I know this isn't exactly the news of the moment, but here are two Berkeley kids saying "happy TENURE day!" to their mom. Thanks to all of you who have mentored & encouraged me along the way, esp. my amazing colleagues @BerkeleyLaw.
Some professional news: This summer I head to the University of Pennsylvania, where I will be jointly appointed in the History department (@PennHistory) and law school (@pennlaw). (1/x)
PSA for women considering grad school (b/c it has come up in my own advising): You can have children in grad school. Men do this. *Institutions & mentors should be more supportive than they are, & that is a real problem.* But don't let assumptions stop you from exploring this.
Today is my 1st day teaching #LegalHistory@YaleLawSch! Here's me posing awkwardly w/ some of the materials on my syllabus. (I'll tweet the full syllabus soon.) Excited to share my passion for this important subject.
Historian friends: do you have favorite books or articles that really grapple with the constraints and biases of the archive? I'm reading Stoler, Fuentes... What else?
.@katie_eyer and I found out yesterday that @YaleLJournal will publish our disability & federalism piece as a Feature! We are excited to work with the editors and look forward to sharing more soon!
ALT Abstract for an article titled "Disability and the Ongoing Federalism Revolution," 133 Yale L.J. (forthcoming). Katie Eyer and Karen Tani. Key text of the abstract is as follows: "one important facet of this “new federalism” revolution has gone unappreciated: the load-bearing role of earlier disability-related cases. In the 1970s and 1980s, this Article shows, the Court used disability-related cases to revive the all-but-moribund Eleventh Amendment, even as it declined to embrace Eleventh Amendment arguments in cases involving school desegregation and sex discrimination. So, too, it was disability cases that established and entrenched federalism-grounded “clear statement” rules of statutory interpretation in the 1980s and early 1990s. Similarly, a disability case in the early 1990s provided the initial steppingstone toward the retrenchment of Congress’s authority under Section 5 of the Fourteenth Amendment..."
Have spent most of the week trying to keep a household COVID infection from spreading to an unvaxxed 4-yr-old... while trying [in vain] to keep up w/ work and help everyone stay fed & amused... Please send good thoughts - & also favorite baking or soup recipes! 😫
Excited to hold a hard copy of the 6th edition today! Good luck to all the 1Ls out there who are learning from the FREE @CALIorg Witt/Tani #Torts casebook. Your ranks are growing every year!
ALT Asian American woman with short black hair smiling and holding a brown casebook. Title: "Torts: Cases, Principles, and Institutions." Sixth Edition. A Free Law School Casebook. John Fabian Witt. Karen M. Tani.
I love seeing pets in the TL and have been wanting to post puppy pics, but it is SO HARD to get her to sit still. Here she is in a rare moment of repose! --
ALT Staffordshire bull terrier puppy sitting on a gray couch.
We recently moved across the country to Philadelphia. It was hard, and the kids miss our old life. Yesterday one of our new neighbors called us just to tell us to look out the window and show our kids a beautiful rainbow. What a kindness.
.@CalifLRev has a history of publishing great scholarship on #disability & law, from Jacobus tenBroek to @JameliaNMorgan. I'm so grateful the editors saw potential in my draft article on the #LegalHistory of the Pennhurst deinstitutionalization case & its #federalism legacy.
ALT Draft abstract for an article titled "The Lost Disability History of the 'New Federalism,'" 110 Calif. L. Rev. __ (forthcoming 2022), Karen M. Tani.
Who else out there will immediately forget all positive comments on teaching evals and obsess over the one student in the room who hates you but won't tell you why?
Still reeling from our end-of-the-year @PennLaw faculty dinner last night, where we honored my colleague, mentor, & friend Sally Gordon for her extraordinary career @Penn. Wishing her all the best in retirement 😭 - and looking forward to keeping her close.
ALT Two women (Karen Tani and Sally Gordon) embracing and smiling at the camera in front of a white flower arrangement.
Upon joining the faculty @Penn this summer, I jumped right into co-teaching an on-line course on "COVID & the Law." This thread is about what we covered, with a focus on the unit I taught. (1/x)
.@ProfOsseiOwusu & I are co-teaching an exciting new 1L elective on Law & Inequality this semester @pennlaw... Watch this space for our all-star lineup of outside guests and some thoughts on pedagogy!
