Obama at Chicago:

The NYT reports on Barack Obama's time teaching at the University of Chicago. Of particular interest, the article includes links to a syllabus and several exams from his classes.

UPDATE: Brian Leiter comments on the story here.

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Obama as a Law Teacher.--

The New York Times has a good article on Barack Obama's time teaching at the University of Chicago Law School.

But Mr. Obama's years at the law school are also another chapter — see United States Senate, c. 2006 — in which he seemed as intently focused on his own political rise as on the institution itself. Mr. Obama, who declined to be interviewed for this article, was well liked at the law school, yet he was always slightly apart from it, leaving some colleagues feeling a little cheated that he did not fully engage. The Chicago faculty is more rightward-leaning than that of other top law schools, but if teaching alongside some of the most formidable conservative minds in the country had any impact on Mr. Obama, no one can quite point to it.

"I don't think anything that went on in these chambers affected him," said Richard Epstein, a libertarian colleague who says he longed for Mr. Obama to venture beyond his ideological and topical comfort zones. "His entire life, as best I can tell, is one in which he's always been a thoughtful listener and questioner, but he's never stepped up to the plate and taken full swings."

Mr. Obama had other business on his mind, embarking on five political races during his 12 years at the school. Teaching gave him satisfaction, along with a perch and a paycheck, but he was impatient with academic debates over "whether to drop a footnote or not drop a footnote," said Abner J. Mikva, a mentor whose own career has spanned Congress, the federal bench and the same law school.

Douglas Baird, another colleague, remembers once asking Mr. Obama to assess potential candidates for governor.

"First of all, I'm not running for governor, " Mr. Obama told him. "But if I did, I would expect you to support me."

He was a third-year state senator at the time. . . .

For all the weighty material, Mr. Obama had a disarming touch. He did not belittle students; instead he drew them out, restating and polishing halting answers, students recall. In one class on race, he imitated the way clueless white people talked. "Why are your friends at the housing projects shooting each other?" he asked in a mock-innocent voice.

A favorite theme, said Salil Mehra, now a law professor at Temple University, were the values and cultural touchstones that Americans share. Mr. Obama's case in point: his wife, Michelle, a black woman, loved "The Brady Bunch" so much that she could identify every episode by its opening shots.

As his reputation for frank, exciting discussion spread, enrollment in his classes swelled. Most scores on his teaching evaluations were positive to superlative. Some students started referring to themselves as his groupies. (Mr. Obama, in turn, could play the star. In what even some fans saw as self-absorption, Mr. Obama's hypothetical cases occasionally featured himself. "Take Barack Obama, there's a good-looking guy," he would introduce a twisty legal case.) . . .

Because he never fully engaged, Mr. Obama "doesn't have the slightest sense of where folks like me are coming from," Mr. Epstein said. "He was a successful teacher and an absentee tenant on the other issues."

Because my daughter, who is doing an internship at the Chicago Law Library, recently made copies of Obama's course evaluations for the Communications Office at the Law School, I sort of expected that a story like this was coming. The Law School then releases course evaluations to curious outsiders only with permission of the instructor. [This paragraph has been corrected to reflect more detailed facts.]

The Times blog has his syllabi and exams as well, and our own Randy Barnett will be commenting on them on Wednesday.

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My Comment on Obama's Teaching Materials As Jim noted below, the New York Times ran a story today on Barack Obama's teaching experience at the University of Chicago Law School called Teaching Law, Testing Ideas, Obama Stood Apart (registration probably required). The Caucus: The New York Times Political Blog, is making the materials available for readers to examine for themselves, along with comments by Pam Karlan (Stanford), Akhil Amar (Yale), John Eastman (Chapman) and me in a post called Inside Professor Obama's Classroom. There will also be a further round of comments later today. You should cruise on over and post to the comment board there. Here is my initial take on what his teaching materials teach us:
While the course materials themselves do not tell us very much about Senator Obama, the candidate, what they do tell is about Obama, the teacher, is generally favorable. I was particularly intrigued by his 1994 syllabus on "Racism and the Law." The materials assigned were balanced, including several readings by Frederick Douglass, who many modern race theorists have come to disparage as insufficiently radical (as Obama would know), along with an exchange between Harvard law professor Randall Kennedy on the one hand and Charles Cooper (who is now on Senator McCain's advisory committee) and Texas law professor Lino Graglia on the other. All three essays appeared in the conservative/libertarian Harvard Journal of Law and Public Policy as part of a 1991 symposium on "The Future of Civil Rights Law" and were initially presented at the Federalist Society's 1990 National Student Symposium held at Stanford. The articles were published during Obama's third year as a law student so it is not surprising that he would be aware of them. And they would have been fresh at the time they were assigned.

