Monday, October 18, 2021

Viewpoint Diversity Shareholder Proposals - A Commentary

Earlier this year, Transactions: The Tennessee Journal of Business Law, published papers presented at the 2020 Connecting the Threads IV symposium, held on Zoom just about a year ago.  Back in July, I wrote about my coauthored piece from the 2020 symposium.  That was my primary contribution to the event and the published output.

However, I also had the privilege of commenting on two papers at the symposium last year, and my comments were published in the Transactions symposium volume. I have been wanting to post about those published commentaries for a number of months, but other news just seemed more important.  Given the recent completion of this year's Connecting the Threads V symposium, it seems like a good time to make those posts.  I start with the first of the two here.

This post covers my commentary on Stefan Padfield's paper, An Introduction to Viewpoint Diversity Shareholder Proposals.  It was a fascinating read for me.  I was unaware of this genre of shareholder proposal before I picked up Stefan's draft.  If you also are in the dark about these shareholder proposals, his article offers a great introduction.  Essentially, viewpoint diversity shareholder proposals are shareholder-initiated matters proposed for a shareholder vote that (1) are included in a public company's proxy statement through the process set forth in Rule 14a-8 under the Securities Exchange Act of 1934, as amended, and (2) serve "to restore some semblance of balance" in public companies that are characterized by viewpoint bias or discrimination.  Stefan's article offers examples and provides related observations.

My commentary is entitled A Few Quick Viewpoints on Viewpoint Diversity Shareholder Proposals.  It is posted on SSRN here. The SSRN abstract is as follows:

This commentary essay represents a brief response to Professor Stefan Padfield’s "An Introduction to Viewpoint Diversity Shareholder Proposals" (22 TRANSACTIONS: TENN. J. BUS. L. 271 (2021)). I am especially interested in two aspects of Professor Padfield’s article on which I comment briefly in turn. First and foremost, I focus in on relevant aspects of an academic and popular literature that Professor Padfield touches on in his article. This literature addresses an area that intersects with my own research: the diversity and independence of corporate management (in particular, as to boards of directors, but also as to high level executive officers--those constituting the so-called “C-suite”) and its effects on corporate decision-making. Second, I offer a few succinct thoughts on the suitability of the shareholder proposal process as a means of promoting viewpoint diversity in publicly held firms.

The essay is reasonably brief (so feel free to read it in its entirety).  But the essence of my conclusion offers the bottom line.  

Although viewpoint diversity may be a vague or malleable term, the business environment and exemplar shareholder proposals featured in Professor Padfield’s Article offer guidance as to the contextual meaning of that term. Based on his depiction and the literature on management diversity’s role in efficacious decision-making, viewpoint diversity has the capacity to add value to the business management enterprise and enhance the existence and sustainability of a healthy, happy workforce. Moreover, his Article indicates, and this commentary affirms, that the shareholder proposal process may be a successful tool in raising viewpoint diversity issues with firm management. Even if the inclusion of specific shareholder proposals in public company proxy statements may be questionable under Rule 14a-8, the existence of viewpoint diversity shareholder proposals may open the door to productive dialogues between shareholders and the subject companies. In sum, Professor Padfield’s Article represents a thought-provoking inquiry into an innovative way in which securities regulation may contribute to forwarding corporate social justice in the public company realm.

So, even if you don't read my commentary, you should read his article.

October 18, 2021 in Conferences, Corporate Governance, Corporations, Joan Heminway, Shareholders, Stefan J. Padfield | Permalink | Comments (2)

Monday, October 11, 2021

Tenure-Track Position at the University of Miami Herbert Business School, Business Law Department

The University of Miami is accepting applications for a tenure-track faculty position within the Business Law Department at the Patti and Allan Herbert School of Business (MHBS) commencing August 15, 2022.

MHBS’s Business Law Department seeks applicants with experience and accomplishment in law scholarship, specifically in areas related to technology, data science, corporate governance, or sustainability. The position is open to those candidates with a law degree who have a strong research stream, or a well-developed relevant research agenda. A record of outstanding teaching or clear potential therefor is required.

The successful candidate will join a thriving Business Law department of 19 full-time regular faculty and instructors with varied scholarly interests, who teach a wide range of bachelors, masters, and executive level courses.

The University of Miami is a Carnegie comprehensive degree-granting research university with approximately 17,800 students and 16,400 faculty and staff. MHBS has approximately 4,000 total graduate and undergraduate students and is located on the University’s main campus in suburban Coral Gables, Florida.

Salary, benefits, and research support are competitive. Interested candidates should submit a letter of interest describing relevant qualifications and experience, detailed CV, as well as contact information for at least three academic and/or professional references who may be contacted.

Completed applications and any questions should be addressed to Professor Patricia Sanchez Abril, Chair, Business Law Department, Miami Herbert Business School, via email to BSLrecruiting@mbs.miami.edu. Deadline is December 1, 2021.

University of Miami is an equal employment and affirmative action employer and a provider of ADA services. All qualified applicants will receive consideration for employment without regard to age, ethnicity, color, race, religion, sex, sexual orientation or identity, national origin, disability status, or protected veteran status.

October 11, 2021 in Business School, Joan Heminway, Jobs | Permalink | Comments (0)

Tuesday, October 5, 2021

AULR's "My Favorite Law Review Article"

The following comes to us from one of our devoted readers (and fellow business law blogger), Walter Effross. He writes to inform us about a new initiative that he suggested to the American University Law Review, in which faculty, practitioners, judges, regulators, and others discuss "My Favorite Law Review Article." The inaugural video (in which Walter recommends an Elizabeth Warren article) is here.

The guidelines for submissions are as follows:

1. Select the law review article that you wish to discuss. (Please choose an article that you did not write or co-author.)
2. All forms of video recording (Zoom, Photo Booth, phone camera, etc.) are acceptable; our team will edit appropriately.
3. Please try to keep your review between five and seven minutes long.
4. At the beginning of the video, please introduce (1) yourself and (2) the title and author of the Article. [including the citation, or at least the year of publication?]
5. Please provide a brief synopsis of the piece, read one or more pertinent passages, and/or discuss a particularly moving/interesting segment.
6. Most importantly, explain why this article is your favorite. You might consider discussing: when and how you first read it; what makes it special to you—the topic itself, the writing style, and/or something else; why others should read it; and/or how it contributed to your understanding of, or passion for, specific areas of the law.
7. Email your recording to Emily Thomas, at thomasemilyjane@gmail.com

I am intrigued by this initiative.  I admitted to Walter that it is making me think about what my favorite might be . . . .  The website notes that the law review hopes "that this collaborative project brings legal thinkers together and initiates productive conversation about the legal community and how we can better understand each other’s points of view." I will be interested to see where this goes.  Let me know if you contribute!

[Editor's Note: Most of this post comes directly from an email I received from Walter.  So, I tip my hat to him and thank him for the text of this post!]

October 5, 2021 in Joan Heminway, Law Reviews, Research/Scholarhip | Permalink | Comments (0)

Monday, October 4, 2021

Connecting the Threads 2021 - My Thread in the Tapestry . . . .

