News & Media http://www.law.uchicago.edu/feeds/newsandmedia.rss en Private Ordering, Social Capital, and Network Governance in Procurement Contracts: A Preliminary Exploration http://www.law.uchicago.edu/faculty/research/lisa-bernstein-private-ordering-social-capital-and-network-governance-procurement-c <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/Bernstein%20Lisa.jpg </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Lisa Bernstein </div> </div> </div> <p>This essay begin by observing that the master agreements that nominally govern the transactions between Mid-Western Original Equipment Manufacturers and their suppliers, are not, for the most part, designed to create legal obligations. Rather they play a role in these transactions that is akin to the role played firm boundaries in the Coase Williamson theory of the firm--they create a space that is largely free of legal governance in which private order can flourish. The essay then explains the ways that contract provisions, contract administration mechanisms, and other formal structures created by these firms, interact with forces created by repeat dealing as well as relational and structural social capital to support cooperative contractual relationships.</p> <p>The essay concludes that unlike the relational contracts described by Stewart Macauly in his seminal piece, the relational contracts between OEMs and their suppliers are not informal—indeed they rely for their effectiveness on numerous formal structures that may far more expensive to create than it would be to draft a contract; yet they offer two major advantages to those who use them. First, because the nonlegal sanctions used to sustain these relationships can be imposed without filing a lawsuit and ending the contracting relationship, they can more adequately bond the agreements’ many interior promises than court imposed damages that can only credibly threatened or collected when the breach is large enough to make it worthwhile to end the parties contracting relationship. Second, the interpersonal interactions and information transfers relational contracts rely on, create conditions under which key employees are more likely, over time, to come up with value creating future deals that only become visible once exchange has begun.</p> Fri, 17 Oct 2014 21:42:57 +0000 willcanderson 23925 at http://www.law.uchicago.edu Trade Usage in the Courts: The Flawed Conceptual and Evidentiary Basis of Article 2’s Incorporation Strategy http://www.law.uchicago.edu/faculty/research/lisa-bernstein-trade-usage-courts-flawed-conceptual-and-evidentiary-basis-article-0 <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/Bernstein%20Lisa.jpg </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Lisa Bernstein </div> </div> </div> <p><span>This paper draws on an empirical study of every&nbsp;</span><span class="searchTermsHighlighted">trade</span><span>&nbsp;</span><span class="searchTermsHighlighted">usage</span><span>&nbsp;case decided under&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;Uniform Commercial Code from 1970 to 2007 to revisit&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;debate over&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;desirability of&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;incorporation strategy,&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;interpretive approach that directs</span><span class="searchTermsHighlighted">courts</span><span>&nbsp;to look to course of dealing, course of performance and&nbsp;</span><span class="searchTermsHighlighted">usage</span><span>&nbsp;of&nbsp;</span><span class="searchTermsHighlighted">trade</span><span>&nbsp;to interpret contracts and fill contractual gaps. Although&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;strategy is generally defended on&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;grounds that it will reduce specification costs without unduly increasing interpretive error costs,&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;data presented&nbsp;</span><span class="searchTermsHighlighted">in</span><span>&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;paper show that&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;empirical assumptions on which this defense is based are empirically false. More specifically, it shows that contrary to&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;claims of incorporation's defenders, usages are not typically demonstrated through&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;introduction of “objective evidence” such as expert witness testimony, industry&nbsp;</span><span