The final version of Professor Jeremy Sheff‘s Washington Law Review symposium essay, “Disclosure as Distribution,” is now on SSRN. For additional information about this essay, see this earlier post.
Jeremy Sheff
July 31, 2013
Turano Drafts New Practice Commentaries
Professor Margaret Turano recently completed a new volume of Practice Commentaries for McKinney’s Laws of New York on the Surrogate’s Court Procedure Act §§ 2201 through the end of Article 22. The volume will appear this fall, Professor Turano’s oft-cited Practice Commentaries guide judges and lawyers, and legislators also read them as they contemplate changes in the law.
July 29, 2013
Baum Wins Hague Convention Child Repatriation Case in the Southern District of New York
Professor Jennifer Baum, Assistant Professor of Clinical Legal Education and Director of the Child Advocacy Clinic, together with co-counsel Greg Jacob, Karen Koniuszy, and Courtney Wen, of O’Melveny & Myers, all working pro bono, defeated a Hague Convention petition for repatriation of a fifteen year-old girl from Hungary. The Honorable Paul A. Engelmayer (S.D.N.Y.) ruled Friday, July 26, 2013, that the child, D.T.J., had succeeded in proving all three affirmative defenses: (1) that she is now settled in the United States, (2) that she is sufficiently mature to object to repatriation, and (3) that repatriation would place her in grave risk of harm. The grave risk defense rested chiefly on a history of domestic violence, together with eighteen months’ worth of recent abusive and anti-Semitic Facebook posts which taunted the girl and threatened her mother’s life, prompting the Court to observe that the child is now “fragile,” and that “compel[ing] return to Hungary, and to proximity with her abusive and volatile father, would be deeply traumatic” for her. The decision is available here: Jakubik Decision 072613 (2). Learn more about the development of this case and the compelling work of the Child Advocacy Clinic here and here. Congratulations Jen and team!
July 29, 2013
Krishnakumar a Contributor at Election Law Blog
Professor Anita Krishnakumar will join a group of contributors with expertise in election law, legislation and statutory interpretation, and political science on the Election Law Blog started ten years ago by Professor Rick Hasen at UC Irvine. Professor Krishnakumar’s scholarship focuses on statutory interpretation and the legislative process; several of her early articles examine the congressional budget process and lobbying regulations, while her most recent work explores interpretive trends in the Supreme Court’s jurisprudence.
July 24, 2013
DeGirolami Writes on Standing Before the Supreme Court and Same Sex Marriage
Professor Marc DeGirolami has a new piece in Commonweal, an independent journal of religion, politics and culture. In his essay, “Why Standing Matters: Same-Sex Marriage and the Role of the Courts” Professor DeGirolami considers standing in the context of two recent, historic Supreme Court cases–United States v. Windsor and Hollingsworth v. Perry. He argues,
[a]t its core, justiciability concerns the nature and duty of the judicial office. It poses a vital question of justice that precedes any substantive issue of civil rights. It asks, What are judges for? One of the most frequently intoned lines from any Supreme Court decision is that “it is emphatically the province and duty of the Judicial Department to say what the law is.” But this line is misleading if read in a vacuum. It is emphatically not the province of judges to opine about the law in the abstract. It is not their province to state their views about the law whenever somebody gets it into his head to ask. That is not what judges are for. Judges—in our constitutional system and in many others—decide specific cases where the parties have a concrete stake in the outcome.
You can see the full essay here.
July 23, 2013
Gregory Article on NLRB Labor Law Jurisprudence
Professor David L. Gregory has written Reflections on the NLRB’s Labor Law Jurisprudence after Wilma Liebman, 44 Loyola Chicago L.J. 923-938 (2013) (with I. Hayes and A. Jaret).
July 23, 2013
Sovern’s Consumer Law Casebook (4th Ed) Now Available
Professor Jeff Sovern’s casebook, Consumer Law, Cases and Materials, Fourth Edition, has just been published by the leading casebook publisher, West Publishing. Professor Sovern’s co-authors are Andy Spanogle, Ralph Rohner, Dee Pridgen, and Christopher Peterson. The casebook covers deceptive advertising, Truth in Lending, bait and switch, credit reporting and discrimination, credit card laws, lemon laws and other warranty rules, debt collection, the causes of the financial crisis, internet marketing and social networks, predatory lending, and a variety of other subjects. The third edition was widely used at American law schools.
July 22, 2013
Barrett Lectures Overseas
Professor John Q. Barrett, biographer of U.S. Supreme Court Justice and Nuremberg chief prosecutor Robert H. Jackson, was in Nuremberg, Germany, last week for meetings, research and lectures. He was a guest lecturer in Creighton University School of Law’s “From Nuremberg to the Hague (N2H)” summer school program and delivered a well-attended public lecture, “President Obama & the U.S. Supreme Court: A Status Report,” at the Deutsch-Amerikanisches Institut (DAI) – Amerika Haus.
John Q. Barrett
July 22, 2013
Salomone Essay “The Rise of English in Academe – A Cautionary Tale” in University World News (London)
Rosemary Salomone, Kenneth Wang Professor of Law, published an article, “The Rise of English in Academe – A Cautionary Tale”, in University World News (London). In this piece, she uses a recent regional court decision from Italy to explore the legal issues and policy challenges facing Italian and French universities in particular as they increasingly move toward using English as the language of instruction. Professor Salomone explains,
Driving the debate over English are three related forces: the articulated need among European universities to remain competitive in recruiting students; the expressed concern among faculty members to remain relevant in the growing stream of scholarship conducted in English; and the increasing interest among students in expanding their options in a flagging job market where English proficiency carries considerable weight.
The full article may be found here.
Rosemary Salomone
July 19, 2013
Baum Wins Motion to Intervene on Behalf of Client in Hague Repatriation Case
Professor Jennifer Baum, Director of the Law School’s Child Advocacy Clinic, won a petition to permit a 15-year-old client to intervene in a repatriation proceeding commenced by her father under the Hague Convention on the Civil Aspects of International Child Abduction. In the opinion (070913 Intervention Opinion and ORDER) granting the petition that Professor Baum filed on her client’s behalf, Judge Paul A. Engelmayer, SDNY, noted that Professor Baum brings a “welcome vigor” to the case by retaining experts and asserting defenses apart from those of the client’s mother. For more information on the work of the Child Advocacy Clinic click here.
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