Monthly Archives: September 2010

Rehabilitated!

That ugly question mark in the right margin that was my Google Page non-Rank is finally gone only five weeks after Google “reconsidered” Discourse.net post hack attack and put it back into the index.

This comes just in time for the major blog makeover, which is proceeding apace. I hired experts to convert the database to something WordPress would love, and the conversion routine seems to work. The next step is design. The plan is to start me out in a souped-up version of a free Woo Theme; the issue is what sort of soup.

Earlier entries: That's Odd (7/6), Google Woes (8/3), No Joy From Google (8/12), Got 'em (8/13); Partially Rehabilitated (8/15).

Posted in Discourse.net | Comments Off on Rehabilitated!

Where’s My Package?

No-Priority-Mail.gif
I bought something, and on Monday the seller sent me an email (“Subject: Your package is on its way”) confirming it had shipped by Priority Mail. They included a tracking number.

The USPS has a web page that lets you track the progress of your package.

So, where's my package?

Label/Receipt Number: xxxx xxxx xxxx xxxx xxxx xx
Scheduled for Delivery: Wednesday, September 22, 2010
Class: Priority Mail®
Service(s): Delivery Confirmation™
Status: Out for Delivery or Available at PO Box

Your item is out for delivery or available at a PO Box at 8:27 am on September 22, 2010 in KEY BISCAYNE, FL 33149.

But I live in Coral Gables. And the mail came this afternoon. Without my package.

Most likely, some postal worker figures out that it belongs over here and tomorrow I learn its been re-sorted into my zip code. But what if it was delivered to a PO Box? What if someone has it?

And, more fundamentally, am I better off knowing it's in Key Biscayne rather than having some generalized concern that it sure seems to be taking its own sweet time getting here? Not obviously.

Posted in Shopping | 3 Comments

Appeals Court Strikes Down Gay Adoption Ban

Florida's ban on adoption by gay couples was declared unconstitutional by a the 3rd DCA, the state Court of Appeals located in Miami, 3-0 (although with two opinions) this morning.

The basic holding is that the statute fails the equal protection guarantee of the Florida Constitution because it makes a distinction between fit parents that has no rational basis. Indeed, the record compiled by Judge Cindy Lederman at trial pretty much compelled that verdict.

The next stop, most likely, is the Florida Supreme Court, although with this record it is hard to see how it could reach a different result.

Here's the full text of the decision. Here's a Miami Herald article.

I'm happy to report that UM's Children and Youth Clinic submitted an amicus brief.

Posted in Law: Constitutional Law | Comments Off on Appeals Court Strikes Down Gay Adoption Ban

Ten Reasons Why You Should Teach Here — And Three Why You Shouldn’t (v. 4.0)

Here’s the fourth annual version of my note on teaching at UM.

For reasons explained below, we have more than a dozen new slots to fill — so despite the economy, we’re hiring, and may be hiring a lot. (But ideally we won’t fill all those slots this year.)

1. Faculty

The best reason to come to U.M. is the faculty. At its best (which is to say, “outside of faculty meetings”), this is a faculty that believes ideas are serious things, but also is willing to play with them. You will see this most vividly at faculty seminars, especially those with external speakers. The faculty reads the paper in advance of the talk. It thinks about it. We don’t let the presenter speak a long time — we want to have a discussion. There may be an element of performance in the questions and comments, but that usually just adds to the fun. Unlike some faculties I’ve heard about, we are not worshipers at the temple of sub-disciplinarity: faculty members feel comfortable commenting on papers far outside their own specialties, and they are usually right to do so as the distant perspective sometimes proves at least as valuable as the insider’s. Visiting Professor John Flood gives a good description of the Miami seminar experience in Giving Papers at Miami (2008).

While faculty vary in the extent to which they will seek you out — some are shy; others are busy — they will almost all be happy to see you if you seek them out. If you are an entry-level hire, very few will treat you like a junior colleague; for most, you will be part of the family from the start. (That goes without saying for the more senior hires.) And it’s an interesting family, including some big names in international law, arbitration, tax, law and society, law and identity, and several other subjects.

