July 28, 2014
On July 16th, Professor John Q. Barrett participated in a Nuremberg Memorium program in Courtroom 600 in the Palace of Justice, Nuremberg, Germany, site of the historic Nuremberg trials following World War II. Following a lecture by Dr. Oscar Schneider, a former German Federal Minister, Professor Barrett spoke on “New Law and Not-New Law: Justice Jackson’s Opening Statement at Nuremberg, Addressing the Legality of the Trial.”
While in Nuremberg, Professor Barrett also lectured in Creighton University School of Law’s summer program, “From Nuremberg to The Hague.”
Professor Barrett, biographer of U.S. Supreme Court Justice and Nuremberg chief prosecutor Robert H. Jackson (1892-1954) and writer of “The Jackson List,” is an expert on Jackson, the Nuremberg trials and their legacies. He regularly teaches, speaks and writes about Nuremberg, Jackson and related topics throughout the U.S. and internationally.
July 28, 2014
Professor Jeff Sovern presented the results of the arbitration study he, Professors Elayne Greenberg, Paul Kirgis, and St. John’s University Director of Institutional Advancement Yuxiang Liu have conducted to the Pound Civil Justice Institute’s Forum for State Appellate Court Judges on July 26. Professor Sovern was the luncheon speaker, at an event attended by judges from three dozen states.
July 27, 2014
Professor Jeremy Sheff’s current research project, “Who Should Pay for Progress?”, has been selected as the lead presentation of the opening plenary session of the 14th Annual Intellectual Property Scholars Conference at UC Berkeley. IPSC is the largest annual gathering of the intellectual property law academy, with over 150 scholars from all over the world presenting this year. Professor Sheff’s project investigates how societies do and should satisfy the moral claims of individuals who create new knowledge.
July 25, 2014
Professor Cheryl Wade will present a book chapter at the Southeastern Association of Law Schools Annual Meeting on August 3rd, 2014. Her presentation is part of a panel on Financial Institutions Law and Regulation.
July 21, 2014
Professor Marc DeGirolami has a new review of Professor Steven D. Smith’s recent book, The Rise and Decline of American Religious Freedom (HUP 2014).
July 19, 2014
Professor Rosemary Salomone will speak on Monday, July 21st at the International Political Science Association 23rd World Congress in Montreal. The topic of her paper is “Making New Citizens: Transatlantic Perspectives on Language, Belonging and Immigrant Schooling.” The following is a summary:
Policies on language and schooling in the United States and Western Europe reveal a decided concern for preserving social cohesion in the face of mounting immigration and cultural and religious diversity. This paper examines how that concern finds expression in contrasting discourses on linguistic pluralism and multiculturalism, how the apparent disconnect between the political rhetoric and reality affects the lives of immigrant students, how the distinct ways in which Europeans and Americans talk about language and immigration influence public attitudes and define the range of language policy options, and how the debate over the role of language in the schools, in one way or another, seems to ignore the impact of globalization and transnationalism and the connection among language, belonging, and citizenship. The discussion begins with the United States where the argument for maintaining immigrant languages, predominantly Spanish, in the schools holds diminishing support despite an unofficial “multiculturalism lite” as a heralded aspect of American identity. By way of contrast, it examines the challenges faced by Western European nations under competing pressures of global English for productivity and supranational directives on multilingualism for European integration and job mobility, while at the same time officially rejecting a presumably “thicker” form of multiculturalism as a politically destabilizing force.
July 19, 2014
Professor Jeff Sovern authored two entries in the recently-published Consumer Survival: An Encyclopedia of Consumer Rights, Safety, and Protection (2014).
The first, on Door-to-Door Sales, appears in volume 1 while the second, on the Magnuson-Moss Warranty Act, is in volume 2.
July 19, 2014
Jennifer Baum, Associate Professor of Clinical Legal Education and Director of the Child Advocacy Clinic, has published a new article for the ABA’s Children’s Rights Litigation Newsletter entitled “Ready, Set, Go to Federal Court: The Hague Child Abduction Treaty, Demystified.”
In the article, Professor Baum, who has represented or worked with children on a number of international parental child abduction cases, discusses the need for increased advocacy for children and parents in Hague cases, especially those in which one or both parents raise child safety concerns.
June 21, 2014
Professor Eva Subotnik’s article, Constitutional Obstacles? Reconsidering Copyright Protection for Pre-1972 Sound Recordings, 37 Colum. J.L. & Arts 327 (2014), co-authored with June Besek at Columbia Law School, has been published in the Columbia Journal of Law & the Arts. In their article, Professors Subotnik and Besek examine the constitutional underpinnings of proposed legislation to bring pre-1972 sound recordings under federal copyright protection, in particular, whether such an amendment would violate due process or constitute a taking pursuant to the Fifth Amendment of the Constitution. While concentrating on pre-1972 sound recordings, the article timely addresses issues that have implications beyond that context in the digital age, including implications for the comprehensive review of U.S. copyright law currently under way by the House Judiciary Committee.
In addition, Professor Subotnik’s article, Intent in Fair Use, will be published in the Lewis & Clark Law Review this fall. The article explores the role of intent in the context of fair use. Specifically, it examines whether a claim of fair use of a copyrighted work should be assessed solely from an “objectively reasonable” vantage point or should, additionally, allow for evidence from the subjective perspective of the user. The Article first develops a framework for evaluating the degree to which courts, parties, and scholars have deemed conscious compliance with fair use principles relevant to the fair use analysis. It then argues for a limited role for evidence of subjective intent, proposing criteria for when such evidence should, and should not, be weighed in the fair use calculus.
June 19, 2014
Professor Jeremy Sheff was quoted in an article on today’s decision by the United States Patent and Trademark Office to cancel several trademark registrations owned by the Washington Redskins. The article states in part:
A person (or organization) gets a trademark by using it in commerce, and registration is simply an extra step that confers extra protections. “The Lanham Act gives the senior user of a mark the right to prevent others from using a mark that is likely to cause confusion, regardless of whether the mark is registered,” says Jeremy Sheff, an intellectual property law professor at St. John’s.
. . .
It’s theoretically possible that a judge would restrict the team’s common law rights on the basis that the marks are disparaging, but unlikely — and we probably won’t find that out until the team actually sues someone using the name and logo.
“There’s a chance that the Redskins mark will eventually be found not only unregisterable, but unenforceable,” Sheff says. “But I don’t think it’s a strong one.”