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With my bum shoulder and a lot of work on our dean search cramping my style over the past few weeks, I have been remiss in posting about the 2021 Business Law Prof Blog Symposium, Connecting the Threads V.  The idea behind the name (and Doug Moll likes to riff on it--so have at it, Doug!) is that our bloggers here at the BLPB connect the many threads of business law in what we do--here on the blog and elsewhere.

Anyhoo (as Ann would say), as always, my BLPB co-bloggers did not disappoint in their presentations.  I know our students look forward to publishing many of the articles and the related commentaries in the spring book of our business law journal, Transactions: The Tennessee Journal of Business Law.  I also am always so proud of, and interested to hear, the commentary of my colleagues and students.  This year was no exception.

In the future, I will post more about the article that I presented.  But I will offer a teaser here, accompanied by the above screen shot from the symposium.  (It was "Big Orange Friday" on our campus.  The orange had to be worn.  Go Vols!)

The title of my presentation and article is Choice of Entity: The Fiscal Sponsorship Alternative to Nonprofit Incorporation.  A brief excerpt from the continuing legal education handout for the symposium presentation is set forth below (footnotes omitted).

[T]his presentation urges that competent, complete legal counsel on choice-of-entity for nonprofit business undertakings should extend beyond advising clients on which form of business entity best fits their needs and wants, if any. For many small business ventures that qualify for federal income tax treatment under Section 501(a) of the U.S. Internal Revenue Code of 1986, as amended (“IRC”), as religious, charitable, scientific, literary, educational, or other eligible organizations under Section 501(c)(3) of the IRC . . . , the time and expense of organizing, qualifying, managing, and maintaining a tax-exempt nonprofit corporation under state law may be daunting (or even prohibitive). Moreover, the structures imposed by business entity law may not be needed or wanted by the founders or promoters of the venture. Yet, there may be distinct advantages to entity formation and federal tax qualification that are not available (or not as easily available) to unincorporated not-for-profit business projects. These may include, for example, exculpation for breaches of performative fiduciary duties and limitations on personal liability for business obligations available to participants in nonprofit corporations under state statutory law and easier clearance of or compliance with initial and ongoing requirements for tax-exempt status under federal income tax law.

The described conundrum—the prospect that founders or promoters of a nonprofit project or business may not have the time or financial capital to fully form and maintain a business entity that may offer substantial identifiable advantages—is real. Awareness of this challenge can be disheartening to lawyer and client alike. Fortunately, at least for some of these nonprofit ventures, there is a third option—fiscal sponsorship—that may have contextual benefits. This presentation offers food for thought on the benefits of fiscal sponsorship, especially for arts and humanities endeavors.

Again, I will have more to say about this later, once the article is fully crafted.  But your thoughts on fiscal sponsorship--and examples, stories, and the like--are welcomed in the interim as I continue to work through the article.

October 4, 2021 in Ann Lipton, Conferences, Joan Heminway, Lawyering, Nonprofits, Research/Scholarhip | Permalink | Comments (0)

Sunday, October 3, 2021

Western State College of Law at Westcliff University Faculty Hiring Announcement

Western State College of Law (WSCL) at Westcliff University invites applications from entry-level and lateral candidates for up to two tenure-track faculty positions beginning August 1, 2022. We have particular interest in persons interested in teaching Business Organizations, Contracts, Sales, Evidence, Professional Responsibility, and Remedies. Candidates should have strong academic backgrounds, commitment to teaching excellence, and demonstrated potential for productive scholarship. 

WSCL is located in the city of Irvine, California – close to miles of famous beaches, parks, recreation facilities and outdoor activities as well as the many museums, music venues, and diverse cultural and social experiences of greater Los Angeles.

Founded in 1966, WSCL is the oldest law school in Orange County, California, and is a fully ABA approved for-profit, private law school. Noted for small classes and personal attention from an accessible faculty focused on student success, WSCL is proud that our student body is among the most diverse in the nation. Our 11,000+ alumni are well represented across public and private sector legal practice areas, including 150 California judges and about 15% of Orange County’s Deputy Public Defenders and District Attorneys.

WSCL is committed to providing workplaces and learning environments free from discrimination on the basis of any protected classification including, but not limited to race, sex, gender, color, religion, sexual orientation, gender identity or expression, age, national origin, disability, medical condition, marital status, veteran status, genetic marker or on any other basis protected by law.

Confidential review of applications will begin immediately. Applications (including a cover letter, complete CV, teaching evaluations (if available), a diversity statement addressing your contributions to our goal of creating a diverse faculty, and names/email addresses of three references) should be emailed to Professor Elizabeth Jones, Chair, Faculty Appointments Committee: enjones@wsulaw.edu For more information about WSCL, visit wsulaw.edu

October 3, 2021 in Joan Heminway | Permalink | Comments (0)

Friday, September 24, 2021

Ten Ethical Traps for Business Lawyers

I'm so excited to present later this morning at the University of Tennessee College of Law Connecting the Threads Conference today at 10:45 EST. Here's the abstract from my presentation. In future posts, I will dive more deeply into some of these issues. These aren't the only ethical traps, of course, but there's only so many things you can talk about in a 45-minute slot. 

All lawyers strive to be ethical, but they don’t always know what they don’t know, and this ignorance can lead to ethical lapses or violations. This presentation will discuss ethical pitfalls related to conflicts of interest with individual and organizational clients; investing with clients; dealing with unsophisticated clients and opposing counsel; competence and new technologies; the ever-changing social media landscape; confidentiality; privilege issues for in-house counsel; and cross-border issues. Although any of the topics listed above could constitute an entire CLE session, this program will provide a high-level overview and review of the ethical issues that business lawyers face.

Specifically, this interactive session will discuss issues related to ABA Model Rules 1.5 (fees), 1.6 (confidentiality), 1.7 (conflicts of interest), 1.8 (prohibited transactions with a client), 1.10 (imputed conflicts of interest), 1.13 (organizational clients), 4.3 (dealing with an unrepresented person), 7.1 (communications about a lawyer’s services), 8.3 (reporting professional misconduct); and 8.4 (dishonesty, fraud, deceit).  

Discussion topics will include:

  1. Do lawyers have an ethical duty to take care of their wellbeing? Can a person with a substance use disorder or major mental health issue ethically represent their client? When can and should an impaired lawyer withdraw? When should a lawyer report a colleague?
  2. What ethical obligations arise when serving on a nonprofit board of directors? Can a board member draft organizational documents or advise the organization? What potential conflicts of interest can occur?
  3. What level of technology competence does an attorney need? What level of competence do attorneys need to advise on technology or emerging legal issues such as SPACs and cryptocurrencies? Is attending a CLE or law school course enough?
  4. What duties do lawyers have to educate themselves and advise clients on controversial issues such as business and human rights or ESG? Is every business lawyer now an ESG lawyer?
  5. What ethical rules apply when an in-house lawyer plays both a legal role and a business role in the same matter or organization? When can a lawyer representing a company provide legal advice to an employee?
  6. With remote investigations, due diligence, hearings, and mediations here to stay, how have professional duties changed in the virtual world? What guidance can we get from ABA Formal Opinion 498 issued in March 2021? How do you protect confidential information and also supervise others remotely?
  7. What social media practices run afoul of ethical rules and why? How have things changed with the explosion of lawyers on Instagram and TikTok?
  8. What can and should a lawyer do when dealing with a businessperson on the other side of the deal who is not represented by counsel or who is represented by unsophisticated counsel?
  9. When should lawyers barter with or take an equity stake in a client? How does a lawyer properly disclose potential conflicts?
  10. What are potential gaps in attorney-client privilege protection when dealing with cross-border issues? 