But don’t take my word for it. Here’s what one of our more recent hires, Sergio Campos, said

When I entered the job market, I had a sense that Miami was a unique place. But nothing prepared me for the interview I had with the appointments committee at the DC conference. In the run up to the conference (and during it), many questioned the practicality of the proposal in my job talk piece, and rightly so. But the Miami faculty pushed me further, to consider possibilities that were both politically infeasible but suggested new ways of thinking about entire substantive areas of the law. And they did so with such delight! I had never seen so many scholars just having fun with ideas, literally laughing at times out of sheer joy. I came out of the interview with the impression that Miami was a place where scholarship was not only taken seriously, but was something enjoyed, and my time here has only confirmed it.

2. Institutional style & institutional support

UM wants productive faculty, and it believes in research. But it isn’t about telling you what to do. My own story may be instructive: I was hired thinking that I would be writing mostly about administrative and constitutional law. In fact, however, within a couple of years I had turned into an Internet lawyer, and was writing primarily about computers, networks, and the law. At no time did anyone here ever suggest that this was a problem. What mattered to people was that I was publishing.

Another way in which UM may differ from some law schools is that our faculty is routinely interdisciplinary and international. Many publish in non-legal journals — a fact which does not necessarily help either our publication or citation counts since the legal tabulators tend to focus only on law journals. Although we recognize that there may be some reputational costs, we are not prepared to tell people where they should publish. We just want it to be good.

Indeed, our law faculty and our student body are very cosmopolitan, and this is so normal for us that it is sometimes hard for us to see how unusual this is. Not long ago, a colleague told me about going to a conference that included a panel on teaching international and comparative law. A number of speakers discussed quite seriously how hard it was to be the only internationalist, or perhaps one of two, on a faculty, and what this meant for the curriculum and how it created a sense of isolation when there was no one, or almost no one, to talk to about one’s interests. In contrast, at Miami nearly everyone understands the importance of international or trans-national legal issues, from commercial disputes, to family laws, to boundary disputes. A majority of the faculty teach, or have taught, at least one course that is international in its focus or includes a substantial transnational element in the syllabus. Many of our JD students have worked or studied abroad, and many are fluent in one or more foreign languages. The international students attracted by our LL.M program — often very strong students — only add to the mix.

There is no international ghetto at UM (the same is true of tax, a traditional faculty strength). As a matter of unwritten policy, everyone is expected to teach a basic course outside their specialty; the result is both that we can have more internationalists (and tax scholars), and that there’s a much greater community of overlapping interests.

3. Library

The University of Miami enjoys a superb law library, the result of a decision more than three decades ago to make library acquisitions a financial priority. And if we don’t have it, the library will borrow it for you, no questions asked. (As one former librarian put it, “we aim to provide law-firm-quality service”. And in fact, it is almost as good as a top law firm, and the librarians are much nicer.)

The law library has extensive holdings in related disciplines, notably political science, and of course the university library is literally next door, and it also has ever-growing electronic access to journals — which can even be accessed from your home office. We have a particularly strong collection in Latin American and Caribbean law, but also strong holdings in European law. We are weak in India, China, and Russia, and no doubt several other countries with non-Romance alphabets, so if your research involves heavy use of materials from one of those countries, you should check to see if we have you covered. I also have a sense that our holdings for pre-1940 materials are not as strong generally as for things published in the last 70 years. But I am continually having pleasant surprises when I consult Baron, the online card catalog. They’ve done some impressive buying over the years — which is a good thing, as the next major law library is a long way away.

4. Students

We have smart students with upwardly mobile ambitions. Some come from wealthy families, but for many a law degree will be the highest level of education ever achieved in their families — a matter of pride for an extended clan you may have the good fortune to meet at graduation. Despite the lures of nearby South Beach, UM students are by and large a studious lot: their awareness that few silver platters await at graduation usually translates into a commendable work ethic. At least until the end-of-term fog settles in, I find that my students have done the reading, and often have something to say about it. There is a little shyness — some students don’t want to ask questions for fear of looking silly; other students worry about being labeled a “gunner” — but ordinarily class discussion can be pretty lively. Although we have more men than women as students, it is often the case that the women lead the discussions and make the most substantive contributions. Classes tend to be fun (at least for the instructor). Visiting professors from other law schools consistently remark on the high quality of classroom performance here.

