Friday, March 26, 2021
A Letter to Politico
Monday, March 22, 2021
The Future of U.S. News and World Report’s Law School Rankings: A Letter from A Friend (UPDATE)
I
would definitely recommend that you include your HeinOnline ScholarRank [in
your materials]…. [T]he most important thing to know is that each faculty
member’s ScholarRank score is like golf. The lower the better. Cass Sunstein is
currently at the top with a ScholarRank of #1. The ScholarRank scores go as
high as #45,000.
Your ScholarRank score is #4492 …. You’ve been cited 238 times [in the last 12 months] in HeinOnline journals….
And the ScholarRank score is about to become the single most important metric in American legal academia. Starting next year, 40% of each American law school’s U.S. News [and World Report] ranking will be based on HeinOnline’s cumulative ScholarRank of the school’s faculty (which apparently will consist of the combined faculty score divided by the number of tenured and tenure-track faculty). It’s going to have a huge impact on our field. Interestingly, however, most law school faculty (at least in my neck of the woods) seem unaware of ScholarRank.
Interestingly, 20% of the ScholarRank score is based on HeinOnline downloads in the past 12 months. Accordingly, I think ScholarRank is going to kill SSRN, at least as a platform for legal scholarship. People are soon going to realize that posting on SSRN is counterproductive because SSRN downloads don’t count toward a scholar’s ScholarRank score, whereas HeinOnline downloads directly factor into your ScholarRank score.
Seth Barrett Tillman, The Future of U.S. News and Wold Report’s Law School Rankings: A Letter from A Friend (UPDATE), New Reform Club (Mar. 22, 2021, 9:44 AM), <https://reformclub.blogspot.com/2021/03/the-future-of-us-news-and-wold-reports.html>;
UPDATE: Paul Caron, at Tax Prof Blog, was in contact with U.S. News & World Report. His correspondence indicates that my information above is not correct.
Monday, March 08, 2021
Footnote From my Next Paper
“Y Dyn Na Fu Erioed,” in Aberbargoed, Borough of Caerphilly, Wales, United Kingdom War Memorial, <https://tinyurl.com/43z4ym3a>. See generally Ewen Montagu, C.B.E., K.C., The Man Who Never Was (Philadelphia, Penn.: Lippincott, 1954) (publicizing the details of Operation Mincemeat: including the story of Glyndwr Michael, who posthumously served as Major William Martin, RM); Ronald Neame, director, The Man Who Never Was (Sumar Productions, 1956); Operation Mincemeat Documentary, Youtube, <https://tinyurl.com/5kxb39bn>. Montagu was elected president of the Anglo-Jewish Association in 1949, and he became president of the United Synagogue in 1954. Year Book of the Anglo-Jewish Association 1951, 5711/5712 (London: Office of the Anglo-Jewish Association, n.d.), 93-94; “VE Day 8 May 1945 Commemorations,” Gazette 2020/Wadham College, University of Oxford, 53, 55, <https://tinyurl.com/y6pf62tf>. After the war, Montagu served as Judge Advocate of the Fleet, recorder, and judge. See R v Long, Queen’s Bench [1960] 1 (Court of Criminal Appeal 1959) 681, 682 (Lord Parker, CJ) (reporting Montagu as recorder during trial proceedings in Southampton Borough Quarter Sessions); Lord David Hacking, “From Cambridge into the Law and the World of Arbitration,” Arbitration 82(3) (2016): 281, 286 (noting that Ewen Montagu was the presiding judge at Middlesex Quarter Sessions in Parliament Square, and “to us at the Bar, [Montagu] was ‘The Judge who Bloody Well Is’.”); “Hon. Ewen Edward Samuel Samuel-Montagu,” The Peerage, <http://www.thepeerage.com/p58982.htm>.
