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Category: Law School

1

Christine Hurt on Blogging and Gender

female2a.jpgChristine Hurt (law, Marquette) at the Conglomerate discusses the issue of the disparity between male and female law professor bloggers. According to my latest law professor blogger census (November 2005), about 75% are male and 25% are female.

Part of the reason may be that female law professors are still severly under-represented in the legal academy. According to a Legal Times article, about 25% of fully-tenured law professors are female. In total, about 34% of law professors are female. There’s more equality when it comes to more junior female law professors. Over the last ten years or so, about 45% of newly hired law professors have been women.

12

Blogging Without Tenure

lawprofessor5.jpgAt a panel at the AALS conference this year entitled Blogging: Scholarship or Distraction?, Randy Barnett suggested that blogging may not be wise for untenured legal scholars. [Paul Caron of TaxProf Blog (and overlord of the Caron Law Professor Blogging Empire) has the complete highlights of the panel here.]

Is blogging advisable for untenured scholars? I bet that the answer differs in each specific discipline, and I’ll focus my observations on the law. I believe that blogging can be great for untenured legal scholars, but it must be done in the right way.

I. BENEFITS

Why is blogging good for the younger legal scholar?

1. Exposure and Name-Recognition. Blogging brings a level of exposure that junior scholars often do not achieve until much later on in their careers. More people will get exposed to their ideas, read their work, and recognize their name. It often takes years of networking and publishing to develop name recognition in legal academia. Blogging provides a head start.

2. Symposium Invitations. When law reviews or professors are planning symposia, they often brainstorm about whom to invite, and those who most readily come to mind often wind up on the list of presenters. Junior scholar bloggers are at an advantage since there names are more likely to be known.

3. Exposure Beyond One’s Field. Blogging enables scholars to get exposure outside of their fields. There are many scholars whose work I generally won’t be familiar with because I’m not researching or writing in their area. Unless those scholars are particularly well-known, I won’t be too familiar with them. But I may know about them from the blogosphere. When somebody asks me who writes about corporate law, a field I know little about, I immediately think of the folks at the Conglomerate or of Dave Hoffman or Nate Oman here at Concurring Opinions.

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1

A Typical Day at the AALS Conference

aals1a.jpgFriends I Caught Up With: Many

Food: Lots

Drinks: A Few

Panels I Attended: None

Day 1 at AALS: Success!

I hope to see many readers at the happy hour tonight at 9:30 PM at Cloud. Details at this post. Remember, you need not have RSVP’d to attend.

0

AALS

I’m in D.C. for the AALS conference currently, and hoping to see at least a few of our readers at tonight’s happy hour. I’m also pleased to report that I’ve finished the hard part of grading (I’ve still got to do error-checking) so I’m free to return to blogging/teaching/writing full time (in no particular order).

Although I know that only a few of you are lawyers, I thought I’d share my delight that my students did real well on the exam, which was a tough, 24-hour, take home. A few of them even spotted and dealt with what I think is a very interesting (although on the test marginal) issue: whether a merger clause precludes judicial consideration of pre-contract notification (under Hadley) of otherwise unforseeable damages.

In other news, the WJS blog broke this spicy securities law story. Think that perhaps the relationship discussed is in trouble?

11

New Survey: Law Students Slack Off More in the Third Year

book16b.jpg

It is surprising that they needed to conduct a survey to find out this shocking news, but I guess now it’s official: students slack off more in their third year of law school. According to a Inside Higher Ed article, the data for the study is as follows:

Activity First-Year Students Second-Year Students Third-Year Students
Came to class with readings and assignments completed 93% 84% 74%
Worked on paper requiring integration of multiple sources 80% 66% 71%
Prepared two or more drafts of paper before turning it in 69% 56% 55%
Worked harder than necessary to meet professor’s expectations 61% 49% 46%
Had serious talk with students with different political, religious or

social views

70% 68% 65%
Had serious talk with students of different race and ethnicity 61% 59% 58%
Contributed to class discussions 46% 48% 51%
Worked with faculty members on non-class activities (committees, student

life, etc.)

