Friday, March 22, 2019

"How to Become a Full time Law Professor"--A Workshop for Aspirants at the 4th National People of Color Scholarship Conference



The 4th National People of Color Legal Scholarship Conference takes place this weekend in a beautiful setting, at the American University Washington College of Law in Washington, D.C., 21-24 March 2019. For more information see HERE. Great thanks to American's Dean Camille Nelson for the vision to realize this important gathering.


Among the most important work of the People of Color Scholarship Conferences is their mentoring for people seeking entry into the legal academy, and then mentoring young scholars to enhance the prospects of career success. I was delighted to contribute in some way to that work at a Workshop for Law Teaching Aspirants--"How to Become a Full Time Law Professor"--at the 4th National People of Color Scholarship Conference.  To those ends I joined an impressive group of colleagues--Craig Konnoth (Colorado), Melinda Molina (Capital), Anita Sinha (American), and moderated by the great Alfreda Robinson (George Washington).  

The PowerPoints of the workshop follow along with the Panel description.

Thursday, March 14, 2019

New Issue of Journal of Legal Education: On the Relationship Between American Legal Education, Globalization, and Internationalism


The American Legal academy continues to consider its relationship to the rest of the world. That consideration takes two quite distinct forms. The first involves the reception of the "foreign" within the United States--and that requires combating a parochialism and legal-centrism long embedded in American legal education. The second involves the projection of Americanism in law and legal education outward. This is something that the American academy has been quite eager to participate in, especially after 1989. It reflects the notions of the central role of American sensibilities in the technical assistance required for other states to "catch up" under the guidance of a more mature system with good (and perhaps universal) principles. 

I have considered these issues from time to time. See e.g., 'Internationalizing the American Law School Curriculum (in Light of the Carnegie Foundation’s Report),' in The Internationalization of Law and Legal Education 49-112 (Jan Klabbers and Mortimer Sellers, Dordrecht, The Netherlands: Springer Science + Business Media B.V., 2008); 'Global Law Schools on U.S. Models: Emerging Models of Consensus-Based Internationalization or Markets-Based Americanization Models of Global Legal Education,' 2 Revista de Educación y Derecho/Education and Law Review (España) 4:1-53 (April-Sept. 2011) (with Bret Stancil); 'Human Rights and Legal Education in the Western Hemisphere: Legal Parochialism and Hollow Universalism,' 21(1) Penn State International Law Review 115-155 (2002); and 'General Principles of Academic Specialization By Means of Certificate or Concentration Programs: Creating a Certificate Program in International, Comparative and Foreign Law at Penn State,' 20 Penn. State International Law Review 67 (2001).

This month the flagship journal of the Association of American Law Schools, the Journal of Legal Education, has devoted a substantial amount its Issue 67-4 to the relationship between American legal education and globalization and internationalism, through an examination of international and comparative law. Special thanks to the editors of this issue, American University's Camille A. Nelson and Anthony E. Varona for putting together a group of quite thought provoking articles.

Links to the articles follow.


Tuesday, March 12, 2019

Call for Abstracts and Panel Proposals/Convocatoria a Sumarios/Propuestas de Paneles: ASCE 29th Annual Conference



 
CALL FOR ABSTRACTS/PANEL PROPOSALS
ASCE's Twenty-Ninth Annual Meeting
Cuba -- Growth or Decline: Is the Revolution Dead? July 25-July 27, 2019

Requirements: Abstracts and/or panel proposals should describe original work related to the economy of Cuba in a broad sense, including legal, sectoral and social aspects of economic development. Abstracts or panel proposals must not exceed 250 words and must be accompanied by a 150 word biography for each author. Abstracts, panel proposals and biographies, or full papers if already completed, should be sent via email to jperezlopez703@gmail.com and asce@ascecuba.org for consideration by the Program Committee. Please include the words "ASCE 2019 CONFERENCE SUBMISSION" in the subject line. Authors of accepted papers or panels will be required to register for the Conference.
Deadlines: Deadlines for submitting abstracts, papers and or panel proposals for the conference are as follows:
  •   Abstract, paper or panel submission deadline: May 1, 2019
  •   Notification of acceptance by Program Committee: May 15, 2019
  •   Papers due to discussants: July 15, 2019
  •   ASCE Twenty-Ninth Annual Conference: July 25-July 27, 2019
  •   Submission of full papers for consideration for Conference Proceedings: September 15,
    2019 