I was struck by Obama's list of possible discussion topics for his seminar. They comprehensively and concisely identified most of the issues of "race and the law" that were then being widely discussed. What particularly impressed me was how even handed were his presentations of the competing sides the students might take. These summaries were remarkably free of the sort of cant and polemics that all too often afflicts academic discussions of race. Were this not a seminar on "racism and the law" I doubt one could tell which side of each issue the teacher was on. And indeed, even knowing it was written by Senator Obama, one cannot be sure which side of each issue he really took. Whatever position he held, however, Obama could clearly see and dispassionately articulate the other side.

The exam question and answer keys manifest a keen comprehension of then-prevailing Supreme Court Due Process and Equal Protection Clause doctrine. There is no doubt that his students were taught "the law" (such as it was), not merely the teacher's viewpoints. His exam questions were nicely designed to ferret out the student's understanding, but also the cracks and fissures in the Supreme Court's current approach to the Constitution. What they did not show, however, were any insights on the how he thought Supreme Court doctrine could be improved.

Indeed, if one is looking to these material to learn more about Senator Obama's own views of either "racism and the law" or the Due Process and Equal Protection Clauses, one will be disappointed. He either was skillful at concealing his own take on these issues both in these materials and in the classroom (as reported by his former students) or he held no deep commitments on what one would think were matters of central concern to him. While this latter possibility would make him a flexible politician, it is bound to disappoint his most vehement supporters and detractors alike. In the end, while they confirm that the former president of the Harvard Law Review is a smart guy, and an exceptionally fair-minded teacher, they tell us little about his core beliefs on the very sensitive issues covered by these courses. Nor perhaps should we have expected them to.
You should check out the other posts.

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The University of Chicago Law Faculty Never Voted a Tenure Offer to Barack Obama.--

[UPDATE, 3:40pm Thursday:

I have now spoken or corresponded with 7 members of the University of Chicago law faculty, including several of the most powerful members of the faculty in the 1998-2003 period. For each year in that period, I believe that I have spoken to at least one from the following group of people who would know if Barack Obama had been vetted for an appointment with immediate tenure: appointments chair, appointments committee member, or dean. I have been purposely inclusive in this list to avoid identifying my sources.

None of the 7 Chicago law faculty I interviewed or corresponded with were consulted about an Obama tenured offer, none of them remember any discussion of hiring Obama with immediate tenure, and some of them couldn't believe that anyone would even attempt such a move, since it would have been a "nonstarter." If Obama had been vetted by the faculty before he was approached about an offer with immediate tenure, every member of the apppointments committee that year would be likely to remember it. I suspect that the group least likely to believe the story that the Chicago faculty was consulted and favored a tenured offer to Barack Obama is the University of Chicago Law School faculty.

I should say that two very prominent members of the faculty emailed me to express their doubt that a tenured offer had ever been vetted with the faculty. Both are campaign donors to Obama. My own supposition is that they supported my reporting because they did not want the academic public to get the wrong idea about Chicago's tenure standards. One prominent faculty member wrote me that he had not been consulted by Dan Fischel about a tenured offer for Obama, "nor does [Dan] recall the whole thing with any certainty."

Dan was a law school classmate of mine and a great dean at Chicago, and he is one of the most brilliant and influential law and economics scholars ever. I think his memory just failed him this time (as it sometimes does for many of us).

Many non-academic readers of this blog may not have understood why this was such an implausible story in the first place. In any event, now I've talked to enough Chicago faculty that this story can be safely put to bed.]

+++++++++++++++++

In an otherwise superb story in the New York Times on Barack Obama's experience as a law teacher at the University of Chicago, Jodi Kantor reports that "the faculty . . . made him its best offer yet: Tenure upon hiring":

Soon after [he lost his Congressional race in 2000], the faculty saw an opening and made him its best offer yet: Tenure upon hiring. A handsome salary, more than the $60,000 he was making in the State Senate or the $60,000 he earned teaching part time. A job for Michelle Obama directing the legal clinic.

I have now talked to four members of the University of Chicago law faculty, including at least one of Obama's campaign donors, and all four of them say that they do not remember voting Barack Obama a tenured or tenure-track offer. When I asked whether they remembered the Faculty Appointments Committee in the 2000-2002 era sending out an appointments file recommending a tenured or tenure-track appointment, all said No. Nor do these members of the faculty remember their being part of any discussion whether to grant tenure to Obama. As some of them explained procedures at Chicago, the dean does not have the power to make an actual offer of tenure without a faculty vote.

All thought that a tenure-track offer might well have been approved if it had been brought to the faculty. All expressed doubt whether the faculty would have made a tenured offer; one professor stated emphatically that it never would have happened, which of course is just one person's opinion. According to those I spoke with, a tenured offer would have been problematic because — despite his intelligence, teaching ability, and success in law school — Barack Obama may not have had any scholarly publications (at least they were not aware of any).

A dean's negotiating a tentative deal before bringing it to the faculty for consideration would not have been unusual. In any event, none of the four Chicago law faculty I interviewed believes that the law faculty voted to make Barack Obama a tenured offer or that the dean was ever authorized by the faculty to do so.

I was also told that Jodi Kantor of the Times has been informed of the probable error. Without more reporting, however, it's unclear how the error arose (and thus, if I were Kantor, I'd want to nail this down before correcting online). [Kantor confirms that the faculty never voted Obama tenure and clarifies what her sources told her in an update below.] Among the many possibilities are that the dean of the law school made Obama a tenured or an untenured offer, contingent on the faculty's agreement, and either a reporter misunderstood or one of the principals misremembered.

One additional issue that has been raised in comments on the Volokh Conspiracy is whether Barack Obama published an unsigned student note or comment when he was on the Harvard Law Review. Although I was unable to get a definitive answer, one faculty member told me that he had asked another faculty member close to Obama whether Obama had published such a note or comment; the faculty member close to Obama replied that he was not aware of any.

UPDATE: Jodi Kantor has already clarified the story she was told here (scroll down to 3:48pm):

Several readers have asked questions about Mr. Obama's status at the school. Let me clarify: he started teaching as a lecturer, meaning as a member of the adjunct faculty. But in 1996, he was promoted to senior lecturer, which in Chicago's parlance, made him a professor.

When the law school tried to hire Mr. Obama after his failed 2000 congressional race, it was for a tenured job, according to Daniel Fischel, the dean at the time. In our interview, I asked him if he meant "tenure-track," and he said no. "He would be hired as a tenured professor," he explained. The faculty would vote, but Mr. Obama already had their support, he added.

This confirms my claim that "The University of Chicago Law Faculty Never Voted a Tenure Offer to Barack Obama." And, as I sort of expected, Kantor's account, though not quite correct, was based on something she had been told.

What does not square with what I was told by all four faculty members I interviewed, some of them very much "inside the loop," is Dan Fischel's statement that "Mr. Obama already had their [the faculty's] support . . . ." Dan may well have run it by some faculty members, but significant members of the faculty had never heard of the idea, let alone expressed their support for it.

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Evidence Now Clear That Barack Obama Was Not Widely Vetted for a Tenured Offer at Chicago.--

This post updates my post yesterday, reporting that the University of Chicago Law Faculty never voted a tenure offer to Barack Obama. I have now further nailed down the story.

I have now spoken or corresponded with 7 members of the University of Chicago law faculty, including several of the most powerful members of the faculty in the 1998-2003 period. For each year in that period, I believe that I have spoken to at least one from the following group of people who would know if Barack Obama had been vetted for an appointment with immediate tenure: appointments chair, appointments committee member, or dean. I have been purposely inclusive in this list to avoid identifying my sources.

None of the 7 Chicago law faculty I interviewed or corresponded with were consulted about an Obama tenured offer, none of them remember any discussion of hiring Obama with immediate tenure, and some of them couldn't believe that anyone would even attempt such a move, since it would have been a "nonstarter." If Obama had been vetted by the faculty before he was approached about an offer with immediate tenure, every member of the apppointments committee that year would be likely to remember it. I suspect that the group least likely to believe the story that the Chicago faculty was consulted and favored a tenured offer to Barack Obama is the University of Chicago Law School faculty.

I should say that two very prominent members of the faculty emailed me to express their doubt that a tenured offer had ever been vetted with the faculty. Both are campaign donors to Obama. My own supposition is that they supported my reporting because they did not want the academic public to get the wrong idea about Chicago's tenure standards. One prominent faculty member wrote me that he had not been consulted by Dan Fischel about a tenured offer for Obama, "nor does [Dan] recall the whole thing with any certainty."

Dan was a law school classmate of mine and a great dean at Chicago, and he is one of the most brilliant and influential law and economics scholars ever. I think his memory just failed him this time (as it sometimes does for many of us).

Many non-academic readers of this blog may not have understood why this was such an implausible story in the first place. In any event, now I've talked to enough Chicago faculty that this story can be safely put to bed.

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