September 18, 2017

Barrett Delivers Miller Lecture & Interviews Eichmann Prosecutor Gabriel Bach

On September 12th, Professor John Q. Barrett delivered a lecture, “From Nuremberg to Eichmann,” in this year’s Paul S. Miller Distinguished Lecture program, held in New York City and sponsored by the International March of the Living and Rutgers Law School.

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John Barrett

U.S. Department of Justice attorney and Nazi-hunter Eli Rosenbaum, longtime head of DOJ’s Office of Special Investigations, also lectured. The program also featured excerpts from Professor Barrett’s recent videotaped interview with Israeli Supreme Court Justice (retired) Gabriel Bach, who in 1961 was deputy prosecutor, in Jerusalem, of former Nazi SS officer Adolf Eichmann, a principal architect of the Holocaust.  For further information on this program, click here.

September 16, 2017

Warner’s Article To Be Reprinted in New York Commercial Law Goldbook

Professor Ray Warner’s article “Rejoice in New York’s Revised UCC, But Beware Traps,” discussing the 2014 revisions to New York’s UCC, has been selected to be reprinted in the 2018 edition of the New York Commercial Law Goldbook published by LexisNexis.

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G. Ray Warner

September 5, 2017

Levine Hosts Roundtable and Presents at SEALS

On July 10-11 Professor Kate Levine hosted a roundtable for junior criminal law scholars in conjunction with Jocelyn Simonson of Brooklyn Law School.  Fourteen scholars from schools including Harvard, Wash U., Ohio State, and Vanderbilt, presented works in progress. In addition to hosting, Professor Levine presented her current work in progress Discipline and Policing.  levine

On August 1, Professor Levine was an invited presenter at the Southeastern Association of Law Schools in Boca Raton, FL. S he presented her current work in progress Discipline and Policing at a panel titled, Procedural Issues in Policing the Police.

September 1, 2017

Sovern quoted by Politico and Bloomberg

Politico’s Morning Money newsletter quoted Professor Jeff Sovern on August 25 as follows:

BANK EARNINGS REACT — Via St. John’s professor Jeff Sovern: “Greg Baer misses the mark when he criticizes regulatory reform opponents for saying reform is unnecessary because banks are making record profits. Supporters of the reduced regulation reflected in the Financial Choice Act claim the rules mandated by Dodd-Frank make it hard for banks to operate and are causing some to close.

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Jeff Sovern

“Dodd-Frank supporters retort that If banks are making record profits despite the supposedly onerous regulations, banks must be doing just fine. It is hard to reconcile claims that regulations are putting banks out of business with reports of record profits.

In an August 4 story, Potential Successor to CFPB’s Cordray Unclear Under Dodd-Frank, Bloomberg also quoted Sovern:

Jeff Sovern, a professor of law at St. John’s University School of Law in New York City, . . . told Bloomberg BNA that Dodd-Frank’s language might allow the CFPB’s deputy director David Silberman to step in if Cordray leaves. “I’m not an expert on administrative law by any means, but surely an argument can be made that a director who resigns is both ‘absent’ and ‘unavailable,’ which means that the deputy director would automatically become acting director in light of the statutory text that the deputy director ‘shall serve as acting Director in the absence or unavailability of the Director,’” said Sovern, who’s also a coordinator of and contributor to the Consumer Law and Policy Blog.
* * *
Sovern looked ahead to the potential next phase, saying President Trump probably would nominate a permanent director fairly quickly if Director Cordray were to resign. “In addition, as a filibuster could not be used to block a nominee for the directorship, the Senate would probably confirm a nominee rapidly, unless the president nominated someone who would divide the Senate Republicans,” Sovern said.

