December 6, 2018

Sovern and Calabrese Publish Op-ed on Bloomberg Law

Professor Jeff Sovern and Professor Gina Calabrese published an op-ed on BloombergLaw, “Why the ABA is Wrong on Amending Debt Collection Bill.”

 

calabresejeff sovern

Sovern and Calabrese disagree with the American Bar Association’s support of H.R. 5082, which would exempt attorneys’ litigation activities from the federal Fair Debt Collection Practices Act.  They argue that the ABA’s premise – that state ethics rules and state court oversight already curb collection attorney misconduct – is wrong because it is contradicted by the experience of regulators and by Calabrese’s experience representing consumers in the Consumer Justice for Elderly: Litigation Clinic.

December 6, 2018

Boyle Presents at University of Oregon

Professor Robin Boyle presented at the One Day Legal Writing Workshop held at University of Oregon School of Law on November 30, 2018.

Boyle

The topic of the Workshop was teaching our students to become scholars. Professor Boyle’s presentation focused on the Scholarly Research and Writing course that she taught this Fall and, specifically, the use of students’ peer critique and oral presentations.

In 2009, Professor Boyle co-founded the One Day Workshops. St. John’s Law School was one of two schools holding it that year. Since then, the workshops have been held annually in December at law schools around the country.

On December 1, 2018, Professor Boyle presented work-in-progress at the Scholars Forum also held at University of Oregon and sponsored by the Association of Legal Writing Directors. The work that she presented stemmed from her presentation last July at the International Cultic Studies Association Annual Meeting held in Philadelphia, PA. She is developing an essay on the federal criminal prosecution against Nxivm, which is employing the human trafficking statutes and other laws to prosecute the so-called self-help organization. Previously, Professor Boyle published an article encouraging authorities to use the human trafficking statutes to prosecute cult leaders.

December 5, 2018

Greenberg’s Article to be Published in the Arizona State Law Journal

Professor Elayne Greenberg‘s article, Hey, Big Spender: Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders, has been accepted for publication in the Arizona State Law Journal.

image

Here is the abstract:

This first of its kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Third party funding has become an economic necessity to fund the escalating costs of litigation and dispute resolution. Sophisticated third-party funders have realized that litigation and dispute resolution are fast-growing, unregulated, investment opportunities and are seizing these opportunities. Third-party funders are now making billions of dollars in profits through their strategic investments in domestic and global litigation and dispute resolution with few ethical rules or regulations to curtail their investment behavior. Preferring to be secretive about the terms of their funding contracts and invisible in their work, third-party funders are flourishing, in large part, by operating below the regulatory radar. Our global brethren have adopted legislative and regulatory initiatives that require greater transparency when funders are providing financial backing for parties in international arbitration and mediation.

In the U.S., however, the funders’ behavior has been allowed to proceed invisible and unchecked because domestic courts and dispute resolution providers and neutrals are too often unaware that a party is even receiving third-party funding. Such unawareness presents a potential ethical minefield, not just for judges and litigators, but also for dispute resolution providers and neutrals. Moreover, such unawareness deprives dispute resolution participants of the third party funder’s sophisticated case assessment, that could be used to help shape settlement. This paper ignites the need for awareness, expands the evolving discussion about the ethics of third-party funding to U.S. dispute resolution and refocuses on providing comprehensive ethical guidance and practice strategies for dispute resolution providers and neutrals when litigation funders back parties in arbitration and mediation.

December 4, 2018

Salomone Speaks at Princeton Seminar on Global Migration

On November 29th Professor Rosemary Salomone spoke at Princeton University at a special session on Migration, Language, and Justice as part of the Mellon Sawyer Seminar on Global Migration: The Humanities and Social Sciences in Dialogue.

salomone[1]

Rosemary Salomone

Her talk, “Language Rights and Migrant Education in a World Dominated by English,” focused on South Africa, India, and the Netherlands as three distinct migration settings where English increasingly influences education laws and policies that, together with the resulting legal conflicts, ignore the right of migrant students to a “meaningful” education.