If you need some ethics CLE, please join in me and my co-bloggers, who will be discussing their scholarship. In case Joan Heminway's post from yesterday wasn't enough to entice you...

Professor Anderson’s topic is “Insider Trading in Response to Expressive Trading”, based upon his upcoming article for Transactions. He will also address the need for business lawyers to understand the rise in social-media-driven trading (SMD trading) and options available to issuers and their insiders when their stock is targeted by expressive traders.

Professor Baker’s topic is “Paying for Energy Peaks: Learning from Texas' February 2021 Power Crisis.” Professor Baker will provide an overview of the regulation of Texas’ electric power system and the severe outages in February 2021, explaining why Texas is on the forefront of challenges that will grow more prominent as the world transitions to cleaner energy. Next, it explains competing electric power business models and their regulation, including why many had long viewed Texas’ approach as commendable, and why the revealed problems will only grow more pressing. It concludes by suggesting benefits and challenges of these competing approaches and their accompanying regulation.

Professor Heminway’s topic is “Choice of Entity: The Fiscal Sponsorship Alternative to Nonprofit Incorporation.” Professor Heminway will discuss how for many small business projects that qualify for federal income tax treatment under Section 501(a) of the U.S. Internal Revenue Code of 1986, as amended, the time and expense of organizing, qualifying, and maintaining a tax-exempt nonprofit corporation may be daunting (or even prohibitive). Yet there would be advantages to entity formation and federal tax qualification that are not available (or not easily available) to unincorporated business projects. Professor Heminway addresses this conundrum by positing a third option—fiscal sponsorship—and articulating its contextual advantages.

Professor Moll’s topic is “An Empirical Analysis of Shareholder Oppression Disputes.” This panel will discuss how the doctrine of shareholder oppression protects minority shareholders in closely held corporations from the improper exercise of majority control, what factors motivate a court to find oppression liability, and what factors motivate a court to reject an oppression claim. Professor Moll will also examine how “oppression” has evolved from a statutory ground for involuntary dissolution to a statutory ground for a wide variety of relief.

Professor Murray’s topic is “Enforcing Benefit Corporation Reporting.” Professor Murray will begin his discussion by focusing on the increasing number of states that have included express punishments in their benefit corporation statutes for reporting failures. Part I summarizes and compares the statutory provisions adopted by various states regarding benefit reporting enforcement. Part II shares original compliance data for states with enforcement provisions and compares their rates to the states in the previous benefit reporting studies. Finally, Part III discusses the substance of the benefit reports and provides law and governance suggestions for improving social benefit.

All of this and more from the comfort of your own home. Hope to see you on Zoom today and next year in person at the beautiful UT campus.

September 24, 2021 in Colleen Baker, Compliance, Conferences, Contracts, Corporate Governance, Corporate Personality, Corporations, CSR, Current Affairs, Delaware, Ethics, Financial Markets, Haskell Murray, Human Rights, International Business, Joan Heminway, John Anderson, Law Reviews, Law School, Lawyering, Legislation, Litigation, M&A, Management, Marcia Narine Weldon, Nonprofits, Research/Scholarhip, Securities Regulation, Shareholders, Social Enterprise, Teaching, Unincorporated Entities, White Collar Crime | Permalink | Comments (0)

Thursday, September 23, 2021

Fifth Annual Business Law Prof Blog Symposium - Tomorrow on Zoom!

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Although we had hoped to be together again in person this year, our annual gathering of bloggers from the BLPB is back on Zoom again this year.  [sigh]  The good news for all of you readers is that you do not have to travel to Knoxville, TN to "see" and hear us!  This year's edition of "Connecting the Threads" will be held tomorrow (Friday) from 9:30 am to 4:30 pm, Eastern time.  The full schedule is available here and this is the Zoom connection for the entire day.

Here is the basic schedule, so you can get a quick lay of the land:

Schedule of Events

  • Registration / 9 - 9:30 a.m.
     
  • Introduction / 9:30 - 9:45 a.m.

    Interim Dean Doug Blaze

  • Panel I - Insider Trading in Response to Expressive Trading / 9:45 - 10:30 a.m.

    John Anderson

  • Panel II - Ten Ethics Traps for Business Lawyers / 10:30 - 11:30 a.m.

    Marcia Narine Weldon

  • Break / 11:30 - 11:45 a.m.
  • Panel III - Paying for Energy Peaks: Learning from Texas' February 2021 Power Crisis / 11:45 - 12:30 p.m.

    Colleen Baker and James Coleman

  • Lunch / 12:30 - 1 p.m.
     
  • Keynote Speaker - Securities Regulation and the Supreme Court / 1 - 1:45 p.m.

    Adam Pritchard

  • Panel V - Choice of Entity: The Fiscal Sponsorship Alternative to Nonprofit Incorporation / 1:45 - 2:30 p.m.

    Joan Heminway

  • Break / 2:30 - 2:45 p.m.
     
  • Panel VI - An Empirical Analysis of Shareholder Oppression Disputes / 2:45 - 3:30 p.m.

    Douglas Moll

  • Panel VII - Enforcing Benefit Corporation Reporting / 3:30 - 4:15 p.m.

    Haskell Murray

  • Closing / 4:15 - 4:30 p.m.
 

Each panel also features brief commentaries from a member of the UT Law faculty (full-time or adjunct) and a current UT Law student.  We hope that many of you can join us for all or part of the day to listen in.  Please contact me if you have any question.

[Editor's Apologia: I had planned to post on tomorrow's symposium earlier in the week.  But Monday (my normal blogging day for the BLPB) came and went; Tuesday and Wednesday, too.  At least I have a decent excuse.  I have somehow strained my shoulder and this is the first day this week that I can type comfortably with my right hand.  I finally gave in and saw a doctor on Tuesday evening.  No broken bones, but the mobility in my right upper arm is very limited, and movement in some directions and in some tasks is painful.  I am taking prednisone and a muscle relaxant (the latter only when needed) and the pain is significantly reduced unless I try to move my arm up or back.  That is a huge improvement over where I was on Tuesday.  More news when I have it.  Physical therapy starts Monday.  I am not looking forward to that!]

September 23, 2021 in Conferences, Joan Heminway | Permalink | Comments (0)

Monday, September 13, 2021

AALS Section on Transactional Law & Skills - Extended Submission Deadline

The Section on Transactional Law & Skills has extended its deadline for paper proposals for its program at the 2022 Annual Meeting to Friday, September 17. Submissions can be sent directly to Megan Shaner at mshaner@ou.edu. I cribbed the following from a message she wrote to the section membership last week.  (Thanks, Megan!)