The UM student body has improved greatly in the past decade. Every year we have students who write publishable papers in classes and seminars. It’s been a particular pleasure to see those pieces go into print along side those of full-time academics. Our best students, and there are more and more of them, would be at home in any law school. Our worst students would have been near the middle of the class 15 years ago. The only fly in the ointment is that despite their good college grades and creditable LSATs, a substantial fraction of the class comes to law school unable to write as well as they think or speak. Overcoming this obstacle remains one of our biggest challenges. Over the past summer, our energetic administration grasped this bull by the horns and hired a dozen new full-time writing instructors to staff our new and rebranded “L-Comm” ( legal communications) program. It’s obviously too early to say whether this substantial effort will bear fruit, but the new faculty are energetic and highly credentialed.

Some of our students will go on to be national leaders; a much larger number will play key roles in the State of Florida, as judges, politicians, and leading members of the bar. Some people have described alumni reunions as state judges’ conventions, but this is slightly unfair. On the other hand, there’s no question that both Florida as a place, and UM graduates as important players in that place, have been at the center of major wrangles with national impact ranging from the 2000 election to the Terri Schiavo affair.

Aspiring faculty sometimes worry that they will not find good research assistants outside a top ten law school. It’s true that I don’t hear stories about students writing papers that professors then publish under their own name — as I did when I was a law student at Yale. But if you are looking for a research assistant rather than a ghost writer, then my experience suggests this is not a serious problem if you teach a first-year class. As a teacher in the larger first year classes you can identify the students who are good and who fit your style before they get too caught up in other things. Some of them will get on law review, and will be too busy to work for you; some of those that don’t will work downtown for higher pay than the law school can offer, but usually there’s someone you will be happy to have who will be happy to have the job in their second or third year. I can’t claim that every research assistant I’ve had has been stellar, but I can say that some of them were amazing — and that they are harder to find when I don’t teach first years. And, overall, there’s no doubt that the quality of student help has been going up.

5. Research support

Research support exists to make it easier for you to write. The most important part of UM’s research support is its excellent law library. But it doesn’t stop there: In addition to the collection itself, we have a staff of helpful law librarians who seem happiest when given difficult research requests. There’s a document delivery service which will get you any book or article you ask for and deliver it to your office within a day if it’s on campus or a few days if it must be sent from far away. (One down side: you can gain weight from the loss of movement caused by having everything come to you.)

At conferences I sometimes hear stories about places where senior colleagues try to tell tenure-track faculty what to write about (or, worse, forbid certain topics or styles). We don’t do that. If anything, we have erred in the other direction — tip-toeing around junior faculty sensibilities so much that we may have provided insufficient mentoring. In an effort to do better in that department, the faculty now enjoys the services of a “director of faculty development” — yours truly for the third and probably last year in a row— whose job it is to help colleagues (and especially pre-tenure colleagues) with their research and writing by identifying resources, serving as a sounding board, or just staying out of the way.

In addition, every faculty member has an office budget which allows you to hire a research assistant, books and supplies, and to travel to conferences. Each of these budgets is fairly generous, and the Vice Dean has discretionary funds to add to them up for good cause. In my experience, any cause I can bring myself to ask about has been treated as a good one.

6. The University

A generation ago it was “Suntan U”. Today, under the (very) energetic leadership of Donna Shalala and an impressive suite of Deans, the University of Miami is joining the ranks of the leading research universities in the USA. For openers, President Shalala raised $1 billion for the University. YES, $1 BILLION. Now that it’s in the bank, she’s warming up for a new round of fund-raising. The lion’s share of the first round went to the medical school, but we are told that the law school should be able to claim a bigger share of the next round — and we’ll need it because we intend to do some building to house the new faculty and the new classes they will be teaching.

More importantly, the past couple of decades have seen a transformation in the quality of both the students and the faculty in the arts and sciences. It’s become hard for students to get in; and departments such as History, Psychology, Business, and Sociology have attracted faculties that include a wealth of potential collaborators, adding to existing strengths in Medicine and Communications. Both the law school and the University encourage inter-disciplinary collaboration. The law school has begun to take advantage of these resources but there’s much waiting for you that remains untapped.

7. Pay and Perks

The law school wants to support your research, and we try to put our money where our mouth is. Entry-level faculty can apply for a summer research grant before starting work in order to prepare their courses. We light-load you (usually only one course per semester) during your first year to give you time to find your feet. You’ll get a summer grant as of right every summer until tenure to encourage you to write — after that you’ll have to submit proposals, and make good on them too. And you’re entitled to a semester’s leave before tenure, more or less in the term of your choice, in order to help you write.