December 4, 2018

DiLorenzo Publishes Essay on Duke Global Financial Markets Center’s Blog

Professor Vincent Di Lorenzo was invited to discuss his research DSC_9579 (2)on fintech lending by the Duke Law School Global Financial Markets Center.  His essay, “Fintech Lending Risks and Benefits”, appeared in the Center’s FinReg Blog on November 14, 2018. The essay discusses the public policy implications of risks and benefits of fintech lending documented by researchers, including Treasury Department proposals regarding financial inclusion and preemption of state law. It is available here.

 

November 30, 2018

Subotnik Presents at Communications Law in the Digital Age 2018 Program

Earlier this month, Professor Eva Subotnik served on a panel during PLI’s two-day Communications Law in the Digital Age 2018 Program.

subotnik[1]

Eva Subotnik

Subotnik’s panel, Intellectual Property Law Updates for Media Lawyers, discussed important IP decisions from the past year. The panel also featured a number of highly experienced practitioners, including Bruce P. Keller, Jeffrey P. Cunard, Devereux Chatillon, Joseph C. Gratz, and Jennifer L. Pariser.

Information about the program can be found here.

November 27, 2018

Cunningham Publishes article in New York Law Journal

Dean Larry Cunningham published an article titled “In Defense of Appeal Waivers,” in the New York Law Journal, arguing that waivers of the right to appeal serve an important function in the criminal justice system and are not inherently involuntary.

Vice_Dean_Cunningham

 

Dean Cunningham writes in several areas, including appellate practice and procedure.  His article on unpreserved errors , titled “Appellate Review of Unpreserved Questions in the Criminal Cases: An Attempt to Define the ‘Interest of Justice,'” has been cited by the highest courts of several states.

November 15, 2018

Movsesian Presents at the Notre Dame Center for Ethics and Culture’s Annual Conference

On November 2, Professor Mark Movsesian presented a paper on religious polarization at the annual conference of the Notre Dame Center for Ethics and Culture.

Movsesian_lores_web

Mark Movsesian

His paper, “Church and State in a Time of Polarization,” looks at how the growing divide between the Nones and the Traditionally Religious influences the law of religious accommodations. A larger version of the paper will appear in the current volume of the Harvard Journal of Law and Public Policy this spring. For a video of Professor Movsesian’s Notre Dame presentation, please click here.

November 2, 2018

Greenberg Presents at AALS and Nassau County Bar Association

On October 5, Professor Elayne Greenberg presented her co-authored paper “What Dinosaurs Teach Lawyers about How to Avoid Extinction in the ODR Evolution” at the AALS Dispute Resolution Works-in-Progress Conference hosted by the University of Maryland Francis King Carey School of Law.

image

On October 18, Professor Greenberg spoke at the Nassau County Bar Association ADR’s Dean Hour about her Ethical Compass column “Walk Like a Lawyer, Talk Like A Lawyer: Non-Lawyer Advocates Representing Parties in Dispute Resolution.”

October 30, 2018

Klonick Is Featured and Quoted in The New Yorker, Radiolab, NPR, The New York Times, The Wall Street Journal, BuzzFeed, and Tech Dirt

Professor Kate Klonick has made numerous media appearances over the past three months, serving as a featured expert on online content moderation.

On August 14, she was a featured guest in a segment titled, Big Tech is a nation-state with a constitutional crisis, on Marketplace with Kai Ryssdal.
klonick
On August 17, she was a featured expert in a podcast titled, Post No Evil, on RadioLab.
On August 20, she was quoted in an article titled, Alex Jones, The First Amendment, and the Digital Public Square, in The New Yorker.  The article linked to Professor Klonick’s Harvard Law Review article,  The New Governors:  The People, Rules, and Processes Governing Online Speech. 
On August 24, Professor Klonick was a featured guest in a segment titled, Alex Jones and Infowars, on NPR’s On Point.
On September 6, she was quoted in an article  titled, What Jack Dorsey and Sheryl Sandberg Taught Congress and Vice Versa, in the New York Times.
On September 18, she was a featured guest in a podcast titled, No Easy Answers for Content Moderation, on Tech Dirt.
On September 21, she was quoted in a post titled, Meet the Free Speech Lawyer Fighting to Keep Nazis and Trolls on Twitter, on Buzzfeed.
On October 6, she was quoted in an article titled, How a German Social Media Company Has Tamed the Trolls, in the Wall Street Journal.
%d bloggers like this: