Monthly Archives: September 2008

Fact

I started doing this Sept. 15, 2003.

Posted in Discourse.net | 5 Comments

A Great Job for the Right Litigation Skills Teacher

In addition to looking for traditional entry-level and lateral faculty, the U. Miami School of Law is also looking for someone to take over its highly popular and award-winning litigation skills program. I'm not on the search committee, although I'd be happy to field questions to the best of my ability. I suspect that the committee would consider both people with a clinical/academic background and an experienced practitioner who showed signs of being able to adapt to the academic environment.

This job is a pretty big deal to the school; the program is large and unusual, and the right person could forge a national reputation from it. The previous incumbent is now the President & CEO of NITA—the National Institute of Trial Advocacy.

The University of Miami School of Law invites applications for the Director of the School’s Litigation Skills Program beginning fall of 2009. This is a tenure-track position. Appointment will be made at the associate or full professor level, depending on experience.

The School is interested in recruiting an individual with a proven record of achievement who will enhance the national reputation of this outstanding program. The Director should have extensive expertise and experience in trial practice and in teaching trial skills and a substantial record or a demonstrable interest in scholarship related to trial skills or related substantive areas.

The University of Miami School of Law Litigation Skills program is an award winning program that provides top quality simulation training in pre-trial and trial practice. Approximately 80 percent of the School’s students take the voluntary six-credit Litigation Skills I class. The Director designs skills problems, teaches litigation skills classes, and recruits, trains, and supervises the work of approximately 60 adjunct faculty. The adjunct faculty are leading practitioners and judges who work with students in small groups to develop their skills.

The Director also oversees the development of Litigation Skills II, a course for students who complete Litigation Skills I. Skills II includes advanced litigation matters such as jury selection, expert witnesses and multiparty or multi-claim lawsuits. Students who complete Skills I may also enhance their skills through a one-semester clinical placement (externship).

The Director supervises the Litigation Skills Program Manager and an Assistant to the Director. The Director works with clinical faculty to identify and coordinate externship placements with public agencies and public interest law offices. The Director develops and fosters relationships with the various agencies, courts, and firms from which Litigation Skills faculty are recruited and clinical externs are placed.

The Director should be prepared to teach one or more core courses on an annual or rotating basis, depending on the needs of the School and the scope of other responsibilities. In addition, the Director should be prepared to work with students to enhance the School’s efforts in inter-school skills competitions.

Interested persons should contact Professor Terence J. Anderson c/o Detra Davis, University of Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124-8087 or ddavis@law.miami.edu.

Posted in U.Miami | 4 Comments

The Tragedy of ‘The Tragedy of the Commons’

Trust it to be John Quarterman, who always seems so really smart when I get to be in the same room with him, to be the one to draw my attention to Debunking the Tragedy of the Commons.

When Garrett Hardin published his famous article about the “tragedy of the commons” in Science in December 1968, he cited no evidence whatsoever for his assertion that a commons would always be overgrazed; that community-owned resources would always be mismanaged. Quite a bit of evidence was already available, but he ignored it, because it said quite the opposite: villagers would band together to manage their commons, including setting limits (stints) on how many animals any villager could graze, and they would enforce those limits.

Finding evidence for Hardin's thesis is much harder…

The source is Ian Angus, Links, International Journal of Socialist Renewal, Debunking the `Tragedy of the Commons' (August 24, 2008).

Meanwhile, says John,

So privatization is not, as so many disciples of Hardin have argued, the cure for the non-existant tragedy of the commons. Rather, privatization can be the enemy of the common management of common resources.

This dovetails with some interesting recent legal work, such as Michael Heller's new book, The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives.

In any case, it's interesting to learn that one of the articles I found most influential in college has a slight empirical problem.

Trouble is, I think I may still believe it, since the tragedy of the commons seems to capture something one sees, or thinks one sees, in real life. As a result I still think in many, most, but not all, cases markets, or managed markets, are the way to structure large swaths of large-scale social and economic organization.

Too much economics Kool-Aid?

Posted in Econ & Money, Legal Philosophy | 13 Comments

The First Candidate to Denounce this Wins the Election

Zero tolerance gone mad.

Boing Boing, Fourth grader suspended for using broken pencil sharpener. Note that the “use” was his trying to sharpen a pencil, not threaten someone.

Posted in Law: Everything Else | 2 Comments

Does Palin Meet the GW Bush Standard?

In What Books on America Has Sarah Palin Read?, Steve Clemons of 'The Washington Note' pulls off the amazing feat of taking George Bush seriously as a political intellectual — and then asks if Sarah Palin makes (even) that grade.

It's a view of Bush I'm not prepared to embrace, but the questions he asks about Palin do seem like things one might like to know.

Posted in Politics: US: 2008 Elections | 2 Comments

Friday McBush/McSame Bashing

Target-rich environment.

Posted in Politics: McCain | 11 Comments