Prof. @Jennifer_Nou is literally an expert on how bureaucracy & the administrative state work. And I have never seen her make a statement like this lightly. This is a meaningful comment on the implications of the new #PublicCharge rule.
I re-tooled my US #LegalHistory course for my visit this semester @YaleLawSch. Here's a thread on what I'm trying out, including some new assignments & some books I've never taught before. I'm excited! (1/x)
Today is my 1st day teaching #LegalHistory@YaleLawSch! Here's me posing awkwardly w/ some of the materials on my syllabus. (I'll tweet the full syllabus soon.) Excited to share my passion for this important subject.
It was exciting, surprising, and - if I'm honest - scary, to be invited to write the Foreword to this year's @HarvLRev Supreme Court issue. Those who have come before are giants in the field. And this past Term was a wild one. harvardlawreview.org/print/v… (1/x)
First day nervous excitement (or "nervcitement" as Dean Lee put it to our @PennLaw 1Ls the other day)! #Torts
ALT Asian American woman with short black hair wearing red lipstick, a black blazer, and a black and white printed dress. She is holding a brown paperback Torts casebook.
Milestone moment: Just taught my first @PennHistory class (U.S. #LegalHistory) -- and I was lucky enough to have my terrific former @BerkeleyLaw student (now @PennHistory PhD student) Kimberly White by my side as my TA!
We tried so hard and he got it anyways. Trying to focus on all the things that are going well and that we should be grateful for (vaccines work!), but this is really demoralizing.
Have spent most of the week trying to keep a household COVID infection from spreading to an unvaxxed 4-yr-old... while trying [in vain] to keep up w/ work and help everyone stay fed & amused... Please send good thoughts - & also favorite baking or soup recipes! 😫
It was an honor this week to deliver the 2024 Owen J. Roberts Lecture in Constitutional Law @pennlaw, following in the footsteps of my colleague @DorothyERoberts, as well as many other brilliant legal scholars and jurists. Thanks to many friends & colleagues for their support!
ALT image of an Asian American woman wearing a brown suit sitting in a chair and holding a pen and paper. Nearby is a bouquet of orange and white flowers. Text reads: EVENT. 2024 Owen J. Roberts Lecture in Constitutional Law.
ALT Image from the back of a program. It list "Past Roberts Lectures," starting in 1957 with The Honorable Felix Frankfurter and ending in 2022 with The Honorable Goodwin H. Liu. The footer text reads "Penn Carey Law University of Pennsylvania."
I was very sad to learn that my friend David Lieberman passed away yesterday. He was a great legal historian and a generous friend and mentor to many. He made @BerkeleyLaw a great place to work and learn. Some thoughts in his honor: (1/x)
ALT Head shot of David Lieberman from his Berkeley Law webpage. He has kind eyes that crinkle at the corners, close-cropped gray hair, and a wide smile.
ALT Text of David Lieberman's profile from his Berkeley Law webpage. It reads (in part): "David Lieberman joined the Berkeley Law faculty in 1984. Before coming to Berkeley, he taught at Cambridge University and was a fellow and director of studies in history at Christ’s College, Cambridge. He served as associate dean of the Jurisprudence and Social Policy program and chaired the undergraduate Legal Studies Program from 2000-04. In 2003, he helped found the Consortium of Undergraduate Law and Justice Programs, an international organization of law and society departments and undergraduate majors. He currently is president of the Pacific Coast Conference on British Studies.Lieberman is a recipient of research fellowships and awards from St. Catharine’s College, Cambridge, the Institute of Historical Research, the American Bar Foundation, the Andrew W. Mellon Foundation, and the Japanese Society for the Promotion of Science. ..."
Last day in my visiting office @YaleLawSch. I have suffered thru a semester of sub-par produce (no offense, you can't beat California). But teaching here was super fun. I can't wait to see what my students do w/ all their #LegalHistory knowledge!
It has finally happened: not only did my child zoom bomb my meeting (a lovely goodbye event hosted by my @BerkeleyLaw colleagues), but she did so completely naked.