class="searchTermsHighlighted">trade</span><span>&nbsp;codes, or statistical evidence that a particular practice is widely observed. Rather, they are most commonly established solely through&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;testimony of&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;parties or their employees. Moreover, there is not a single case&nbsp;</span><span class="searchTermsHighlighted">in</span><span>&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;study&nbsp;</span><span class="searchTermsHighlighted">in</span><span>&nbsp;which&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;regularity with which a practice is observed is demonstrated through statistical evidence rather than mere assertion. Together with additional data demonstrating&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;frequency with which usages are permitted to trump written contractual provisions (thus requiring parties to fortify their contracts with multiple terms designed to fend off</span><span class="searchTermsHighlighted">usage</span><span>&nbsp;based interpretation),&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;study’s findings suggest that: (1)&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;strategy is likely to increase contract specification costs, and (2)&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;interpretive error costs introduced by incorporating&nbsp;</span><span class="searchTermsHighlighted">usage</span><span>&nbsp;are likely to be far higher than previously recognized.&nbsp;</span><span class="searchTermsHighlighted">The</span><span>&nbsp;paper then draws on this more accurate picture of&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;way&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;incorporation strategy really works&nbsp;</span><span class="searchTermsHighlighted">in</span><span>&nbsp;practice to explore&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;reasons that&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;conceptual basis of&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;arguments for incorporating&nbsp;</span><span class="searchTermsHighlighted">trade</span><span>&nbsp;</span><span class="searchTermsHighlighted">usage</span><span>&nbsp;are also deeply flawed, particularly when applied to contracts between large multiagent firms&nbsp;</span><span class="searchTermsHighlighted">in</span><span>&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;modern outsourced economy.&nbsp;</span><span class="searchTermsHighlighted">The</span><span>&nbsp;data and arguments&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;paper presents add to&nbsp;</span><span class="searchTermsHighlighted">the</span><span>&nbsp;growing literature&nbsp;</span><span class="searchTermsHighlighted">in</span><span>&nbsp;defense of neo-formalist approaches to contract interpretation, at least&nbsp;</span><span class="searchTermsHighlighted">in</span><span>&nbsp;contracts among businesses.</span></p> Fri, 17 Oct 2014 21:39:50 +0000 willcanderson 23924 at http://www.law.uchicago.edu New Named Visiting Professorship for Doctoroff Program http://www.law.uchicago.edu/alumni/magazine/fall14/thomascolesidleyaustinprofessorship <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Gifts from Thomas Cole, ’75, and the Sidley Austin Foundation have created the Thomas A. Cole–Sidley Austin Distinguished Visiting Professorship in Business Law.</p> </div> </div> </div> <p>Gifts from Thomas Cole, ’75, and the Sidley Austin Foundation have created the Thomas A. Cole–Sidley Austin Distinguished Visiting Professorship in Business Law.</p> <p>The professorship adds another prominent faculty presence within the Law School’s Doctoroff Business Leadership Program. It is held this year by Steven Kaplan, who has served on the faculty of the Booth School of Business since 1988 and has also been the faculty director of the Booth School’s Polsky Center for Entrepreneurship and Innovation. Kaplan, who has taught at the Law School twice before, will teach entrepreneurial finance.</p> <p>Thomas Cole, a Sidley Austin partner, stepped down last year as chair of the firm’s executive committee after 15 years in that position. Cole’s practice has focused on public company mergers and acquisitions and corporate governance. He has been involved in scores of notable transactions, including more than 35 mergers and spin-offs valued at more than a billion dollars each. He says: “I came to the Law School wanting to be a corporate lawyer, without understanding what that really meant. I learned what it meant from a great faculty, and none greater than Walter Blum—any class he taught, I took. I’ll be grateful to&nbsp;him forever.”