64% 49% 47%
Participated in clinical or pro bono project 91% 69% 46%

Insider Higher Ed states that the “survey suggests a serious third-year slump afflicts them as they are about to finish their law degrees.” Although the survey’s results definitely show some slacking off in the third year, I quarrel with characterizing it as a “serious” slacking off. If anything, the slacking off isn’t as pronounced as I had expected. Indeed, the study reveals that only a small percentage of students — typically around 10% to 15% are doing the slacking. And I’m puzzled by what the survey indicates as the most significant decline: 91% participated in clinical or pro bono work in their first year and only 46% did so in their third year. That doesn’t make sense since the first year at most law schools is filled with required courses, and students don’t get a chance to try out a clinic until their second or third years of law school.

The study is available here.

Despite the slacking off, I still believe that the third year of law school is a valuable experience. In the fall of 2005, I debated with Laura Appleman whether the third year of law school should be scrapped on Legal Affairs Debate Club. I still stand by my position. Condensing law school to two years would have a very negative impact on the law school experience. I wrote:

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0

Grading Exams and Other Fun Activities

I started grading exams today. As most Profs. will tell you, grading is the least pleasant aspect of law teaching. Fortunately, at my current rapid pace of 2.5 hours per exam, I will be finished at the latest by mid-March.

On the plus side, I’ve almost finished writing my syllabus for next semester’s new seminar in Law and Economics. In preparing the course, I was reminded again of McCloskey’s fantastic little essay on The Rhetoric of Law and Economics, 86 Mich. L. Rev. 752 (1988). Well worth reading if you have a WL or Hein account.

10

Law Review Citations and Law School Rankings

columbia_law_review.jpgThere’s no shortage of writing on law reviews or law school rankings, to say the least. So why not combine the two?

Questions about law review ranking abound. How does one compare offers from journals at relatively equal schools? Is it better to publish with a journal that is more frequently cited or with one at a higher ranked law school? Is it better to publish with a main law journal at a top 40ish law school or the secondary at a top 10 law school? Questions about law school rankings abound as well, particularly for schools outside of the top 30 or so. (Or so it seems to me.)

I’m partial to citation studies as a way of judging quality. I know that citations have lots of problems as a way of ranking journals (or individual authors). However, I like the objectivity citation studies provide. And so I’m partial to the Washington and Lee Law Library’s website, which provides comprehensive data on citations to hundreds of law journals by other journals and by courts. I’ve found it useful in trying to draw some comparisons between journals. Other people often draw comparisons between journals by looking to the US News ranking of the journal’s school.

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14

My Problem With Laptops

quill.jpgProfessors often complain about students using laptops in class. Chief among the complaints is that students send e-mail and surf the web when they should be paying attention—and this is bad for the particular student and a distraction for others who can see this activity going on.

I’m not persuaded by that complaint. I can do more than one thing at once so I’m sure other people can too. Even before laptops students divided their attention between the professor and other activities—a newspaper, a crossword, reading a note. I also figure that if a student, especially in graduate school, isn’t paying attention then I’m not doing a very good job of teaching.

I also happen to like laptops.

So why this semester did I ban my first-year students in Constitutional Law from bringing laptops to class?

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46

Abolish the Bar Exam

barexam3a.jpgThe recent story in the WSJ that Kathleen Sullivan (law, Stanford) failed the Bar Exam raises anew whether the exam ought to be abolished. Before discussing this issue, I must note that I found the story to be a bit sensationalistic for the WSJ, as its main purpose seemed to be to mock Kathleen Sullivan. I was interviewed by the reporter of the story a few days ago because of my blog posts earlier this year (here, here, and here) arguing that Bar Exam should be abolished.

The reporter emailed me and wrote: “I’m a reporter with the Wall Street Journal. I’m researching arguments in favor and against the abolition of bar exams, and wondered if you might have time to share your thoughts on this matter with me today.” I spoke to him about my arguments, but he asked a few times if I could name any prominent professors or lawyers who failed. I told him I didn’t know of any and that even if I did, I would consider revealing this fact to be a bit tawdry, as failing the Bar Exam is considered an embarrassing fact. I didn’t see why it would be necessary to bring embarrassment upon a person for a story about the abolition of the Bar Exam.

I was quite surprised when I read the story, a bit peeved at not being quoted, and somewhat annoyed that the story seemed to be primarily cast as a way to showcase Sullivan’s failure rather than address the problems of the Bar Exam. The reporter did not mention Sullivan at all in my interview.

So since they didn’t make it into the story, I want to reprise my arguments against the Bar Exam. As I wrote in a post called “Bar None”:

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