The topic of the section's program this year is "Transactional Lawyering at the Intersection of Business and Societal Well-Being" and, according to the preliminary program for the conference, the program is tentatively scheduled for 11 a.m. to 12:15 p.m. on Friday, January 7, 2022. The first part of the program focuses on how to incorporate ESG issues and impact topics across the transactional curriculum, including in clinics and other experiential courses, as well as in doctrinal courses. The second part of the program consists of scholarly presentations to be selected from the Call for Papers set forth below. If you incorporate ESG, corporate social responsibility, impact investing or governance, or related topics into your scholarship in any way, you should consider submitting your paper in response to the Call for Papers.

CALL FOR PAPERS
AALS SECTION ON TRANSACTIONAL LAW AND SKILLS
Transactional Lawyering at the Intersection of Business and Societal Well-Being
2022 AALS Annual Meeting

The AALS Section on Transactional Law and Skills is pleased to announce a call for papers for its program, “Transactional Lawyering at the Intersection of Business and Societal Well-Being,” at the 2022 annual meeting of the AALS. This program will explore how ESG and broader societal considerations are increasingly influencing the flow of capital in the global marketplace, corporate governance planning, merger and acquisition activity and structures, as well as other transactional topics. The events of 2020, for example, have shifted the focus of business entity governance, equality and access in securities markets, and transactional planning and deal structures in significant and lasting ways – questioning whether current structures and systems are working well for all stakeholders and society more broadly. COVID-19 and social movements have broadened ESG efforts to include previously overlooked issues such as human resource policies (e.g., sick leave, parental leave), workplace health and safety, supply chain management, continuity and emergency planning, and diversity and inclusion hiring practices and training. In addition, proposals are being considered (and some adopted) to require gender diversity on boards of directors as well as additional disclosures related to human capital. This program will look at how transactional lawyering in a variety of contexts can address/respond to recent calls for increased consideration and balancing of ESG issues and impact topics.

The annual meeting will be held virtually from January 5-9, 2022, with the Section on Transactional Law and Skills panel scheduled for Friday, January 7, from 11 a.m.-12:15 p.m. (EST). In addition to the paper presentation, the program will feature a panel focusing on how to incorporate these topics and issues across the transactional curriculum, including in clinics and other experiential courses, as well as in doctrinal courses.

Submission Information:

The Section on Transactional Law and Skills invites any full-time faculty member of an AALS member school who has written an unpublished paper, or who is interested in writing a paper on this topic, to submit a 1 or 2-page proposal or full draft to Megan Shaner, Chair of the Section, at mshaner@ou.edu on or before September 17, 2021. Papers accepted for publication but that will not yet be published as of the 2022 meeting are also welcome. Please remove the author’s name and identifying information from the submission and instead include the author’s name and
contract information in the submission e-mail.

After review and selection by the Section’s Executive Committee, the authors of the selected papers will be notified in mid-September 2021. The Call for Paper presenters will be responsible for paying their registration fee for the conference.

Any inquiries about the Call for Papers should be submitted to the Section Chair Megan Shaner, University of Oklahoma College of Law, at mshaner@ou.edu or (405) 325-6619.

On behalf of the Section on Transactional Law and Skills

Chair: Megan W. Shaner (University of Oklahoma)
Chair-Elect: Eric Chaffee (The University of Toledo)
Past Chair: Matthew Jennejohn (Brigham Young University)

Members of the Executive Committee:

Andrea Boyack (Washburn University)
Patience Crowder (University of Denver)
Cathy Hwang (University of Virginia)
Jay Kesten (Florida State University)
Praveen Kosuri (University of Pennsylvania)
Greg Shill (University of Iowa)

September 13, 2021 in Call for Papers, Conferences, Joan Heminway, Research/Scholarhip, Social Enterprise | Permalink | Comments (0)

Monday, September 6, 2021

Business, Work, and Law on Labor Day

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It is hard to believe (at least for me), but the official calendar marker for the end of the summer now is upon us.  It is a time for smoking pork, backyard barbecues, and enjoying the pool and the beach like a kid.  It is time after which we are admonished to stop wearing white (until Memorial Day), according to conservative traditions ignored in the breach by me.  It is Labor Day.

According to the U.S. Department of Labor website:

Observed the first Monday in September, Labor Day is an annual celebration of the social and economic achievements of American workers. The holiday is rooted in the late nineteenth century, when labor activists pushed for a federal holiday to recognize the many contributions workers have made to America’s strength, prosperity, and well-being.

That history seems so important to remember today, given significant labor dislocations in the United States since the beginning of 2020.  The significant amount of illness and death attributable to COVID-19 is just the beginning of the story.  Complex social, economic, and legal factors have combined to make for volatility and dissonance in U.S. labor markets.  The U.S. Bureau of Labor Statistics recently released its August 2021 report on the national employment situation, describing trends and supplying relevant data. 

The news media has offered ongoing commentary.  I was especially drawn to an article published by The Washington Post on Saturday entitled "Why America has 8.4 million unemployed when there are 10 million job openings." Misalignments between the available jobs, on the one hand, and the obtainable, qualified labor, on the other hand, have become apparent.  "There is a fundamental mismatch between what industries have the most job openings now and how many unemployed people used to work in that industry pre-pandemic," the article offers.  The article also mentions that people are resigning and retiring in larger numbers and earlier than projected, at least in some sectors of the economy.  Entrepreneurship also is on the rise.

There has been informal and formal debate about the effect that law has had and may continue to have on our labor markets.  The mandatory shutdowns (through lockdown and stay-at-home orders) imposed by state governors in 2020, for example, certainly played a role in separating businesses from their workers. Congressionally approved federal unemployment benefits have been blamed for slower-than-expected returns to work, but as Saturday's Washington Post article notes, "in 22 states that already phased out those benefits, workers didn’t flood back to jobs."  A September 1 article in The Wall Street Journal entitled "States That Cut Unemployment Benefits Saw Limited Impact on Job Growth" (behind a paywall) offers similar observations. "Economists who have conducted their own analyses of the government data say the rates of job growth in states that ended and states that maintained the benefits are, from a statistical perspective, about the same."

Both business and law (and the lawyers that serve them) may be part of the solution as much as they are part of the problem.  Workplaces are changing and workers are changing.  The changes in each may foster changes in the other.  A June article in The New York Times notes the role of pay and benefits in the return-to-work equation, citing "the proliferation of low-paid jobs with few prospects for advancement and too little income to cover essential expenses like housing, food and health care." Others note that, to attract qualified, desirable candidates, businesses will have to focus core attention not only on worker pay and benefits, but also on other terms and conditions of employment, including the possibility of mandating, promoting, or permitting employees to engage in more remote work (whether for the benefit of the employer or the employee--or both).  But government also can refocus its efforts to support sustainable business in this changed and changing socio-economic environment.  An opinion piece from back in June in The Washington Post addressing impediments to full employment notes that: "[a]ccess to reliable child care remains a significant obstacle. So does the availability of public transit. Workers may continue to worry about risks to their own or their family’s health if they take public-facing jobs . . . ."  A May article in The Washington Post also mentions childcare availability and health care risks as factors in the decision of unemployed people to return to work.  If employers are not facilitating access to affordable and appropriate child care and transportation and are not voluntarily providing adequate protections from health care risks in the workplace, then legal or regulatory solutions may be useful if we want those businesses to survive. The coming months will be telling as we continue to address the ongoing pandemic and its direct and indirect effects on productivity.