Just finished reading @povertyscholar's "Fragmented Democracy: Medicaid, Federalism, & Unequal Politics." It's phenomenal. I can't say enough good things. But I'm about to say a bunch of them (thread)
In the fall one of my 1Ls joked w/ my (then) 3-yr-old daughter that she was "coming for my job" (after I brought her to office hrs) & to this day we'll be out running errands & she'll tell strangers "I'M COMING FOR HER JOB!"
It's the time of year to be brave and take on new challenges! First day of K over here....
ALT Child with large purple backpack, a blue t-shirt, and pink sneakers holding hands with an adult woman and a larger child, walking down the sidewalk.
So wonderful to find this hard copy in my office today: Vol 170(7) of @PennLRev, feat. our symposium on "The Disability Frame." Thank you again to the editors, the contributors, & everyone who participated in & attended the symposium. Much love to my co-organizer @Jeharrislaw.
ALT Asian American woman holding a copy of the University of Pennsylvania Law Review, Vol. 170, July 2022, no. 7.
ALT Table of contents for the July 2022 issue of the University of Pennsylvania Law Review. Symposium issue on The Disability Frame.
ALT Dedication page, reading: "In memory of George Elwick, who believed that hard work, family, and education could move mountains. Beloved father of Professor Jasmine Elwick Harris.
Time to celebrate my @pennlaw colleague @Jeharrislaw - recipient of our A. Leo Levin teaching award for the Access to Justice course she taught this spring. 🎉 Our students are so lucky to have been able to learn from her and from the amazing roster of guests she brought in 🙌
Sophia Z. Lee has been named dean of the @pennlaw, effective July 1, 2023.
Lee, currently a professor of law with a secondary appointment in history, has been a member of the Penn Carey Law faculty since 2009. bit.ly/3zuGSBB
Well, I haven't touched my exams yet 😫, but I did finally finish revisions on an article I've been working on for a long time: "After 504: Training the Citizen-Enforcers of Disability Rights," forthcoming 2022 in the Disability Studies Quarterly. (1/3)
Friends, do you have examples of legal or law-related scholarship that genuinely changed your view of what was possible? Or that gave you a new vision to strive towards? Work by my colleague @DorothyERoberts, obvs. What else?
I've been seeing some people unlock some amazing achievements on here. But can I just say, I've been looking for this blazer color ever since seeing @michelebgoodwin rock something similar at a @womenknowlaw event and now it is finally here!
ALT Woman law professor wearing orange/pink blazer.
ALT Screen shot of the title and epigraphs to a book chapter. "Chapter 10. Liberalism's Last Rights: Disability Inclusion and the Rise of the Cost-Benefit State," Karen M. Tani.
Can't believe it was my last day teaching Torts @ColumbiaLaw! The tiredness in these photos is real, but so is the joy. Thanks to my 1Ls for a great semester (and for the giant thank you card)!
Very proud of my @PennHistory PhD student (formerly @BerkeleyLaw) Kimberly White! At @The_OAH conference, she received the George E. Pozzetta award from @IEHS1965 to support her important dissertation research on West Indian migrants in NYC in the late 20th c. #OAH2023
ALT Citation for "The George E. Pozzetta Dissertation Award, March 31, 2023." The text explains that the award went to Kimberly White for a dissertation project that is "original, creative, and asks fresh questions about 'legality,' 'empire,' and 'precarity' for Black migrants in the late 20th century." The citation describes the project as focusing on "histories of West Indian migrants in New York from 1965 to 2000."
So thrilled to see this article w/ @katie_eyer out in the world! - on the foundational role of #disability cases in SCOTUS's "new federalism" revolution, w/ ongoing significance today yalelawjournal.org/feature/d…
Anne Fleming was a brilliant scholar and a treasured colleague @penn, where we went to graduate school together. She was also an incredibly kind, generous, & decent human being. She aspired to do good in the world & she made those around her want to be better. (1/2)
I really appreciate the YLS faculty letter & was about to RT, but... IDK, guys, is it healthy to care so much about what one elite law school thinks about the confirmation process (or the nominee)? Isn't that part of the problem here?
