ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Monday, September 2, 2024

Update from St. Thomas University School of Law

Two weeks ago, we reported on an attempt to dismiss a tenured law professor in a manner that did not accord with the procedural rights created by the university's faculty handbook.  She sued for wrongful termination.

Saint Thomas U School of Law

Last Thursday, Julianne Hill, writing for the ABA Journal reported that St. Thomas University has now reinstated Professor Lauren Gilbert but also has initiated termination proceedings against her.  In its reinstatement letter, the University reiterated its view that Professor Gilbert's acts of "insubordination" justified termination, and it added a new, unspecified charge of an "inappropriate relationship" with a student.  In response, Professor Gilbert's attorney has promised to add a defamation claim to her suit against the university.

The University seems to have handled this episode with unique incompetence. The original termination letter cited a university handbook for staff that it claimed governed its relationship with Professor Gilbert in relevant part. Its decision to reinstate her and to follow the procedures set forth in the faculty handbook suggests a total abandonment of that position, which ought to be a matter of considerable embarrassment to university counsel or outside counsel or both. 

The charges added to the reinstatement letter are extraordinarily odd.  Her termination letter cited Professor Gilbert's failure to attend graduation (with notice but without permission) as another "act of insubordination by you."  If the University was going to cite petty offenses, it might have mentioned conduct that, standing alone, would justify for-cause termination.  If, as Professor Gilbert contends, there is no basis for the allegation, the University has, at the very least, created another legal issue that will increase its costs or perhaps increase what it will have to pay to settle the matter.  

Meanwhile, because Professor Gilbert has been reinstated, she will continue to draw her salary and benefits.  However, because of the University's rather outré claim that she constitutes a threat to endanger the community and/or students, she cannot teach or even set foot on campus.  Assuming that the grounds in the original termination letter were the best justifications that the University could concoct for the summary dismissal of a tenured professor, Professor Gilbert deserves a better academic home.  But because the University has now conceded that she is entitled to full salary and benefits until the appropriate termination process is completed, she has some time to find one.

September 2, 2024 in Commentary, In the News, Labor Contracts, Law Schools, Recent Cases | Permalink | Comments (0)

Monday, August 26, 2024

Hiring at Boston University School of Law

Professor of Law /Associate Professor of Law

Boston University School of Law

BOSTON UNIVERSITY SCHOOL OF LAW, a top-tier law school with an international reputation, is a community of leading legal scholars, teachers, students, and alumni, who are dedicated to providing one of the finest legal educations in the world. Since our doors opened in 1872, we have admitted and enrolled accomplished students to our program regardless of their race, sex, and religion.  The breadth and depth of our curriculum and scholarship as well as our innovative spirit are distinctive in U.S. legal education. 

Boston University School of Law invites applications from both entry-level and experienced candidates for a number of positions with a projected start date of July 1, 2025. The search is broad and not limited to particular subjects, but we have especially strong teaching needs in Civil Procedure, Contracts, Criminal Procedure, Property, Trust and Estates, American Indian Law, AI Regulation, Professional Responsibility, Alternative Dispute Resolution,  and Private International Development Law, International Law, Bankruptcy, Housing Law, Sexuality/Gender/Gender Identity and the Law, and Land Use Law. Experienced candidates should have a distinguished record of scholarly achievement, effective teaching, active service, and a distinguished record of inclusion. Junior lateral and entry-level, tenure-track candidates should have demonstrated potential for high scholarly achievement, teaching excellence, service, and a record of inclusion. We are additionally seeking candidates for the Director of our Student Innovations Law Clinic (Clinical). Please see that individual posting for a full description.

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At Boston University School of Law, we are dedicated to building a just, inclusive, and engaged community of faculty, staff, and students. We recognize we have more work to do to achieve this vision. Boston University School of Law is committed not only to the ideals of faculty diversity and inclusion but also to the work of creating and implementing practices that combat exclusion and inequity by race, ethnicity, gender, gender identity, sexual orientation, disability status, religion, and other identities subject to historical subordination. We also strive to foster a more inclusive intellectual culture that represents and encourages a broad range of intellectual traditions and approaches to the law. We welcome expressions of interest from applicants of all identities, intellectual traditions, and perspectives.

Boson FlagBU conducts a background check on all final candidates for certain faculty and staff positions. The background check includes contacting the final candidate’s current and previous employer(s) to ask whether, in the last seven years, there has been a substantiated finding of misconduct violating that employer’s applicable sexual misconduct policies. To implement this process, the University requires a final candidate to complete and sign the form entitled “Authorization to Release Information” after execution of an offer letter.

We are an equal opportunity employer, and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, national origin, physical or mental disability, sexual orientation, gender identity, genetic information, military service, pregnancy or pregnancy-related condition, or because of marital, parental, or veteran status, or any other characteristic protected by law. We are a VEVRAA Federal Contractor.

How to Apply:

Applicants should send a letter of interest and a C.V. as soon as they are able to the Faculty Appointments Committee at [email protected]. Applications are being reviewed immediately and on a continuing basis, with priority given to those who submit early in the fall semester and are submitted prior to October 1, 2024.  All open faculty positions are pending budgetary approval.

To learn more about the law school, visit our website at www.bu.edu/law.   

August 26, 2024 in Help Wanted, Law Schools, Teaching | Permalink | Comments (0)

Friday, August 23, 2024

South Texas College of Law Is Looking to Fill Tenure Track and VAP Positions

South Texas College of Law Houston (STCL) invites applications from both entry-level and experienced faculty for one or more full-time, tenure-track positions beginning in the 2025–26 academic year. Further, STCL invites applications for visiting assistant professor (VAP) positions beginning in the 2025-26 academic year. STCL's VAPs typically serve two years in a program designed to assist individuals to transition to academia by providing mentoring, teaching experience, and scholarly support.
 
South Texas
While all candidates for tenure-track and VAP positions will be considered, we particularly seek candidates interested in teaching: Legal Research and Writing; Contracts; Criminal Law; Constitutional Law; Property; and Wills, Trusts, and Estates. We seek candidates with outstanding academic records who are committed to both excellence in teaching and sustained scholarly achievement.
 