I have always valued work.  Years ago, I found a quote (apparently misattributed, with related quotes, to the Buddha) that resonated with me: "Your work is to discover your work and then with all your heart to give yourself to it."  Yes.  I certainly have done that to great satisfaction.  I am fortunate to hold a position that has survived the effects of the pandemic to date.  I feel needed and wanted in my workplace.  I am lucky and privileged, indeed.

Congress instituted labor day as a national legal holiday on June 28, 1894, following on the adoption of similar municipal ordinances and state legislation. The Department of Labor's website notes this and concludes its history of the national holiday by highlighting the role that workers have played in the history of the United States.

American labor has raised the nation’s standard of living and contributed to the greatest production the world has ever known and the labor movement has brought us closer to the realization of our traditional ideals of economic and political democracy. It is appropriate, therefore, that the nation pays tribute on Labor Day to the creator of so much of the nation's strength, freedom, and leadership – the American worker.

Today, I hope that we can reflect on this rich history and celebrate both these aggregate contributions and our own individual work notwithstanding current uncertainties in our labor markets. 

September 6, 2021 in Employment Law, Joan Heminway, Jobs | Permalink | Comments (2)

Tuesday, August 31, 2021

Bromberg Chair - SMU Law

Dr. Anne R. Bromberg of Dallas has committed $2 million to SMU for the creation of The Alan R. Bromberg Centennial Chair in Corporate, Partnership, Business and Securities Law in honor of her late husband, a renowned professor in the SMU Dedman School of Law. The new chair will support the Law School in strengthening research and coursework in corporate, partnership, business and securities law, honoring Professor Bromberg’s prolific scholarship and mentoring style of leadership. We anticipate appointment at the rank of full professor beginning in Fall 2022. J.D. degree required. To ensure full consideration for the position, the application submitted by October 1, 2021, but the committee will continue to accept applications until the position is filled.

Applications must be submitted electronically via Interfolio (https://apply.interfolio.com/91455). These materials should include a cover letter, resume, research agenda, writing sample(s) and a list of references. Reference Position No. and (Area of Law): 00053425 (Bromberg Chair).

SMU will not discriminate in any program or activity on the basis of race, color, religion, national origin, sex, age, disability, genetic information, veteran status, sexual orientation, or gender identity and expression. The Executive Director for Access and Equity/Title IX Coordinator is designated to handle inquiries regarding nondiscrimination policies and may be reached at the Perkins Administration Building, Room 204, 6425 Boaz Lane, Dallas, TX 75205, 214-768-3601, accessequity@smu.edu.

August 31, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, August 30, 2021

South Texas Law - Seeking Faculty

SOUTH TEXAS COLLEGE OF LAW HOUSTON

Location: Houston, TX

Subjects: Criminal Law; Criminal Procedure; Evidence; Professional Responsibility; Business Associations

Start Date: August 1, 2022

South Texas College of Law Houston invites applications from entry-level or lateral faculty for up to three full-time, tenure-track positions at the assistant or associate professor level beginning in the 2022-23 academic year. Our curricular needs include criminal law, criminal procedure, evidence, professional responsibility, and corporations, with additional areas of potential interest in health, international, energy, and environmental law. We seek candidates with outstanding academic records who are committed to excellence in teaching and sustained scholarly achievement. Members of minority groups and others whose backgrounds will contribute to the diversity of the faculty are especially encouraged to apply.

South Texas College of Law Houston is committed to fulfilling our mission of providing a diverse body of students with the opportunity to obtain an exceptional legal education, preparing graduates to serve their community and the profession with distinction. The school, located in downtown Houston, was founded in 1923 and is the oldest law school in the city. South Texas is a private, nonprofit, independent law school, fully accredited by the American Bar Association and a member of the Association of American Law Schools, with 60 full-time and 60 adjunct professors serving a student body of 900 full and part-time students. South Texas is known for its collegial culture and commitment to student success. The school is home to the most decorated advocacy program in the U.S. and the nationally recognized Frank Evans Center for Conflict Resolution. Additional information regarding South Texas is available at http://www.stcl.edu.

Applications may be directed to Professor Joe Leahy, jleahy@stcl.edu.

South Texas College of Law Houston is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national or ethnic origin, ancestry, age, disability, sexual orientation, gender identity, veteran status, or any other characteristic protected by law.

August 30, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Sunday, August 29, 2021

North Dakota Law - Faculty Openings

The University of North Dakota School of Law invites applications for one or more tenure-track positions beginning fall 2022. Areas of interest include Federal Indian Law, Lawyering Skills, Civil Procedure, Business Associations, Energy, and Oil & Gas. Please feel free to share this announcement widely.

The UND School of Law seeks colleagues dedicated to fostering well-rounded and public-minded legal professionals with skills to serve as effective, self-reflective, and ethical leaders who will contribute greatly to their communities. Our distinctive character as one of the nation’s smaller public law schools—and as the sole law school in North Dakota—informs our program of legal education, which reflects a thoughtful and collaborative approach to teaching and learning. We maintain a close relationship with our state’s bench and bar and a special interest in connecting with and serving our state’s rural as well as urban populations. UND is committed to creating a welcoming atmosphere for everyone in our community, and our law school strives to cultivate a friendly and supportive learning environment to help our students develop into conscientious legal professionals. We value teachers who demonstrate intentionality and creativity and are interested in infusing their teaching with writing, research, cooperative learning, interpersonal skills, and/or other pedagogies. We also seek scholars with innovative research agendas and encourage work that transcends disciplinary boundaries, including the scholarship of teaching and learning. We desire colleagues who view service to the law school, the academy, and the legal profession as integral to their own success.

UND is committed to creating an inclusive and equitable environment that respects, acknowledges and celebrates diversity and individual differences. Successful applicants for this position will demonstrate a commitment to equity and inclusion through interest or past experience, as well as the ability to work and collaborate in a diverse, multicultural, and inclusive setting.

Interested candidates may find additional information and may apply at https://campus.und.edu/human-resources/careers/job-openings.html.

If you have any questions, please feel free to contact the UND School of Law’s Faculty Selection Committee at und.law.fsc@law.und.edu.

August 29, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Thursday, August 26, 2021

Notre Dame Law - Open Position Announcement

NOTRE DAME LAW SCHOOL may have one or more tenured or tenure-track faculty positions that will begin in Fall 2022. At the heart of a Catholic university, Notre Dame Law School aims to educate lawyers and sustain a community of scholars who understand law as a vocation—a way to serve God and humankind. Our Catholic mission also moves us to be open and welcoming to people of all viewpoints and religious traditions. The Law School’s interest is not limited to any particular subject or subjects. Applicants for these positions should possess excellence in academic background and either demonstrated excellence in scholarship and teaching or the potential for such excellence. Notre Dame is an Equal Opportunity/Affirmative Action Employer of all protected classes including veterans and individuals with disabilities. We welcome applications from women and people of color who will enrich and diversify our faculty. 

