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Legal Commentary

: Prawfs

An Unusual (and Uncomfortable) Appointments Question

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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One of the many joys of serving on a hiring committee (which I've been privileged enough to do three of my five years in the academy, including this year) is the chance to see familiar names (and, eventually, faces) among the massive stacks of resumes. It's always a treat to see the interesting work that old comrades have been doing -- only the more so when that work also catches the eye of other members of your committee.

Knowing lots of people in the pool, though, raises a potential problem that I hadn't encountered (or even anticipated) until recently: What should you do when you come across representations in a candidate's FAR form (or resume) that you know for a fact are either incorrect or at the very least seriously misleading? Some are easy enough to check (e.g., whether an article was co-authored; whether it was a student note; etc.). For others, though (e.g., employment information), what's obvious to me (e.g., that the candidate misrepresented the nature of their position, or the reason for termination, etc.) might be very difficult for those unfamiliar with the candidate to check, especially if that employer isn't one of their references.

So what's my responsibility in that instance? If other members of my committee want to consider that candidate, do I have a responsibility to tell them that I think the candidate is misrepresenting something? If the candidate doesn't grab our attention, do I just snicker to myself and move on? Has anyone encountered a similar problem before?

Full post as published by Prawfs on September 04, 2009 (boomark / email).

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