It's important to remember that this would chill not only professors' speech but also that of students -- none of whom are tenured, some of whom are deeply indebted, and many of whom are simply thinking through unfamiliar ideas as they learn the law.
Imagine your 1L class participation being played on repeat in a courtroom or spread around on the Internet, potentially ripped from its original context.
Or, outside the context of law school, imagine things you said *freshman year* showing up on YouTube.

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More from @nancyleong

7 Sep 20
This weekend I have been working on a project relating to the demographics of state supreme courts and their behavior. Here are a few things I learned about state supreme courts:

2. Of those 23 state supreme courts, 12 are in states where the population of the state as a whole is over 20% people of color.
3. Fourteen state supreme courts have only one woman. Those state supreme courts are in AK, AZ, CT, FL, GA, ID, IN, LA, MS, NH, ND, RI, SC, and UT.

(I am using data from February and updating from state websites, so there could be an error or two, let me know if you see one.)
Read 8 tweets
24 Aug 20
Hi lawprof friends, I am seeing a lot of Zoom anxiety in my timeline lately, so for whatever it's worth I thought I would offer three thoughts:

My background: In March I took two classes online on 5 days notice (Conlaw & Crimpro). On 3/11 I used Zoom for the 1st time and on 3/15 I ran a class. Two weeks later I took over a 3rd class for a colleague who became ill. Over the summer I taught Conlaw II entirely online.

Thought #1: Your class doesn't have to be Fancy to be a good class. If your class IS Fancy I'm not hating! But I also think you can run a good class without fabulous lighting, slick videos, professional-quality technology, etc.
Read 15 tweets
25 Mar 20
"What would you think if, when your governor asked the federal government for the disaster assistance that Congress has provided, the President responded, 'I would like you to do us a favor.'" -- Pam Karlan, Dec. 2, 2019 (opening statement at Trump impeachment hearings)
"President Donald Trump on Tuesday appeared to condition giving federal aid to fight the coronavirus outbreak on whether states 'treat us well.'"…
Read 5 tweets
20 Dec 19
Hello, I'm a law professor who teaches constitutional law, various civil rights classes, and a seminar on critical race theory. If this is all you have read of critical race theory you aren't in a good position to weigh in on whether the discipline is methodologically robust. 1/
Critical race theory is an intellectual and political movement focusing on race and racism that emerged in law schools in the late 1980s. Here is some recommended reading: 2/
1. Derrick Bell, "Who's Afraid of Critical Race Theory?" (1995)
2. Patricia Williams, "Spirit-Murdering the Messenger: The Discourse of Finger-Pointing as the Law's Response to Racism" (1987)
3. Kimberlé Crenshaw, "Demarginalizing the Intersection of Race and Sex" (1989)

Read 10 tweets
12 Mar 19
I can attest firsthand to some of the parts of the social problem. I was a SAT/ACT tutor for Princeton Review for about five years. They had a "premier tutoring" package that cost $3000 for ten hours of tutoring. (The tutors did not reap the rewards -- I made $30/hour.)
About half of my students whose parents paid for "premier tutoring" had some kind of testing accommodation for a learning disability that provided them with extended time, usually 1.5x or 2x time.
I'm not drawing any conclusions about whether anyone did or didn't "deserve" extended time. What I do know is that the process of applying for and receiving an extended-time accommodation is complicated. There are admissions consultants that one can pay to help guide the process.
Read 8 tweets

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