Category Archives: Legal Academia

Job Announcement: “Executive Director for UCLA Law School Office of Public Interest Programs”

UCLA Law School is hiring a new ED for our Office of Public Interest Programs. Broad responsibilities include our specialization in public interest law & policy, student pro bono initiatives, supporting public interest career development, and more. Announcement attached and linked here: https://recruit.apo.ucla.edu/apply/JPF02706.

Call for Papers: Centre for Ethics and Poverty Research of the University of Salzburg on “2017 Salzburg Conference in Interdisciplinary Poverty Research, Focus Theme: Religion and Poverty”

Call for Papers: Centre for Ethics and Poverty Research of the University of Salzburg on “2017 Salzburg Conference in Interdisciplinary Poverty Research, Focus Theme: Religion and Poverty,” Sept. 21-22, 2017.

The Centre for Ethics and Poverty Research of the University of Salzburg happily announces the call for papers for its 2017 Salzburg Conference in Interdisciplinary Poverty Research. The focus theme of the conference will be religion and poverty. …

The Organizing Committee invites submissions of proposals for single papers and thematic panels in all areas of poverty research but special attention will be given to those concerned with the 2017 focus theme of religion and poverty.

Possible topics [sic] for the general theme sessions are, among others, current trends in poverty, inequality and social exclusion, poverty trends of different groups (minorities, age, gender, disability, unemployment), analysis of the economic, social and cultural processes underlying poverty, the effects of poverty on health, well-being, education, and inclusion, conceptualizations of poverty, methodologies of poverty research, the effectiveness of poverty alleviation measures and policy responses, and research on safety nets and welfare.

Possible topics for the focus theme sessions are, among others, the relation of religion and poverty and inequality in different states and world regions, religion as a factor in development, faith-based organisations and poverty alleviation, extent and causes of poverty and social exclusion of religious groups and minorities, religious perspectives on poverty, and theological responses to poverty and inequality.

Please submit abstracts for single papers and panels via the submission form on the conference homepage. In case that you encounter difficulties using this form, please contact the organizers via e-mail.

The deadline for submitting abstracts for single papers and panels is 31 March 2017. Decisions will be communicated until 30 April 2017.

Contact Info: 

Gottfried Schweiger, Centre for Ethics and Poverty Research, University of Salzburg

Article: “Lessons Learned from Ferguson: Ending Abusive Collection of Criminal Justice Debt”

Article: Neil L. Sobol, “Lessons Learned from Ferguson: Ending Abusive Collection of Criminal Justice Debt,” 15 U. Md. L.J. Race Relig. Gender & Class 293 (2015).

On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report and discusses the major points to be learned from the allegations in Ferguson. The lessons learned from Ferguson should be a guide to other municipalities that are or may be on the brink of developing similar abusive collection practices.

New Article: “When Interests Converge: An Access-to-Justice Mission for Law Schools”

New Article: Raymond H. Brescia, “When Interests Converge: An Access-to-Justice Mission for Law Schools,” Geo. J. on Poverty L. & Pol’y (forthcoming).

In recent years, law schools have faced a crisis brought on by the external forces of technology, automation, and legal process outsourcing that has translated into poor job prospects for their graduates, and, in turn, a diminution in the number of students interested in attending law schools. Such external phenomena are joined by internal critiques of law schools: that they have failed to educate their students adequately for the practice of law and have adopted dubious strategies without a defining mission, all at a time when the market for legal services seems to be changing, perhaps dramatically. Paradoxically, while graduates face diminished job prospects, there is still a vast justice gap: the inability of millions of Americans to obtain legal assistance when facing a legal problem. There is thus an interest convergence between those who might want access to a lawyer and the law schools that strive to educate the next generation of lawyers and the ones after that. This Article uses this interest convergence — and the late Derrick Bell’s “Interest Convergence Theory” as a lens through which to view it — as an opportunity for law schools to retool their missions to confront the access-to-justice crisis facing many Americans. It argues that law schools should embrace an access-to-justice component to their missions to help increase demand for legal services, re-establish the value of legal assistance to the community, restore the importance of the legal profession in preserving and extending societally important rights and interests, and improve the demand for legal education.

 

Article: “Law and Macroeconomics: The Law and Economics of Recessions”

New Article: Yair Listoken, “Law and Microeconomics: The Law and Economics of Recessions,” Yale Law School Public Research Paper (Sept. 2016).

In this Article, I offer a macroeconomic perspective on law that reshapes the microeconomic perspective that currently dominates law and economics. I argue that 1. The economy works one way in ordinary economic conditions, in which supply capacity determines output, and a different way in deep recessions, in which demand for spending determines output. 2. Because the economy functions differently in deep recessions than in ordinary times, a law causes one set of effects in deep recessions and a different set of effects at other times. 3. Because the same law has different effects at different times, law should be different in deep recessions than in other times. Specifically, law should do more to promote spending in deep recessions than in ordinary economic conditions. Because the stakes of deep recessions are so high (tens of trillions of dollars in lost output, countless lives impaired, and political upheaval), I argue that the (significant) costs associated with introducing macroeconomics into law are worth bearing.