Seth Barrett Tillman, Footnote From my Next Paper, New Reform Club (Mar. 8, 2021, 7:42 PM), <https://reformclub.blogspot.com/2021/03/footnote-from-my-next-paper.html>;
Monday, February 22, 2021
Courts and Qualifications for Elected Federal Positions
Walker v United States, 800 F.3d 720, 723–24 (6th Cir. 2020) (Roger, J.) (“Walker’s right to seek and hold public office has not been restored, because he was never deprived of that right to begin with. Neither Congress nor the states can add to the constitutional qualifications for holding federal elective office. Powell v. McCormack, 395 U.S. 486 (1969); U.S. Term Limits, Inc. v. Thornton, 514 U.S. (1995). Because the constitutional qualifications make no mention of convictions, under federal law, Walker could always run for and hold federal public office.” (emphasis added));
Gordon v. Secretary of State of N.J., 460 F. Supp. 1026, 1027 (D.N.J. 1978) (Biunno, J.) (“As a consequence, whether in jail or not, nothing prevented Gordon from seeking to gain the votes of enough electors to have been elected President of the United States . . . . Eugene V. Debs ran for President four times and was a candidate while in jail. Gordon was free to do the same.”);
United State v. Richmond, 550 F. Supp. 605, 606 (E.D.N.Y. 1982) (Weinstein, C.J.) (holding that “plea agreement pertaining to resignation from Congress and withdrawal as a candidate for re-election are void.”); id. at 608 (“Just as Congress and the states are prohibited from interfering with the choice of the people for congressional office, federal prosecutors may not, directly or indirectly, subvert the people’s choice or deny them the opportunity to vote for any candidate.”);
Seth Barrett Tillman, Courts and Qualifications for Elected Federal Positions, New Reform Club (Feb. 22, 2021, 8:54 AM), <https://reformclub.blogspot.com/2021/02/courts-and-qualifications-for-elected.html>;
Saturday, February 13, 2021
America Is a Christian Nation
A friend asked me to defend the claim in a prior post that American is a Christian nation. This was my response:
* * *
Democracy is too precious a thing to let the public get anywhere near
The camera issue is important now because House Speaker John Boehner (R-OH) recently turned down the latest request by C-SPAN Founder and CEO Brian Lamb to allow his company's cameras - or for that matter - the cameras of any other news organization, to televise what happens in the House chamber.
Lamb has pushed the issue since C-SPAN's inception. But he really went to the mat in 1995 when Republicans rode to power and promised more transparency. Then-House Speaker Newt Gingrich (R-GA) rejected Lamb's entreaty. And former House Speakers Dennis Hastert (R-IL) and Nancy Pelosi (D-CA) have followed suit when Lamb made similar requests at the beginning of their tenures.
....
Boehner responded to Lamb that he would maintain the "precedent set by former speakers" noting that "the dignity and decorum of the United States House of Representatives - are best served by the current system of televised proceedings provided by the House Recording Studio."
It's the House Recording Studio that literally calls the shots of what people will see when telecasting House sessions.
....
During his speakership 16 years ago, Newt Gingrich denied C-SPAN's request for complete access. But he did instruct the House Recording Studio to start providing cutaway shots of activity throughout the House chamber. That experiment lasted about a week as the House feed showed lawmakers dozing, goofing off and reading. Callers then lit up the Capitol switchboard as they phoned to admonish their lawmakers for not showing respect to the speaker or accusing them of sloughing off on the taxpayer's dime.
The lawmakers then complained to Gingrich who hastily halted the exercise.
Thursday, February 11, 2021
Jesus and the Syrophoenecian Woman: Failing to Rise to Our Highest Ideals
Every year about this time, the story of Jesus and the Syrophoenecian woman appears in the Catholic lectionary. It is a jarring story. In it, Jesus is not egalitarian. In his speech to the Syrophoenecian woman, Jesus does not meet modern expectations of fair and equal treatment, he does not celebrate diversity. In fact, if we are going to be strictly modern about things, when Jesus calls the woman a "dog" he proves himself to be, let's be honest, a racist hate criminal.
