Presse, an international news agency, for an article about interest in American crime docudramas, such as “Serial” and “Making of a Murderer.” In the interview, Dean Cunningham is quoted about exonerations, innocence investigations by journalists, and the O.J. Simpson trial. The piece has been picked up by publications in Australia, Singapore, Bahrain, and others.
Professor Ray Warner will be at the United Nations this week as a member of the International Insolvency Institute’s delegation to Working Group VI of UNCITRAL. The working group is developing an international model law of personal property secured transactions.
Bloomberg BNA’s Banking Daily quoted Professor Jeff Sovern in an article, Financial Firms Watch, Wait on CFPB Move to Limit Arbitration. According to the article:
“I think they are very troublesome,” Jeffrey Sovern, a law professor at St. John’s University, in New York, said of the arbitration clauses. “Class action lawsuits are a mechanism to deter businesses from taking advantage of consumers in small amounts,” he told Bloomberg BNA, echoing a point made by Cordray in his speech.
A customer who is mistakenly charged $30 on his mobile phone bill is unlikely to file a claim in court or arbitration to get the money back, and such a case is too small to justify hiring an attorney, Sovern said. If that customer files a class action on behalf of a million customers hit with similar charges, that’s a $30 million lawsuit, and the dynamics have changed.
Professor Christine Lazaro was quoted in Investment News on the Department of Labor’s pending rule proposal regarding the definition of fiduciary under ERISA:
“The Department of Labor has done a pretty significant job in listening to all the stakeholders over the last five-year period,” said Christine Lazaro, associate professor of clinical legal education at St. John’s University. “To imply they haven’t fully considered the cost benefit analysis of the rule’s impact is misleading.”
The rule proposal was submitted to the Office of Management and Budget on January 28, 2016, prior to its being released to the public in the Federal Register.
On Saturday January 9th, Professor Eva Subotnik will be speaking on a
panel at the Annual AALS Meeting that will address the scope of intellectual property rights. A description of the topic and speakers follows:
Interpreting the Scope of Rights in IP (1:30 pm – 3:15 pm )
A recurring question in intellectual property law concerns the delineation of the scope of the protection it confers. Enforcing rights in intangible things often requires some form of interpretation (linguistic or otherwise) to determine the very boundaries of the thing protected. In order to understand what a copyright’s protection includes, for instance, it is necessary to engage in idea/expression analysis, or otherwise separate the utilitarian (non-protectible) aspects from the expressive (protectable) ones. A patent’s enforcement typically hinges on claim construction (or interpretation), and a trademark’s enforceability similarly depends on interpretive issues regarding the trademark’s meaning to consumers and its functionality. All three areas thus embed epistemological and evidentiary questions in their assessment of scope yet they are not always recognized as questions concerning interpretive choices and methods. Recent case law has seen renewed attention to interpretive questions, including how patents should be construed (and whether these issues are questions of fact or law); by whom; and at what point in litigation. Recent scholarly debates concern whether IP statutes should be interpreted like other subject matter statutes. This Panel will examine the question of scope in intellectual property law as a function of interpretive questions that require greater theorization as such.
Amy M. Adler, New York University School of Law
Kevin Emerson Collins, Washington University in St. Louis School of Law
Mark A. Lemley, Stanford Law School
Margaret-Jane Radin, The University of Michigan Law School
Eva E. Subotnik, St. John’s University School of Law
Moderator: Zahr Said, University of Washington School of Law
DeGirolami introduces AALS Law and Religion Section Panel on “Religious Responses to Same-Sex Marriage”
Professor Marc DeGirolami, the outgoing chair of the AALS section on Law and Religion, will introduce this year’s panel, “Religious Responses to Same-Sex Marriage,” to be held this Thursday, January 7, from 10:15 AM to noon (Nassau West, Second Floor, NY Hilton). The panel will be moderated by Michael Helfand (Pepperdine) and will include the following panelists: Erik Eckholm (New York Times), Katherine Franke (Columbia Law School), Rusty Reno (First Things), Kevin Walsh (University of Richmond Law School), and Robin Wilson (University of Illinois College of Law). The panel description is below.
Over the past 15 years, the United States has seen a rapid change in attitudes toward same-sex marriage. That change has raised significant questions and challenges for various religious communities in the United States. Religious communities have responded in different ways—from endorsement to ambivalence to rejection. This year’s panel will explore these various reactions, including theological changes within religious communities, legal challenges advanced by religious communities, and legislative initiatives pursued by religious communities, as well as a host of other social, political, and legal responses to same-sex marriage in the United States. It will discuss how religious communities might, or might not, adapt to continuing social changes in the United States and how the United States will maintain its constitutional and cultural commitment to the religious freedom of these different communities.
Professor Eva Subotnik’s article, Copyright and the Living Dead?:
In her article, Subotnik argues that succession law principles provide discrete, though qualified, support for a postmortem copyright term and that more precision should be used in categorizing the costs associated with postmortem protection. In particular, in many instances, the costs should be conceptualized as resulting from suboptimal stewardship by the living rather than from dead-hand control.
In his post, Gilden writes that “Subotnik’s article makes at least two important contributions to the literature: First, she brings copyright law more explicitly into conversation with trusts & estates theory and scholarship….Subotnik provides some useful new ways of using succession law to think about the very long postmortem copyright term, and her article more broadly reads as a blueprint for some fruitful conversations between and among copyright and T&E scholars….Second, Subotnik’s article begins the useful task of disaggregating the initial ‘life’ term from the ‘plus 70.’…As Subotnik observes, succession laws generally recognize the strong desire for individuals to provide for their loved ones, the sentimental attachment to particular items, and an interest in preserving legacy. Structuring copyright around a postmortem term might accordingly provide a qualitatively different set of incentives than the financial incentives typically acknowledged in the case law.…Definitely worth a read!”
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.