in trying start a turnaround, the company announced four new board members, including the company’s first female director, Colleen Birdnow Brown, former chief executive of Fisher Communications.
When I opened the Guardian article quoting Marcia, I had another article open in the tab next to it from the Washington Post’s On Leadership section: For women and minorities, advocating for diversity has a downside. That article explained:
In corporate America, diversity is about as controversial as motherhood and apple pie. CEOs love to tout the number of women in their upper ranks. Human resource departments like to trumpet their diversity programs in glossy reports.
But a new study finds that for female and minority executives, being seen as an advocate for diversity could actually have a downside. The researchers behind the study, which will be presented at the Academy of Management's annual conference in early August, found that women and minorities who were rated by their peers as being good at managing diverse groups or respecting gender or racial differences also tended to get lower performance ratings. That's because they may be viewed as "selfishly advancing the social standing of their own low-status demographic groups," the researchers write, a no-no when it comes to rating good managers.
Please click below to read more.
Monday, July 28, 2014
Sunday, July 27, 2014
Last year, when many law schools made no new hires, Alabama was one of the most active law schools on the market. Alabama hired a new dean and five new faculty members. It appears that Alabama is looking to hire again this year.
The University of Alabama School of Law is seeking applications from entry level or lateral candidates. They will accept applications from applicants in all subject areas, but have a particular interest in applicants that research and teach in one or more of the following areas:
business law (including enterprise, finance, and/or securities); administrative regulation (including the regulatory state and/or regulated industries or activities); intellectual property (specifically trademark and copyright); and criminal law (including substantive criminal law and/or criminal procedure).
(Emphasis added, for the benefit of our business law readers.)
More information is available here.
Tuesday, July 22, 2014
The Wharton School at University of Pennsylvania has posted a legal studies and business ethics professor opening. As you may suspect, Wharton has an extremely strong legal studies faculty. More information from the announcement is quoted below.
The Wharton School at the University of Pennsylvania invites applications for tenured and tenure-track positions in its Department of Legal Studies and Business Ethics. The Department has eighteen full-time faculty who teach a wide variety of business-oriented courses in law and ethics in the undergraduate, MBA, and Ph.D. programs and whose research is regularly published in leading journals. The Wharton School has one of the largest and best-published business school faculties in the world. In addition, the school has a global reach and perspective, as well as an interdisciplinary approach to business issues (embracing ten academic departments and over twenty research centers).
Applicants must have either a Ph.D., J.D., or both, from an accredited institution (an expected completion date no later than July 1, 2016 is acceptable) and a demonstrated commitment to scholarship in business ethics, business law, or a combination of the two fields. Specific areas of potential focus for hiring include corporate governance, normative ethics related to business, social impact/sustainability, securities regulation, and health law/bioethics. The appointment is expected to begin July 1, 2015.
Please submit electronically your letter of introduction, c.v., and one selected article or writing sample in PDF format via the following website by November 1, 2014: APPLY. Some decisions for interviews will be made before the deadline, so candidates are encouraged to apply early.
The University of Pennsylvania is an equal opportunity employer. Minorities, women, individuals with disabilities, protected veterans are encouraged to apply.
Wednesday, July 16, 2014
I recently received notice of a legal studies position opening at Texas A&M University-Central Texas. Their needs include a professor who can teach the general business law course (legal environment), as well as employment and labor law courses.
More information, from the school, is available after the break.
Below is the information that I received this morning regarding a one-year Visiting Distinguished Service Faculty in Business Law position at the Opus College of Business at the University of St. Thomas (MN). In April, I spoke at a social enterprise conference at the school and was quite impressed with the facilities, faculty members, and students.
The Department of Ethics & Business Law in the Opus College of Business at the University of St. Thomas has an opening for a one-year position as a Visiting Distinguished Service Faculty in Business Law, for the 2014-15 academic year. This position will involve teaching three courses (including International Business Law) each semester. To apply (and for more information about this position), visit this site: https://facultyemployment-stthomas.icims.com/jobs/1252/visiting-distinguished-service-faculty-in-business-law/job, and submit an online application (two letters of recommendation to be sent separately). Additional questions can be directed to the search committee chair, Dale Thompson (email@example.com).
Friday, July 11, 2014
Troy University (in Troy, AL) has posted notice of a legal studies professor opening. (Confusingly, the heading of the posts says "assistant/associate professor" and the body of the post says "full-time, tenure-track," but the body of the post also says that the position is for a "lecturer.")
More information at the link above or after the break.
Wednesday, July 2, 2014
Screening of applications begins September 15, 2014.
Applications can be sent to firstname.lastname@example.org or
Department of Business Law or College of Business Administration and Economics
California State University Northridge
Northridge, CA 91330-8375
More information here.
Tuesday, June 24, 2014
The WVU College of Law's Center for Energy and Sustainable Development is seeking a fellow for 2014-16, and the details are below. As I have written before, the Future of Business is the Future of Energy. Just today, the New York Times Dealbook has an article, Norway’s Sovereign Wealth Fund Ramps Up Investment Plans, which notes:
Norway’s giant sovereign wealth fund said on Tuesday that it would manage its $884 billion portfolio more aggressively over the next three years, taking larger stakes in companies and increasing its real estate portfolio.
. . . .
The fund’s investments have grown increasingly sophisticated under Yngve Slyngstad, the chief executive of Norges Bank Investment Management, who came to the fund in 1998 to build an equity portfolio and became C.E.O. in 2008. Since the end of 2007, equities have increased as a percentage of the portfolio to about 61 percent from 42 percent.
Mr. Slyngstad has also diversified the holdings into smaller companies and into emerging markets, but the stock investments remain concentrated in Europe and North America. The fund’s largest equity holdings are all companies based in Europe, including Nestlé, Novartis, HSBC Holdings, the Vodafone Groupand Royal Dutch Shell.
The fund has been under pressure from environmental groups and some political parties in Norway to shed investments in oil and natural gas and coal companies and to increase its green investments. The government has so far largely resisted. It created a panel of experts this year to study the issue.
Understanding the interplay between energy, finance, and the environment is becoming more and more critical to businesses (and their lawyers). Please share this opportunity with anyone you know who might have an interest in exploring this area.
ENERGY AND SUSTAINABLE DEVELOPMENT LAW
Accepting Applications Until June 30, 2014
West Virginia University College of Law’s Center for Energy and Sustainable Development is now accepting applications for a Fellowship in Energy and Sustainable Development. The fellowship combines the opportunity to work with attorneys, faculty and students at the Center for Energy and Sustainable Development with the opportunity to obtain the WVU Law LL.M. degree in Energy and Sustainable Development Law. The LL.M. program provides a uniquely deep and balanced curriculum in perhaps the nation’s richest natural resource region. The fellowship position involves policy and legal research and writing, and assisting with organizing projects such as conferences and workshops.
The Center for Energy and Sustainable Development
The Center is an energy and environmental public policy and research organization at the WVU College of Law. The Center conducts objective, unbiased research and policy analyses, and focuses on promoting practices that will balance the continuing demand for energy resources—and the associated economic benefits—alongside the need to reduce the environmental impacts of developing the earth’s natural resources. One mission of the Center is to train the next generation of energy and environmental attorneys. The Center benefits from being located on the campus of a major research institution, with expanded opportunities for inter-disciplinary research and an integral role for the Center in providing the policy, legal and regulatory analyses to support the technical research being conducted across the WVU campus.
LL.M. in Energy and Sustainable Development Law
The WVU College of Law LL.M. in Energy and Sustainable Development Law is the only LL.M. program in the United States that provides a balanced curriculum in both energy law and the law of sustainable development. Working with WVUCollege of Law’s Center for Energy and Sustainable Development, LL.M. students will develop the expertise to advise clients and provide leadership on matters covering the full range of energy, environmental and sustainable development law. The LL.M. in Energy and Sustainable Development Law provides a broad and deep offering of courses, experiential learning opportunities, and practical training for every part of the energy sector. Our broad spectrum of courses allows our students to prepare to be lawyers serving energy companies, investors, environmental organizations, landowners, utilities, manufacturing companies, lawmakers, policymakers, regulators and land use professionals.
Energy and Sustainable Development Law Fellow
This fellowship is a part-time (at least twenty hours per week), two-year position from August 2014 through July 2016. The Fellow will receive an annual stipend of $20,000 and tuition remission for the LL.M. program. The Fellow would take 6-7 credits per semester allowing time for part-time work at the Center. The Fellow will further the work of the Center by pursuing research on issues relating to energy and sustainable development law and policy, under the direction of the Center’s Director and the WVU Law faculty associated with the Center. The Fellow will be expected to generate policy-oriented written work to be published through the Center and other venues such as law journals. The Fellow will also assist with projects relating to the Center’s programs, including organizing conferences and other events, and public education and outreach efforts. Efforts will be made to match project assignments with the Fellow’s interest.
Candidates should possess a J.D.; a strong academic record; excellent analytical and writing skills; a demonstrated interest and background in energy, sustainability or environmental law and policy; and admission to the LL.M. program at West Virginia University College of Law (application for LL.M. admission can occur concurrently with the fellowship application).
Applicants should apply to Samatha.Stefanov@mail.wvu.edu. Please submit a letter discussing qualifications and interests, a resume, a law school transcript, a recent writing sample and contact information for three references.
We are now accepting applications. The application deadline is June 30, 2014(concurrent with the deadline for admission to the LL.M. program) or until the post is filled.
Visit our website at http://energy.law.wvu.edu/ for more information about our programs.
West Virginia University College of Law is an equal opportunity employer and has a special interest in enriching its intellectual environment through further diversifying the range of perspectives represented by its faculty and teaching staff.
Thursday, May 29, 2014
Babson College (near Boston, MA), well-known for their entrepreneurship program, recently posted a tenure track assistant or associate professor of business law position.
Tuesday, May 20, 2014
The New York Times ran two articles this week about administrator and executive pay that struck a chord with me. One piece was about a new report linking student debt and highly paid university leaders. The article discusses a study, “The One Percent at State U: How University Presidents Profit from Rising Student Debt and Low-Wage Faculty Labor.” The study reviewed “the relationship between executive pay, student debt and low-wage faculty labor at the 25 top-paying public universities.”
Then-Ohio State President E. Gordon Gee was the highest-paid public university president for the time period review. The study found that
Ohio State was No. 1 on the list of what it called the most unequal public universities. The report found that from fiscal 2010 to fiscal 2012, Ohio State paid Mr. Gee a total of $5.9 million. [$2.95 million per year.] During the same period, it said, the university hired 670 new administrators, 498 contingent and part-time faculty — and 45 permanent faculty members. Student debt at Ohio State grew 23 percent faster than the national average during that time, the report found.
[In the interest of full disclosure, I should note that President Gee is the president of my institution, for the second time, and he’s my neighbor. He also makes considerably less money here.]
The other article was about the health care industry, titled: Medicine’s Top Earners Are Not the M.D.s. That article reports that doctors, “the most highly trained members in the industry’s work force,” are in the middle of the pay scale for medical salaries. The article explains:
That is because the biggest bucks are currently earned not through the delivery of care, but from overseeing the business of medicine.
The base pay of insurance executives, hospital executives and even hospital administrators often far outstrips doctors’ salaries, according to an analysis performed for The New York Times by Compdata Surveys: $584,000 on average for an insurance chief executive officer, $386,000 for a hospital C.E.O. and $237,000 for a hospital administrator, compared with $306,000 for a surgeon and $185,000 for a general doctor.
And those numbers almost certainly understate the payment gap, since top executives frequently earn the bulk of their income in nonsalary compensation.
Is there a place where it isn't the case that administrators make more than those actually carrying out the endeavor? Maybe sports and entertainment, to a degree. There has been a significant change in those areas over the past 30 or so years. Owners (and production entities) often still make tons of money, but top player salaries often dwarf those of key executives, coaches, and managers. That was not always the case. Take the NBA for example. The average NBA salary in 1970 was $35,000 (equal to about $207,000 today.) Today’s average salary: $5 million. Actors and musicians take home a lot more than they used to, also, at least among those at the top.
I am not one to bash educational administrators. I have been one, so that may be part of it, but even before that, I appreciated that there are things that need to happen to deliver the full educational experience that are not part of the classroom. Still, it also seems that the number of people who are there to support the delivery of services, like education and medicine, continue to grow at an absurd rate. Even counting contingent and part-time faculty, Ohio State hired more than 1.23 new administrators for every new teacher in the test period.
Law faculty members can legitimately disagree about the best way to educate law students. But our goal should be to provide the best education we can, within the cost constraints we face. If professors at some law schools don’t take that responsibility seriously, we might lose students to schools focusing more on enrollment than education. If so, it’s sad for the profession, but at least we’ll go down fighting for what we know is right.
The same is true at the administrative level in law schools. We should commit to allocating resources to administrative support that supports the educational process of preparing students for practice and for ensuring students actually get to practice, if that is what they seek. This is often true for areas like career services, bar passage, and experiential learning. We should be educating students to be able to be good lawyers and sound professionals, but we also need to help ensure they have things they need to practice (e.g., bar admission) and the ability to practice (i.e., a job).
Sometimes that means new administrators in new or expanded roles, but that may mean reallocating resources from one area to another rather than adding new roles. The challenge, of course, is knowing whether the new administrative hires are delivering services that our students need or are they jobs that are serving the institution at the expense of our students. All institutions need to make a serious attempt to answer that question because it's not just about the number of administrators. It's also about what those administrators do.
Doing what’s right for our students is not always the same as doing what they want. Still, as faculty and administrators, we also need to be clear that doing what we want is often not the same as doing what is best for our students.