Professor Keith Sharfman will deliver the Fall 2015 Distinguished Lecture at the Jewish Law Institute at Touro Law School on Wednesday, October 7. The title of his lecture is “Religious Arbitration in Bankruptcy.” Former speakers have included Professor Sanford Levinson of the University of Texas, acclaimed First Amendment lawyer Nathan Lewin, and noted Orthodox rabbi and writer Dr. Meir Y. Soloveichik.
Sharfman to Deliver Touro Law School’s Jewish Law Institute’s Fall 2015 Distinguished Lecture on Religious Arbitration in Bankruptcy
Professor Eva Subotnik will join Professors Jay Dougherty and Jennifer Rothman, both of Loyola
Law School, Los Angeles, today, October 2, for a panel discussion at Columbia Law School’s symposium (information is available here) addressing instances in which concern for the manageability of “the work” augurs a determination that the claimant is not an “author” in the first place. Professor Subotnik will present a talk entitled “The Author Was Not An Author,” forthcoming in the Columbia Journal of Law & the Arts, in which she will look at the early copyright precedents that considered the role of photographer and photographic subject as a way to think about recent disputes over micro-contributions to a work. Specifically, in Burrow-Giles v. Sarony, the author Oscar Wilde was deemed the photographic subject, and not the author—or even co-author—of his celebrated photographic portrait. Sole authorship was reserved for the photographer, Napoleon Sarony. But cases that followed in the wake of Burrow-Giles did touch upon the possibility of authorial contributions by photographic subjects. Judicial discomfort with that possibility, and presumably the need for line drawing, made these claims unsuccessful. Against that backdrop, it is perhaps easier to contextualize the Ninth Circuit’s recent opinion in Garcia v. Google, in which the en banc court determined that an actress was not likely to succeed on a claim that she owned a copyright interest in her own acting performance in a film.
Professor Rosemary Salomone presented a paper on September 28 on “Europe’s Multilingualism Agenda: Educational
Quality, Globalization, and Linguistic Justice” at a meeting on “The European, International, Intercultural and Pluri-Linguistic Component of Quality in Education: A ‘Generational’ Right to Education” sponsored by the Faculty of Law at the University of Trento in Italy.
Professor Ray Warner has been reappointed by INSOL to serve a second term as Course Leader of the Global Insolvency Practice Course. INSOL is the world’s leading international insolvency organization and the course is a year-long program that trains a select group of established insolvency practitioners to handle cross-border insolvency cases.
Later this week, Professor Eva Subotnik will be presenting her work-in-progress, Artistic Control
After Death, at a colloquium entitled “The Walking Dead.” The two-day program, hosted by Savannah Law School in Savannah, GA, will bring together legal scholars to discuss an array of topics relating to how death, and the fear of death, affect the law of the living. Professor Subotnik will be speaking on the “Rights of the Dead” Panel, in which she will discuss the extent to which authors and artists should be able to execute enforceable instructions about the uses of their works following their deaths. Information about the program is available here. The abstract follows:
To what extent should authors be able to control what happens to their literary, artistic, and musical creations after they die? Looked at through the lens of general succession law trends, there is some evidence to suggest that strong control is warranted. The weakening of the Rule Against Perpetuities, the rise of the honorary trust, and the availability of conditional bequests all portray a tightening grip of the dead hand. And yet, an unconstrained ability of the dead to determine future uses of works of art,music, and literature seems fundamentally troubling. This article situates the instructions given by authors with respect to literary and artistic works within the types of instructions given by decedents with respect to other bequests. In particular, it considers whether the use of a fiduciary duty to ensure artistic control is an appropriate and enforceable maneuver. Weighing in favor ofsuch enforcement, arguably, are the natural and personhood rights of author-testators as well as the possible up-front incentive effects on them. Weighing against, arguably, are the natural and personhood rights of others as well as the possible long-term effects on cultural development. In balancing these competing interests, this article considers, among other things, the demands of both federal copyright policy and state trust and right of publicity laws. In the end, it argues that authorial instructions must yield to the needs of the development of culture. Such a view requires that some living person(s) be in a position to make decisions about the uses of literary and artistic works.
On August 6th, Professor John Q. Barrett delivered the principal lecture at a State Department program honoring Ambassador-at-Large Stephen J. Rapp on the occasion of his retirement after six years heading the Department’s Office of Criminal Justice. Professor Barrett’s lecture was entitled “Seventy Years Since London: The Summer 1945 Allied Negotiations, the August 8th Agreement Creating the International Military Tribunal at Nuremberg, and the Path of Modern International Law.”
Professor Ray Warner’s article, “Preserving a Single Forum for Corporate Rescue,” has been accepted for publication in
International Corporate Rescue. The ICR journal is published in association with the Centre for Commercial Law of the University College London.