August 28, 2017

Joseph Publishes Book with Farrar, Straus and Giroux

Professor Lawrence Joseph’s eighth book, and sixth book of poems, So Where Are We?, has been published by Farrar, Straus and Giroux.  larry joseph photo

In early praise of the book, John Freeman, in Lit Hub writes, “Here is a 21st century Virgil, a guide to the wreckage we’ve made of enlightenment… Intimate, brave, outraged, hopeful; I’ve not read a book more for our times than this collection.”  John Hennessey, in The Common , writes that “Joseph is singular in American poetry. A pronounced poet-chronicler, a risk- taker and truth-teller… Joseph expertly combines images, ideas, and the  language of political economy, labor and capital, racism and war, with expressions of great beauty and physical and emotional intimacy…[ i]nfused with a fierce and uncompromising moral vision,” and, in The Millions, Nick Ripatrazone states that  “Joseph’s poems are necessary, immediate, somehow now and eerily ancient…Joseph has the care to document our present… the kind of poet who helps us parse the prophecies from the noise. ”  Anthony Domestico, in his introduction to  “Portrait of our Time: An Interview with Lawrence Joseph ” in Commonweal, concludes that So Where Are We? is a book that “combines formal excellence with an acute and prophetic moral vision, one of the best any contemporary American poet has written.”

August 23, 2017

Barrett Introduces Judge Newman’s Jackson Lecture

On August 16th, Professor John Q. Barrett introduced Chautauqua Institution’s 13th annual Robert H. Jackson Lecture on the Supreme Court of the United States.

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John Barrett

The lecturer, Judge Jon O. Newman of the U.S. Court of Appeals for the Second Circuit, delivered a lecture entitled “The Supreme Court—Then and Now,” which compared the U.S. Supreme Court that he saw as Chief Justice Earl Warren’s 1957-58 senior law clerk to the Supreme Court of today.  For video of the Professor Barrett’s introduction and then Judge Newman’s lecture, click here.

August 16, 2017

Salomone Quoted in LA Times Article

Professor Rosemary Salomone was quoted in the article, “The Newest Battlefield in L.A. Unified’s Enrollment War is a Boys School,” which appeared in the August 15th edition of the LA Times.

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Rosemary Salomone

The school is modeled after the Eagle Academies in New York City, a group of all-boys’ schools designed under the leadership of David Banks, a graduate of the Law School.

August 16, 2017

Subotnik Presents at Plenary at IP Scholars Conference

Last week, Professor Eva Subotnik presented her work-in-progress on the evolving nature of photography as a profession in the digital age, co-authored with Professor Jessica Silbey, of Northeastern University School of Law, and Professor Peter DiCola, of Northwestern University Pritzker School of Law, at the closing plenary panel of this year’s IP Scholars Conference (IPSC) at Cardozo School of Law.

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Eva Subotnik

Here is an abstract of their project:

Empirical Study of Photographic Copyright and Changing Aesthetic and Business Practices in the Digital Age

Through various empirical methods (both qualitative and quantitative), we are investigating the business and art of photography as it has evolved with digital technology. The goals of the project are to learn how earning a living as a photographer (or through photography) and the practice of photography have changed in the age of internet distribution and e-commerce, fast evolving digital photographic equipment, and the accompanying changes to culture, aesthetics and the market. In particular, we are interested in the roles intellectual property law plays in the changing (or enduring) aspects of photography as a professional and artistic endeavor.

We received a seed grant from the Spangenberg Center for Law, Technology & the Arts at Case Western Reserve University School of Law to fund the preliminary collection of data via long-form interviews with photographers and their business partners. So far, we have conducted multiple interviews each approximately 90 minutes long, and we have done some preliminary coding and analysis of those interviews. We anticipate conducting at least twenty-five (25) interviews before beginning the quantitative work. We plan to eventually run a survey based on the qualitative analysis of the interviews to test some of the relevant variables and distinctions that emerge from the interviews. At IPSC 2017, we hope to present the structure of this project and its theoretical and empirical framework as well as a preliminary analysis of the interview data to date. We anticipate receiving constructive feedback from colleagues about the future shape and direction for this project.

