The Volokh Conspiracy

Sunstein Leaves Chicago for Harvard:

Cass Sunstein, perhaps the most prolific and influential legal scholar of his generation, is leaving the University of Chicago for Harvard. A huge blow for Chicago, and a huge gain for Harvard. I may have some more thoughts on this later.

Chris 24601 (mail):
But Nussbaum's staying?
2.19.2008 11:26am
Brian Mac:
"But Nussbaum's staying?"

That was my first thought too. Slightly unrelated, but how come he never had kids? I figure that deep down, he harbours doubts about his ideas on paternalism...
2.19.2008 11:32am
lurking-anon (mail):
If Nussbaum left Chicago, the annual law school musical would suffer a great blow.
2.19.2008 11:41am
Chris 24601 (mail):
See here: "[H]e will be keeping his Chicago apartment and an office at the University of Chicago Law School, and he will also continue teaching part-time at Chicago as the Harry Kalven Visiting Professor of Law (probably in the winter quarters)."
2.19.2008 11:44am
John M. Perkins (mail):
What will it take to clean out and fumigate Cass' office. Kim Woodburn and Aggie MacKenzie need to be consulted.
2.19.2008 11:50am
John M. Perkins (mail):
After Chris 24601, it looks like UofC decided they couldn't afford Woodburn and MacKenzie.
2.19.2008 11:51am
uchicago:
Yes, Nussbaum is staying.

Also, I believe Prof. Sunstein does have a daughter, from his previous marriage.

At least Chicago students will still get a chance to take classes with him, every year in fact. And who knows, he may return here full-time some day.
2.19.2008 11:53am
gustav (mail):
So how does one good law school lure a top professor from another good law school? Is it reputation, i.e., is Harvard just that much better than Chicago? Is it pay? Is it the program, e.g., "Risk Regulation"? Is it other faculty? Is it fringe benefits? What does Harvard give Sunstein that Chicago can't (or won't)?
2.19.2008 11:58am
egn (mail):
As a law review editor, I advocated for a modification to the Bluebook "order of authorities" rule to mandate that Cass Sunstein articles always be cited first, before constitutions. For some reason, it didn't take.
2.19.2008 12:22pm
Wilson (mail):
As someone who recently was admitted to the University of Chicago law school and has not been admitted to Harvard, I find this extremely distressing, and will probably influence me to go to an NYU or a Michigan, though Chicago was first on my list previously. I just find it amusing that something like this would affect me at all.
2.19.2008 12:28pm
John M. Perkins (mail):
Go to Chicago, the pizza is better.
2.19.2008 12:35pm
uchicago:
Wilson: why would just one thing like this knock Chicago from your top spot? I realize Sunstein's loss is important, but I'd imagine the type of person who likes Chicago because of Sunstein would find similar reasons to still like Chicago (i.e., even without Sunstein, the faculty is excellent). Especially since Chicago students will still have the opportunity to take classes with Sunstein.

Side note: if the Leiter post is accurate and Sunstein will be a visiting prof at UChicago during winter quarters, doesn't that mean he'll only be teaching classes at Harvard one semester a year? Harvard's fall semester would be the only full semester he would be in residence there, since our winter quarter comprises half of their spring semester.
2.19.2008 12:35pm
Wilson (mail):
I mean, the article doesn't really say he'll still be teaching at Chicago, and that helps. THe faculty is still excellent, but markedly less so. Is it really that much better than the other schools (outside the top 3) in the top 10 now? It's a tough choice, it was a touch choice before this though, and I am simply expressing regret that it happened.
2.19.2008 12:43pm
Chris C. (mail):
I graduated from HLS last year, and was fortunate to take a class with both Nussbaum and Sunstein when they were visiting in the spring of '07. Even as an alum, I'm thrilled about getting Sunstein. He is the smartest man I've ever met by a wide margin, and, unlike many of the other big names at Harvard, incredibly friendly and approachable. In any case, I imagine that what Harvard offers Sunstein (and what I've heard from professors generally who are lured away; we lost a couple good names to Yale while I was there) is that he probably doesn't need to teach more than 2, and maybe just one class a year. In the three years I was at Harvard, for example, Tribe taught 2 classes. It probably also offers more faculty with whom he can do cross-disciplinary work; he seems to be all about the intersection of psychology, econ, and law these days.

On another note, I'd still choose Chicago over NYU or Michigan, unless you're getting money from NYU. Chicago still has a better, more nerdy faculty. NYU's advantages are clinical experience, location, and the fact that they give scholarships. If you're not getting money and you don't care about being in New York, most of that's irrelevant to your decision anyway.
2.19.2008 12:54pm
uchicago:
Wow, only two classes over three years? Thats insane. I know the professors are still available outside of class, but I would also actually want to take classes with them.