After the big booby-trap confrontation with the burglars: "I think that boy is actually the villain. I’m pretty sure he’s trying to make them die." (3/3)
Marta Russell's work changed the way I thought about disability -- and law. My contribution to the @LPEblog symposium on Russell's work challenges scholars of rights, equality, & social welfare policy to grapple w/ her insights: lpeproject.org/blog/capitali… (1/3)
Today was the 2nd session of the Law & Inequality 1L elective that I'm teaching w/ @ProfOsseiOwusu. We designed this particular class around Prof. @ZLiscow's new paper "Redistribution for Realists: A New Law & Economics of Inequality." (1/x)
Now on SSRN: my almost-finalized article on the “Section 504 trainings” (“After 504: Training the Citizen-Enforcers of Disability Rights”). 🧵 on writing the piece & why I hope you’ll help me spread the word about this history. papers.ssrn.com/sol3/papers.…#Dishist#LegalHistory (1/x)
This. I managed to complete many tasks, incl. summer teaching & (some) teaching prep for fall, writing external evals & rec letters, mentoring jr colleagues, & honoring service commitments. But made zero progress on the research projects I most care about & feel like a failure 🙁
Honored to speak today @YaleLawSch about SCOTUS's missed opportunities to condemn the evacuation & incarceration of Americans of Japanese descent, & why its recent "overruling" of Korematsu was anything but. (& then I promptly lost my voice b/c I live w/ sick toddlers.)
Over @legalhistory, Dan, Mitra, and I tried to capture some of the reasons why Anne Fleming was so treasured and why her passing is such a loss. May many more remembrances follow: legalhistoryblog.blogspot.co… cc @dbqur @mjsharafi
Anne Fleming was a brilliant scholar and a treasured colleague @penn, where we went to graduate school together. She was also an incredibly kind, generous, & decent human being. She aspired to do good in the world & she made those around her want to be better. (1/2)
I just posted an almost-final version of my @CalifLRev article on "The Pennhurst Doctrines and the Lost Disability History of the “New Federalism.” It still needs to go through final edits & blue-booking, so please excuse any errors! papers.ssrn.com/sol3/papers.… (1/x)
In collaboration with the @PennLRev, Prof. @Jeharrislaw
& I are excited to announce "The Disability Frame: Costs, and Constraints in the Broad Struggle for Inclusion." Join us for this online symposium Feb. 18-19, 2022: pennlawreview.com/symposium/ cc @pennlaw (1/x)
This year my colleague Sarah Gronningsater and I have turned our @PennLaw/@PennHistory#LegalHistory Workshop into a grad/law class. So excited for our students to learn from these terrific scholars! (1/3)
Today the @pennlaw#LegalHistory Workshop welcomes @ProfMMurray to discuss her new article "Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v. Wade." We are honored to have her kick off our 2020-21 workshop series. Can't wait for the conversation!
In Spring '21, @ProfOsseiOwusu & I taught a new 1L elective @pennlaw on "Law & Inequality." One goal was to pull back the curtain on legal scholarship & empower our students to critique & contribute. So exciting to see our former students getting their own ideas out!... (1/x)
Does anyone else consistently say "yes" to invitations to present work at other schools' workshops/colloquia and also always dread/fear the actual workshopping of a new thing? Good to remember that this is how we sharpen our ideas and build community.
Am writing something that feels very different from what I've done before, and I am feeling just overwhelmed by the generosity of friends & colleagues in helping me make this thing better. There is ugliness in academia, but also real kindness and fellowship.
FYI, #Torts profs, @JohnFabianWitt & I have sent off the 2020 edition of our @caliorg#torts casebook to our editors. It should be ready for the fall semester. It's free to download and we hear that students enjoy learning from it!
Another 🧵on the "Law & Inequality" course I'm teaching w/ @ProfOsseiOwusu@PennLaw. Our most recent session focused on civil procedure (broadly construed) & its relationship to inequality. We organized this session around the work of guest Matthew Shapiro (@RutgersLaw) (1/x)
Notice-and-comment has historically been a key tool for industry. It's become a vital mode of democratic engagement, whereby grassroots experts & ordinary people relay their concrete experiences w/ public policy. Check out my @lpeblog post w/ @mattbc: lpeblog.org/2019/07/31/recla…
Really interesting post from @steve_vladeck today. I have been thinking a lot about the cert process lately and I think legal historians could do more w/ this. Prof. Vladeck offers a good lesson here about the importance of studying decisions not to decide.
