January 8, 2016

Boyle Involved in Several Panels and Activities at AALS

Professor Robin Boyle has had a busy week at this year’s AALS meeting. A recapitulation of herBoyle activities:

  • She served on the Planning Committee for the Joint Scholars & Scholarship Workshop on Feminist Jurisprudence, which was held on Jan. 6th at Fordham Law School. 
  • She was the moderator for one of the break-out sessions at the Feminist Jurisprudence workshop.
  • She served as the Chair of the Program Committee for the Section of AALS Legal Writing, Reasoning and Research. In this capacity, she planned several panel discussions on the topics of providing meaningful feedback on students’ seminar papers, pedagogy, and reimagining the curriculum to address student needs and bench and bar demands.
  • She was the moderator for a panel on ‘Pedagogy for New Law School Teachers: What Every Law Professor Should Know About How Students Learn.’
  • She will be presenting a summary of the Program Committee’s orchestration of three panels at the Business Meeting on Saturday morning for the Section of LWRR.
  • She has been nominated by the outgoing Executive Committee to serve on the incoming 2016 Executive Committee for the Section of LWRR.
January 7, 2016

Wade Presents at AALS Panel on Diversity in the Financial Services Industry

Professor Cheryl L. Wade will present on a panel at the 2016 AALS

Cheryl Wade

Cheryl Wade

Annual Meeting. The session, co-sponsored by the Sections on Employment Discrimination, Minorities in Legal Education, and Women in Legal Education, will take place on Friday, January 8, from 10:15-12:15 in the Bowery room at the Sheraton Hotel.

The panel is described below.

Five years ago Congress acknowledged a persistent lack of diversity in the financial services industry and adopted Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Section 342 of the Dodd-Frank Act directs nine federal financial regulatory agencies to create an office of inclusion to ensure the fair inclusion and utilization of minorities in their workforces. Section 342 also directs each agency to assess the diversity policies and practices of the private sector entities contracting with the agency or regulated by the agency. Six of the agencies proposed joint standards to provide guidance on the scope of the required assessment. The Proposed Standards, however, remain proposed and have been the subject of significant commentary from various segments of the financial community. This program will explore whether Section 342 and the Proposed Standards have led to true progress towards advancing diversity in the financial services industry since Dodd-Frank. The program will explore a broad array of topics regarding diversity and inclusion in the financial services industry and leadership in public service and corporate boardrooms.

January 6, 2016

Subotnik Speaks on Scope of IP Rights at AALS Annual Meeting

On Saturday January 9th, Professor Eva Subotnik will be speaking on a


Eva Subotnik

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 [6390])

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

January 6, 2016

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 LawMarc DeGirolami 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.

December 23, 2015

Barrett Lectures, Moderates Nuremberg Trial 70th Anniversary Commemoration Roundtable in Nuremberg Courtroom

On November 20, 2015, the 70th anniversary of the start of the 1945-1946 Nuremberg international

John Barrett

John Barrett

trial of Nazi war criminals following World War II, Professor John Q. Barrett participated in Nuremberg’s official commemoration event.

In historic Courtroom 600 in Nuremberg’s Palace of Justice, Professor Barrett delivered an introductory lecture and then moderated a conversation with three men who worked in the trial process seventy years ago:  Yves Beigbeder, then an assistant to the French judge; Father Moritz Fuchs, then the bodyguard of U.S. Chief of Counsel Robert H. Jackson; and George Sakheim, then a U.S. interpreter and translator.

For streaming video of the event, click here—after welcoming remarks (in German) from

L-R, Lord Mayor Ulrich Maly, Dr. Yves Beigbeder, Dr. George Sakheim, Fr. Moritz Fuchs & Professor Barrett.

L-R, Lord Mayor Ulrich Maly, Dr. Yves Beigbeder, Dr. George Sakheim, Fr. Moritz Fuchs & Professor Barrett.

Nuremberg’s Lord Mayor and then a senior German judge, Professor Barrett’s speech (in English) begins at 16:45, followed by the roundtable (in English) beginning at 30:40.  Professor Barrett’s speech text also is downloadable here.

Professor Barrett is biographer of Justice Robert H. Jackson and writer of The Jackson List.

December 18, 2015

Perino on CBS Discussing Indictment of Martin Shkreli

Professor Michael Perino was on CBS last night discussing the indictment of pharmaceutical CEO mike perinoMartin Shkreli, who was charged (together with his lawyer) with fraud on a massive scale. You can view the clip here.

December 18, 2015

Subotnik’s Harvard JOLT Article Reviewed on PrawfsBlawg

Professor Eva Subotnik’s article, Copyright and the Living Dead?:


Eva Subotnik

Succession Law and the Postmortem Term, forthcoming shortly in the Harvard Journal of Law & Technology, was reviewed on PrawfsBlawg by Andrew Gilden.

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!”

November 18, 2015

Wade Presents Paper on African American Consumer Discrimination at Indiana Tech Law School

Professor Cheryl L. Wade will present a paper entitled “The African


Cheryl Wade

American Consumer and Predatory Lending” at a conference organized by Indiana Tech Law School and Attorney General Greg Zoeller on November 18, 2015. In her paper, she explores a range of contexts in which African American consumers face economically debilitating discrimination in the mortgage and auto loan contexts.  

November 17, 2015

Krishnakumar Presents at Cardozo Law School

Professor Anita Krishnakumar presented her work in progress, anitaReconsidering Substantive Canons, on Monday, November 9, at Cardozo Law School’s faculty workshop series. The paper discusses the Roberts Court’s use of substantive canons over its first six terms and argues that the empirical evidence suggests that many of scholars’ conventional assumptions about this category of interpretive canons are wrong, or at least overstated.

November 17, 2015

Salomone’s Essay on Single-Sex Schooling Published in Teachers College Record

Professor Rosemary Salomone’s commentary, “Public Single-Sex Schools: What Oprah Knew,” has been published on line in


Rosemary Salomone

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.  


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