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Legal Publisher Ordered to Pay $5-Million in Damages to 2 Professors

December 21, 2010, 12:11 pm

A federal jury has ordered the West Publishing Corporation to pay $2.5-million in punitive damages and $90,000 in actual damages to each of two law professors who said the publisher had put their names on an annual supplement to a leading Pennsylvania lawbook even though they had refused to work on the supplement in a dispute over pay. According to today’s Philadelphia Inquirer, the jury found that the publishing company had defamed the law professors—David Rudovsky of the University of Pennsylvania and Leonard N. Sosnov of Widener University—by using their names to help sell the supplement and damaging their reputations when readers discovered the supplement contained little new material. The book, covering criminal-court procedures and used by judges, lawyers, and law schools around the state, was originally published in 1991, and the authors provided annual supplements until 2008, when West sought to cut their fee from $10,000 to $2,500. A lawyer for West, a leading legal publisher based in Minnesota, said the verdict and damages would be appealed.

Correction (6 p.m.): This post has been updated to reflect the fact that each professor was awarded $2.5-million in punitive damages and $90,000 in actual damages. The damages were not to be split between the professors.

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11 Responses to Legal Publisher Ordered to Pay $5-Million in Damages to 2 Professors

11122741 - December 22, 2010 at 12:06 pm

how to go judge!

johnbarnes - July 26, 2011 at 3:25 pm

Well, for one thing, many of your readers have invested large amounts of effort in more conformist and traditional paths that have not worked.  To seriously consider your advice they have to seriously consider that some fraction of their time has gone down the toilet. 

Others are people with hiring authority who may find people coming in through alternate tracks to be painful because it’s not neat and orderly and it doesn’t involve people just standing in line, receiving a “No,” and replying with “Thank You” and vanishing.

And also, many, many people are in education because they really like school, sometimes to the point of being miserable anywhere that is not school.  School is about following the rules and taking your turn and being rewarded for following directions correctly.  You are suggesting that not following the rules might work better.  That seems very unfair to the rule-following turn-taking direction-adherers.  (I suspect this is part of why it’s very, very difficult to get successful businessfolk and teachers into the same room with each other and have them agree on anything; the ethic of Get’R Done v. the ethic of Complete Every Step).

Actually now that I think about it, I don’t know why you’re not getting more hostile responses.  Maybe you’re being obscure.

pterodactyl123 - July 28, 2011 at 6:27 am

After you start working full time and experience the differences between your former life as an adjunct and the life of a tenure track professor, you can blog about that. When you’re a “fat cat” with the privileges of having an office, a phone, meetings to attend, a middle class salary, and whatever else adjuncts say about full timers (that we exploit them, etc.), you are bound to get lots of scathing feedback. Wait for it. :)

polisciguy - July 28, 2011 at 10:28 am

Isaac,

As a person with private-sector and teaching experience seeking at F/T CC position, I can totally relate to your understanding of fear in the academe. We claim we want to foster a community where students think differently, but we all seem to have the herd mentality ourselves. Having taught K-12 for the last several years, with a little adjuncting on the side, I know how easy it is to get comfortable in a teaching job. We are risk adverse, which makes sense when you have bills to pay and an office that is your own, but those of us in the humanities/liberal arts are one of often hundreds of applications who cover letters and materials often look like carbon copies of the other candidates. 

What we do to stand out hopefully will get us that golden interview where we can shine. And, I dare add, a place that would respect our individuality is more likely to be a place we would want to work for the long haul rather than only 3-5 years until something better comes along.

Then again, I already have been chided recently as being just another adjunct with stars in his eyes but not much sense in his head. I would contend, radically I suppose, that if you are a long-term adjunct bitter about your prospects for full-time teaching work, then perhaps it is time to realign your goals in your current profession or pick a new one. To some that may seem harsh. Perhaps it’s just the stars talking.   

interface - July 28, 2011 at 11:49 am

Your third paragraph really hits it.  Because they did well going through educational system, people often assume that they are going to be happy working there and that there’s nothing to do but go after the brass ring of tenure and go after it according to the rules.

comicsprof - July 28, 2011 at 12:30 pm

Some are afraid in any situation. Others see possibilities. I think a measured approach includes reasonable cautions and deliberate steps into new territory.
Bear in mind that the letters you write are not being read by a policy, they are being read by a person. If your correspondence insults the person’s profession or professionalism, it seems reasonable that it may inhibit their decision to hire you.
Well, duh.
Beyond that, there’s the pragmatic approach: I see this as a problem. Here is my proposed solution. What steps can we take together to solve the problem? Here’s my plan…
In short, if we expect people in hiring positions to be receptive to our ideas when we don’t even work for them yet, it seems reasonable that we reciprocate, which can be done without kowtowing. It’s a fine line, but we’ve all trod it before in one way or another to get this far.

comicsprof - July 28, 2011 at 12:31 pm

To sum up my ramble, I think your core point is spot on, but it’s easy to conflate fear and tact.

jesseca - July 28, 2011 at 2:06 pm

Here, here! You offer advice about following an alternative route to the same destination. How is considering more options a bad move? Your readers surely have the choice and hopefully the intellect to choose whichever route works best for them. I think it’s worthwhile, however, to ask why so many academics seem to think a one-size-fits-all standardized approach is the only way to go.