STCL 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. STCL is known for its supportive and collegial culture and its commitment to student success. The school, located in downtown Houston, was founded in 1923 and is the oldest law school in the city. STCL 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 43 full-time, 60 adjunct, and six visiting professors serving a student body of 1109 full- and part-time students. 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.
 
Please send letters of interest and resumes to:
Professor Joe Leahy Faculty Appointments Committee, Chair

August 23, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Thursday, August 22, 2024

Mercer University School of Law Is Hiring

Hiring Announcement: Mercer University School of Law

The Mercer University School of Law invites applications for up to two entry-level or pre-tenured lateral faculty positions and one tenured faculty position, with appointments beginning in Fall 2025. We welcome applicants from all subject areas, with a particular focus on legal writing, commercial law, contracts, real property, civil procedure, business law, and remedies. We also encourage applications from truly entry-level candidates, including those without prior law teaching experience, who demonstrate significant potential for excellence in both teaching and scholarship.

Founded in 1873, Mercer University School of Law has a long tradition of producing practice-ready lawyers who are committed to service. The school has earned a reputation for providing excellent legal education with an intense focus on student and faculty interaction. With an enrollment of approximately 375 students, Mercer Law School is one of 12 schools and colleges of Mercer University, which is consistently listed among the top institutions of higher education in the nation. The School of Law is nationally recognized for its exceptional programs in legal writing, advocacy (moot court and mock trial), public service, and professionalism and ethics.

Mercer
The School of Law is located in Macon, Georgia, a city of approximately 156,000 residents. Macon is known for its rich musical heritage (e.g., Otis Redding, Little Richard, the Allman Brothers), vibrant arts community, recreational offerings (e.g., the Ocmulgee Mounds National Historic Park), and affordable cost of living. Located 85 miles from Atlanta, Macon offers the livability of a smaller city with convenient access to big-city amenities.

Mercer University recognizes the power of a diverse community and encourages applications from individuals with varied experiences, perspectives, and backgrounds. Mercer University is an AA/EEO/ADA employer.

Applicants should hold a J.D. degree from an accredited institution, demonstrate a commitment to excellence in teaching, and show potential for excellence in research and scholarship. Interested applicants should complete the brief online application at http://hr.mercer.edu/jobs/ and attach a current CV with the names and contact information of three references. For more information, contact Professor Ishaq Kundawala, Chair, Appointments Committee, Mercer University School of Law, at [email protected].

August 22, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Wednesday, August 21, 2024

Hiring in Business Law at Emory Law

Hiring Announcement: Emory University School of Law

Robert T. Thompson Professorship in Business Law

Emory University School of Law seeks applications from outstanding tenured scholars for the Robert T. Thompson Professorship in Law. This professorship recognizes outstanding achievement in scholarship and teaching in disciplines related to business law, including mergers & acquisitions, securities regulation, corporate finance, and other related business law fields.  Candidates should have exceptional records in research, teaching, and service and have attained a J.D., Ph.D., or equivalent degree. Candidates should currently hold a tenured academic appointment and should be eligible for appointment as a full professor at Emory. 

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Candidates must complete the online application which requires creating an account, uploading a resume or CV, and providing basic demographic information. In addition, applicants should submit a cover letter, a current CV, a published or unpublished academic article, a brief research agenda, and an indication of teaching interests (if not listed on the CV) to the chair of the Appointments Committee: Professor Joanna Shepherd, at [email protected]. Applications will be considered on a rolling basis. 

 

August 21, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Tuesday, August 20, 2024

Tenured Law Professor Seeks Declaratory Judgment that She Was Wrongfully Terminated

Screenshot 2024-08-16 at 11.52.56 AMProfessor Lauren Gilbert (left) has taught at the St. Thomas University School of Law since 2002, with tenure since 2009.  On July 18th of this year, she was informed by letter that her employment was terminated, effective July 19th. Here attorney tells the story over at The Faculty Lounge. The termination letter stated grounds for her termination.

Last week, Professor Gilbert filed a complaint seeking a declaratory judgment stating that she was wrongfully terminated.  She seeks reinstatement and back pay.  According to the complaint, Professor Gilbert was not terminated in accordance with procedures set out in the University's Faculty Handbook.  Until such procedures are complied with, according to the complaint, Professor Gilbert is entitled to retain her position and her salary.  

The grounds for the termination have a something old, something new, something troubling, something trivial aspect to them.  There was a serious incident in 2010 which resulted in her suspension without pay for two weeks.  There are serious allegations of a non-chalant response to an active shooter situation in 2022, which resulted in a written reprimand.  And then there were a number of incidents in the past academic year that sound to me like what happens when a faculty is factionalized and some faculty think that the administration is taking actions without proper consultation with faculty.  I have been on such a faculty, and many of us behaved badly at times.  Nobody was fired.  And in fact, much as we bickered behind close doors, faculty members continued to do their jobs, and I think we presented a united front for the students for the most part.  The last straw for St. Thomas's administration  (I'm not making this up) was that Professor Gilbert did not attend graduation.  Although she gave one month's notice that she would not attend, she neither sought nor received permission to skip the event.  This, the administration characterized as "yet another act of insubordination by you." Cue the gif of a soccer player pretending to writhe on the pitch in pain after tripping over a blade of grass.

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The termination letter then goes on to quote something called the St. Thomas University Employee Handbook, which the University claims trumps the Faculty Handbook with respect to matters "outside of the classroom and/or academic pursuits." This case will have faculty members running to check out their own university's employee handbook, of whose existence they are, at most, dimly aware.  In any case, it is some sort of a problem, although perhaps not a justiciable one, if there is significant daylight between what the Employee Handbook permits the University to do and tenure guarantees required by the relevant accrediting agencies.

Stay tuned.  Let us hope for a happy resolution for all involved.