The University of Notre Dame supports the needs of dual career couples and has a Dual Career Assistance Program in place to assist relocating spouses and significant others with their job search. The University is also a member of the Greater Chicago Midwest Higher Education Recruitment Consortium. Contact: Professor Sam Bray, Vice Chair, Faculty Appointments Committee, via email at sbray@nd.edu or by mail at Notre Dame Law School, P.O. Box 780, Notre Dame, IN 46556.

August 26, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Tuesday, August 24, 2021

Georgia State Law - Open Positions - Business Law +

image from openjurist.org

Assistant/Associate Professor of Law Positions

Georgia State University College of Law invites applications for two tenure-track Assistant or Associate Professor positions to begin no later than the 2022-23 academic year. In particular, we seek candidates who will teach in one or more of the areas of contract law, corporate law, evidence, civil procedure, and commercial law.

Part of a comprehensive research university, the College of Law is a dynamic urban-centered law school located in the heart of Atlanta with approximately 650 full- and part-time law students. We seek candidates who will make substantial and meaningful scholarly contributions, participate actively in the life of the law school, and who will enhance the College of Law’s strong teaching reputation. We encourage applications from candidates who would diversify our faculty.

The faculty of Georgia State University College of Law is a collegial and accomplished community of scholars and teachers. Faculty members have published in leading law reviews and peer-reviewed journals, have authored books and book chapters, opinion pieces, and white papers, and have frequently appeared in national and international news outlets. Faculty scholarship is supported through research assistance, summer stipends, travel support, and awards. The College of Law is consistently recognized as a best-value law school and a top-ranked school for diversity and achieves excellent bar passage and post-graduate employment rates. The College of Law also features innovative and nationally renowned programs in access to justice, legal analytics, health law, metropolitan and urban growth, and sports and entertainment law.

Applicants will have a J.D. or foreign equivalent and a strong academic record. In addition, applicants should demonstrate a track record or promise in teaching and research. The successful candidates will teach 3-4 courses per academic year in the College of Law and advise graduate students. Applicants should apply with a statement of interest, full curriculum vitae, research agenda, teaching evaluations (if applicable), diversity statement (if applicable), and list of references at https://academicjobsonline.org/ajo/jobs/19259. Please note that applicants may be required to submit further documentation prior to a campus interview, including three written letters of recommendation.

Review of applications will begin immediately and continue until the positions are filled. To ensure full consideration, please submit your application by September 15, 2021. Applications received after this date may be considered at the discretion of the College of Law Recruitment Committee. For any questions related to the positions, please contact Professors Erin Fuse Brown (efusebrown@gsu.edu) or Yaniv Heled (yheled@gsu.edu).

Georgia State University, a University System of Georgia unit, is an equal opportunity educational institution and an equal opportunity/affirmative action employer. As required by Georgia State University, an appointment is contingent upon successfully demonstrating degree attainment and completing a background investigation.

August 24, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, August 23, 2021

AALS Section on Securities Regulation: CFP Deadlines Extended

Please note the deadline extensions on the following previously posted calls for papers for the 2022 AALS Annual Meeting.

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Section on Securities Regulation: Open Call for Papers

The AALS Section on Securities Regulation invites submissions for its session at the 2022 annual meeting of the AALS. The annual meeting will be held virtually from January 5-9, 2022, with Section on Securities Regulation panel scheduled for Saturday, January 8 from 12:35-1:50pm. We welcome submissions at any stage of development, although preference may be given to more fully developed papers over abstracts and paper proposals. The submission should relate to the following session description:

Equality and Access in Securities Markets

Recent years have seen increasing attention to issues of equality and access in securities markets. Nasdaq has proposed requiring listed company boards to include at least one female member and one member from an underrepresented minority. The SEC recently amended Regulation S-K to add human capital as a broad topic for disclosure, but declined to require companies to divulge diversity data. In addition to issues relevant to regulated companies, gaps remain in the gender and racial diversity of the SEC’s own commissioners and staff. More broadly, equity and access in securities markets have expanded due to Robinhood and similar modalities, as exemplified by the “meme stock” phenomenon. This panel will provide a forum for securities regulation scholars to discuss the reforms on the table as well as others that require more attention.

By August 31, 2021, please send your submission to Jackie Walters at jljamiso@illinois.edu. The authors of the selected papers will be notified in September 2021. In addition to the proposal submission please also indicate (a) whether you are tenured, pre-tenure, or other; and (b) whether you are in your first five years as a law professor (including any years spent as a fellow or visiting assistant professor).

Section on Securities Regulation: Emerging Voices in Securities Regulation

The AALS Section on Securities Regulation invites submissions from junior scholars (defined as those who have been in a tenure-track position for 7 or fewer years) for its Emerging Voices session at the 2022 AALS annual meeting. The session will be held virtually on Saturday, January 8 from 4:45-6:00 p.m. (EST). The session brings together junior and senior securities regulation scholars for the purpose of providing junior scholars feedback on their scholarship and helping them prepare their work for submission for publication. Junior scholars’ presentations of their drafts will be followed by comments from senior scholars and further audience discussion.

If you would like to present your draft as a junior scholar, by August 31, 2021, please send your draft to Professor Jeremy McClane at jmcclane@illinois.edu. We welcome submissions at any stage of development, although preference may be given to more fully developed papers over abstracts and paper proposals. The authors of the selected papers will be notified by mid-September 2021. 

If you would like to volunteer to provide feedback as a more senior scholar, please let Professor McClane know, at jmcclane@illinois.edu, by August 31, 2021. Thank you in advance for your generosity.

On behalf of the Section on Securities Regulation

Chair: Jeremy McClane (University of Illinois)
Chair-Elect: Kristin N. Johnson (Emory University)

Member of the Executive Committee:
Benjamin Edwards (University of Nevada, Las Vegas)
Gina-Gail S. Fletcher (Duke University)
Arthur B. Laby (Rutgers University)
Usha R. Rodrigues (University of Georgia)
Andrew Tuch (Washington University in St. Louis)
Yesha Yadav (Vanderbilt University)

August 23, 2021 in Conferences, Joan Heminway, Research/Scholarhip | Permalink | Comments (0)

Sunday, August 22, 2021

Idaho Law Faculty Openings!

The University of Idaho College of Law is hiring! We are searching for: (1) a tenure-track or tenured faculty member to teach Tax Law and related courses, (2) a tenure-track or tenured faculty member to direct our Entrepreneurship Law Clinic, and (3) an assistant or associate clinical professor in the area of Academic Success. More information about each of these positions is available below.

The University of Idaho is a comprehensive research institution, providing students with opportunities to study law at two locations, in Moscow and in Boise. Moscow is a vibrant college town in the Palouse region of the Inland Northwest, with affordable housing, excellent public schools, and diverse cultural offerings. Boise is one of the fastest-growing cities in the country, with thriving tech and startup communities, an exciting music scene, and a lively downtown. Both locations are in close proximity to natural beauty and outdoor recreation and have been named among the best places to live in the country.