Several theoretical frames inform our questions and methods. First, from prior empirical work in intellectual property, we understand that a “one size fits all” model of IP protection is inaccurate as a matter of doctrine and practice. Variations in IP-rich industries dictate diverse uses and needs for IP law – some uses are different but complementary and others contradict and undermine one another. Second, we understand that the copy, distribution and display functions have merged in our digital age (and have become cheaper and easier to accomplish) despite IP statutes that distinguish them in critical ways (e.g., via the first sale doctrine). This presents particularized problems and solutions in certain fields (photography, music, software) but not in others (sculpture, applied and industrial art, biotechnology). Third, business models for creative and innovative endeavors (be they start-ups or large firms) are rapidly evolving with platform technology and information distribution networks. These changing business models are worth close study for the ways they may be altering the creative environment for photographers specifically (and as models for creative actors more generally), which in turn may affect how the copyright system is perceived, employed and enforced.

 

August 11, 2017

Lazaro quoted on DOL request to further delay its Fiduciary Duty Rule

Professor Lazaro was quoted by Law360 and BenefitsPRO on the recent announcement that the Department of Labor is seeking a further delay of its Fiduciary Duty Rule, currently set to be fully implemented on January 1, 2018. The DOL has requested a delay of 18 months, pushing back full implementation to July 1, 2019. Christina

On Law360, Professor Lazaro was quoted in Carmen Germaine’s article, “Further Delay Tees Up Fiduciary Rule For Major Changes.”  Professor Lazaro discussed the review process, and potential revisions:

As the OMB considers the extension, stakeholders on both sides of the rule will have the opportunity to meet with office staff members, while the public at large can comment, St. John’s University School of Law Professor Christine Lazaro noted. Proponents of the rule may also bring a legal challenge if the extended delay does go into effect.

“It’s difficult to say right now whether the BIC itself will ever come into being looking like it does now,” Lazaro said. “Most of the industry objection has been to the contract itself and the disclosure requirements, so if changes are going to be made that’s likely where it’s going to be made.”

But Lazaro said that the contract remains an important part of the exemption even without the class action waiver ban, as arbitrators may be less likely to grant claims for breach of fiduciary duty without a written agreement. She added that brokers typically disclaim they had a fiduciary duty if the investor’s account is non-discretionary.

“If a broker or an investment adviser doesn’t act in the best interest of the investor, the investor needs to have some way to hold the person accountable for that, and a contract is one of the easiest ways to do it,” Lazaro said.

Professor Lazaro was also quoted in Nick Thornton’s article on BenefitsPRO, “Does Labor have justification to delay fiduciary rule?” discussing the rationale for the delay:

Christine Lazaro, director of the Securities Arbitration Clinic at St. John’s University School of Law and a board member of the Public Investors Arbitration Bar Association, does not think those potential justifications satisfy APA’s requirements.

“I haven’t seen evidence that industry needs more time to comply,” said Lazaro. PIABA is also advocating against a delay.

“True, development of new products will take time, but it appears the industry has had sufficient time to develop policies and procedures capable of complying with the rule,” she said.

To Lazaro, it appears Labor’s justification for a delay is that it needs more time to complete its review of the rule.

“But if Labor doesn’t have new information as to why the rule should not proceed, it should not delay for the sole purpose of reviewing the rule,” added Lazaro.

August 2, 2017

Former Vice President Biden Includes Essay by Sovern, Calabrese, and Goldweber in His Podcast, Biden’s Briefing

Last month, The Conversation published an essay by Professors Jeff Sovern, Gina M. Calabrese, and Ann L. Goldweber, “Why we need to save the Consumer Financial Protection Bureau.

Since then, the essay has been republished online by the San Francisco Chronicle, CNBC.com, and the New York Observer, among other outlets. Last week, former Vice-President Joe Biden included the essay in his podcast, Biden’s Briefing, which reports “What Joe wants you to know. Every day, Vice President Joe Biden looks to the news across the nation that’s sparking conversation, sharing the articles and opinions that he’s reading and might be of interest to you.”  You can hear the article read on Biden’s Briefing here.

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