August 20, 2024 in Current Affairs, Law Schools, Recent Cases | Permalink | Comments (3)

Friday, August 16, 2024

Golden Gate University Law Students Sue Over Law School's Closing

Golden GateAs a member of the Valparaiso University Law School diaspora, I am always intrigued by stories about closing law schools.  As Christine Charnosky reported for Law.com in March, the ABA has approved a teach-out plan for Golden Gate University Law School (the Law School), which has shuttered its J.D. program. Financial struggles and low bar passage brought down the law school. My heart goes out to faculty and staff, whose fine qualities often do not translate into financial viability or professional success for students, especially in California, given its notoriously difficult bar exam.  I know how it feels to try to keep a law school alive in such circumstances, and I hope that everyone finds a happy new home.  If it's any consolation, almost all of my colleagues from Valpo landed great jobs, while others are enjoying their retirements -- a few years ahead of schedule.  Golden Gate will continue to offer law courses for its graduate and undergraduate programs.  It's not clear how many faculty members it will retain for those purposes.

Students will be able to finish their legal training at the University of San Francisco Law School or at the Mitchell-Hamline Law School.  But not all students are accepting the offer.  In February, four students and the Golden Gate University Alumni Association filed a suit in state court alleging claims for breach of contract and fiduciary duty, promissory estoppel, fraud, and unlawful business practices.  They sought injunctive relief and the appointment of a receiver.  They followed up in June with a motion for injunctive relief.

The allegations of the complaint are based on the fact that the Law School's Dean announced the closure of the Law School at a time when the ABA had not yet approved the Law School's teach-out plan.  Doing so, the complaint alleges was a breach of a contract, embodied in the Law School's Student Handbook.  The complaint further alleges an implied contract under California law that educational institutions will not close prior to students' graduation.  As we learned from the COVID cases, whether or not a Student Handbook constitutes a contract, or whether one can be implied usually involves more than blanket allegations that, e.g., the Handbook "undoubtedly" constitutes a contract.

Mitchell-HamlineThe Promissory Estoppel claim is based on a promise to the student-plaintiffs of a three-year full-tuition scholarship.  If, as I expect, Golden Gate plans to pay the tuition for the students so that they can complete their educations at other law schools, it is hard to see how the students suffer monetary harm.  In their motion for injunctive relief, the students allege that they will be harmed by being required to move to Minnesota, so maybe that's right.  But Mitchell-Hamline offers a blended-learning program, which may have been the reason why it was chosen as a partner for the teach-out.  While the Law School has yet to detail its plans for reimbursing students for travel to Minnesota, that does seem to be the plan, as acknowledged in the brief in support of the plaintiffs' request for injunctive relief.

The remaining causes of action seem to me a stretch, but I can't claim sufficient familiarity with the relevant bodies of law to comment beyond that.  But the bigger challenge it seems to me is the appropriate remedy even if they do succeed on their claims.  The ABA has now approved the Law School's teach-out plan, so the alleged improprieties that were the original basis for the complaint seem to have been remedied, at least in part.  They seem to want the court to order Golden Gate University to allow them to complete their degrees.  But there are only four of them.  I can't see a court ordering a J.D. program to remain open because four students don't want to travel to Minnesota.  One plaintiff is foregoing her scholarship and transferring to a different law school because Mitchell-Hamline does not have a robust enough program in her desired field. 

According to Julianne Hill reporting for the ABA Journal, the court has set a hearing on the request for injunctive relief for September 13th.  By then, students will be well into their first semesters at the partner law schools.  That seems like something like a pocket denial of the injunction, and then the only question would be whether students are entitled to damages.

August 16, 2024 in Commentary, Law Schools, Recent Cases | Permalink | Comments (0)

Friday, August 9, 2024

St. John's Law Seeks Law Professors, Including in Business & Transactional Law

ST. JOHN’S UNIVERSITY SCHOOL OF LAW seeks entry-level and lateral candidates to join our dynamic faculty. We are deeply committed to equity, inclusion, and anti-racism, and are particularly interested in candidates who will enrich our diversity. We are open to a variety of teaching and scholarly interests including Business and Transactional Law, Constitutional Law, Dispute Resolution, Environmental Law, Race and the Law, and Technology and the Law and have a special interest in Trusts and Estates.  

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St. John’s Law School is located in New York City in Queens, one of the country’s most diverse urban communities. We are part of St. John’s University, a Catholic, Vincentian, metropolitan, and global institution with campuses in New York, Rome, and Paris. Committed to academic excellence, we provide an education for all people, especially those lacking economic, physical, or social advantages.   

 Celebrating its 100th anniversary in 2025, St. John’s Law School is proud of its vibrant student body, high bar passage and employment rates, and influential legal scholarship. We boast a close-knit and supportive community among faculty, students, alumni, and staff. In compliance with the NYC Pay Transparency Act, the annual hire-on rate for entry-level assistant professors is $140,000 - $150,000, plus additional compensation in the form of summer research stipends and supplemental publication awards.  Compensation for lateral candidates coming from faculty positions at other law schools is commensurate with the candidate’s experience. St. John's considers factors such as (but not limited to) scope and responsibilities of the position, candidate's work experience, education/training, key skills, and internal peer equity, as well as market and organizational considerations. 

Candidates should have demonstrated potential for high scholarly achievement, teaching excellence, service, and a record of contributing to supportive and inclusive communities. 

We will consider candidates in the AALS FAR, as well as direct applicants. Applications should include a cover letter, curriculum vitae, writing sample, a research agenda, the names of three references, and teaching evaluations (if available).  Please send these materials in a single PDF to Claire Pollicino at [email protected]. Inquiries (but not application materials) may be directed to Professor Elaine Chiu, Chair, Faculty Appointments Committee at [email protected].  

St. John’s University is an Equal Opportunity Employer that does not discriminate on the basis of race, color, national or ethnic origin, sex (including sexual harassment and sexual violence), sexual orientation, gender identity and gender expression, disability, religion, age, status in the uniformed services of the United States (including veteran status), marital status, status as a victim of domestic violence, citizenship status, genetic predisposition, carrier status, or any other classification protected under federal, state, or local law. 

August 9, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Thursday, August 8, 2024

Albany Law Needs Contracts Prof!

