Teachers College Record. The commentary discusses the U.S. Department of Education’s recent ruling dismissing a Title IX complaint filed almost 20 years ago by civil liberties groups challenging the legality of the Young Women’s Leadership School in East Harlem. It recalls the school’s first graduation ceremony where Oprah Winfrey as the commencement speaker affirmed the merits of single-sex schooling especially for disadvantaged students.
Professor Lazaro was quoted in The Street on shared responsibility defenses raised by brokerage firms during arbitrations. The article covered a panel on the topic from the PIABA Annual Meeting in late October on which Professor Lazaro participated:
Christine Lazaro, director of the Securities Arbitration Clinic at St. John’s University in Queens, N.Y., told an audience of Piaba members that even in cases where salespeople have put customers into inappropriate investments, financial firms are arguing that the client — not the broker — has failed at their duty to properly monitor an account.
That makes no sense, she said, because brokers have an obligation to recommend suitable investments in the first place. How can vigilant monitoring help the investor who started off with a portfolio that was never right for them?
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.
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.
Professor Ray Warner’s article, “Re-imaging Rescue: The View from the United States,” will be published in the Autumn 2015
issue of Recovery. Recovery is the journal of The Association of Business Recovery Professionals, which is the leading organisation for insolvency, restructuring and turnaround specialists in the United Kingdom.
Professor Vincent Di Lorenzo presented a paper at the XXVII World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR), held on July 27 – August 1, 2015 and hosted by Georgetown Law School. The paper, “Reason, Cognition and Emotion: A Study of Regulatory Philosophy and Enforcement Policy,” explores the light-touch approach to regulation that prevailed in the U.S. and U.K. until 2008 and was based on the regulatory viewpoint that mainstream corporations embraced an ethical commitment to legal compliance. It then examines the very recent change in regulatory viewpoint to one that views the corporation as a rational actor. This has led to an enforcement policy relying on billion dollar fines to deter future wrongdoing. The paper criticizes both regulatory philosophies, and calls for recognition of both complexity in organizational decisions and cognitive influences on organizational behavior. The paper then raises the issue of how enforcement policy might be altered to motivate greater organizational commitment to legal compliance.
Professor Christine Lazaro presented at PLI’s “Securities Arbitration 2015” on Thursday, July 30th. Professor Lazaro was on the panel entitled, “Recent Developments in the Law and Future Trends” along with Rick Berry, the Director of Dispute Resolution at FINRA, Greg Curley, Senior Litigation Counsel at AIG Advisor Group, and Joseph Peiffer, the current president of PIABA (the Public Investors Arbitration Bar Association). Professor Lazaro also submitted an article for the written materials for the program, “Suitability Obligations Applicable to Securities and Annuities,” co-authored with Benjamin Edwards.
Professor Michael Perino’s article, “The Gift of Inside Information,” has been cited in the Solicitor General’s petition for certiorari in U.S. v. Newman, a case concerning liability for insider trading under a gifting theory. Information about the case and a link to the petition may be found here.
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.
Professor Warner will be participating in a week-long simulation of a cross-border bankruptcy case that will commence
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.