Here is the story of Jesus and the Syrophoenecian woman. You have been warned:
Gospel Mk 7:24-30
Jesus went to the district of Tyre.He entered a house and wanted no one to know about it,but he could not escape notice.Soon a woman whose daughter had an unclean spirit heard about him.She came and fell at his feet.The woman was a Greek, a Syrophoenician by birth,and she begged him to drive the demon out of her daughter.He said to her, “Let the children be fed first.For it is not right to take the food of the childrenand throw it to the dogs.”She replied and said to him,“Lord, even the dogs under the table eat the children’s scraps.”Then he said to her, “For saying this, you may go.The demon has gone out of your daughter.”When the woman went home, she found the child lying in bedand the demon gone.
Monday, February 08, 2021
Joseph Story’s Commentaries on the Constitution: Late Impeachment and Other Unresolved Impeachment-Related Issues
The
discussion he puts forward “is not intended to express any opinion in these
commentaries, as to which is the true exposition of the [C]onstitution, on the
points above stated [including late impeachment]. They are brought before the
learned reader, as matters still sub judice, the final decision of which
may be reasonably left to the high tribunal, constituting the court of impeachment,
when the occasion shall arise.
Seth Barrett Tillman, Joseph Story’s Commentaries on the Constitution: Late Impeachment and Other Unresolved Impeachment-Related Issues, New Reform Club (Feb. 8, 2021, 11:07 AM), <https://reformclub.blogspot.com/2021/02/joseph-storys-commentaries-on.html>;
Saturday, January 23, 2021
Government and Media Took Away Our Unity: They Cannot Give It Back
In my last post, I confess I may have foamed at the mouth a bit raging against "the chummy relationship between the media and the big-corpo-statists" who have created the disunity in our country. In response, my left-of-center friend asked me what political reforms could I offer to address the problem. Here was my response:
Thursday, January 21, 2021
Sunday, January 17, 2021
A Friend Wants to Know: Why Won't I Shut Up and Get with the Program?
Thursday, January 14, 2021
Restoring Election Integrity in One Easy Step
In February 2020, "the nation's leading expert" on election law, UC Irvine law professor Rick Hasen, published his book Election Meltdown. Subtitled "Dirty Tricks, Distrust, and the Threat to American Democracy," Prof. Hasen bemoans "Inflammatory rhetoric about 'stolen' elections [that] supercharges distrust." What insight, I wondered, might the nation's leading election law expert's book give on the controversies surrounding the 2020 presidential election?
According to Prof.
Hasen's book, as of early 2020 the only way to repel the "threat to
American democracy" was to push back against not one, not two, not
three, but at least four key dangers threatening the voting
process. You will have to buy the book to learn what they are. But if
the book's digital dust flap is an indication, it appears Prof. Hasen has one
of his fingers pointed pointed squarely at "incompetence in election
administration, often in large cities controlled by Democrats," which
"have created an opening to claims of unfairness." Oh, my!
Also in the docket: "domestic misinformation campaigns via social media." You don't say?
Just
in case you are beginning suspect this is some right-wing book, I
understand from loosely following his work for the past several years
that Prof. Hasen is, shall we say, in no danger of being identified as a
friend of Republican
causes. I also have it on good authority there are no conservative
professors at UC Irvine's law school, unless something has changed
recently. It is my earnest belief Prof. Hasen is a man of the left in
good standing.
This sounds like real trouble. But it also sounds like a lot of work: "Concrete steps"? That strikes me as more than we can handle.
Thankfully, we found a way to economize. The American corpo-political leadership stumbled upon a simple program to restore confidence in the American voting process in just one easy step. Here is the one-step program to restoring confidence in American elections:
The Democrat wins.
When
the Democrat wins, Americans stop complaining about the integrity of
our democracy. (Social media is seeing to that.) What could be simpler?
I
am sorry to have to report, however, that with the advent of this new
one-step system, Prof. Hasen's book sales may experience a slump.