The law school is located on a very beautiful campus in the center of suburban Coral Gables, itself a very pleasant city with excellent restaurants. Rumor has it that in the old days the university administration spent more on landscaping than books; whatever the truth, there’s no question that the campus is very nice to look at. It also sports a state-of-the-art gym that’s about three minutes walk from the law school around our picturesque lake ( crocodile optional). The campus sports other useful amenities, including a faculty club, a food court, and an on-campus daycare.

Last year’s edition of this memo got chided for not speaking about salaries. This being a private law school, salaries are not published, so any generalization involves a lot of hearsay. There’s no question the base salary in law (and medicine) is much better than in History or English. There is no state income tax in Florida, and other than housing (and this much less than previously) the cost of living here is pretty reasonable. I would suspect that the nominal rate of pay is not a market leader, but that the buying power of our salaries is competitive once one excludes the very wealthiest schools. It’s not been my sense that money has been the issue in recruiting, maybe because jobs are hard to find. On the other hand, we clearly pay less than Columbia, Yale, or Harvard even after you net out the cost of living. My recent experience with catastrophic medicine allows me to testify from personal experience that the University hospital is excellent if you have something serious, and that our Aetna medical plan, if not utterly perfect, nonetheless treated me enormously better than I would have expected given what I read about health insurance companies in the newspaper. The University of Miami doesn’t belong to the college tuition consortium, so people with college age kids are not as well off as they would be at schools that pay for tuition at other schools or enjoy reciprocal waivers. (Tuition here is waived, but surely one wants the kids to enjoy greater independence AND GET OUT OF THE HOUSE. Ahem.) As the parent of two soon-to-be collegians, it has once in a while penetrated my consciousness that a better tuition deal could be a reason to leave the ‘law school in Paradise’. But there are also many reasons to stay. As regards recruiting, I’m only aware of the waiver issue arising once, and in the end we got the guy when his child decided to attend UM.

8. Miami

Miami is a cosmopolitan city. Part of its identity is as the defacto capitol of Latin America; part is as an artistic and musical center; and then there’s the celebrity-and-tourist thing. It’s an attractive place for young and old, and — if you take care to live in the right school districts, or have kids who qualify for the right magnet schools, or are ok with private schools — a pretty easy place for the middle-aged pater and mater familias. Like many sunbelt cities, Miami is more sprawling mosaic than urban core and periphery. Both urban and suburban living are within easy reach of the campus. Our politics are fascinating and complex, with much political power held by first and second generation immigrants from Cuba, and to a lesser degree Haiti, and Central America. The region now enjoys a lively cultural life, with a rich music and dance scene and some creditable small theater companies. If you prefer nature to culture, there’s always the nearby Everglades as well as world-class coral reefs for diving just south of Miami. One of my former colleagues sometimes used to tote a surfboard.

If your work involves domestic issues, you will find them in Miami, which is the city of the future in ways both good and bad. Along with our glitz you will find us on the cutting edge of today’s and tomorrow’s political and social issues: immigration, environmental (think “Everglades restoration”), medical (think “retirees”), and all the social questions that big cities produce.

Housing costs are plummeting, many other living costs were already low, and as mentioned above, there is no state income tax. The University no longer offers new hires a deal in which the University will subsidize part of your home purchase in exchange for a proportionate share in the equity when you sell, but given what’s happening to prices around here, you’re still better off as a buyer today than you were when that deal was on offer.

Did I mention how pretty it is here? Visitors are often stunned by the place, especially in winter.

9. Weather

Miami’s weather is glorious for almost half the year; variable for another chunk, and miserable in the dog days of summer and early Fall. The good news is that much (but not all) of the miserable part comes when the law school is not in session, so you can escape if you choose. When the weather is nice, our central courtyard, the “bricks,” becomes the social center of the community, a place where students and faculty mingle between classes. Even office rats like me end up looking healthier than the wan, pale, parka-clad figures I see huddling on the Boston subway. For those with outdoor ambitions, you can live on Miami Beach, or just enjoy the sea view from a balcony in a tower apartment in downtown Brickel.