As a land grant law school, the College is committed to public service and to providing an accessible and high-quality education in an inclusive environment. We have a strong, integrated clinical program and offer emphasis areas in Business Law & Entrepreneurship, Native American Law, and Natural Resources & Environmental Law. The University of Idaho is an affirmative action, equal opportunity employer, and we welcome and encourage qualified individuals of all backgrounds and identities to apply, including and especially those from historically underrepresented groups within the legal profession. More information about the College is available at https://www.uidaho.edu/law.

Tax

The University of Idaho College of Law seeks to hire a tenure-track or tenured faculty member in the area of Tax Law for its Moscow location. Both entry-level and lateral candidates are encouraged to apply. The faculty member will be responsible for teaching an introductory tax course, as well as other classes that may include advanced tax courses and Wills, Trusts, and Estates. The faculty member will also be responsible for mentoring students, advising students on curricular and co-curricular activities, and developing a scholarly, outreach, and engagement agenda that will enrich the scholarly and legal communities and those they serve. Candidates must have a J.D. from an accredited school or the equivalent, a distinguished academic record, a record or the promise of teaching excellence and scholarly productivity, and a record or the promise of expertise in tax law. Preferred qualifications include post-J.D. practice, clerking, or teaching experience and an interest in teaching Wills, Trusts, and Estates. Interested candidates should submit an application, including a statement of demonstrated commitment to fostering an inclusive community, at https://www.uidaho.edu/human-resources. Please direct questions to Sam Newton, the search committee chair, at samnewton@uidaho.edu<mailto:samnewton@uidaho.edu>. Priority consideration will be given to applications received by September 15, 2021.

Entrepreneurship Law Clinic

The University of Idaho College of Law seeks to hire a tenure-track faculty member to direct its Entrepreneurship Law Clinic, which serves Idaho's startup and small business community. Depending on the successful candidate's expertise and qualifications, the clinic may also operate as a USPTO Certified Trademark Clinic. The faculty member will be responsible for supervising the clinic, teaching one additional course on a related subject, mentoring and advising students, and developing a scholarly, outreach, and engagement agenda that will enrich the scholarly and legal communities and those they serve. Applicants must have a J.D. from an accredited school or the equivalent; a distinguished academic record; at least five years of post-J.D. practice or clerking experience, two of which must have been spent primarily in areas relevant to serving clients in the startup and small business community; active membership in at least one state bar and the ability to obtain Idaho State Bar admission as a supervising attorney by November 1, 2022; and a record or the promise of teaching and scholarly excellence. Preferred qualifications include clinical teaching experience and at least three years of experience in trademark prosecution before the USPTO within the last five years. Interested candidates should submit an application, including a statement of demonstrated commitment to fostering an inclusive community, at https://www.uidaho.edu/human-resources. Please direct questions to Aliza Cover, the search committee chair, at alizac@uidaho.edu<mailto:alizac@uidaho.edu>. Priority will be given to applications received by September 15, 2021.

Academic Success

The University of Idaho College of Law seeks to hire a full-time clinical faculty member to teach academic skills courses, develop and administer academic support and advising programs, and implement relevant policies, in collaboration with the College's student services team. The position is a fiscal-year appointment with faculty voting rights and associated faculty governance responsibilities. The faculty member will design, implement, and promote activities to help all College of Law students achieve their full academic and professional potential through academic skills, bar preparation, and advising programs, as well as through individualized academic counseling and advising. Applicants must have a J.D. from an accredited school or the equivalent, a distinguished academic record, and at least three years of practice, teaching, or clerking experience. Preferred qualifications include three or more years of experience in student affairs, academic success, or related job duties; passage of a bar exam in any state; teaching and/or tutoring experience in highly specialized fields, preferably law; experience working calmly and respectfully with students or others in crisis; and ability to work collaboratively in creating and delivering programming and advising related to academic success. Interested candidates should submit an application, including a statement of demonstrated commitment to fostering an inclusive community, at https://www.uidaho.edu/human-resources. Please direct questions to search committee chair Benji Cover (bcover@uidaho.edu<mailto:bcover@uidaho.edu>). Priority will be given to applications received by September 15, 2021.

August 22, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Monday, August 16, 2021

Starting the Academic Year in a Triple Pandemic (Again)

At UT Law, our orientation period for the new academic year began on Friday.  I am back in the classroom today teaching a two-session introductory period course on case briefing and legal analysis.  Regular classes begin on Wednesday.  

The struggle I had in creating my syllabi this year was real.  Under current prescriptions and proscriptions, we are teaching in person, with no physical distancing, masked.  But masks are not required throughout the building.  Moreover, while vaccination is encouraged, it is not required for faculty, staff, or students, and we are prohibited from asking faculty and staff colleagues and students about vaccination status.  There have been more student accommodation requests than usual in my large-section course.  In general, COVID-19, the political divide, and social (especially racial) unrest--which overlap to create a veritable triple pandemic--are seemingly collectively conspiring against us in so many ways, including in the educational setting.  I am feeling the weight of it all.

But undaunted, I move forward in my law teaching!  I have addressed some key concerns in my syllabi this semester.  I include two sections from my syllabi below that may be of interest.  Feel free to dismiss or use these as you will.  Most of the substance of the "COVID-19;community heatlh" piece is from language provided to campus faculty by our Provost's office, through our Teaching & Learning Innovation group (part of our Division of Faculty Affairs).  The rest comes from CDC (Centers for Disease Control and Prevention) guidance.

COVID-19; community health:  The campus administration has advised us that, with the spread of the Delta variant of COVID-19, students, faculty, and staff will be required to wear masks in classrooms, labs, and for indoor academic events required for students such as orientation. This requirement will remain in place until conditions improve and the university communicates new instructions.

The university strongly recommends that all members of the campus community be vaccinated for their own protection, to prevent disruption to the semester, and to prevent the spread of COVID-19. Vaccination information and appointment signups are available at tiny.utk.edu/vaccine. The Student Health Center medical staff is available to students to answer questions or discuss concerns about vaccines, and the center provides vaccines free of charge for anyone 18 years or older who would like one.

If you think you are sick or have been exposed to COVID-19, you should contact the Student Health Center or your preferred health care provider. You can also contact the university’s COVID-19 support team for guidance by filling out the COVID-19 self-isolation form at covidform.utk.edu.

You must not attend class if you have tested positive for COVID-19 and are in the isolation period, if you have COVID-19 symptoms and have not been cleared by a medical provider, or if you are an unvaccinated close contact in the quarantine period.

If you need to miss class for illness, please contact me by telephone at 865-974-3813 or by electronic mail at jheminwa@tennessee.edu.

Over the course of the semester, you can find more information and updates at utk.edu/coronavirus.

We also are advised that following other simple practices also promotes good health in and outside the classroom.  These include:

    • maintaining physical distance from others when possible;
    • avoiding crowds and poorly ventilated spaces;
    • frequent and thorough hand-washing;
    • covering coughs and sneezes;
    • cleaning and disinfecting high-touch surfaces; and
    • monitoring your personal health daily.

