January 13, 2017

DeGirolami Presents at Yale Law School Conference

Professor Marc DeGirolami is presenting a paper today at a conference at Yale Law School titled, “Faith, Sexuality, and the Meaning of Freedom.”  Marc DeGirolami


Professor DeGirolami’s paper, “On Article XI of the Treaty of Tripoli,” will become a chapter in a book written by the conference presenters.

January 9, 2017

Wade Presents at AALS

Professor Cheryl L. Wade was a panelist on the Plenary Program for the Socio-Economics Section’s extended program at the annual meeting of the American Association of Law Schools on January 4th, 2017.


Cheryl Wade

The program’s title was Exploring Law and Economic Issues Faced by Real People in Social Context.  Professor Wade’s presentation was entitled “The Future of Corporate Governance: How Do We Get from Here to Where We Need to Go?”

December 16, 2016

Cavanagh Presents Paper at Antitrust Division Seminar

On December 14, 2016, in Washington, D.C., at the invitation of the Department of Justice Antitrust Division, Professor Ned Cavanagh presented his article, Matsushita at Thirty: Has the Pendulum Swung Too Far in Favor of Summary Judgment?, at the Antitrust Division’s Seminar on Competition Law.  Cavanagh_hores

The article is forthcoming in the Antitrust Law Journal and generated a lively ninety minute discussion at the seminar.

December 6, 2016

Barrett Lectures in Buffalo, Jamestown, Washington & Newark

At the conclusion of this 70th anniversary year of the International Military Tribunal at Nuremberg, Professor John Q. Barrett recently gave four major lectures:

· On October 28th, he was a panelist at an Erie Institute of Law program, “The Nuremberg Trials 70 Years Later: Legal Ethics & the Holocaust,” held in Buffalo, New York. The moderator was Buffalo attorney and former New York State Bar Association president Vincent E. Doyle, III, and the other lecturers were U.S. District Judge Lawrence J. Vilardo (WDNY), Associate Judge Eugene M. Fahey (New York Court of Appeals), Professor James G. Milles (University at Buffalo School of Law), and Ambassador (ret.) Howard W. Gutman. For audio of most of Professor Barrett’s lecture, “The Nuremberg Trials & Justice Jackson’s Role,” click here. For video of the panel Q&A following the individual lectures, click here.


L-R: Prof. Barrett, Prof. Milles, Amb. Gutman, Judge Vilardo, Judge Fahey & Mr. Doyle

· On the following evening, Professor Barrett participated in 15th anniversary events at the Robert H. Jackson Center in Jamestown, New York. Following rededication of the Justice Jackson statue outside the building, presentation of a Jackson bust, and remarks by various speakers including Tanja Beyer of the Consulate General of the Federal Republic of Germany, New York City, Professor Barrett delivered a lecture, “The Nuremberg Trial: Seventy Years & Forward.” For video of the program, click here; Professor Barrett’s lecture begins at the 18:00 mark.

· On November 10th, Professor Barrett gave a lecture, on Justice Jackson and the Nuremberg trials, to United States Holocaust Memorial Museum staff in Washington, D.C.

· On November 21st, Professor Barrett delivered a lecture, “Justice Jackson & the Nuremberg Trial,” at the New Jersey Judicial College, a statewide annual meeting of New Jersey’s jurists, held this year in Newark.

Professor Barrett is biographer of U.S. Supreme Court Justice Robert H. Jackson, U.S. chief prosecutor at and principal architect of the 1945-1946 Nuremberg trial of the principal Nazi war criminals. Professor Barrett also writes The Jackson List, which reaches many thousands of readers—scholars, teachers, lawyers, Judges, students, and lifelong learners—around the world.

December 6, 2016

Wade Invited to Take Part in Workshop Sponsored by Oxford and the University of British Columbia

Professor Cheryl L. Wade was chosen to participate in a workshop to create a multipart educational performance on global financial markets.


Cheryl Wade

The workshop will take place on December 8-9 in London and is sponsored by Oxford University and the University of British Columbia. The performance will take place at the 14th Annual Review of Insolvency Law sponsored by the University of British Columbia’s National Centre for Business Law.

November 30, 2016

Subotnik Comments at and Workshops Paper at Two NYU Events


On Tuesday November 29th, Professor Eva Subotnik joined a roundtable discussion at NYU School of Law of her co-authored project, The Art and Business of Photography in the Digital Age, which was presented by her co-author Professor Jessica Silbey.


Eva Subotnik

In addition, on Friday January 13, 2017, Professor Subotnik will be serving as a commentator at NYU’s Seventh Annual Tri-State Region IP Workshop. Specifically, she will be commenting on a paper on copyright law, fair use, and art written by Professor Amy Adler.

