Archive for September, 2015

September 25, 2015

Sovern Quoted in L.A. Times

The Los Angeles Times quoted Professor Jeff Sovern in an article titled “Airlines’ privacy policies doSovern Two[2] little to protect consumers’ personal data.”  According to the Times:

“If a company doesn’t promise to keep your information private, it generally doesn’t have to,” he said.

September 22, 2015

Warner Reappointed Course Leader of Global Insolvency Practice Course

G. Ray Warner

G. Ray Warner

Professor Ray Warner has been reappointed by INSOL to serve a second term as Course Leader of the Global Insolvency Practice Course.  INSOL is the world’s leading international insolvency organization and the course is a year-long program that trains a select group of established insolvency practitioners to handle cross-border insolvency cases.

September 17, 2015

Subotnik Speaks at Savannah Law School’s Colloquium on “The Walking Dead”

Later this week, Professor Eva Subotnik will be presenting her work-in-progress, Artistic Control

Eva Subotnik

Eva Subotnik

After Death, at a colloquium entitled “The Walking Dead.”  The two-day program, hosted by Savannah Law School in Savannah, GA, will bring together legal scholars to discuss an array of topics relating to how death, and the fear of death, affect the law of the living.  Professor Subotnik will be speaking on the “Rights of the Dead” Panel, in which she will discuss the extent to which authors and artists should be able to execute enforceable instructions about the uses of their works following their deaths.  Information about the program is available here. The abstract follows:

To what extent should authors be able to control what happens to their literary, artistic, and musical creations after they die?  Looked at through the lens of general succession law trends, there is some evidence to suggest that strong control is warranted.  The weakening of the Rule Against Perpetuities, the rise of the honorary trust, and the availability of conditional bequests all portray a tightening grip of the dead hand.  And yet, an unconstrained ability of the dead to determine future uses of works of art,music, and literature seems fundamentally troubling.  This article situates the instructions given by authors with respect to literary and artistic works within the types of instructions given by decedents with respect to other bequests.  In particular, it considers whether the use of a fiduciary duty to ensure artistic control is an appropriate and enforceable maneuver.  Weighing in favor ofsuch enforcement, arguably, are the natural and personhood rights of author-testators as well as the possible up-front incentive effects on them.  Weighing against, arguably, are the natural and personhood rights of others as well as the possible long-term effects on cultural development.  In balancing these competing interests, this article considers, among other things, the demands of both federal copyright policy and state trust and right of publicity laws.  In the end, it argues that authorial instructions must yield to the needs of the development of culture.  Such a view requires that some living person(s) be in a position to make decisions about the uses of literary and artistic works.

September 17, 2015

Barrett Lectures at U.S. Department of State

John Barrett

John Barrett

On August 6th, Professor John Q. Barrett delivered the principal lecture at a State Department program honoring Ambassador-at-Large Stephen J. Rapp on the occasion of his retirement after six years heading the Department’s Office of Criminal Justice.  Professor Barrett’s lecture was entitled “Seventy Years Since London: The Summer 1945 Allied Negotiations, the August 8th Agreement Creating the International Military Tribunal at Nuremberg, and the Path of Modern International Law.”

 

 

L-R: Prof. Barrett & Amb. Rapp.

 

 

September 14, 2015

National Conference of Bankruptcy Judges Endowment for Education Awards Sovern Research Grant

Sovern Two[2]

Jeff Sovern

The National Conference of Bankruptcy Judges Endowment for Education has awarded Professor Jeff Sovern, along with St. John’s University Psychology Associate Professor Kate Walton, a grant to study consumer awareness of debt collection validation notices. The federal Fair Debt Collection Practices Act obliges certain debt collectors to notify consumers of their right to seek verification of debts. The grant will enable Professors Sovern and Walton to survey consumers to determine how well consumers understand various versions of the validation notice and how effective the notices are in communicating to consumers their rights. The two professors will collaborate on a law review article reporting the research.

September 8, 2015

Warner’s Article on Corporate Rescue to be Published by ICR

Professor Ray Warner’s article, “Preserving a Single Forum for Corporate Rescue,” has been accepted for publication in

G. Ray Warner

G. Ray Warner

International Corporate Rescue. The ICR journal is published in association with the Centre for Commercial Law of the University College London.

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