  • __________

CONVOCATORIA A SUMARIOS/PROPUESTAS DE PANELES 
ASCE XIX Conferencia Anual 
"Cuba--Crecimiento o Declive: ¿Ha Muerto la Revolución?" 25 de julio-27 de julio 2019 

 
  1. Requisitos: Sumarios y/o propuestas de paneles deben describir trabajos originales relacionados con la economía cubana en un sentido amplio, incluyendo aspectos legales, sectoriales y sociales del desarrollo. Los sumarios o propuestas de paneles no deben exceder 250 palabras. Por favor, con el sumario o propuesta de panel incluya una biografía de 150 palabras de cada autor. Los sumarios, propuestas de paneles, o los ensayos si están disponibles así como las biografías, deben ser enviadas por correo electrónico a jperezlopez703@gmail.com y a asce@ascecuba.org para su consideración por el Comité de Programa. Incluya la frase "ASCE 2019 CONFERENCE SUBMISSION" en el asunto del mensaje electrónico. Se requerirá que los autores de los ensayos y/o participantes en los paneles aceptados se inscriban en la conferencia.
    Fechas límites: Las fechas límites para la presentación de propuestas de ensayos o de paneles son las siguientes:
    •   Envío de propuestas de ensayos y/o paneles: 1o de mayo de 2019
    •   Notificación de aceptación por el Comité de Programa: 15 de mayo de 2019
    •   Ensayos mandados a los comentaristas: 15 de julio de 2019
    •   ASCE XXIX Conferencia Anual: 25 de julio-27 de julio, 2019
    •   Ensayos sometidos para su posible publicación en la memoria de la conferencia: 15 de
      septiembre de 2019

Thursday, February 14, 2019

Speech and the American University: Views from the AAUP in its Current Issue of Academe



The American Association of University Professors has just published its latest issue of its Academe Magazine.  This month focuses on speech issues on campus.  The Press Release notes:
This issue of Academe addresses the questions of speech that have fueled the culture wars on college campuses in recent years. Articles discuss the assault on the public mission of higher education; the implications of a polarized political climate for faculty members, administrators, and students; and the parameters of current debates about academic freedom, free speech, and inclusion.
The articles are useful for understanding the state of discourse about discourse in the American Academy especially along its current ideological fault lines.


Follow the links in the table of contents below or read the entire issue at https://www.aaup.org/issue/winter-2019.


Friday, February 1, 2019

Sexual Assault on Campus--Law and Politics in the Shadow of Battles for Control of an Ordering Normative Narrative



"What counts as safety and risk is not adequately defined. In a number of cases in which a faculty member’s speech are the grounds for the accusation, the university has, upon receiving the complaint, removed them from the classroom and the campus (e.g., Buchanan and Adler). In such cases, the only apparent threat is the one to the university’s reputation; there is no imminent danger to students or colleagues. When speech is the issue, we think there needs to be a clearer definition of what counts as an emergency." (Comment on the Department of Education Proposed Rule: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
34 CFR 106 Comment submitted by: AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS, January 28, 2019, p. 14)

Mostly out of the glare of social media, a great contest has been playing out over the law and politics of managing relations of individuals generally around the increasingly indeterminate cultural idea of "sex" in North America.  I have been posting about one of the battlegrounds--the fight within legal elites in the American Law Institute for control of the narrative (and the framework of legal responsibility) of sexual assault and related criminal acts (e.g., The Battle Over the Legal Construction of Sexual Assault -- A Report From the Battle Lines at the American Law Institute's Model Penal Code Revision Project). 