More information on observing solid general health practices in the current environment is available here

I know this is not where we all wanted to be right now in terms of public health risks in our activities together.  It remains a lot for us to deal with mentally and emotionally, as well as physically.  We remain committed to the safety and health of everyone in our community—a professional education community within a larger university campus.  As service professionals, we are counseled in the Preamble to the American Bar Association’s Model Rules of Professional Conduct to “demonstrate respect for the legal system and for those who serve it.”  And those of you who consider yourselves to be VFLs (Vols for Life) likely know that the Volunteer Creed—the heart of our campus values—similarly reminds us that we bear the torch in order to give light to others. As aspiring legal professionals and Tennessee Volunteers (a/k/a Law Vols), we therefore commit to caring for one another and for the members of the communities in which we live, work, and learn. It is important that we demonstrate professionalism and the Volunteer spirit by following health requirements and guidance as the same becomes available to us.

Civil, inclusive, professional environment:  Our classroom and course website are professional education and work settings within our overall College of Law community.  As such, they are places for open, frank, and sometimes difficult conversations and debates.  Respect, inclusion, reflection, and tolerance are values inherent to this environment.  Each class member is responsible for upholding these values in communications and other conduct.  I note also in this regard the campus principles of civility and community, which can be found at http://civility.utk.edu.  (I make a cameo appearance in the video on the principles that is found here.)  These principles are at the core of what we do.

Please help me in creating a welcoming environment for our class community.  If you use a name or pronouns other than what is represented in the course roll or might expect, please email me with your preferred name or pronouns.  Also, please offer me help in pronouncing your name correctly—either in advance or through critical feedback if I err.

There obviously is a lot of customization in this language.  But I hope that there are a few nuggets in these paragraphs that are useful to some of you.  For the sake of completeness, I should note that I am using this text in a master course syllabus and have a separate reading syllabus for each course that only includes the assignments and related instructions.

I wish all well as we begin another semester and year.

August 16, 2021 in Joan Heminway, Law School, Teaching | Permalink | Comments (0)

Sunday, August 15, 2021

New York Law School - Full-Time Tenure Track Faculty Positions

New York Law School seeks to add to the tenured and tenure-track faculty and invites applications from both entry-level and junior lateral candidates.  We are particularly interested in candidates whose scholarly work and teaching involve core curricular subjects, including constitutional law, as well as business law (e.g. corporations and financial markets).

NYLS is deeply committed to fostering an inclusive community. The School is an equal opportunity employer. We warmly welcome applications from women, members of underrepresented racial and ethnic minority groups, persons with disabilities, LGBTQI+ individuals, veterans, and all other candidates whose backgrounds, experiences, and viewpoints would contribute to the diversity of our school. To view NYLS’s Strategic Plan, visit www.nyls.edu/strategy, and for information on the School’s commitment to diversity and inclusion, see www.nyls.edu/diversity.

Salary

Highly competitive

How to Apply

Please submit a detailed curriculum vitae listing relevant legal practice and law school experience, a cover letter expressing your interest and describing your qualifications, and a list of references, to William P. LaPiana, Associate Dean for Academic Affairs, at associate.dean@nyls.edu.

About New York Law School

Founded in 1891, New York Law School (NYLS) is an independent law school located in Tribeca, the heart of New York City’s legal, government, financial, and emerging tech centers. Known as “New York’s law school,” NYLS embraces the city as its classroom by complementing a rigorous legal education with an innovative and diverse set of “uniquely New York” experiential learning opportunities. Since opening its doors, NYLS has produced graduates who have gone on to hold high elected and appointed office in the city, lead large and small firms, and gain broad recognition as captains of business and industry. Its renowned faculty of prolific scholars has built the School’s strength in key areas of the law, including business and financial services, intellectual property and privacy, and government and public interest law. NYLS has more than 18,000 graduates and currently enrolls around 1,100 students in its full-time and part-time J.D. programs. The School also offers an advanced-degree program leading to the LL.M in Taxation degree.

August 15, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Friday, August 13, 2021

SIU Law Seeks Business Law Applicants for its Lawyering Skills Program

Please note that Southern Illinois is looking for candidates in business law to apply for the position described below, even though the possible "first year or upper-level doctrinal or skills courses" are unspecified in its position description.

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Assistant Professor

SIU School of Law

Position Summary:  The School of Law at Southern Illinois University Carbondale seeks applicants for an Assistant Professor position. This is a 9-month, continuing, tenure-track, Assistant Professor position beginning January 1, 2022.

Duties and Responsibilities:  The Assistant Professor will teach Lawyering Skills I and II, which is a required first-year course for all law students, as well as first year or upper-level doctrinal or skills courses depending on the needs of the School of Law and on the successful candidate's area of expertise.  The selected individual will also participate in research/scholarly activity and other duties as assigned by the Dean.

Minimum Qualifications:  A Juris Doctor (JD) degree and a minimum of five years of legal practice.

Preferred Qualifications:  Law teaching experience; prior experience in teaching legal writing;

and an outstanding professional record.

General Information:  Southern Illinois University School of Law is an outstanding, small public law school that provides its students with an optimal mix of theoretical and experiential educational opportunities in a student-centered environment in order to prepare them for a changing legal profession in a global environment.

Deadline to Apply: 8/26/21 or until filled

Please use the following link to apply  https://jobs.siu.edu/job-details?jobid=12367

SIU Carbondale, member of the SIU System, is an anti-racist community that opposes racism, discrimination and inequity in any form, and embraces diversity, inclusion, equity, and justice for all people.

SIU Carbondale is an Affirmative Action/Equal Opportunity Employer of individuals with disabilities and protected veterans that strives to enhance its ability to develop a diverse faculty and staff and to increase its potential to serve a diverse student population. All applications are welcomed and encouraged and will receive consideration.

August 13, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)

Thursday, August 12, 2021

Michigan State Law Faculty Openings - Business Law Connections/Possibilities . . . .

Michigan State University College of Law invites candidates with a record of excellence in teaching and scholarship to apply for full-time faculty positions. We seek to hire four entry level tenure system faculty members in (1) trust and estates with a preference for a candidate who can teach trusts and estates and tax issues in trust and estate law; (2) law, technology and information; (3) health law including equity issues; and (4) one of the following areas: torts, corporations, contracts, or public international law including human rights and regional and international institutions. We also seek to hire two non-tenure system hires on a 405(c) track: (1) a Director of our Housing Clinic and (2) a Director of our (new) Intellectual Property and Entrepreneurial Clinic.

Michigan State University is the nation’s premier land-grant university, established in 1855. MSU Law’s history dates to 1891. More information about the Law College can be found at www.law.msu.edu.

MSU is committed to achieving excellence through cultural diversity. The University actively encourages applications from and nominations of people from diverse backgrounds including women, persons of color, people with diverse gender identities and sexual orientations, veterans, and persons with disabilities.

Please submit application materials to:

Professor David Blankfein-Tabachnick
Chair, Faculty Appointments Committee
MSU College of Law
dbt@law.msu.edu

August 12, 2021 in Joan Heminway, Jobs | Permalink | Comments (0)