A description of Professor Subotnik’s project on The Art and Business of Photography in the Digital Age is below:

The Art and Business of Photography in the Digital Age

Using both qualitative and quantitative empirical methods, 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, quickly 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 enduring or changing aspects of photography as a professional and artistic endeavor.

This workshop will describe the qualitative methods for collecting data (long-form interviews) as well as for coding and analyzing the interview data. We are only about half-way through the interviews, so our analysis of the data will be preliminary. We plan a large-number survey to test the relevant variations within the interviews and will describe the initial stage of the survey research as well. We will present initial findings of patterns and distinctions within the data concerning business methods for photographers, their assertion of copyright, and changing aesthetic practices. We will also discuss initial difficulties we had designing the qualitative study due to IRB restrictions and inter-institutional collaborations. Our aim is to share our process, our reasons for choosing these research methods, and our early-stage substantive findings on the relationship between creativity, market practices, intellectual property and digital technology in the field of photography.

November 29, 2016

Vice Dean Cunningham Spends Month in Cambodia on Fulbright

Vice Dean Larry Cunningham spent the month of October in Cambodia, as a participant in the Fulbright Specialist Program, which sends U.S. faculty and professionals to serve as expert consultants on curriculum, faculty development, institutional planning, and related subjects at academic institutions abroad.


Larry Cunningham

You can read more about Dean Cunningham’s experiences here.

November 22, 2016

Subotnik Presents Paper at University of Kentucky College of Law

On Friday November 18th, Professor Eva Subotnik presented her paper, “Free as the Heir?: Copyright Successors and Stewardship,” as part of the University of Kentucky College of Law’s faculty workshop series in Lexington, KY. Here is the abstract:


Eva Subotnik

To what extent should copyright law be concerned with facilitating artistic legacy? While the heavy machinery of the copyright regime may have been established to promote the creativity of authors, the reality is that works of authorship will be tended to and exploited by others. In the case of the most valuable works, this may happen during the author’s life. But in all cases, this will happen long after the author’s death but before the works enter the public domain. This article focuses on the role of an author’s post-death successors in shaping the legacy of the author’s body of work. To that end, it considers the different functions these successors play, and the competing expectations about what they should accomplish. By way of comparison it considers similar functions performed by successors to tangible property assets. In the end, it argues that we should re-conceptualize copyright successors as stewards of these peculiar interests.

November 21, 2016

Krishnakumar Presents Paper at Yale Law School Seminar

Professor Anita S. Krishnakumar presented her paper titled, “Veiled Avoidance,” at a seminar on “Theories of Statutory Interpretation” at Yale Law School on Tuesday, November 8.  The seminar is run by Professor William N. Eskridge, Jr. and brings scholars writing in the field of statutory interpretation to campus to discuss their research with students in a colloquium format.  cropped-webpage-i

An abstract of Professor Krishnakumar’s paper is below:


In its nascent years, the Roberts Court quickly developed a reputation—and drew sharp criticism—for using the canon of constitutional avoidance to rewrite statutes in several controversial, high-profile cases. In recent years, however, the Court seems to have taken a new turn—quietly creating exceptions or reading in statutory conditions in order to elide potentially serious constitutional problems without expressly discussing the constitutional issue or invoking the avoidance canon. In fact, the avoidance canon seems largely (and conspicuously) missing from many cases decided during the Court’s most recent terms—doing significant work in only one majority opinion since 2012.

This paper explores the Roberts Court’s recent shift in approach to the avoidance canon. It posits that there are several factors that together have prompted the Roberts Court to continue to rewrite—rather than simply invalidate—statutes whose most natural reading poses serious constitutional problems, but to do so without invoking the avoidance canon. First, the Court may be reluctant to simply invalidate statutes on constitutional grounds because it recognizes that this is an era of extreme political polarization and institutional gridlock. That is, the Court may be going out of its way to uphold statutes that it might otherwise have declared invalid—because it knows that, as a practical matter, Congress is unlikely to muster the political cohesion necessary to fix the constitutional infirmity and reenact the statute. Second, the Court may be reacting to the criticism and negative commentary it has received for its prominent use of the avoidance canon in earlier terms. That is, we may be seeing something of an avoidance retreat period, in which the Court ratchets down its use of the canon following periods of high, controversial use and criticism.  Third, certain internal institutional factors may drive the Court to be cautious in its use of avoidance, except when certain unusual circumstances converge.

November 16, 2016

Levine’s Article Selected for Fred C. Zacharias Memorial Prize

Professor Kate Levine‘s article, Who Shouldn’t Prosecute the Police, 101 Iowa L. Rev. 1447 (2016), has been selected as one of the co-winners of the seventh annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility.  levine

The other co-winner is
Leslie C. Levin, for Lawyers Going Bare and Clients Going Blind, 68 Fla. L. Rev. (forthcoming 2016).

Kate will be presented with the award at the AALS Annual Meeting in San Francisco in January 2017.

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