ASSISTANT/ASSOCIATE/PROFESSOR OF LAW
 
ALBANY LAW SCHOOL, in New York’s Capital City, invites applications from entry-level and lateral candidates for multiple faculty positions beginning in July 2025. We are committed to the diversity of our student body and faculty. We seek candidates with experience in teaching and mentoring students from groups historically excluded from higher education and the legal profession and whose work advances critical thinking on questions of importance to society. We welcome applications from qualified candidates across all areas and specializations, from core first-year classes to specialty upper-level courses. In addition, we have particular interest in candidates with expertise in the following primary areas: business law (including contracts, corporate, commercial and transactional law courses); clinic (including the Director of the Immigration Law Clinic and Director of a new Housing Clinic); Introduction to Lawyering. Secondary areas include: administrative law, legislation, regulation, tax, law & technology, intellectual property, criminal law, evidence, constitutional law and environmental/energy law.

Albany_Law_School_logo
As part of our unitary tenure system, tenure-track opportunities are available across all positions. In addition, Albany Law School is poised to begin new programming that will increase online opportunities for our students and our faculty. Applicants should express their potential interest in teaching in an online format, although an applicant’s preference with respect to teaching format will not impact their candidacy.

Qualifications
We seek candidates with a strong academic record, capacity for scholarly merit, and whose work encourages innovative and critical thinking. Applicants must hold a J.D. degree or the equivalent and demonstrate a commitment to teaching excellence. Appointment rank will be determined commensurate with the candidate’s qualifications and experience.

Seal_of_AlbanyApplication Instructions
For full consideration, applicants should apply by September 15, 2024, but we recommend that you submit your materials as soon as possible. To apply, please submit a cover letter, curriculum vitae, research agenda, writing sample, diversity statement, and the contact information for at least three references. Applicants seeking a lateral appointment are encouraged to apply as soon as possible and will be considered on a rolling basis. For more information about these opportunities, please contact Professor Jennifer Martin, Recruitment Committee Chair, at [email protected]. All applications must be submitted on our employment webpage.
 
Compensation
The estimated salary range for this position is $90,000-$160,000 per year, plus comprehensive benefits package. Salary will be based on the rank and tenure status of appointment offered, the successful candidate’s relevant experience, knowledge, skills and abilities, and in consideration of internal equity.
 
ABOUT ALBANY LAW SCHOOL: Established in 1851, ALBANY LAW SCHOOL is the oldest independent law school in the nation and the oldest law school in New York State. Our faculty are productive, collaborative, and growth oriented. We are committed to admitting and retaining a student body that represents the diversity of the society in which we live. Our students enter the law school from undergraduate institutions, other graduate studies, industry, and often as part of a career progression or change. Our graduates consistently secure employment and career advancement across several areas of practice, including government service, Big Law, and public interest. Our most recent graduating class performed over 52,176 hours of pro bono and public service work during their law school careers.

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North Pearl Street from Maiden Lane North a c. 1805 portrait by James Eights
Albany Law School’s commitment to diversity, equity, and inclusion means that our community does not discriminate on the basis of gender, gender identity or expression, race, creed, color, national origin, ethnicity, religion, disability, sexual orientation, marital status, familial status, pregnancy, domestic violence victim status, military or veteran status, genetic predisposition status, age, or any other protected characteristic under applicable local, state or federal law, in its programs and activities. We are committed to building and sustaining a more diverse, equitable, and inclusive community to address specific forms of discrimination that have historically affected the legal profession in particular. To that end, we take active steps to support this goal, including but not limited to: promoting Anti-Racism, working to actively oppose racism by advocating for changes in political, economic, and social life where necessary to overcome racial inequality; promoting Gender Justice, advocating changes necessary to ensure that everyone is treated equally and with respect and enjoys full rights and equal dignity regardless of their gender, transgender or nonbinary identity or expression, or lesbian, gay, bisexual, and queer existence; and, promoting Disability Equity, committing to ensuring the profession values access, self-determination, and an expectation and valuing of difference in terms of disability, identity, and culture.
 
ABOUT NEW YORK’S CAPITAL DISTRICT: As the home of the state capital of New York, the Capital District is a vibrant and diverse area with significant political impact both at the state and national levels. Albany, Troy, Schenectady, and Saratoga Springs are the four cities around which New York’s Capital District—a metro region with over one million in population—is centered. Boasting some of the best schools in New York, access to mountain ranges and lakes, and the robust artistic life of the Hudson Valley, the region is especially attractive for its work-life balance. In addition, the Capital District is a short drive to major metropolitan regions including Boston, New York City, and Montreal.

August 8, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Wednesday, August 7, 2024

Syracuse University Seeks Contracts Prof

Syracuse University College of Law invites applications from entry-level candidates for a tenure-track position on the law faculty.

SyracuseSyracuse University College of Law invites applications from entry-level candidates for a tenure-track position with an expected start date of August 2025. We are interested in scholars teaching and writing in the fields of contracts, commercial law, and other business law subjects. A focus on the impact of emerging technologies on these areas (blockchain, cryptocurrency, etc.) is particularly welcome. Candidates are expected to teach courses in both the residential law program and in our online JD interactive program, and can expect to teach a first-year course (Contracts) or a core upper-division course (Business Associations or Commercial Transactions), along with other courses as needed.

We are seeking individuals who are or have the potential to become outstanding scholars and excellent teachers. Candidates should have a distinguished academic record, including a J.D. from an accredited law school. Preferred post-J.D. experience and credentials include advanced degrees, judicial clerkships, relevant legal practice, or similar experience. Candidates must have the skills to effectively interact with diverse groups of students, colleagues, and community members.

The salary range for an Associate Professor, depending on experience, is $115,000 to $160,000 with benefits. Interested applicants should email a cover letter, resume, writing sample, and the names of three references who can assess the candidate’s potential as a legal academic, to Professor Lauryn Gouldin, Chair, Faculty Appointments Committee, [email protected].

Syracuse University is committed to diversity and is an equal opportunity employer. Priority consideration will be given to applications received on or before August 31, 2024.