For comparison's sake, Sunstein is teaching 4 courses at Chicago this year ('Elements of the Law', a 1L course, and three upper level courses: 'Administrative Law', 'Behavioral Law and Economics: Selected Topics', and 'Environmental Law').
2.19.2008 1:02pm
Stan Morris (mail):
the Harry Kalven Visiting Professor of Law (probably in the winter quarters


If it's to come back a s Harry Kalvan professor, it should be for the Spring Quarter. The Baseball is fresher and the Cubs haven't folded yet.
2.19.2008 1:21pm
John M. Perkins (mail):
UofChicago is on the Southside. The White Sox won't have folded yet.
2.19.2008 1:47pm
kiniyakki (mail):
I'd also be curious about a law professor's reasons for changing from U. Chicago to Harvard. Or, a general discussion of what motivates other moves from one school to another.

Finally, take Michigan (my 2 cents). Someday when Michigan goes to the Rose Bowl again, you'll be thinking that I'd be a lot cooler if I went to Michigan
2.19.2008 2:06pm
acidburn (mail):
2 classes every year for 3 years. although this year tribe only taught during winter, and he had to cancel his Spring con law class for medical reasons.
2.19.2008 2:16pm
Hoosier:
John M. Perkins--I'm with you on the pizza: Boston has Italians, but Chicago has the pizza. Giordano's or Carmen's? Can't go wrong.

But I suspect that Hyde Park is more "on" the South Side than "of" the South Side. And thus has more Cubs fans. After all, support for the Sox is inversely proportional to literacy. (As you can tell by the spelling of the team's name.)
2.19.2008 2:23pm
ScottVA:
Not a law school student or graduate (though I am a Uchicago grad student) so I'm asking out of complete ignorance--I had heard that in recent years (say roughly the past 5) the UC law school has lost a good number of top faculty to other schools? Any truth to this--that is, anything out of the ordinary?

Also, in my experience, since a huge number of UC students are not from Chicago/Illinois/Midwest, they have no natural tie to the Cubs, and the Sox are in fact more popular. Not claiming to be definite, but my observation. As one from a part of the country where nobody really cares about baseball, I'm somewhat bemused by the Cubs-Sox rivalries, and the way people bring up seeming class arguments pro and against!
2.19.2008 3:35pm
2L:
Chicago has lost a few other professors lately (Tracy Meares to Yale, Adrien Vermeule to Harvard, Jack Goldsmith to Harvard, Doug Lichtman to UCLA, etc.), but it seems like this is par for the course for them... and they seem to have rebounded with new hires. How they rebound from Sunstein (if they can), I don't know.

But Chicago seems used to "finding" young professors. Some of their latest entry level hires seem to have quite a bit of promise (Jacob Gersen, Jonathan Masur, M. Todd Henderson, Anup Malani, etc.), not to mention the "middle generation" of entry level hires (e.g., Lior Strahilevitz).
2.19.2008 4:01pm
Randy R. (mail):
"So how does one good law school lure a top professor from another good law school? Is it reputation, i.e., is Harvard just that much better than Chicago? Is it pay? Is it the program, e.g., "Risk Regulation"? Is it other faculty? Is it fringe benefits? What does Harvard give Sunstein that Chicago can't (or won't)?"

Corner office with river view.
2.19.2008 6:18pm
Hoosier:
"As one from a part of the country where nobody really cares about baseball, I'm somewhat bemused by the Cubs-Sox rivalries, and the way people bring up seeming class arguments pro and against!"

(That part called North Korea, I bet.)
2.19.2008 6:42pm
ScottVA:
(That part called North Korea, I bet.)


Tobacco Road, where basketball rules all else.
2.19.2008 9:31pm
David Cohen:
And both schools get more conservative.
2.20.2008 12:06am
Visitor Again:
You know, sometimes, after 25 years or so in one spot, it's time to move on and try something a bit different. Almost everyone likes a change of scenery every quarter of a century or so.
2.20.2008 4:05am
Guest 41 (mail):
Harvard did not poach Sunstein from Chicago. Sunstein is dating Samantha Power, who is a Pulitzer prize-winning, Obama-advising member of the faculty at the Kennedy School of Government at Harvard. He is going to Boston to be with her.
2.20.2008 11:31am
spider:
Guest 41 at 11:31am is full of crap about Samantha Power, right? I just wanted to verify. Even if he were dating Power, she is likely moving to DC to work in the Obama administration, so she won't be at Harvard any longer...
2.20.2008 8:34pm
Chris 24601 (mail):
More speculation and gossip in the thread here.
2.21.2008 2:34pm