</p> <p>Cole joined Sidley right out of law school. Seven years later, having become a partner, he also became (while retaining his partnership role at Sidley) vice president for law&nbsp;at Chicago-based Northwest Industries, then a Fortune 100 conglomerate. He held that position for three years. “At a relatively young age,” Cole recalls, “I got to see first-hand how CEOs, general counsel, and boards looked at legal issues and made decisions. That experience was formative, enabling me to initiate the M&amp;A practice when I returned full-time to Sidley in 1985, and also informing my corporate governance practice, which is transactionally oriented, focusing on how boards make decisions.”</p> <p>Last year, Cole resumed teaching the corporate governance seminar at the Law School that he led for six years in the 1990s but then had to set aside because of his&nbsp;firm leadership responsibilities. “I’m very happy to be back teaching at this school that I so love and admire,” he says.</p> <p>Cole has served five terms on the Law School’s Visiting Committee, has been a member of the Law School Business Advisory Council since its formation, and has served as a volunteer at many reunions. He is a trustee of the University of Chicago, and he recently retired from the board of Northwestern Memorial Healthcare after twenty years of service, including a term as board chair.</p> <p>Carter Phillips, who succeeded Cole as Sidley’s executive committee chair, says, “Tom helped manage our law firm through unprecedented growth and prosperity. In searching for a meaningful way to recognize his contributions to the firm, we could identify no better way to do that than to contribute to a professorship at the University of Chicago Law School, which has been and still is such an important part of Tom’s professional life.”</p> <p>This is the second professorship to carry the Sidley Austin name. Lior Strahilevitz has been Sidley Austin Professor of Law since that chair was established in 2011.</p> <p>Dean Schill observes: “Tom Cole has for decades been the gold standard in American corporate law and he has also been one of the Law School’s greatest supporters and advocates. Sidley has for years enjoyed a special relationship with the Law School. More of our graduates are attorneys at Sidley than at any other law firm in the nation. I couldn’t be happier and prouder than to have a professorship named after Tom and the firm that will honor both in perpetuity.”</p> <div class="field field-type-filefield field-field-image"> <div class="field-items"> <div class="field-item odd"> <div class="filefield-file"><img class="filefield-icon field-icon-image-jpeg" alt="image/jpeg icon" src="http://www.law.uchicago.edu/profiles/palantirprofile/modules/filefield/icons/image-x-generic.png" /><a href="http://www.law.uchicago.edu/files/image/thomascole.jpg" type="image/jpeg; length=10140">thomascole.jpg</a></div> </div> </div> </div> <div class="field field-type-filefield field-field-thumbnail"> <div class="field-items"> <div class="field-item odd"> <div class="filefield-file"><img class="filefield-icon field-icon-image-jpeg" alt="image/jpeg icon" src="http://www.law.uchicago.edu/profiles/palantirprofile/modules/filefield/icons/image-x-generic.png" /><a href="http://www.law.uchicago.edu/files/thumbnail/thomascole-thumb.jpg" type="image/jpeg; length=3961">thomascole-thumb.jpg</a></div> </div> </div> </div> Fri, 17 Oct 2014 19:19:14 +0000 willcanderson 23914 at http://www.law.uchicago.edu Civil Liberties Outside the Courts http://www.law.uchicago.edu/faculty/research/laura-weinrib-civil-liberties-outside-courts <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/Weinrib,%20Laura%202011-07-18.jpg </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Laura Weinrib </div> </div> </div> <p>This article recovers the institutional alternatives to judicial enforcement of civil liberties during the New Deal. Based on archival research, it demonstrates that the court-based strategy was deeply contested and remained controversial well after the foundational First Amendment victories. Today, theories of civil liberties are premised on state neutrality in the domain of public debate; in the 1930s, the most prominent accounts demanded affirmative government intervention to correct distortions in the marketplace of ideas or to advance substantive rights. In examining these forgotten traditions, the article highlights the close and unexplored connection between civil liberties and organized labor during the New Deal. Surprisingly, early proponents of civil liberties understood the term to encompass, above all, the rights to organize, picket, and strike. Reconstructing the competing visions of civil liberties and their optimal enforcement before and after the “Constitutional Revolution” reveals the anticipated trade-offs of the judicial strategy, with important implications for theoretical accounts of constitutional change.