July 20, 2015
On July 8th, Professor John Q. Barrett introduced Chautauqua Institution’s 11th annual Robert H. Jackson Lecture on the
Supreme Court of the United States. The lecturer, Professor Laurence H. Tribe of Harvard University, then delivered “The Constitution Writ Large,” addressing:
- the Charleston, South Carolina, murders;
- leading decisions in the Supreme Court’s just-completed term, including Zivotofsky v. Kerry (the Jerusalem birth/U.S. passport case), Walker v. Texas Division, Sons of Confederate Veterans, Inc. (the Confederate license plate case), and Obergefell v. Hodges (the marriage case);
- Justice Robert H. Jackson’s judging during his 1941-1954 tenure on the Supreme Court; and
- Justice Anthony M. Kennedy’s judging today, including especially his recent opinion for the Court in Obergefell.
For YouTube video of the entire program, click here.
For the text of Professor Tribe’s lecture, click here and here.
May 13, 2015
Professor Warner will be participating in a week-long simulation of a cross-border bankruptcy case that will commence
G. Ray Warner
Monday, May 11th, with joint video hearings with a English judge in London and a U.S. judge in New York. The simulation is the culmination of the INSOL Global Insolvency Practice Course that trains experienced insolvency practitioners to handle cross-border cases. Professor Warner is the Course Leader. This year’s class includes 22 insolvency professionals from 14 different jurisdictions. This week’s simulation exercise also includes judges from Brazil, Canada, Germany & New Zealand.
May 11, 2015
Professor John Q. Barrett recently participated in the following:
- On March 25th, he spoke at DLA Piper’s Marbury Institute—live in New York City and by video feed to each of the firm’s offices—on “The Rule of Law at Nuremberg and Its Lessons for Today.”
- On April 17th, he spoke, about Nazi corruption of law, Justice Robert H. Jackson and the Nuremberg trial, at a professional ethics program co-sponsored by the Holocaust Research Center of Buffalo (click here for video).
- On April 27th, he lectured, on Justice Jackson and the Nuremberg trial, at the United States District Court for the Eastern District of Pennsylvania Judges’ retreat.
- On May 4th, he attended the premiere, at the Robert H. Jackson Center in Jamestown, NY, of a new documentary film, “Liberty Under Law: The Robert H. Jackson Story.” Professor Barrett, Jackson’s biographer and a Fellow at the Jackson Center, is a prominent “talking head” in the film, which soon will air on public television and be distributed widely. For the film’s Facebook page, click here, and for local press on the Jamestown premiere, click here.
April 21, 2015
Professor Ray Warner is serving as a delegate of the International Insolvency Institute to
G. Ray Warner
UNCITRAL Working Group VI (Security Interests) during its drafting sessions this week at the UN in New York. Working Group VI is developing a a model international law on secured transactions.
March 24, 2015
Professor Anita Krishnakumar’s new article, “The Sherlock Holmes Canon,” has been accepted for publication in the George Washington Law Review. Here is the abstract:
Many of the Supreme Court’s statutory interpretation cases infer meaning from Congress’s failure to comment in the legislative record. Colorfully referred to as the “dog that did not bark” canon, after a Sherlock Holmes story involving a watchdog that failed to bark while a racehorse was being stolen, the interpretive presumption holds as follows: if a new law or statutory amendment would significantly change the existing legal landscape, Congress can be expected to comment on that change in the legislative record; thus, a lack of congressional comment regarding a significant change can be taken as evidence that Congress did not intend a change in the law. Failure to comment arguments typically arise when the Supreme Court considers the meaning of a statutory provision that has been amended and an interpretation of the statute is advanced that arguably would change the status quo. Surprisingly, this canine canon of construction has received little theoretical attention—and what little attention it has received has tended to be positive, assuming that the canon leads courts to follow congressional intent. But there are several practical and theoretical problems with the assumptions underlying the canon.
This Article first examines how courts employ the Sherlock Holmes canon in practice. It then evaluates the canon’s normative and theoretical implications in detail. Ultimately, it argues that the Sherlock Holmes canon is a clear statement rule in disguise, in that it allows judges to freeze certain legal rules in place and to shift the institutional burden to Congress to be exceptionally clear when it wishes to effect certain kinds of legal change. The Article concludes that the canon should be invoked only in rare cases, when there is special reason for courts to expect or require Congress to comment on a change in the law.
February 23, 2015
Professor Ettie Ward was recently elected to the Executive Board and Secretary of the Sports Law Section of the AALS. Professor Ward was also elected to the Executive Boards of both the Civil Procedure and Litigation Sections.
October 27, 2014
Professor Lawrence Joseph’s poem, On Nature, has been published in Commonweal Magazine’s 90th Anniversary issue.
September 30, 2014
The Lanier Theological Library in Houston has posted a video of a panel on religious liberty that took place at
the library earlier this month. Among other subjects, the panel addressed the rise of contemporary Islamism, the treatment of Christians in the Mideast, the prevalence of Islamic-law arbitration in Europe and the US, and the legality of American drone strikes on American citizens affiliated with Islamist groups. The panel was hosted by Mark Lanier and included Professor Mark Movsesian, Dean Michael Simons, Professor James Hoffmeier (Trinity Evangelical Divinity School), and Fr. Mario Arroyo (Archdiocese of Galveston-Houston).
September 29, 2014
This Friday, St. John’s University School of Law will host a breakfast talk with SEC Enforcement Division Director Andrew J. Ceresney and Robert E. Rice, Chief Counsel to SEC Chair Mary Jo White. The program will focus on the modern challenges facing the commission, including new financial instruments, high frequency trading, and international investigations. This event will take place at St. John’s new Manhattan campus and is co-sponsored by St. John’s Law Review and the Corporate and Securities Law Society. To register for the program and for additional information, please visit the event page.
September 26, 2014
On September 19, Dean Michael Simons spoke at the University of St. Thomas School of Law in Minneapolis as part of the 2014 Religiously Affiliated Law Schools Conference. Dean Simons was part of a panel of deans discussing “Religious Identity in a Time of Challenge for Law Schools.”