But another battleground merits serious attention--the university.  This battle is waged for control of the socialization of students (and the stakeholders who serve them).  It's language is that of law (actually administrative regulation and the exercise of administrative discretion in creating the "atmosphere within which interpretive exercises will be judged legitimate--by courts and the university administrators who are expected to apply them). That conflict now has a long and quite contentious history, the last phase of which was started with the Obama Administration's no (in)famous Dear Colleagues letter (critically assessed here), and the reaction, now the site of contention, as the successors to Mr. Obama's administrative apparatus seek to re-frame law and its politics through to proposed amended regulations implementing Title IX of the Education Amendments of 1972.

This post includes the recently circulated comments of the American Association of University Professors to those changes.  It is largely an opportunity for the AAUP to push its own view published in 2016 (The History, Uses, and Abuses of Title IX), which appears to take something of a broadly understood middle position between those of the Obama and Trump Administrations, but also sees in the regulation an opportunity to legalize politics, and especially the politics of what is taught in the university. But even in this middle ground there is a large space for contention--the AAUP's stance on exemptions for religious schools, and its efforts to use liability standards as a means of socialization are two of them. Moreover, the concept of hostile environment is now one ripe for interrogation, but not, it seems, among the critical stakeholders driving this debate and the regulations that follow.

The comment is worth reading for its politics and for its engagement with legal standards, and follows below, along with its executive summary and the press release announcing its circulation. The Department of Education Proposal, Department of Education Proposed Rule: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (83 FR 61462-61499 (38 pages))  may be accessed HERE.

Monday, January 28, 2019

Call for panel proposals and papers - The American Society of Comparative Law Annual Meeting



Passing along what is likely to be a very interesting and useful event:

Call for panel proposals and papers - ASCL annual meeting

The American Society of Comparative Law (ASCL) has just issued a call for proposals for (1) concurrent panels and (2) a works in progress conference to be held in association with the ASCL 2019 Annual Meeting, which will be held at the University of Missouri School of Law between Thursday, October 17, and Saturday, October 19, 2019. The event is open to ASCL and non-ASCL members.

The theme of the Annual Meeting is “Comparative Law and International Dispute Resolution Processes” and will feature presentations on how comparative law affects various types of cross-border conflict, including but not limited to litigation, arbitration and mediation. Concurrent panels and works in progress papers need not fall within this general theme, although of course they may. Multilingual panel proposals will be considered as part of ASCL's mission to foster plurilingualism.

Information on the event, including the call for panel proposals and works in progress submissions, is available at
http://law.missouri.edu/faculty/symposia/comparative-law-international-dispute-resolution-processes/ Proposals will be accepted until May 20, 2019.

Wednesday, January 23, 2019

From the European Society of International Law--Economic Law Events Call for Papers

(Pix © Larry Catá Backer; Tacoma Museum of Art)


The European Society of International Law has recently distributed a list of call for papers for upcoming conferences, some of which may be of interest:


- EU Investment Law (Topical Issues in Investment Law & ISDS Series), Paris, 7 February 2019. For more information: https://www.eventbrite.co.uk/e/topical-issues-in-isds-eu-investment-law-tickets-54856836274 

ESIL IEL IG backed International Conference on “A Common European Law on Investment Screening”, Gothenburg, 7-8 March 2019. For more information:https://esil-sedi.eu/?p=15666 

- ESIL IEL IG backed Workshop on International Economic Law in the Era of Distributed Ledger Technology, Turin, 9 April 2019. For more information: https://esil-sedi.eu/?p=15584Deadline for the Call for Papers: 29 January 2019.

- ESIL sponsored Colloquium on Actors in International Investment Law: Beyond Claimants, Respondents and Arbitrators, Paris, 26-27 September 2019. For more information: https://esil-sedi.eu/?p=15566 Deadline for the Call for Papers: 31 March 2019.