</p> Fri, 17 Oct 2014 18:34:14 +0000 willcanderson 23913 at http://www.law.uchicago.edu Merchant Law in a Modern Economy http://www.law.uchicago.edu/faculty/research/lisa-bernstein-merchant-law-modern-economy-0 <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/BernsteinLisa.jpg </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Lisa Bernstein </div> </div> </div> <p><span>Drawing on empirical evidence from the Middle Ages to the present and theoretical arguments developed by neo-formalist scholars over the past decade, this Essay explores the uneasy fit between the jurisprudence of the Uniform Commercial Code and its Machinery for adjusting to change, and the needs of a modern outsourced economy. It concludes that when the effects of the Code on multi-agent firms dealing with other multi-agent firms are taken into account, it becomes clear that to support trade in the modern economy mere amendments to Article 2 will not suffice; commercial law must be rethought from the ground up.</span></p> Fri, 17 Oct 2014 18:31:21 +0000 willcanderson 23912 at http://www.law.uchicago.edu Brenda Johnson named Library Director and University Librarian http://news.lib.uchicago.edu/blog/2014/10/16/brenda-johnson-named-library-director/ <a href='http://news.lib.uchicago.edu/blog/2014/10/16/brenda-johnson-named-library-director/'><img width="87" height="120" src="http://news.lib.uchicago.edu/wp-content/uploads/2014/10/Brenda-Johnson-ns-87x120.jpg" class="attachment-post-thumbnail-image-thmb" alt="Brenda Johnson" /></a>Brenda L. Johnson, an internationally respected leader in the field of library science, has been appointed Library Director and University Librarian, Provost Eric Isaacs announced October 16. Her five-year term begins January 1, 2015. <a href="http://news.lib.uchicago.edu/blog/2014/10/16/brenda-johnson-named-library-director/">Continue&nbsp;reading&nbsp;<span class="meta-nav">&raquo;</span></a> Thu, 16 Oct 2014 17:09:16 +0000 Susie Allen, The University of Chicago http://news.lib.uchicago.edu/?p=25224 Practical Law training session, Fri., Oct. 17, 12:15 p.m. in Room E http://news.lib.uchicago.edu/blog/2014/10/16/practical-law-training-session-fri-oct-17-1215-p-m-in-room-e/ Dennis Elverman from Westlaw will be at the Law School on Friday, October 17, at 12:15 pm in Classroom E, to give a presentation on using Practical Law, a transactional law focused resource available via WestlawNext. Practical Law provides model documents &#8230; <a href="http://news.lib.uchicago.edu/blog/2014/10/16/practical-law-training-session-fri-oct-17-1215-p-m-in-room-e/">Continue&#160;reading&#160;<span class="meta-nav">&#187;</span></a> Thu, 16 Oct 2014 16:49:22 +0000 D'Angelo Law http://news.lib.uchicago.edu/?p=25235 International Human Rights Clinic Spurs Chicago Domestic Violence Resolution http://www.law.uchicago.edu/news/international-human-rights-clinic-spurs-chicago-domestic-violence-resolution <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications Office </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">October 15, 2014</span> </div> </div> </div> <p>The <a href="http://ihrclinic.uchicago.edu/">International Human Rights Clinic</a> worked with City of Chicago attorneys on <a href="http://www.cityofchicago.org/content/dam/city/depts/fss/supp_info/DV/DVResolution100814.pdf">a resolution</a> (PDF) that was adopted on October 8, recognizing that “domestic violence [i]s a human rights concern” and resolving “that the City is committed to respond diligently to acts of domestic violence, and that each of the City’s departments shall incorporate the principles embodied in this resolution into their policies and practices.” Chicago the thirteenth municipality in the nation (and the largest) to adopt such a resolution.</p> <p>The other 12 resolutions can be <a href="http://www.law.miami.edu/human-rights-clinic/pdf/2014/local-resolutions-2014.pdf">found here</a> (PDF).