10. The revolution is here.

The law school is undergoing a period of rapid, and largely welcome, change.

Three years ago we undertook an unusually detailed and painstaking strategic planning exercise. That caused us to recommend a radical transformation in the faculty, and perhaps the style, of University of Miami School of Law. The central administration bought in to our ideas and President Shalala committed to a dramatic increase in the size of the law faculty, and to help raise funds for our new facilities. These committments became the centerpiece of President Shalala’s recruitment of our new Dean, Patricia White.

Dean White thus arrived with a mandate to transform the law school. She comes to us from a successful deanship at ASU. She’s already shaken up the way we do things, and there is more to come.

Oddly, the financial crisis works in our favor: the law schools hardest hit are those that depended on substantial endowments, and saw the value of their portfolio shrink; we’re not one of the rich law schools, and our endowment income was only a small fraction of our budget; the losses don’t affect us as much as they do some others.

Thanks to the central administration’s backing, and the fortuity of events, we have a chance to do some major hiring while making other transformational changes. With the help of the right people, it could be exciting. What this means for our new hires is that they will find themselves at the heart of their new community — and have a chance to lead it — much earlier in their careers than they might otherwise.

***

All that is very well, but honesty compels me to say that there are also some reasons why not everyone may be happy here. Indeed, there are three main reasons why you should not teach here:

1. Weather

If skiing is your passion, and neither waterskiing nor snorkeling are substitutes, then Miami may make you sad. It’s hot and very humid here from July until the heat breaks sometime in October or September. That means you can have up to three and half months when it’s not much fun to go outside. Plus, occasionally we get weather with a name. But we don’t get snowstorms, avalanches, wildfires, earthquakes, random tornadoes, floods, or mudslides. If you want immunity to natural disasters, move to Rhode Island.

2. Language

Many people in South Florida speak Spanish as their first (and often only) language. The campus is Anglo — although some of the bilingual staff and students will speak Spanish to each other — so this is not a work issue. But it is a life issue: you will hear lots of Spanish in the stores and on AM radio. If you are the sort of person who can’t cope with foreign languages around you, there’s a strong chance you will not be happy here. I don’t speak Spanish, and I only found it a noticeable handicap for my first few weeks here, when I would get lost driving around and stop at a store for directions, then wait impatiently while they went to find the English-speaker. It’s a non-issue today unless I happen to go bargain shopping for some exotic household good, and indeed contributes to Miami’s cosmopolitan vibe.

3. Geography

It’s flat here — no mountains (and houses have no basements). More seriously, it’s also far from many of the legal nerve centers. If you’re doing national work and you are having meetings related to it, odds are the meeting will neither be in Miami nor even within driving distance. That means air travel. And while we have great direct air connections to most of the world and the law school is generous with travel support, we do not have a working time machine. Given the post-9/11 security regime at airports, and the increasing vagaries of air travel generally, it is rarely possible to have a meeting in New York or Washington without spending the night out of town. That can mean having to reschedule a class (something we allow for good causes), which is a pain for you and even more of one for your students. It certainly means that doing national committee work is always a substantial time commitment. It is almost 500 miles to the state line, and then where are you? Somewhere between Tallahassee and Moultrie, Ga.

***

This year I am not on our hiring committee. We’re searching for both entry-level and experienced scholars. Couples are encouraged to apply. The entry-level search is focused on four areas: business law generally, health law, intellectual property, and tax. The lateral search is not subject-constrained.

Whichever group you fall into, if you find the positives outweigh the negatives and have an interest in coming here, I’d be happy to try to answer any further questions you might have, either in comments to this entry or by private email. Get in touch, or contact the Chair of our Entry-Level Appointments Committee or the Chair of our Lateral Appointments Committee.

Posted in Law School, Miami | 4 Comments

SiteProbe Goes For-Pay

The Internet gives us lots of free stuff. But someone has to pay the bills. Now SiteProbe, a service that checks if your web site is up or if there's some trouble that needs looking into, has announced its days (in my case, years) of free-as-in-beer are soon to be history. From the email:

Recently we reviewed the viability of our service and as a result made a few tough decisions. The biggest of these decisions was a change in our basic business model. Due to increased economic pressures, SiteProbe will no longer be a free service. Some of you may have already noticed changes on the home page of our website that spells out a 90 day free trial, with a price after that for the basic service. A somewhat simpler pricing structure can now be seen on our “Upgrades” page.

