http://www.jewishworldreview.com/0813/ting.php3****

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August 15, 2013/ 9 Elul, 5773 ****

*Was Barack Obama Ever a 'Constitutional Law Professor'? *****

By Jan Ting **

Matt Damon is only the latest among many current or former supporters of
President Obama who has referred to him as a "constitutional law
professor." But is that accurate? As a law professor myself, at least
marginally tuned in to the gradations and sensitivities regarding academic
titles, I've wondered how the President's teaching experience at the
University of Chicago Law School should most accurately be described.

Who is a law professor? Certainly faculty members with tenure, and those on
"tenure track" working towards tenure, are among those formally designated
with the ranks of assistant, associate, or full professor. But they are not
the only designated professors at a law school. Non-tenure track teachers
can also be designated as professors, as are visiting professors on
temporary assignment. Depending on faculty rules, such full-time professors
usually receive voting rights at faculty meetings where law school policies
are debated and set.

And professors may not be the only persons who vote at faculty meetings.
Full-time instructors and full-time administrators who also teach may also
have voting rights at faculty meetings, even if not formally designated as
professors.

Law schools are not exempt from the current trend in academia of relying
increasingly on part-time instructors to both bring their particular
real-world experiences to the classroom, and to afford the administrators
flexibility in adapting the curriculum to changing interests and needs.
Such part-time instructors are commonly referred to as "lecturers" or
"adjuncts", but sometimes receive the title of "adjunct professor".
Part-time instructors usually do not vote at (or even attend) law school
faculty meetings. ****

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The University of Chicago Law School's official, carefully worded press
release on Barack Obama says this: "From 1992 until his election to the
U.S. Senate in 2004, Barack Obama served as a professor in the Law School.
He was a Lecturer from 1992 to 1996. He was a Senior Lecturer from 1996 to
2004, during which time he taught three courses per year. Senior Lecturers
are considered to be members of the Law School faculty and are regarded as
professors, although not full-time or tenure-track. The title of Senior
Lecturer is distinct from the title of Lecturer, which signifies adjunct
status. Like Obama, each of the Law School's Senior Lecturers has
high-demand careers in politics or public service, which prevent full-time
teaching. Several times during his 12 years as a professor in the Law
School, Obama was invited to join the faculty in a full-time tenure-track
position, but he declined."

The statements that "Senior Lecturers are... regarded as professors" and
that "Senior Lecturer is distinct from the title of Lecturer" together
imply that Lecturers are not regarded as professors or as members of the
Law School faculty. And yet the press release says that President Obama was
a professor at the law school for both his four years as a Lecturer and his
eight subsequent years as a Senior Lecturer. The meaning of the terms
"regarded as" and "considered to be" are not explained.

That said, in the absence of any dissenting voices emanating from the
University of Chicago Law School, there seems no reason to question the Law
School's statement that Barack Obama was a professor at the law school.
Every academic institution can designate who is and is not a professor at
that institution. No rule says they can't do so retroactively, after the
fact, much as many law schools retroactively converted previously earned
LL.B. (Bachelor of Law) degrees into J.D. (Doctor of Law) degrees.

And law professors don't have formal subspecialties. So any law professor
who ever taught constitutional law can properly be called "a constitutional
law professor."

There's also no reason to question the statement that "Obama was invited to
join the faculty in a full-time tenure-track position, but he declined."
Any law school in the United States would have happily offered a former
president of the Harvard Law Review a full-time tenure-track position.
While tenure-track positions at American law schools have become harder to
get in recent years, they are still more common than former presidents of
the Harvard Law Review seeking teaching positions. ****

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