The Supreme Court effectively legalized same-sex marriage in more states through cert. denials (18) than through Obergefell (13).
Today’s “One First” looks back at how that happened—and what it teaches us about the cert. process and justices’ behavior:
stevevladeck.com/p/100-same-…
Big hiring plans @BerkeleyLaw! We're looking for ppl w/ interests in ad law, family law, race & law, environ & energy law, law & econ, crim, evidence, biz law, & more. Links to the entry-level and lateral hiring ads in the thread. Pls share widely.
I downloaded this immediately and cannot wait to read it. Congratulations to Prof. @MaggieBlackhawk and kudos to @HarvLRev on this inspired choice of a Foreword author.
It has been the greatest honor of my career to write the Foreword for this term's @HarvLRev. I am grateful to have been able to tell this story and to tell it from the heart in such a prominent forum. As always, I dream of a day when words can change minds and hearts--and worlds.
I taught Bill Novak's work on "the public utility idea" today in my undergrad #LegalHistory class and I am still so fired up about it. Huge development in American law & the social control of capitalism -- now papered over by the "Lochner era" narrative.
Happy news for today: an article that I first drafted in 2017 is now in copy edits! (forthcoming with the Disability Studies Quarterly). Some projects take a long time, for good reason. This one is on the Section 504 trainings. I hope it does this history justice!
A truly great day for Penn Law legal history. We celebrated our fearless leader, outgoing @ASLHTweets president Sally Gordon, and our colleague [missing from this picture] @MaggieBlackhawk on her major article prize win! So proud to be a part of this group. @careylawupenn
Today I recover from my teaching eval #mood by highlighting the kind of comment that will sustain & energize me going into a new semester: "This course made me reevaluate my career path. Professor Tani's expertise and passion for the subject matter was contagious..." (1/2)
Who else out there will immediately forget all positive comments on teaching evals and obsess over the one student in the room who hates you but won't tell you why?
Loving this shout-out to then-law student Serena Mayeri, now my colleague @PennLaw. Truly a star. (And the Laura Kalman article that @BenjaminACoates pulled this from is a classic.) #LegalHistory
I am honored that my historical research on federalism, social welfare policy, & Native people helped inform this important amicus brief in the Brackeen case. Kudos to the NYU-Yale American Indian Sovereignty Project for its leadership. supremecourt.gov/DocketPDF/2…. #LegalHistory
This brief would not exist, but for work by historians to bring these issues to light: Margaret Jacobs and Karen Tani @kmtani first among them. Amanda White Eagle @AmandaRockman and Julius Chen of @akin_gump brought the brief to fruition. Students, though, were the engine. 1/
Thanks, @ProfMMurray! This tweet is also a testimony to how much the composition of hiring committees matters; also their processes for considering candidates. By some metrics, I was a "risky" candidate on the entry level. Very grateful that @BerkeleyLaw welcomed & supported me.
You love to see it: in her 1st year teaching @PennHistory, Hardeep Dhillon (@migrantherstory) wins the Richard S. Dunn Award for Distinguished Teaching. The award recognizes "the faculty member who has shown the most active commitment to the department’s undergraduates.” 🎉
I still can't believe I'm at a career stage where people give me "honoraria" to do things. Paid one forward on this mother's day by donating to an org that advocates for pregnant women.
For those interested in the op-ed response assignment on my #legalhistory#syllabus, here's the cover sheet of a packet I put together for class today -- offering a range of sample history-based op-eds, plus how-to advice from @pastpunditry, @cwschmidt1 (1/2)
It’s the 45th anniversary of the 504 Sit-In. Demonstrations took place at federal buildings across the U.S. to demand that the Section 504 regulations be signed. I was at the HEW office in San Francisco, where we took over the building for a sit-in that lasted 26 days.