 

New Article: “Lawyers, Power, and Strategic Expertise”

New Article: Colleen F. Shanahan, Anna E. Carpenter & Alyx Mark, Lawyers, Power, and Strategic Expertise, 93 Denv. U. L. Rev. 469 (2016).  Abstract below:

This empirical study analyzes the experience of the parties described above, specifically the power, representation, and strategic expertise they bring to a dispute. Our analysis of these factors clarifies how representation may be a solution to the access to justice crisis. We find that a representative helps most parties most of the time. We also find that the other party’s representation and the representative’s strategic expertise are significant factors for understanding representation for civil litigants.

This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and deepest collection of data about representation in recent years. The analysis shows wide disparity in representation, with employers (the more powerful party to a dispute or the quintessential “haves”) represented twice as often as claimants (the less powerful party or the “have nots”), as well as a notable difference in parties’ use of procedures in hearings. Using difference-in-proportions tests, this Article examines the interaction of party power and representation and finds that represented parties have better case outcomes than unrepresented parties, though employers see less benefit from legal representation than claimants. In addition, the Article confirms the intuitive result that represented parties are more likely to use procedures than unrepresented parties. Yet, surprisingly, the Article finds that represented claimants who use certain evidentiary procedures have worse case outcomes than represented claimants who do not use those same procedures.

We recommend that any policy solution to the country’s civil litigation crisis, whether it is a right to civil counsel, unbundled legal services, lay advocacy, or pro se court reform, must account for these factors. To achieve this goal, we call for a deeper understanding of representation in context.

Job Posting: Rutgers Law School

Rutgers Law School seeks candidates with a demonstrated commitment to social justice, as reflected in their scholarship and research, for tenured-faculty positions in its Newark location.  Candidates should have a record of excellence in legal scholarship, teaching, and institutional service.  Experience in legal practice, policy advocacy, or other forms of applied research related to social justice is also a plus.  The Law School values faculty diversity and strongly encourages candidates from traditionally underrepresented backgrounds to apply.

This hiring initiative is funded by the Rutgers University-Newark (RU-N) Chancellor to enhance the university’s strategic plan (see here) of fostering interdisciplinary collaboration and engagement across RU-N’s academic departments and to promote RU-N’s role as an anchor institution that leverages its scholarly expertise and civic interest to advance opportunity in and around the greater Newark metropolitan area.  Thus, candidates ideally should have an interest in participating in cross-disciplinary initiatives within RU-N, in partnering with communities and organizations outside the university, and/or in advancing opportunity in and around the greater Newark metropolitan area.

Interested candidates should send a CV and a list of references by November 1, 2016 to the attention of Mary Anne Moore, mmoore@kinoy.rutgers.edu

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Job Posting: “Loyola University Chicago School of Law”

Loyola University Chicago School of Law is seeking applicants for the position of Clinical Professor of Law and Director of its Health Justice Project.  The Health Justice Project is a medical-legal partnership (“MLP”) of Loyola’s School of Law, the Erie Family Health Center (a Federally Qualified Health Center), and the Legal Assistance Foundation of Chicago. The Health Justice project includes a legal clinic which involves law students in direct client representation and policy advocacy to address the social determinants of health affecting low-income patients of Erie Family Health Center.  Founded in 2010, the Health Justice Project is part of the School of Law’s Beazley Institute for Health Law and Policy.  Students in the schools of public health and medicine at Loyola also may enroll in the clinic.

A full description is here: health-justice-project-loyola-law-chicago. Review of applications will begin October 1, 2016, with the goal of selecting a candidate by the end of the year.  Position to begin July 1, 2017.

Applications should be submitted online: www.careers.luc.edu/applicants/Central?quickFind=59238.   Please feel free to contact me at aweinbe@luc.edu if you have questions.

News Article: “The Purpose of Harvard Law School”

News Article: Marina N. Bolotnikova, “The Purpose of Harvard Law School,” Harvard Magazine, Sept. 17, 2016.

Article: “Rebellious Strains in Transactional Lawyering for Underserved Entrepreneurs and Community Groups”

New Article: Paul R. Tremblay, Rebellious Strains in Transactional Lawyering for Underserved Entrepreneurs and Community Groups, 23 Clinical L. Rev. (forthcoming 2016).

In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald López disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply López’s critiques to the work of those practitioners.

I argue here that transactional legal services, or TLS, on behalf of subordinated clients achieves many of the aims of the Rebellious Lawyering project. I separate TLS on behalf of individual entrepreneurs from a more collective TLS on behalf of community or worker groups. For practitioners working with entrepreneurs, the Essay observes that client power, control, and autonomy are more readily achieved, albeit through what López might describe as quite regnant practices. Those practices, I argue, are fully justified in this context. What TLS for entrepreneurs does not accomplish, though, is community mobilization, a downside that is regrettable but not a reason to eschew that kind of work. Collective TLS provides all of the upsides of entrepreneurial TLS while not sacrificing mobilization goals. That version of TLS, though, does present two of its own challenges, one triggered by the complexity and sophistication of the legal issues involved in may community economic development projects, and the second resulting from the nature of group representation.