As a current user, your free account has been converted to a free trial account that expires on December 31, 2010. The URLs of expired accounts are not monitored, but their log data may still be viewed.

Trial accounts may be upgraded to paid accounts at any time.

If you already have upgraded your account, its expiration date will not change. Be aware that if you have upgrades, but have not upgraded your “trial” URL, that URL will cease to be monitored but your upgrades will continue.

I can't blame them for wanting to make ends meet. And once or twice it's been very useful. But I'm not sure if I want to pay $18/year for checks at 15 minute intervals either to this blog, or to Jotwell. Well, maybe for Jotwell….

Posted in Internet | 1 Comment

Call for Papers

If I were going to conferences this semester, I'd likely go to this one:

Workshop on Governance of Technology, Information, and Policies (GTIP):
Addressing the Challenges of Worldwide Interconnectivity

December 7, 2010

The explosion in the use of the Internet over the last 10 years has connected institutions governments, researchers, and non-technical people throughout the world. The large number of devices connected to the networks has changed the Internet from a set of networks connecting computers to a set of networks connecting all types of objects. This trend, combined with the rise of collaborative technologies, virtual worlds, and cloud computing raises issues profoundly affecting how the management of systems, of computation, and of data is viewed.

A key issue that springs from the implications of managing the interconnection of people and devices throughout the world is how differing laws, customs, and world views have led to the application of technologies to meet goals that conflict, yet must interoperate. For example, the rules governing privacy vary throughout the world. However, with the advent of cloud computing it may no longer be possible to restrict data to jurisdictions with compatible rules because the cloud provider may migrate data or computation to leverage resources in other jurisdictions. How do we handle this situation technologically? How do we devise policies and processes to control the effects of this increasing interconnection, the technology, and the data? What implications does this have for laws, regulations, customs, and management?

The goal of this workshop is to explore these issues in a variety of contexts. We invite original position and research papers describing the challenges that must be resolved, policies, processes and technologies that may prove useful in dealing with these problems, security, technological, societal, and legal issues, as well as aspects of computing and managing data in a world of fragmented and incompatible rules. The following areas are examples of the topics that deal with the question of multi-jurisdiction computation, data management, and networking:

  • Cloud computing
  • Forensics
  • Privacy
  • Anonymity (including the need for it or the lack of need for it)
  • Attribution
  • Identity management
  • Physical and policy governance of and for the Internet
  • Frameworks for governance, particularly at the international level
  • Compliance with government regulation for multinational entities (networks, corporations)
  • Security
  • Incident response and handling
  • Emerging areas of conflict and co-operation

We particularly welcome papers that raise new concepts, describe emerging issues, and highlight work in progress that contributes to a better understanding of the issues and/or their resolution. Papers are encouraged from non-academic groups and institutions involved, or soon to be involved with these issues.

Final papers should be 6 to 8 pages long. Papers which have been previously published will not be accepted. Please use any of the templates at

http://www.acm.org/sigs/publications/proceedings-templates

to prepare your submission, as accepted papers will be posted to the ACM Digital Library. The submission web site is

http://www.acsac.org/2010/workshop/openconf/openconf.php

This workshop is co-located with ACSAC 2010. See the workshop web page at

http://www.acsac.org/2010/workshop/

for more information.

Important dates:

Full paper due                  October 1, 2010 *** changed ***
Notification of acceptance      October 15, 2010
Camera-ready artwork due        November 1, 2010
Workshop date                   December 7, 2010

Program Committee:

Matt Bishop, UC Davis
Carrie Gates, CA Labs, CA Technologies
Joseph Lorenzo Hall, UC Berkeley/Princeton
Candice Hoke, Cleveland State University
Peter Matthews, CA Labs, CA Technologies
Jane Winn, University of Washington

Organizing Committee:

Matt Bishop, UC Davis
Carrie Gates, CA Labs, CA Technologies
Peter Matthews, CA Labs, CA Technologies
Cheryl Morris, CA Labs, CA Technologies
Harvey Rubinovitz, The MITRE Corp.

Sounds good, eh?

Posted in Talks & Conferences | Comments Off on Call for Papers