Tuesday, February 8, 2011
An expert on torts and legislative compensation schemes, Robert Rabin is highly regarded for his extensive knowledge of the history and institutional dynamics of accident law. He is a prolific author on issues relating to the functions of the tort system and alternative regulatory schemes and is the co-editor of a classic casebook on tort law.
Professor Rabin is currently an advisor to the ongoing American Law Institute Restatement of Torts Third project and has been the program director for the Robert Wood Johnson Foundation Program on Tobacco Policy Research and Evaluation, as well as a reporter for the American Law Institute Project on Compensation and Liability for Product and Process Injuries and the American Bar Association Action Commission to Improve the Tort Liability System. He has been a member of the Stanford Law School faculty since 1970.
I recently had the chance to ask some questions about his background.
1. Why did you apply to law school? Where did you go to law school, and why did you select that school?
As I came near finishing my undergrad education, I wasn’t sure what to do next. A good friend who was planning to attend law school in the fall suggested that I take the LSAT, apply to law schools, and consider it as an option. Sounded reasonable. Subsequently, I was awarded a full tuition scholarship and so decided it was worth trying at least for a year. For a variety of personal reasons I wanted to stay in Chicago (after attending Northwestern Univ. undergrad), and went on to get my degree at Northwestern Univ. School of Law.
2. Who was your Torts professor, and what was your experience as a Torts student?
My torts professor was a visitor at Northwestern, Walter Probert, from U. of Florida. There was nothing singular about my experience in Torts; my favorite courses as a 1L were Contracts and Civil Procedure, in both of which I was especially intellectually stimulated by the classroom instruction.
3. How did you become interested in teaching law and Torts in particular?
My interest in teaching law was a carryover from the best of the courses I took: the dynamic give-and-take in the classroom was intellectually stimulating in those classes. The idea of doing research and writing on whatever topics seemed of interest to me also was very attractive. I wandered into torts teaching in the same way I wandered into law school: The dean at Wisconsin (my first academic appointment) told me that they needed a torts teacher and I was it. The course was of immediate interest to me—although my early research and writing was primarily in the administrative law area. (I had gone on to do a doctorate in political science after finishing law school.)
4. When did you begin teaching Torts, and how have the course and the Torts professoriate changed since then?
Torts was the first course I taught, back in 1966. At first, I just followed the lead of the casebook (Gregory&Kalven, a very fine casebook); I had no overarching conception of my own. As time passed, and I moved from Wisconsin to Stanford, I adopted my new colleague Marc Franklin’s casebook, which was roughly organized around the concept of tort and alternative approaches to addressing the social problem of accidental harm (with virtually no attention to intentional torts). I found this focus appealing, and over the years my approach to this framework of accident law—both in teaching and research—has become more interdisciplinary, and it has broadened to encompass both no-fault alternatives and regulation alternatives to dealing with health and safety-related injuries.
5. What do you see as your major accomplishments as a scholar and teacher?
As a teacher, I’ve tried to convey in the classroom my own intellectual and policy-related interests in torts, and more broadly, the regulation of health and safety risks. On this score, I feel a sense of satisfaction in the feedback that I’ve received from students over the years.
I’ve pursued the same themes in my scholarship. It would take a long essay to develop the particulars about what pathways I’ve taken and which of my articles and books seem to me most satisfying. Without meaning to seem self-effacing, I’d prefer to leave to others the assessment of which works of mine seem major accomplishments.
Monday, February 7, 2011
Lawyer Barons: What Their Contingency Fees Really Cost America by Professor Lester Brickman (Cardozo) has hit the shelves. From the publisher:
This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. While the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.
Chief Judge Dennis Jacobs of the United States Court of Appeals for the Second Circuit recently wrote a review of the book for the New York Law Journal (subscription only). Judge Jacobs wrote:
There is no shortage of books and articles deploring defects in lawyer ethics. The novelty of "Lawyer Barons" is that it focuses on the contingency fee as a business model. Mr. Brickman argues that the prevailing business model is based on a systematic conflict of interest on the part of lawyers who collect their large fraction on claims that have no appreciable risk; who collect fees on the portion of recoveries that were available at the outset, without counsel or litigation; who conduct class actions that serve no one but lawyers; who spread panic over questionable mass torts; and who corrupt medicine and science itself. . . . The book amounts to a call for remedial action by honest members of our professiona, and is convincing on the level that the professional institutions, including bar associations, courts, and law schools, should look into these claims and consider whether remedial action is indicated and feasible.
Tuesday, February 1, 2011
Victor E. Schwartz chairs the Public Policy Group at Shook, Hardy & Bacon. He co-authors the nation’s leading torts casebook, Prosser, Wade & Schwartz’s Torts (11th ed. 2005), and authors Comparative Negligence, the principal text on the subject. Victor is former dean of the University of Cincinnati College of Law, and currently serves on its Board of Visitors. During his academic career, Victor litigated cases on behalf of plaintiffs, and secured the first punitive damages award in the Midwest against a manufacturer of a defective product. Today, Victor serves as general counsel to the American Tort Reform Association, and co-chairs the American Legislative Exchange Council’s (ALEC) Civil Justice Task Force. He was a recipient of The Jeffersonian Award, ALEC’s highest honor bestowed on persons in the private sector. Victor served on the advisory committees of all three of the American Law Institute’s Restatement (Third) of Torts projects: Products Liability, Apportionment of Liability, and General Principles. Victor chaired the federal government’s Inter-Agency Task Force on Product Liability and the Department of Commerce’s Inter-Agency Task Force on Insurance and Accident Compensation. He was awarded the Secretary of Commerce’s Medal of Excellence for his service.
Here's my conversation with Victor:
Q: Why did you apply to law school? Where did you go to law school, and why did you select that school?
When I was about 11 years old, I watched the Army-McCarthy hearings on television. I found this “show” riveting. I saw all of these lawyers involved and decided if and when I grow up, I want to do something like that and be part of it. I went to Columbia Law School and chose it because I thought a degree from that school would provide a solid calling card for a good job. No one in my family had been a lawyer. My dad died with I was ten. I realized that I had to make my own entrance into the law based on my own merits.
Q: Who was your Torts professor, and what was your experience as a Tort student?
I had two torts professors, Willis Reese and Alfred Hill. Willis Reese made the law of torts into an organized system. He was funny and made class a memorable experience. Professor Hill saw tort law as pure vapor. There were no “real” rules. Tort law was like biting into cotton candy. It was there, but it really was not. He had a drier sense of humor than Professor Reese, but he was a great educator. Each professor had a totally different vision of the subject. In sum, my experience as a torts student was an outstanding one and helped me as a torts professor.
Q: How did you become interested in teaching law and Torts in particular?
I became interested in teaching law while serving as a law clerk to the Honorable Charles M. Metzner. Judge Metzner was a respected Federal Judge in the Southern District of New York. Part of my job was to read briefs on both sides in a case and draft opinions of law. The goal was finding a fair and just result, not representing any particular party. Through the course of the two year clerkship, I looked for a vehicle where I could continue to search for the right answer and teaching seemed to be the best vehicle to achieve that goal. My torts professors inspired me to learn more about the subject, but what I liked about it most was that it was organic, always changing and not wedded to interpretation of statutes.
Q: When did you begin teaching Torts, and how has the course and the Torts professoriate changed since then?
I began teaching torts in 1967 at the young age of 26. Most professors at the time focused on the substantive law of torts, the reasons behind the rules, whether the rules were sound in their contents and whether they should be changed. There was a beginning of a focus on alternatives to the tort system such as no-fault compensation in the area of automobile accidents. In 2011, a significant number of torts professors believe that the “students can learn the rules on their own” and the focus of those professors is on law and economics and broader public policy considerations.
Q: What do you see as your major accomplishments as a Torts scholar (and former teacher)?
With the invaluable help and guidance of the late Dean John W. Wade, we were able to preserve and expand the use of the torts case book founded by William L. Prosser. Often when a great professor dies who is author of a case book, the case book has a rather brief shelf life. John and I began working together on the 6th edition, which was published in 1976. My new co-authors Professor Kathy Kelly and Dean David Partlet are a terrific team. We finished the 12 edition last May and it was published last year 2010.
A challenge has been to work in the so-called real world of the practice of law as a former torts scholar. I utilized what I have learned as a scholar in a practical way. I had the wise guidance of the lawyers in my practice group, other lawyers in the firm, and staff. I have been able to blend scholarship with practical results that some have found worthwhile. We have been part of the enactment of almost 200 state legislative initiatives, bills that have passed the Congress of the U.S. and have been signed into law, amicus briefs that have affected the outcome of cases in the Supreme Court of the United States and in state Supreme Courts with the help of colleagues, I have continued to write law review articles. All has been a lot of fun. It has been a privilege to be part of two different worlds, academia and practice.
Tuesday, January 25, 2011
As we mentioned back in November, we are introducing a new feature at TortsProf in conjunction with the AALS Torts & Compensation Section, chaired by Mike Rustad (Suffolk). Many of you may be familiar with Mitch Albom's popular book, Tuesdays With Morrie. In the book, Albom rediscovered his former college professor and mentor Morrie Schwartz. Albom visited Schwartz in his study every Tuesday for the rest of Schwartz's life. The book captures the wit and wisdom of these visits.
Beginning next week, we invite you to join us for the "Tuesdays With...." series, featuring conversations with senior Torts professors who have been nominated as "Masters of Tort Law."
Tuesday, January 11, 2011
Congratulations to Alexandra Lahav, our colleague over at Mass Tort Litigation Blog! She has been named the recipient of the First Annual Fred Zacharias Scholarship Prize for her article Portraits of Resistance: How Lawyers Respond to Unjust Proceedings, 57 UCLA L. Rev. 725 (2010). The abstract provides:
This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own.
The purpose of the Article is to paint a landscape of lawyer resistance to procedural injustice that can be used as a basis for further inquiry. The Article considers hard questions about lawyer participation in unjust tribunals such as whether lawyers who participate in unjust tribunals are complicit in injustice and what lawyers can do in the face of an unjust procedural regime. It presents a new way of understanding the forms of lawyer resistance to injustice. The Article demonstrates that complicity and resistance are not on opposite poles of human behavior within organizational systems. Rather, there is a dualistic interplay between complicity and resistance. Acts that appear to be resistance can be perceived as complicit, and acts that appear to be complicit can result in powerful forms of resistance. The Article also explores some questions raised by this analysis, such as what are the lawyer’s responsibilities to society and to his or her client and whether lawyers can know when a tribunal is so unjust as to merit resistance. It concludes by considering avenues for further research.
Thanks to Legal Ethics Forum for the info.
Tuesday, December 14, 2010
TortsProf's own Chris Robinette is the editor for Volume 6 of the venerable treatise, Appleman on Insurance (Law Library Edition) (Lexis Nexis 2011). In addition to editing the volume, Robinette will also be writing the introduction. Volume 6 will focus on the topic of automobile insurance. As new volumes of the New Appleman Library Edition are published, corresponding volumes of Appleman on Insurance 2d and Appleman Insurance Law and Practice will be retired.
Tuesday, November 23, 2010
John C.P. Goldberg (Harvard) and Ben Zipursky (Fordham) are co-authors of The Oxford Introductions to U.S. Law: Torts:
Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.
Harvard Law School has a video discussion with Professor Goldberg about the book.
Tuesday, October 26, 2010
The current issue of the Journal of Tort Law is now available. The issue is a tribute to the torts scholarship of Richard Epstein. With an introduction by editors Jules Coleman and John Goldberg, the issue features articles by Joshua Getzler, Jill Horwitz, and Benjamin Zipursky, and a comment by David Owen, as well as a reply by Professor Epstein that revisits and restates the hugely influential account of tort law that he has developed since the publication of his landmark 1973 article, A Theory of Strict Liability.
Thanks to John Goldberg for the info.
Monday, October 25, 2010
The New York Times reports that law professor and disability rights advocate Paul Steven Miller passed away at home last Tuesday. The obituary there does a better job than I can at describing his many accomplishments, both within and outside the academy.
Professor Miller started teaching at the University of Washington at the same time I started teaching, as I recall, and we met at a new law teacher's seminar put on by AALS, I think. We exchanged e-mails periodically talking about teaching Torts -- he was an innovative teacher, developing extensive wikis for his classes, among other things -- and about life as a law professor. While he was certainly best-known for his work in the arena of disability law, he was an enthusiastic Torts prof and utterly dedicated to his teaching. I was pleased when he took a position with the Obama administration, and even happier when he returned to teaching. Getting a drink with Paul was something I looked forward to every year at AALS.
Paul was 49 years old and is survived by his wife and two young daughters.
Saturday, October 23, 2010
Monday's Guest Blogger is James R. Hackney, Jr., Professor of Law and Faculty Director of Research at Northeastern University School of Law, where he teaches in the areas of torts, corporate finance, corporations, critical race theory, and law and economics.
Professor Hackney’s research focuses on intellectual history, torts, the mutual fund industry, law and economics, and critical race theory. He is the author of the acclaimed book, Under Cover of Science: American Legal-Economic Theory and the Quest for Objectivity (Duke University Press, 2007). Selected publications include Book Review, “On Markets and Regulation: Richard Posner’s Conservative Pragmatist Evolution” (reviewing Richard Posner’s A Failure of Capitalism: The Crisis of ’08 and the Descent into Depression), 3 Law and Financial Markets Review 539 (2009); “Duties of Fund Directors Under State Law,” Fund Governance: Legal Duties of Investment Company Directors. Robertson, ed. Law Journal Press, 2005; “Ideological Conflict, African American Reparations, Tort Causation and the Case for Social Welfare Transformation,” 84 Boston University Law Review 1193 (2004); “Law and Neoclassical Economics Theory: A Critical History of the Distribution/Efficiency Debate,” 32 Journal of Socio-Economics 361 (2003); “Law and Neoclassical Economics: Science, Politics and the Reconfiguration of American Tort Law Theory,” 15 Law and History Review 275 (1997); “The Intellectual Origins of American Strict Products Liability: A Case Study in American Pragmatic Instrumentalism,” 39 American Journal of Legal History 443 (1995); and “A Proposal for State Funding of Municipal Tort Liability,” 98 Yale Law Journal 389 (1988).
In 1997-98, Professor Hackney was a Visiting Professor of Law and John M. Olin Fellow at the University of Southern California. He also has taught as a Visiting Professor at Boston University School of Law and Harvard Law School. Professor Hackney has served on the Executive Committee for the AALS Torts & Compensation Systems Section, and was Co-Chair of the AALS Socio-Economics Section. In 2003 & 2005, he was named Teacher of the Year. Prior to joining the Northeastern faculty, Professor Hackney was an associate with the Los Angeles law firm of Irell & Manella.
Wednesday, October 20, 2010
Vanderbilt Law School is hosting a celebration of Richard Nagareda's life on Friday, November 12, at 4:00 p.m. in the Flynn Auditorium, with a reception to follow. We invite you to join us.
Parking for visitors who want to attend the memorial will be available in Lot 5B, which is located directly across from the law school at the intersection of 21st Avenue and Broadway.
Alumni, friends and former colleagues are invited to honor Professor Nagareda by sharing your memories of him with us. You may send your tributes via email to firstname.lastname@example.org for posting on a private web page set up for alumni and friends, or mail your tribute or a letter of condolence with a note indicating whether you’d like your tribute posted online or only forwarded to Richard’s family to us at:
Vanderbilt University Law School/Nagareda Memorials
131 21st Ave. South
Nashville, TN 37203
You may also honor Richard by donating to a memorial fund we have established at the family's request to support a student scholarship by clicking here by sending a check to us at the address above.
Vanderbilt also has provided a detailed obituary listing the many accomplishments of Professor Nagareda.
Sunday, October 10, 2010
I am very sorry to report the untimely death of one of the great minds in mass tort litigation, Richard Nagareda. According to the Vanderbilt notice, Professor Nagareda died suddenly at his home on Friday October 8, 2010. Vanderbilt released the following statement:
“Richard was a personal friend as well as an esteemed colleague, and those of us who were fortunate enough to know him and work with him for the past several years are devastated by his death,” Dean Chris Guthrie said. “The legal academy has lost a gifted scholar, and our students an extremely talented teacher. Our faculty members have lost a good friend and exemplary colleague, and his family a beloved husband, father and son."
We were lucky to have Professor Nagareda guest blog here at TortsProf last spring. His guest blog piece explored "Developments in the Resolution of Mass Torts: The New Face of Client Consent."
Thursday, October 7, 2010
Monday’s Guest Blogger is Lester Brickman, Professor of Law and former Acting Dean at the Benjamin N. Cardozo School of Law, where he teaches contracts and legal ethics. He has written extensively on legal ethics and his writings have been widely cited in treatises, casebooks, scholarly journals and judicial opinions. Among his areas of specialty are contingency fees and their effect on the tort system, mass tort litigation, asbestos litigation, regulation of attorney fees in the tobacco litigations, fee arbitration, and class actions.
Professor Brickman is publishing a book on contingency fees due out in January 2011: Lawyer Barons: What Their Contingency Fees Really Cost America (Cambridge Univ. Press). The book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic government. While the public senses that lawyers manipulate the civil justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book, which distills 20 years of Professor Brickman’s research, sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.
Professor Brickman also has written extensively on asbestos litigation. His articles and testimony before the Senate Judiciary Committee and a subcommittee of the House Judiciary Committee have been influential in directing attention to critical asbestos litigation abuses. He has been acknowledged by four federal courts as an expert on the history of asbestos litigation, asbestos bankruptcy trusts and the effect of tort reform on future asbestos claim generation. In early 2005, President George W. Bush introduced Professor Brickman to an audience in McComb County, Michigan, as an expert on asbestos litigation issues and asked Professor Brickman to explain the need for a legislative solution for asbestos litigation abuses.
Professor Brickman has been widely quoted in the press on lawyer fee issues as well as on tort reform issues. He has testified before Congress on the delivery of legal services, asbestos litigation, contingency fee abuses generally and in tobacco litigation and on the constitutionality of congressional regulation of fees in tobacco litigation. He has served on the professional responsibility committees of the New York State and City bar associations and on the Professional and Judicial Ethics committee of the Association of the Bar of the City of New York. Professor Brickman is a graduate of Carnegie-Mellon University, the University of Florida Law School and has a Masters in Law degree from the Yale Law School.
Wednesday, September 15, 2010
I am sad to report that TortsProf Richard Cole, of my institution (Western New England) passed away over the weekend. Dick began teaching at the School of Law in 1976, and, over the years, taught Torts, Toxic Torts, and various other courses related to civil litigation. A graduate of the University of Pennsylvania and the University of Michigan Law School, Dick also taught at Detroit College of Law and visited at Oxford.I join Dean Gaudio, as do all of my colleagues, in grieving the loss of a colleague and friend. Dick was a gentle, caring, and inquisitive professor and colleague, and he touched countless lives.
Tuesday, August 10, 2010
Andy Klein passes on that Indiana-Indianapolis is hiring. The AALS ad follows:
INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS invites applications from entry-level and experienced candidates for tenure-track and tenured appointments beginning in the 2011-2012 academic year. The law school seeks colleagues with distinguished academic records who are committed to excellence in teaching, scholarship, and service. Our curricular needs include Torts, Criminal Law and Procedure, Evidence, Commercial Law, Conflict of Laws, Trusts and Estates and Tax.
Indiana University School of Law - Indianapolis also anticipates making a long-term contract clinical appointment for 2011-2012. Candidates with clinical teaching experience in the civil area and with at least five years of practice experience are encouraged to apply. The appointment requires an Indiana law license or the ability to be licensed to practice law in Indiana upon appointment. It is possible that this appointment might include administrative duties with respect to experiential learning.
We are strongly committed to achieving excellence through intellectual diversity and strongly encourage applications from persons of color, women, persons with disabilities, the LGBT community, and members of other groups that are under-represented on university faculties. The law school is an Equal Opportunity/Affirmative Action Institution and offers domestic partner benefits. For more information about the school, visit http://indylaw.indiana.edu/. To apply, contact Professor María Pabón López, Chair, Faculty Recruitment Committee, Indiana University School of Law-Indianapolis, 530 West New York Street, Indianapolis, IN 46202-3225; (317) 278-8440; email@example.com. Individuals who require a reasonable accommodation in order to participate in the application process must notify Professor López a reasonable time in advance.
Monday, June 28, 2010
From Mike Rustad:
Dear Section Members:
The Torts and Compensation Systems section of the American Association of Law Schools (AALS) is soliciting nominations for the William L. Prosser Award for 2011. The Prosser award "recognize[s] outstanding contributions of law teachers in scholarship, teaching and service in ... torts and compensation systems ...." The three most recent distinguished recipients are Oscar Gray, Dan Dobbs, and Robert Rabin. Past recipients also include luminaries such as Leon Green, Wex Malone, and John Wade.
Any law professor is eligible to nominate another law professor for the award. Selection of the recipient will be made by members of the Executive Committee of the Torts and Compensation Systems Section, based on the recommendation of a special selection committee. The announcement of the award will be made at the annual AALS meeting in January, 2011.
Nominations, accompanied by a brief supporting statement, should be submitted to Prof. Michael L. Rustad, Chair Elect of the Executive Committee, either by regular mail or e-mail at profrustad [at] aol.com. Since I am in Sweden teaching at the University of Lund until July 14, I will extend the period of nomination until July 20, 2010. Nominations must be received no later than 5 pm eastern time (U.S.) on July 20, 2010. E-mail submissions at profrustad [at] aol.com are preferred. Under our section’s policy for the Prosser award, all letters must be accompanied by a letter of support via email or hard copy at the address below:
Michael L. Rustad
Thomas F. Lambert Jr. Professor of Law &
Co-Director of the Intellectual Property Law Concentration
Suffolk University Law School
120 Tremont Street, Boston, Massachusetts 02108-4977
Wednesday, June 23, 2010
Monday, June 14, 2010
Lucy McGough (LSU), James Bowers (LSU), and Richard Wise (UND - Psychology) are trying to assess the current system of student-run law reviews:
For the last several decades, there has been much controversy and discussion about how well the current system of student run law reviews and journals meet the needs of legal scholars, the legal profession, and its student members and how they can be improved. Despite the significance of this controversy, no one has determined the legal community's opinions about them.
The purpose of the present survey is to assess: (1) What law professors, attorneys, judges, and law review editors think about the current system of student run law reviews and journals; (2) Whether reforms are needed; and (3) If reforms are needed, what they should be.
We are asking for your help with this important survey because the success of any survey depends in large part on the number of people who complete the survey. The present survey is completely anonymous and confidential and only takes about 15-20 minutes to complete. The results of the survey will be reported in a law review article. A link for the survey is enclosed below:
Thank you very much for considering our request.
Thursday, May 27, 2010
Thursday, March 4, 2010
Michael McCann is an Associate Professor of Law at Vermont Law School, where he teaches sports law, antitrust, torts, and sales. He also teaches a sports law reading group at Yale Law School.
McCann is also a Legal Analyst for Sports Illustrated and the “Sports and the Law” Columnist on SI.com. He has received recognition from The American Lawyer and the Newhouse School of Public Communications for excellence in journalism.
McCann is also Co-Founder of the Harvard Law School Project on Law and Mind Sciences and the Distinguished Visiting Hall of Fame Professor of Law at Mississippi College School of Law, where he was an Assistant Professor of Law between 2005 and 2008 and where he now teaches a sports law class every summer. During his three-year tenure at Mississippi, Professor McCann received the school's most prestigious teaching awards, including the Professor of the Year Award in 2007 and 2008 and the Shirley Norwood Jones Faculty Award, also in 2008.
In the fall of 2008, McCann was a Visiting Associate Professor of Law at Boston College Law School, where he taught sports law and administrative law, and served as Chair of the AALS Section on Sports and the Law.
McCann has placed scholarly pieces in the Yale Law Journal, Wisconsin Law Review, and the Connecticut Law Review, among other publications. His most recent article is American Needle v. NFL: An Opportunity to Reshape Sports Law, 119 YALE LAW JOURNAL 726 (2010).
Prior to becoming a law professor, McCann served as counsel to college football star Maurice Clarett in his lawsuit against the National Football League and its age eligibility rule. He also served as a Visiting Researcher at Harvard Law School and Legal Counsel to U.S. Congressman Marty Meehan.
McCann has been frequently interviewed on television programs, including HBO's Bob Costas Now, CNN's The Situation Room with Wolf Blitzer, American Morning, Headline News, and Glenn Beck Show, Fox News' Fox Live Desk, and CNBC's Morning Call and Power Lunch. He is also a legal correspondent for the nationally syndicated Dan Patrick Show.