ALT A black and white photo of demonstrators outside the San Fransisco HEW office building. In front of the group is Judy Heumann, a white woman who uses a wheelchair with short brown hair wearing glasses and a winter jacket with a “Sign 504” button pin. She is holding a sign that reads “NO MORE NEGOTIATION Sign 504.” To the left is Kitty Cone, a white woman who uses a wheelchair with short curly brown hair wearing glasses and a sweater. She is holding a sign that reads “OUR BIGGEST HANDICAP IS CALIFANO.” There are various other people around them holding signs and a mega phone.
"Thirty years after the enactment of the ADA, legal education and the legal profession still send the message that disabled people are not supposed to be lawyers." For specifics, read @mattbc (& others) in the latest issue of the J of Legal Educ. jle.aals.org/home/vol71/iss1…
"Nondisabled adults make harmful decisions all the time, and they usually do not risk losing their civil rights for it. In this way, disability becomes a line through which different rights—or denial of rights—are articulated." -- @slooterman
Historically, disability cases have had a vast and underappreciated effect on civil rights law (and public law more broadly) -- as @katie_eyer & I argue in a forthcoming piece in @YaleLJournal. Pay attention to this case!
Great to see our stellar @pennlaw#LegalHistory group featured on the school website today! This is from #ASLH2019, back when haircuts were still possible. - w/ Serena Mayeri, Sally Gordon, Sophia Lee, @ProfOsseiOwusu (but missing @MaggieBlackhawk!)
ALT Photo of Penn Law legal historians Serena Mayeri, Sally Gordon, Karen Tani, Sophia Lee, and Shaun Ossei-Owusu.
We know a lot about the history of modern U.S. conservatism. Have we studied the history of modern liberalism w/ the same depth & creativity? @BrentCebul & Lily Geismer are on it w/ a new edited collection from @UChicagoPress: press.uchicago.edu/ucp/books… (1/3)
Thx for your kind responses to my tenure post! Here are some things I plan to do in the next phase of my career (thread):
(1) learn as much as I can about disability in law & history, starting w/ the people who have lived it;
I know this isn't exactly the news of the moment, but here are two Berkeley kids saying "happy TENURE day!" to their mom. Thanks to all of you who have mentored & encouraged me along the way, esp. my amazing colleagues @BerkeleyLaw.
Here's something I am beyond thrilled about: my former @BerkeleyLaw student Kimberly White (@kimberlygwhite) is headed to @PennHistory for her PhD! She's going to study AfAm legal & intellectual history & continue Penn's proud #LegalHistory tradition.
Must-read from my brilliant @PennLaw colleague Serena Mayeri: "The Critical Role of History after Dobbs" - just published in the Journal of American Constitutional History papers.ssrn.com/sol3/papers.…#LegalHistory
You may recall me & my @pennlaw colleague @Jeharrislaw tweeting a LOT earlier this year about the @PennLRev symposium on "The Disability Frame." We just posted our co-authored Foreword to the published version of the symposium: papers.ssrn.com/sol3/papers.… (1/x)
Today @YaleLawSch: @JohnFabianWitt & Robert Post have dedicated a session of their Foundations of American Legal Thought class to #disability. Honored to be here w/ @Jeharrislaw to try to do justice to this important topic. I wish this had been a part of my legal education.
In this week's Public Law Workshop, Professor @kmtani presented historical research from a joint project with @katie_eyer explaining the critical and underappreciated role of disability law in facilitating the Rehnquist Court’s ‘new federalism’ revolution.
ALT Professor Tani speaks in the front of the classroom (with students blurred out in the foreground.)
ALT A wide-angle view of the classroom with Professor Tani teaching and students and faculty sitting at the desks.
Signed, the author of a delightful (IMHO) #Torts exam about a gender-reveal party gone awry (which really can happen so be careful out there!) theguardian.com/us-news/2019…
I know I'm supposed to say that the best part about returning to in-person teaching is seeing the students, but today it was the fact that @pennlaw now has the equivalent of a technology "panic" button at the podium. ITS comes immediately! Huge life improvement.
Making a very short trip to New York, involving multiple meetings and presentations, so of course am packing 3 books I've been meaning to read. (Who out there feels seen?)