</p> Wed, 15 Oct 2014 14:22:27 +0000 willcanderson 23894 at http://www.law.uchicago.edu Law School Orgs Give Students Workplace Boost http://www.law.uchicago.edu/news/law-school-orgs-give-students-workplace-boost <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Becky Beaupre Gillespie </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">October 14, 2014</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>The Law School’s associations, journals, and other activities provide valuable opportunities to sharpen skills in interpersonal communication, leadership, time management, team-building, persuasion, networking, and organization—all critical differentiators in today's workplace.</p> <div><span>&nbsp;</span></div> </div> </div> </div> <p>When Viviana Aldous, ’15, was working as a summer associate at Jenner &amp; Block in Chicago this summer, she found herself drawing on skills she’d developed as the editor-in-chief of the <em><a href="http://www.law.uchicago.edu/studentorgs/legalforum">Legal Forum</a></em>. She had to be able to recognize the little differences in partners’ preferences—their styles, the way they wanted memos submitted—and seamlessly adapt. She had to be mindful of her demeanor and attuned to the needs of those around her.</p> <p>Fortunately, she had experience managing relationships and identifying the subtleties of individual style.</p> <p>“A lot of my job on the journal is to manage the staff and the board members, and ensure that we’re doing what we need to be doing in a timely manner. I learned to work with students around their schedules and communicate with them professionally,” she said. “Also, as an editor, you’re working with scholars who have far more training and expertise than you have as a student. So you have to learn how to delicately balance your responsibility as an editor with your duty to preserve a writer’s style and voice and the level of scholarship in the article.”</p> <p>This isn’t the stuff of classroom learning, but Aldous and other law students say they’ve found it’s every bit as essential to workplace success. Fortunately, the Law School’s associations, journals, and other activities provide valuable opportunities to sharpen skills in interpersonal communication, leadership, time management, team-building, persuasion, networking, and organization.</p> <p>“You might have someone who is really good at what she does as an attorney, but if she isn’t approachable or professional, that can make all the difference,” Aldous said.</p> <p>The Law School is already on the forefront of “action skill” development with its new <a href="http://www.law.uchicago.edu/prospective/admitted/kapnick">Kapnick Leadership Initiative</a>, an innovative program designed to help first-year students develop self-awareness, communication, relationship-building, and other professional chops not taught in traditional classes. Second- and third-year students—many already buzzing about the new program that the class of 2017 participated in during their orientation this fall—say there’s a growing awareness that these skills are critical differentiators in the workplace.</p> <p>Jackie Newsome, ’15, the immediate past president of the <a href="http://www.law.uchicago.edu/studentorgs/blsa">Black Law Students Association</a>, says the communication savvy she honed in BLSA and on a variety of committees and boards helped her excel in her summer jobs at the public defender’s offices in Washington, D.C., and Cook County.</p> <p><img style="float: left; margin: 10px;" src="http://www.law.uchicago.edu/files/files/sbos_-_knoxville_-_jackie_newsome_presentation.jpg" alt="" width="280" height="270" /></p> <p>“A big part of public defender work is your skill in communicating with other people, especially people who don’t agree with you for various reasons: prosecutors, judges, even your clients who don’t yet trust you. I used a lot of the skills I developed on those boards to navigate the different relationships and expectations,” Newsome said. “When I started at Cook County, I had a 711 student license, and I went into the bullpen the first day, and I had to project competence. That is something that you learn to do in a leadership role. There are people who are looking to you for answers, and you have to be able to provide that, even if you’re unsure at first yourself.”</p> <p>Casen Ross, ’15, gained valuable experience when he booked Rep. Luis V. Gutiérrez (D-IL) to speak on immigration reform at an American Constitution Society event at the Law School last winter. He found a “warm” connection to the congressman’s office, then worked with schedulers to find a date. He had to be strategic, well-informed, and persuasive; he needed to think about the visit from the congressman’s point of view.</p> <p>“I needed to know where the House was going to be on various immigration issues—there were points when immigration issues were more salient and in the news—and pivot the conversation in that direction so that he would be able to visit the school at a time that was mutually advantageous,” he said.