August 7, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Tuesday, August 6, 2024

Villanova Law Seeks Contracts Prof

Villanova University Charles Widger School of Law seeks an outstanding scholar and teacher to join its faculty. We welcome applications from candidates across all areas of law, especially in the areas of Contracts and Torts. Other areas of interest include commercial law and bankruptcy.

Villanova
This tenure-track faculty position will be filled at the Assistant, Associate, or Professor level depending on the candidate’s experience and qualifications.

Villanova is a Catholic university sponsored by the Augustinian order. Diversity and inclusion have been and will continue to be an integral component of Villanova University’s mission. The University is an Equal Opportunity/Affirmative Action employer and seeks candidates who understand, respect and can contribute to the University’s mission and values.

August 6, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Monday, August 5, 2024

Texas Tech Law School Needs a Contracts & Corporate/Business Law Prof

Texas Tech University School of Law, Lubbock, Texas

Summary Information

The School of Law at Texas Tech University invites applications for a full-time, 9-month tenure-track Professor of Law position to begin in August of 2025.  The position is open to both entry-level candidates and candidates who are on the tenure-track or tenured at another school.  Candidates who satisfy Texas Tech University’s requirements to be hired with tenure will also be eligible to hold the Frank McDonald Endowed Professorship in business law.

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Required Qualifications

In line with TTU’s strategic priorities to engage and empower a diverse student body, enable innovative research and creative activities, and transform lives and communities through outreach and engaged scholarship, applicants should have experience or demonstrated potential for working with diverse student populations at the undergraduate and/or graduate levels within individual or across the areas of teaching, research/creative activity, and service.

Specific required qualifications are:

  1. Candidates should have a J.D.;
  2. Candidates should have a demonstrated potential for excellence in research, teaching, and service; and
  3. Candidates should have demonstrated potential for excellence in the areas of Contracts and in corporate/business law, such as Business Entities, Securities Regulation, Mergers & Acquisitions, and related courses.

Preferred Qualifications

In addition to the required qualifications, individuals with the following preferred qualifications are strongly encouraged to apply:  Experience teaching corporate/business law courses and scholarly publications in corporate/business law areas.

About the University and School of Law

Established in 1923, Texas Tech University is a Carnegie R1 (very high research activity) Doctoral/Research-Extensive, Hispanic Serving, and state-assisted institution. Located on a beautiful 1,850-acre campus in Lubbock, a city in West Texas with a growing metropolitan-area population of over 300,000, the university enrolls over 40,000 students with 33,000 undergraduate and 7,000 graduate students.  As the primary research institution in the western two-thirds of the state, Texas Tech University is home to 10 colleges, the Schools of Law and Veterinary Medicine, and the Graduate School.  The flagship of the Texas Tech University System, Texas Tech is dedicated to student success by preparing learners to be ethical leaders for a diverse and globally competitive workforce.  It is committed to enhancing the cultural and economic development of the state, nation, and world.

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The School of Law has approximately 440 students and 38 full-time faculty members.  The School of Law is an integral part of the University and offers 10 dual-degree programs with other Texas Tech schools and colleges. The School of Law has a strong focus on students and is committed to a practical education to produce practice-ready graduates.

Flag_of_Lubbock _TexasAbout Lubbock

Referred to as the “Hub City” because it serves as the educational, cultural, economic, and health care hub of the South Plains region, Lubbock boasts a diverse population and a strong connection to community, history, and land.  With a mild climate, highly rated public schools, and a low cost of living, Lubbock is a family-friendly community that is ranked as one of the best places to live in Texas.  Lubbock is home to a celebrated and ever-evolving music scene, a vibrant arts community, and is within driving distance of Dallas, Austin, Santa Fe, and other major metropolitan cities.  Lubbock’s Convention & Visitors Bureau provides a comprehensive overview of the Lubbock community and its resources, programs, events, and histories.

Equal Opportunity Statement

All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, age, disability, genetic information or status as a protected veteran.

To Apply for this Position

Please include the following documents in your application at the Texas Tech Jobs website  https://www.depts.ttu.edu/hr/workattexastech/

  • Curriculum Vitae
  • Cover Letter
  • List of references

Questions about this position should be directed to Jarod Gonzalez, J. Hadley and Helen Edgar Professor of Law and Chair, Faculty Appointments Committee at [email protected]. For your application to be considered, you must submit it at the Texas Tech Jobs website. If you need assistance with the application process, contact Human Resources, Talent Acquisition at [email protected] or 806-742-3851.

Application Process

Submission of applications is preferred by September 16, 2024. To ensure full consideration, please complete an online application at https://www.depts.ttu.edu/hr/workattexastech/ Requisition # 38114BR. 

August 5, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Monday, April 29, 2024

Law Review Contracts

In Spring 2023, I was lucky enough to have one of my articles accepted for publication in a law review.  Of course, the offer was contingent on agreement to terms, but I didn't give that much thought.  Early in my career, I engaged in some negotiating with law reviews about my right to post drafts online prior to publication, but that practice is now so common that the standard contracts allow for pre-publication posting of drafts. 

However, this contract had two provisions that I found objectionable.  One was a blanket indemnification provision, which required me to pay fees and costs should the university pay a judgment or settlement in connection with any breach of the contract by me.  The other essentially rendered the agreement illusory by granting the law review the right to withdraw its offer of publication at any point in the process for any reason.  The law review must notify me of its reasons for the withdrawal, but the contract gives me no opportunity to object, so the notice provision is not helpful, beyond its value as evidence in litigation, the cost of which I would have to bear should I lose.

I surveyed colleagues about how to handle this situation.  I suspect that most professors just sign these things without much thought, as the likelihood of litigation or liability associated with legal publications is vanishingly slight.  Some law professors shared with me that they have just crossed out objectionable language and returned the documents, assuming that the law review editors will not pay much more attention to these matters than we do.  Others try to negotiate, and some told me that they had withdrawn their articles upon being told that the law review would not change its contractual terms. 

Some colleagues who have served as advisors to law reviews lamented the careless contracts that they found upon assuming the role.  They consulted with university counsel and soon contracts more protective of the universities' interests were drawn up and set in stone.  Faculty advisors were told that they contracts could not be changed; they communicated the same message to student editors, and so things remain until institutional memory fades.