I suspect that academia’s noble drive for excellence leads to something like a field-wide obsession with excellence and rank that undervalues anything that is not “top-rank.” In this thinking, teaching at a community college or teaching exclusively lower-level courses is equated with failure (and radically underestimates how difficult it can be to find a permanent community college position, which it turns out are not just available for the taking). You’re either top-flight, or you’re nothing.

As a graduate student this wasn’t communicated to me directly, but it’s something I sensed, so perhaps it’s just me (but I think not!). The message I perceived was that if you’re the best in your field, you have nothing to worry about. And if you show any signs that you’re worried, say by inquiring about non-traditional routes or pursing jobs at non-research universities or community colleges, then you’re pretty much admitting that you don’t think you’re the best.

Such thinking ignores the problem that there are too few jobs for far too many qualified applicants. When I applied for creative writing poetry positions, I applied for jobs where there were as many as 900 applicants for the same position. How to be “the best” in that pile?

I realized on my own that I needed a job. Period. I needed a job. Yet, I really wanted it to be in academia. After umpteen years of grad school, I wasn’t ready to bail on academia yet. I realized if I wanted to stay in academia, I needed to broaden my search, so I started applying for community college and composition positions, positions that as a first-year PhD student I was pretty sure I’d be above come graduation. I still feel incredibly lucky to have landed a tenure-track job in my first year on the market, ABD to boot (I have since finished the PhD! yay!). But I significantly increased my odds when I started applying to jobs that I had been socialized to shun. When I was interviewed for my current job, the chair of my department revealed that he had an unprecedented number of applications—an all time high of 16!—for 3 openings. Sure, I teach a 4/4 of freshman comp, so it’s not all that different than my pre-PhD work as an adjunct, but I get the pay and benefits that come with the rank of being an assistant professor.

I cannot fathom why only 16 people applied for 3 openings for a tenure-track position with competitive pay and benefits. Except, perhaps, they’ve been socialized to be above such jobs. Admittedly, I was initially worried that by accepting such a job I might be trapping myself. But I have to give my faculty mentors credit. When I asked them whether I should accept this job, they reminded me of two things. First, I’d be a fool to turn down any tenure-track job in this market. Second, if nothing else, I could continue to build my vita to apply for jobs with more glory later on.

Indeed, my job readily enables me to do my own work—or to build my vita in more aspirational terms. Teaching the same classes all the time means my prep work is greatly reduced, and I can still get my own work done. I finished my PhD and increased my publication output last year, all while teaching a 4/4 of composition, and I still had time to watch all the Doctor Who I wanted.

Kudos to you for illuminating a worthwhile path that is too often left unmentioned!

duppy_conqueror - July 28, 2011 at 9:55 pm

Isaac, two points:
1) You don’t have tenure just yet. Be very afraid! :)
2) After a point, I think many of us demand more evidence of a critical thought process from our students than we do of ourselves. The faculty herd mentality and group-think identified by others here is pervasive.

Hope you do earn your tenure via a similarly unconventional path!

southerntransplant - August 6, 2011 at 8:28 pm

Iconoclasm != problematic advice. Alternate route to a TT job – great. Putting the word “desperate” in a cover letter – maybe not so much. You do have your fans, and that’s great. But the average Joe or Jane Adjunct looking to get a TT job are not posting job advice columns under the CHE imprimatur, and would thus not have your (relative) notoriety. This has been my only sticking point with your advice.

electronicmuse - December 16, 2011 at 8:18 am

Alfred Hitchcock had a wonderful story about a man who neglected to pay a $2 parking ticket, and due to a highly improbable chain of subsequent events related to this oversight, eventually suffered the death penalty. His wry comment was that “sometimes it’s best to just pay the two dollars.”

Colleges who admit so many athletes who come from disadvantaged backgrounds should simply pay the two bucks, rather than suffering the outrageous slings and arrows due to those students committing crimes, both petty (NCAA infractions) and serious, often due essentially to their dire straights.

Also, those Colleges might rise to the moral level of admitting that they’ve been engaging in slave labor for lo these many years . . .