</p> <p><a href="http://www.law.uchicago.edu/studentorgs/sos">Spring Break of Service</a>, which Ross spent at the public defender’s office in New Orleans, gave him a different kind of real-world experience: the opportunity to see the challenges public defenders face, as well as the ways in which “law manifests itself in real life.”</p> <p>All this boosted his confidence, perspective, and professionalism as he headed into summer jobs at the U.S. Department of State and at the law firm Wachtell, Lipton, Rosen &amp; Katz in New York.</p> <p>“I was able to network with the attorneys, and talk to them in a professional way about what they’re doing and get a stronger sense for how that aligns with my professional interests,” Ross said. “Communicating with people who aren’t law students helps develop those skills, and makes you more comfortable.”</p> <p>Student activities also offer valuable lessons in group dynamics and hierarchy, said Kara Ingelhart, <img style="float: right;" src="http://www.law.uchicago.edu/files/files/lawschool_2013-14_0000-00-00_0044.jpg" alt="" width="387" height="259" />’15, a past president of <a href="http://www.law.uchicago.edu/studentorgs/outlaw">OutLaw</a> who worked last summer as a law fellow at the National LGBTQ Task Force in Washington, D.C. and as a summer associate in the intellectual property litigation department at Foley &amp; Lardner in Chicago.</p> <p>“When you’re the president of a student organization, you have to be aware of everyone else’s role because you have to direct the treasurer, and the events coordinator, and the social chair, and the admissions outreach person. In order to delegate, you have to know what you’re delegating,” said Ingelhart, who also learned a lot working with Law School administrators on the Dean of Students’ Advisory Board and the Student Admissions Committee. “I really honed my networking skills, and learned to work with people who are senior to me—approaching them with respect and clarity.”</p> <p>Regardless of their extracurricular involvement, though, Chicago Law students have a built-in advantage when it comes to developing interpersonal skills, said Robert Catmull, ’15, who worked last summer at O'Melveny &amp; Myers in its entertainment litigation department in the Los Angeles neighborhood of Century City, and at litigation boutique Butler Rubin Saltarelli &amp; Boyd in Chicago.</p> <p>“Because we have such a small class size, you really have to interact with everyone in your class,” said Catmull, who is involved with several activities, including the <a href="http://www.law.uchicago.edu/studentorgs/llsa">Latino/a Law Students Association</a> and the <a href="http://www.law.uchicago.edu/studentorgs/lsa">Law Students Association</a>. “There are people here who I get along with well but I don’t agree with politically or ideologically. Understanding how to maintain a positive relationship with people who I otherwise might not interact with is something that has definitely helped me. I value those relationships, and I enjoy the different ideas. That’s something that I will carry all through life.”</p> <p><span style="font-family: Times New Roman;"> </span></p> <div class="field field-type-filefield field-field-image"> <div class="field-items"> <div class="field-item odd"> <div class="filefield-file"><img class="filefield-icon field-icon-image-jpeg" alt="image/jpeg icon" src="http://www.law.uchicago.edu/profiles/palantirprofile/modules/filefield/icons/image-x-generic.png" /><a href="http://www.law.uchicago.edu/files/image/sbos_-_nola_casen_ross_sri_pernankil_shannon_lee_stephanie_spiro_and_darell_hayes_working_on_projects_for_their_attorneys.jpg" type="image/jpeg; length=116936">sbos_-_nola_casen_ross_sri_pernankil_shannon_lee_stephanie_spiro_and_darell_hayes_working_on_projects_for_their_attorneys.jpg</a></div> </div> </div> </div> Tue, 14 Oct 2014 16:39:36 +0000 beckygillespie 23885 at http://www.law.uchicago.edu Let’s Make a Deal, Good Sir: The Hiring of the Law School’s First Faculty http://www.law.uchicago.edu/news/let%E2%80%99s-make-deal-good-sir-hiring-law-school%E2%80%99s-first-faculty <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Becky Beaupre Gillespie </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">October 16, 2014</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>In the first installment of&nbsp;our Throwback Thursday series, we look back at the hiring of the Law School's first faculty.