I wrote to my student editors requesting that two provisions of the contract be removed or edited.  As I feared, they responded that university counsel would not permit any changes in the contract, and they knew this because another author had requested changes, and they had been told that they could not accommodate any changes.  I wonder what became of that author's submission.

Aaup-logoSome colleagues suggested that I might insure against this risk, so I looked into it.  The American Association of University Professors AAUP) provides limited coverage, but it does not cover all of the most likely risks attendant to publication, and the combined cost of joining AAUP and buying the insurance would exceed $500.  I next considered whether a general business liability insurance policy might do the trick and be a bit less expensive.  Nope.  Errors and omissions policies exist for publishers, but getting an insurer to write a policy for an author would be prohibitively expensive.  

At this point it occurred to me that the law review with which I was hoping to publish is housed at a university with a university press.  It follows that the university likely already has coverage that addresses precisely the risks for which it was seeking indemnification from me.  I spoke to a relative who had a long-time career as an underwriter, and he reckoned that such coverage comes pretty cheap to a university, as a rider or addition to its general commercial liability coverage.  

Armed with these surmises, I wrote to my student editors again.  It seems to me that the indemnification language in their contract is a solution in search of a problem.  I also proposed language that would allow them to terminate the agreement for cause, with notice and opportunity to cure, so as not to render their promise to publish illusory.  I asked them to share my concerns with their faculty advisor and university counsel.   Otherwise, I was going to have to withdraw my piece reluctantly.

Of course, the students are just caught in the middle.  They don't have any say in the verbiage in their form contract.  They liked my article, took the time to read it, discuss it, consider it for publication through their own internal processes.  They wanted to publish it.  The contract was an obstacle that might make all of the work that they had done thus far a waste of time.  Meanwhile, the opportunity to make offers to other authors may have passed.

The whole experience saddens me both as a contracts teacher and from an institutional perspective.  As a contracts teacher, I try to persuade my students that, because contracts facilitate mutually beneficial transactions, if they really want to make the world a better place, they should consider transactional work as a possibility.  If they do consumer contracts, they can help police one-sided transactions to strive for contractual approaches that allocate risk and reward in a socially responsible manner.  But experiences like this one remind me that one-sided contracts can sow distrust and thus prevent mutually beneficial transactions from arising, as I previously noted here.  I had hoped to work with this law review, as I have worked with dozens of others, and now that might not happen.  The benefits on both sides are largely intangible but not negligible.

From an institutional perspective, I think this problem arises because of a few bad actors – authors who malign others, treat law review editors shabbily, or fail to diligently respond to reminders about deadlines. University counsel might not think that a law review is an enterprise important enough to justify risk of exposure to liability, even if that risk is very slight.  If I were to pull my piece, it would have zero impact on the rank or reputation of the law review.  The law review would publish something else.  University counsel thus has little incentive to change the terms of a contract that it regards as protective of the university’s interests. 

But university counsel is focused on risk management, and without forceful advocacy, they will prioritize those business concerns over furtherance of the university’s educational and scholarly mission. Moreover, given the networks of law review editors, faculty advisors and university counsel, all law reviews may soon adopt similar contracts.  Untenured professors will then have no choice but to put up with contract terms that are so one-sided that they would raise serious questions of unconscionability but for the likelihood that a court will treat law professors as sophisticated parties.  Contracts Profs know that sophistication doesn't help when an entire industry adopts similar, one-sided terms.  

My university's general counsel teaches at our law school, and she's a good egg, so I sought her advice on the matter.  I expected that she would give me insights as to how this all looks from the university counsel perspective, but she was as appalled by the language in the contract as I was.  She offered to call her counterpart at the law review's institution to see if hearing from a peer might yield some results.  She thought there was a reciprocity problem. Universities need professors.  Professors need to be able to publish (often through other universities publications) without putting their financial stability at risk.  But then she thought about our university's  insurance coverage and suggested that our policy might cover me in the case of a law suit relating to my professional activities.  After researching the issue, she concluded that it was not clear that our policy would protect me, and she advised me not to sign the contract.

Even if my university's insurer could provide a solution for me as to my own exposure, there would still be the other provision, which allows the law review to withdraw its acceptance at any point for any reason.  In future submission cycles, I will begin negotiating the contractual terms before I withdraw my piece from consideration elsewhere, and my ability to find a law review with reasonable contractual terms will be an important component of my decision where to publish.  But if, as I expect, law review contracts converge on language that leaves authors exposed and unprotected, I may just conclude that the world can live without my scholarship and I can live without the risks associated with publication.

In the end, I was able to get the law review editors to appeal to their university counsel and accept some of the revised language that I offered.  It didn't give me all the protection I wanted, but it gave me enough that I did not lose any more sleep over the issue. Screenshot 2024-04-27 at 4.56.03 AMThis year, I took a break from the student publication mishegoss, and just published with my law school's Law Review, after reviewing their wholly unobjectionable terms.  Given that people are far more likely to come across my work on the web than through a publication, it seems like the reasonable choice, and working with our editors was very easy and enjoyable.  

April 29, 2024 in Commentary, Law Schools, Teaching, True Contracts | Permalink | Comments (8)

Monday, April 22, 2024

Entries in the Third Annual Cardozo Cup Competition

This is the third year that I have asked my OCU law contracts students to create works of art commemorating Judge Cardozo.  The winner gets their name inscribed on the Cardozo Cup.  The first winner was Ethan Toutellotte, who wrote a rap in honor of Cardozo, and is now all grown up and ready to graduate.  Last year, Eric Davis wowed us with two paintings of Judge Cardozo, winning out ahead of a fiercely competitive field.

This year has brought seven new entries, pictured below.  My photography cannot do justice to these wonderful creations.