Friday, January 11, 2019

Writing to the Standard/El suicidio programado del gran ensayo--Accountability and the Management of Knowledge Production

(Pix © Larry Catá Backer 2017)


Academics worldwide remain vigilant against the erosion of academic freedom by administrators or the state.  This erosion threat has worldwide dimensions. Yet academics have been all too willing to sell their academic freedom for financial support.  And all to often, that quid pro quo--grants for the production of work that satisfies the needs or desires of grantors--is institutionalized in universities that then make the acquisition of grants a significant element in professional assessment. 

Academics, for the most part are reconciled to this relationship between money and the control of the direction of academic production.  That reconciliation is due in part from need, but also because academics are critically embedded in the institutions that finance the production of knowledge.  They serve as the peer reviewers or relate positions of many of these; and the university itself rewards academics who are deeply embedded within the knowledge-finance complex. Academics (and their institutional masters) appear to have qualms only when there appear to be "conflicts of interest"--the definitions of which tend to reflect ongoing battles for ownership of knowledge or when outsiders question the legitimacy of such production for hire.   

It is too late in the day to worry overmuch abut the existence of the knowledge production-finance complex. The process tends to be transparent enough, and the oversight tends to be interested enough, that one can be assured that though financiers may substantial influence the sorts of knowledge that is produced (they tend to choose what is studied and what is ignored), the quality of the knowledge produced is not generally any more or less legitimate (in the sense of being disinterested) than knowledge produced by other means.    

But while academics remain focused on formal or rule based threats, and remain vigilant about quality issues in the financing of knowledge production, the growing mania for productivity measures now may well pose a greater threat.  That threat is not just to academic freedom, but also to the quality generally of the production especially of basic knowledge (rather than boutique purchased knowledge for specific consumers). Quantitative measures increasingly provide a means for controlling the form and context of knowledge production, as well as the formats through which it is produced.  Here one sees the rise not just of assembly line factory ideologies transformed for the academic factory, but more importantly, of a production-publisher complex that not only shapes knowledge but which tends to transfer the rights to that knowledge from producers to "distributors." Academics, then, move closer to the bottom--lowest value added, part of knowledge production chains. 

Accountability has given rise to a mania for the production of proxy measures through which the administrative structures of a faculty department might judge quality and quantity of academic production.  There is nothing inherently odd either about the focus on accountability, or on the use of proxy measures per se. However, in the form in which they have been developing over the last several decades, the result is to produce an assessment structure that effectively manages, if not controls, both the form and content of academic production to satisfy the measures of assessment.  In effect, the measures of quality have themselves now become the object of quality. One does not produce knowledge to advance learning  but to meet the criteria for assessment.  In the process, assessment measures can be used to substantially shape and manage the cultures of academic production in ways that may ultimately harm the production of knowledge. 

This is not merely the whining of the American professorate. Academics elsewhere have begun to understand that data analytics, when these drive assessment without appropriate qualitative constraints beyond the measures, can be used to shape, in sometimes dramatic ways, the relationship between academics and knowledge production. Recent interest among Spanish academics suggest the nature of the problem. A article published in El País, El suicidio programado del gran ensayo, makes the point for the Spanish and Italian academy, portions of which follows below (Spanish only).

Call for Papers: PRIMERA CONFERENCIA LATINOAMERICANASOBRE DERECHOS HUMANOS Y EMPRESAS




Llamada a contribuciones
Bogotá, Colombia
Fechas: 2-3 de mayo de 2019
Sedes: Universidad del Rosario y Pontificia Universidad Javeriana 

Call for Papers: ESIL 2019 ANNUAL CONFERENCE--Sovereignty: A concept in flux?



ESIL 2019 ANNUAL CONFERENCE 
12-14 September 2019: Athens Public International Law Center at the National and Kapodistrian University of Athens:
Sovereignty: A concept in flux?
  • CALL FOR PAPERS (deadline: 31 January 2019) 
  • ESIL Interest Groups will be invited to arrange events on Thursday 12 September 2019
  • Further information is available on the conference website 

Call for Papers follows.