</p> </div> </div> </div> <p><em><span style="font-family: Calibri;">Throwback Thursday is a monthly feature offering glimpses into the Law School’s rich history. This is our first installment.</span></em></p> <p><span style="font-family: Calibri;">The story of the Law School’s birth—or snippets of it, anyway—lives in a small stack of 112-year-old correspondence exchanged between the University of Chicago’s first president, William Rainey Harper, and the elite scholars he was recruiting as faculty. Their voices, at once gracious and demanding, echo in the crisp telegrams and mannerly letters that outline their expectations.</span></p> <p><span style="font-family: Calibri;">“My dear sir,” the missives often begin, before laying forth an employment proposal or thoughts on the curriculum. They generally conclude with a flourish of gentility: “Assuring you of my hearty co-operation, I am very truly yours,” or “With highest esteem, believe me.” Some of the letters are typed, lightly drawn with the occasional edit, and others dress their pronouncements—<em>It strikes me that it would not be best to reproduce the Harvard Law School here</em>—in gracefully curved handwriting. Together, the writings tell of shrewd negotiation, high expectations, and an unflagging devotion to excellence.</span></p> <p><span style="font-family: Calibri;"><strong><em>Handwritten Western Union draft, April 1902</em></strong>: <em>Professor J.P. Hall, Leland Stanford University, Palo Alto, Calif. — Telegram received. School opens Oct. first. Beale of Harvard Dean. Methods and spirit like Harvard. Beale suggests you take Commercial Law and Evidence or Equity. Full professorship salary fifty-five hundred dollars. We know Harvard offer. Have written. Other colleagues Mechem of Michigan probably Mack and Lee with others. William R. Harper.</em></span></p> <p><span style="font-family: Calibri;">In April of 1902, there were less than six months before the University of Chicago Law School was due to open. Joseph Henry Beale, Jr., had just agreed to serve as founding dean during a leave of absence from Harvard, but only after substantial wrangling over how<span style="font-family: Calibri;"><img style="float: right;" src="http://www.law.uchicago.edu/files/files/telegram-1902-harper-to-hall-web.jpg" alt="telegram Harper to Hall" width="359" height="298" /></span> closely the curriculum would resemble Harvard’s. Now Harper was busy hiring faculty. Ernst Freund was transferring to the Law School from Chicago’s political science department, and Harper had stolen Julian W. Mack and Blewett Lee from Northwestern University. He was working to hire Floyd R. Mechem from the University of Michigan, as well as James Parker Hall and Clarke Butler Whittier from Stanford. </span></p> <p><span style="font-family: Calibri;">The urgency was palpable.</span></p> <p><span style="font-family: Calibri;"><strong>The Western Union Telegraph Company, April 28, 1902: </strong><em>Professor Clarke Butler Whittier, Leland Standford (sic) University, Palo Alto, Calif.—Would you consider proposition of professorship in new faculty of Law. Salary fifty-five hundred. Answer. Beale very anxious. William R. Harper.</em></span></p> <p><span style="font-family: Calibri;">The salary was generous, among the highest of any American law school; it was a strategy the business-savvy Harper used to lure prominent scholars to departments throughout the university. It was more than double what Harvard had offered Hall for an assistant professorship, and Harper hoped it would be high enough to lure Mechem, too.<em>&nbsp;</em></span></p> <p><span style="font-family: Calibri;"><strong>Excerpt of typed letter to Harper from Mechem, April 3, 1902: </strong><em>I am led to say there are conditions upon which I should be willing to consider a proposition to remove to Chicago …</em></span></p> <p><span style="font-family: Calibri;"><img style="margin: 10px; float: left;" src="http://www.law.uchicago.edu/files/files/floyd-mechem-web.jpg" alt="" width="187" height="275" />Mechem wanted to be in charge of constitutional law, taxation, and the law of public officers and offices, and he wanted to be sure he had a “reasonable amount of leisure for research and writing.” His third condition involved money:</span></p> <p><em><span style="font-family: Calibri;">I should expect that my salary shall be of the highest class paid to professors in the School of Law. I am not mercenary, but I <span style="text-decoration: underline;">am</span> jealous of that sort of professional standing which comparative salaries usually indicate.</span></em></p> <p><em><span style="font-family: Calibri;">I am entirely satisfied with my position here, and am in no sense anxious to change. The authorities and people here have been exceedingly generous to me, and I find that offers of further kindness are likely to increase the difficulties of decision to leave …</span></em></p> <p><span style="font-family: Calibri;"><span style="font-family: Times New Roman;">S</span>ome back and forth ensued as Mechem weighed his obligations to Michigan. Harper persisted, at one point writing, “We want you, and we want you very much.” Mechem eventually agreed to come to Chicago, but not in the first year.</span></p> <p><span style="font-family: Calibri;">Harper was more immediately successful with Whittier, who accepted quickly, and with Hall, who first considered the offer from Harvard.</span></p> <p><span style="font-family: Calibri;"><strong>Typed letter to Hall from Harper, April 16, 1902</strong>: <em>We understand that Mr. Eliot sent you the same evening the proposition to accept an assistant professorship at Harvard. We are hoping you may see your way clear to join us in Chicago and help establish a new school which shall … do for the west what Harvard has done for the east. The faculty is a most excellent one as thus far constituted …</em></span></p> <p><span style="font-family: Calibri;">Five days later, Hall accepted.</span></p> <p><span style="font-family: Calibri;"><strong>Handwritten letter to Harper from Hall, April 21, 1902: </strong><em>Let me thank you for the offer, which to a man of my age seems particularly generous and attractive. … I shall enjoy working with (the faculty) in organizing the school and getting it underway.</em></span></p> <p><span style="font-family: Calibri;"><strong><span style="font-family: Times New Roman;">T</span>yped letter to Hall from Harper, April 29, 1902:</strong> <em>I wish to express my great appreciation of your prompt reply, and to assure you that we shall look forward with great satisfaction to your coming. You will be glad to know that arrangements were completed yesterday for the money which will enable us to build a new law building, and we shall begin work as soon as the faculty has agreed upon plans.</em></span></p> <p><em><span style="font-family: Calibri;">Looking forward to the pleasure of seeing you October first next, if not earlier, I remain yours very truly, W.R. Harper.</span></em></p> <p><span style="font-family: Calibri;">On May 1, 1902, the university’s trustees approved the Law School’s first faculty. Hall went on to become<img style="float: right;" src="http://www.law.uchicago.edu/files/files/three-generations-of-james-parker-hall-web.jpg" alt="Three geneations of Halls" width="250" height="291" /> the Law School’s first permanent dean, and the longest serving, holding the position from 1904 to 1928. His son, J. Parker Hall II, served as University Treasurer from 1946 to 1969, and his grandson, J. Parker Hall III, was a longtime University Trustee beginning in 1988. </span></p> <p><span style="font-family: Calibri;">Mack taught at the Law School until his retirement in 1940. He also served as a federal appellate judge beginning in 1910, serving in the Seventh, Sixth, and Second circuits. Before that, he was a judge in Cook County Circuit Court and in the First Illinois District Appeals Court, and helped found Chicago’s first juvenile court.</span></p> <p><span style="font-family: Calibri;">Freund taught at the Law School until 1932 and was a leader in the development of administrative law in the United States in the early twentieth century.</span></p> <p><span style="font-family: Calibri;">Mechem taught at the Law School until his death in December 1928. Shortly after, the school’s third dean, Harry A. Bigelow, wrote in the <em>American Bar Association Journal</em>: “During the course of his long career as a teacher of law, he came in contact with thousands of students. It is doubtful if any member of the teaching profession ever had a greater and more enduring hold upon the affections of those with whom he so came in contact than did Mr. Mechem.”</span></p> <p><span style="font-family: Times New Roman;"> </span></p> <div class="field field-type-filefield field-field-image"> <div class="field-items"> <div class="field-item odd"> <div class="filefield-file"><img class="filefield-icon field-icon-image-jpeg" alt="image/jpeg icon" src="http://www.law.uchicago.edu/profiles/palantirprofile/modules/filefield/icons/image-x-generic.png" /><a href="http://www.law.uchicago.edu/files/image/james-parker-hall-web.jpg" type="image/jpeg; length=14266">james-parker-hall-web.jpg</a></div> </div> </div> </div> Tue, 14 Oct 2014 16:00:42 +0000 beckygillespie 23883 at http://www.law.uchicago.edu