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April 22, 2024 in Law Schools, Teaching | Permalink | Comments (1)

Friday, April 12, 2024

Contracts Adjacent News: University of Oklahoma Position in Commercial Law

University of Oklahoma College of Law Seeking Visiting Faculty Spring 2025

University of Oklahoma College of Law is pleased to announce that it is currently seeking applicants for visiting professor position(s) for Spring 2025 of the upcoming academic year. The law school has a number of curricular needs, but is especially interested in candidates specializing in bankruptcy, secured transactions, consumer law and finance, and payment systems.

Screenshot 2024-04-12 at 6.00.13 AMVisiting faculty are responsible for teaching and assessing law students in their courses. There are no required scholarship or service obligations, although opportunities for both will be available if desired. A candidate must have a J.D. degree from an ABA accredited law school, demonstrated expertise in the area of law covered by their course package, and a commitment to teaching excellence. The visiting faculty member will need to be in residence in Norman or be willing to commute to Norman to teach classes and hold office hours a minimum of 3 days a week.

Founded in 1909, the University of Oklahoma College of Law is Oklahoma's only public law school and was ranked 51st best law school in the nation by U.S. News Report in 2023. OU Law is the academic home of more than 800 students enrolled in Juris Doctor, Master of Laws, Master of Legal Studies, Paralegal Studies and various dual-degree programs. With small sections and class sizes, OU Law encourages a strong sense of community, accomplished faculty who boast international expertise, and a state-of-the-art facility featuring study rooms, court rooms and classrooms equipped with the latest technology.

Norman is a vibrant college town with walkable, tree-lined streets and plenty to see and do. Campus Corner is an historic four-block area exploding with shops, services, and restaurants. Annual events and festivals bring together residents and visitors by the thousands, such as the Norman Medieval Fair, Norman Music Festival, Jazz in June, and the Summer Breeze Concert Series. The city is home to more than 50 parks and recreational areas, including various sports complexes, pools, and a range of museums and theatres.

To apply, please send a copy of your CV and a list of three references to Melissa Mortazavi, Associate Dean for Academic Affairs, [email protected]

April 12, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Wednesday, February 28, 2024

The Best People Leave

Alex GeisingerWhen I got my first teaching job at Valparaiso University Law School, there was a core of people who were on the hiring committee and also became my close friends almost immediately upon my arrival.  Because they were at Valparaiso, I knew that it would be a good fit for me, They were dedicated teachers, innovative scholars, and colleagues devoted to helping our students learn and thrive as professionals and people.  They were committed to the place in the same ways as I was.  There were also great people at the university, so I had an interdisciplinary community of colleagues.

One of my law school colleagues was Alex Geisinger, who became a mentor and a friend.  He was on the committee that hired me.  He took the lead in helping me to understand the dynamics of the small community I had joined.  One of Alex's valuable assets was his honesty, and so he warned me about Valparaiso University (Valpo): "The best people leave."  

Of my close friends at Valpo, Alex was the first to leave.  He left to help Drexel gets its law school off the ground.  I had to be happy for Alex.  It was a great move for him and his family, but it was a bitter blow.  Not only had Alex been a great mentor for me in my teaching and scholarship, he was someone I could have a coffee with regularly, and his son, Michael, exactly one year older that my daughter, Sophie, was among Sophie's most regular playmates.  Alex always called Michael, "The Boy," and I still call Sophie, "The Child."  The Boy and The Child would play, while Alex and I would talk about teaching, and behavioral economics, and law school politics, and university politics, and politics politics, and life/work balance, and living in the Midwest when you don't really feel like you belong in the Midwest.  

I wrote previously about my commitment to community and how I felt that I belonged to a community when I started teaching at Valpo.  Alex was at the heart of that community, and he continued the connection after leaving.  When I got a one-semester sabbatical, Alex got me a visiting position at Drexel so that I could have full year away from Valpo, which was not always a happy place for me.  I had a wonderful experience teaching at Drexel and spending three days a week in the heart of Philadelphia.  Alex came back to Valpo to visit, we met up at conferences at every opportunity, and he kept in touch with our colleagues even after we all dispersed, making sure that we were all up to date on each other's lives.

I learned last night that Alex died this week while traveling with his family in Malaysia.  We lost colleagues at Valpo before, but among my small circle of close friends, Alex was once again the first to leave.  It is the bitterest of blows.

February 28, 2024 in Law Schools, Teaching | Permalink | Comments (4)

Monday, February 19, 2024

Hiring at the University of Arkansas Little Rock Bowen School of Law

William H. Bowen School of Law

University of Arkansas at Little Rock

POSITION ANNOUNCEMENT FOR VISITING PROFESSORS OF LAW

            The William H. Bowen School of Law at the University of Arkansas at Little Rock announces a search for two (2) Visiting Professors of Law. One of the positions will be asked to teach first-year Civil Procedure; the other will be asked to teach first-year Contracts. Other classes sought to be taught by these visitors may include Administrative Law, Employment Law, Legislation, Professional Responsibility, and Sales.

            A search to fill both positions as tenure-track hires will commence in August 2024; the visitors will be eligible to apply.

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Visitors will be encouraged to participate in the intellectual life of Bowen, as well as to integrate themselves into the life of the bench, bar and close-knit local legal community. Mentorship and support for scholarship will also be available to the extent visitors wish.

            Bowen is a student-focused and welcoming school of law located downtown in Arkansas’ capitol city, providing ready access to the state courts, legislative and administrative agencies, and in one of the most affordable and pleasant small cities in the country. Bowen’s three core values are to advance access to justice, public service, and professionalism. To that end, the School of Law’s rigorous curriculum balances theory, skill development and extensive experiential learning opportunities. Students have numerous options to assist faculty – including visitors – with academic research and public service, including in one of Bowen’s seven legal clinics, or with its new Bowen Center for Racial Justice and Criminal Justice Reform.

The positions begin in August, 2024. The search to fill them will continue until satisfactory candidates are hired. Candidates are encouraged to apply early. Before May 1, 2024, interested individuals should send a statement of interest and current C.V. to Professor Aaron Schwabach, Chair, Faculty Hiring Committee, by email: [email protected]. After May 1, 2024, applications should be sent to Professor and Associate Dean for Academic Affairs Lindsey Gustafson, [email protected].

February 19, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Tuesday, February 6, 2024

OCU Law Seeks Executive Director of the Tribal Sovereignty Institute and Professor of Law

OCU Law SchoolI am very excited to announce that my law school is creating a new Tribal Sovereignty Institute.  As Chair of the Faculty Appointments Committee, I get to lead the search.  Applicants with an interest in contracts law are welcome, but then again, so are applicants with other interests in addition to expertise American Indian Law.

OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW (OCU Law) invites applications to fill a tenured or tenure-track 12-month position in American Indian Law.  The successful applicant, in addition to being a faculty member, will also be the inaugural Executive Director of the Oklahoma City University Tribal Sovereignty Institute (the Institute), which will be housed at OCU Law.  We welcome candidates whose approaches in research will add to the scope and depth of our faculty scholarship.

Screenshot 2024-02-05 at 6.46.22 PMApplicants should have a lengthy history of scholarship in the area of American Indian Law and/or Tribal Law.  The successful applicant will teach classes at OCU Law and produce scholarship commensurate with the expectations for a tenured professor.  The Executive Director will help build a vital new institution serving tribal communities in Oklahoma and throughout the United States.   The Institute will provide support for academic research, teaching and advocacy, education, training, and cultural preservation.  The Executive Director will be expected to share the Institute’s scholarship on a state and national level, support fundraising efforts to expand the Institute’s mission, guide the planning and implementation of the Institute as it grows, supervise future staff additions to the Institute, and oversee existing activities at the University related to Native and Indigenous communities, including the American Indian Wills Clinic, the Sovereignty Symposium, and efforts in language preservation, cultural preservation and economic development.    

The Executive Director will work closely with the Dean of OCU Law, the University President, and other senior leaders in the institution.  The salary for the position will be that of a law professor of appropriate rank, supplemented with the salary associated with the Executive Director.

Candidates should have an excellent academic background, demonstrated ability as a productive and innovative scholar, a strong commitment to the practice of inclusion, and a strong commitment to engaged classroom teaching.  In addition, candidates should have administrative experience, as well as experience in leadership roles and in public outreach, including outreach through communications directed at both the legal community and lay people.  Candidates must have either (1) a J.D. degree from an ABA-accredited law school or (2) the combination of a foreign law degree and either a U.S. LL.M. or S.J.D. degree.

OCU Law is located in downtown Oklahoma City and is deeply engaged with the legal, business, and governmental communities.  Oklahoma City has been named “American’s Most Livable Community” and is consistently ranked among the most affordable and prosperous cities, among the top cities for entrepreneurs and small businesses, and among the best-run large cities.  

Oklahoma City University is an equal opportunity employer and affirms the values and goals of diversity.  We encourage applications from candidates of all backgrounds, particularly members of groups underrepresented in the teaching or practice of law.  For the university’s complete nondiscrimination policy, please see:  https://www.okcu.edu/admin/hr/eeoc.

To apply, please submit a cover letter, curriculum vitae, and job-talk paper to the Chair of the OCU Law Faculty Appointments Committee, Professor Jeremy Telman, [email protected].  Review of applications will begin immediately and continue until the position is filled.

February 6, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Howard University School of Law Needs Visiting Professors!

Screenshot 2024-02-01 at 5.55.53 PMHOWARD UNIVERSITY SCHOOL OF LAW invites applications for two visiting faculty positions during the 2024-2025 academic year. Howard University, a culturally diverse, comprehensive, research intensive and historically Black private university, provides an educational experience of exceptional quality at the undergraduate, graduate, and professional levels to students of high academic standing and potential.

Position 1 – We are hiring a visiting law professor for a full-year podium visit. This professor will teach one section of our first-year contracts course, which is a full year course. In addition to the contracts course, we are open to a wide range of other offerings in both semesters with a particular interest in business courses and upper level writing seminars.

Position 2 – We are hiring a visiting law professor for a Fall 2024 podium visit. This professor will teach one section of our fall first-year civil procedure course. In addition to the civil procedure course, we are open to a wide range of other offerings in the fall semester with a particular interest in business courses and upper level writing seminars.

For both positions, we invite applications from persons with all levels of experience (practitioners, junior faculty, experienced faculty, etc.). Candidates must have a J.D. from an accredited law school, distinguished academic or professional credentials, and either great pedagogical promise or a record of excellence in teaching.

Applicants should be prepared to spend significant contact hours with students outside of the classroom. Interested persons should send a cover letter, curriculum vitae, teaching evaluations (if available), references, and subject area preferences to Professor Darin Johnson, Chair of the Initial Appointments Subcommittee, at [email protected], and to Ms. Kimberly Pennamon, Director of Faculty Services, at [email protected]. Howard University School of Law is committed to a diverse faculty, staff, and student body. Howard University is an equal opportunity employer and does not discriminate on any grounds prohibited by federal or DC law. Applications will be considered on a rolling basis. Priority consideration will be given to those applications received by Wednesday, February 7, 2024.

February 6, 2024 in Help Wanted, Law Schools | Permalink | Comments (0)

Monday, February 5, 2024

Project on Foundations of Private Law at Harvard Seeks Postdoctoral Fellow

Screenshot 2024-02-05 at 6.03.09 AMThe Project on the Foundations of Private Law at Harvard Law School is seeking applicants for full-time, one- to two-year residential appointments, starting in the fall of 2024. The Project on the Foundations of Private Law is an interdisciplinary research program at Harvard Law School dedicated to scholarly research in private law. Applicants should be aspiring academics with a primary interest in one or more of property, contracts, torts, intellectual property, commercial law, unjust enrichment, restitution, equity, and remedies. The Project seeks applicants with a serious interest in legal structures and institutions, and welcomes a variety of perspectives, including economics, history, philosophy, and comparative law.

Application materials are due to Bradford Conner (conner at law.harvard.edu) by 9:00 a.m. on March 5, 2024. Details on both the fellowship and the application can be found at https://plproject.law.harvard.edu/people/

under "Apply to be a Postdoctoral Fellow."

February 5, 2024 in Help Wanted, Law Schools | Permalink