Archive for April, 2016

April 29, 2016

Facciolo Presents at PLI on Retail Fund Regulation

Professor Jay Facciolo was the lead speaker in the April 28 PLI program entitled “Basics of jayMutual Funds and Other Registered Investment Companies 2016.” The title of his presentation was “The Evolution of an Industry: Approaching 75 Years of Retail Fund Regulation,” which provided an overview of the topics that were covered in more detail during the rest of the program. There were 149 attendees registered for in-person attendance and 236 registered for web attendance, of which 80% had some connection to the asset management business.

April 25, 2016

Salomone Presents at UN Symposium on Language and Sustainable Goals

On April 21st, Professor Rosemary Salomone presented a paper on “Educational Equity,


Rosemary Salomone

Sustainable Development Goals, and the Commodification of English in the Global Economy” at the Symposium on Language and Sustainable Goals sponsored by the Study Group on Language at the United Nations in cooperation with the Centre for Research and the Documentation on World Language Problems. The abstract of the presentation is as follows:

As English increasingly becomes the dominant lingua franca worldwide, it presents opportunities, challenges, and threats to primary and secondary education. Now widely used among non-native speakers who share neither a common language nor culture, English is no longer a language for ethnic or national identification as languages are conventionally considered. It is an economic skill, a marketable commodity, and a form of cultural capital. At the same time, neo-liberal approaches focusing on competition, efficiency, and accountability have likewise promoted the marketability of education itself. This paper examines the confluence of these forces as they relate to the United Nations Sustainable Development Goals on “quality education” (4), “decent work and economic growth” (8), and “reduced inequalities” (10).  It maintains that the interplay between language and education is key to the success of development efforts to eradicate economic and social inequalities especially in emerging economies. To support that proposition, it focuses on select countries in Latin America, Asia, and Africa, all struggling with the implications of the “rise of English” for language policies in schooling. In the end, it concludes that both inequitable access to quality instruction in English and the widespread provision of primary education in a language that children do not understand are together denying equal rights to educational opportunity to millions of children while overlooking the value of indigenous languages as vehicles for building regional and rural economies.

April 25, 2016

Sovern Quoted by Bloomberg BNA and Politico

Professor Jeff Sovern was recently quoted by both Bloomberg BNA and Politico. The Sovern Two[2]Bloomberg story, headlined CFPB Plans May 5 Hearing on Arbitration; Expected to Propose Rule, quoted Sovern’s blog post on the Consumer Law and Policy Blog:

Because the Bureau usually combines field hearings with announcements of related developments, it is likely to announce its proposed arbitration rules that day,” Jeff Sovern, a professor at St. John’s University School of Law, wrote in the Consumer Law & Policy Blog sponsored by the Public Citizen litigation group.

The Politico quote came in Politico’s Morning Money enewsletter, and read:

MORE ON COST-BENEFIT ANALYSIS — St. John’s University School of Law professor Jeff Sovern emails: “Consumer protection agencies already use CBA. The Dodd-Frank Act directs the CFPB to ‘consider’ costs and benefits. The FTC has a Bureau of Economics which effectively institutionalizes CBA. Neither the CFPB nor the FTC can find a practice unfair unless they find that it causes ‘substantial injury . . . which is . . . not outweighed by countervailing benefits.’”

April 22, 2016

Facciolo Gives PLI Presentation on Financial Services Conflicts of Interest

This week, Professor Jay Facciolo gave the opening presentation at a PLI program entitled download“Financial Services Conflicts of Interest & Fiduciary Duties 2016: Navigating the Emerging Regulatory Maze.” He started the program off by giving a presentation on fiduciary duties and financial advice, focusing on the common law roots of fiduciary duty and how they have been translated into the statutory and regulatory regimes that govern investment advisers and stock brokers.

April 18, 2016

Cunningham Lectures and Writes on Speedy Trial Right

Associate Academic Dean and Professor of Legal Writing Larry Cunningham delivered a


Larry Cunningham

CLE lecture, “The Failure of CPL § 30.30,” to the Nassau County Criminal Courts Bar Association on April 7, 2016.  He also had a letter to the editor published in the New York Law Journal on the practice of prosecutors announcing their readiness for trial at Criminal Court arraignments.  He recently testified before the New York City Council Committee on Courts and Legal Services on delays in the New York City Criminal Court.  At St. John’s, Cunningham teaches Appellate Advocacy, Criminal Procedure, and other courses.  

April 11, 2016

Sheff Invited to Research Japanese Trademark System

Jeremy Sheff

Jeremy Sheff

Professor Jeremy Sheff has been named an “Invited Researcher” by the Institute of Intellectual Property in Tokyo, Japan. Under an agreement with the Japan Patent Office, each year IIP invites a small number of foreign researchers to come to Tokyo to study Japan’s industrial property system.  (Past researchers can be found here.)  Professor Sheff will spend several weeks in Tokyo this summer doing empirical research into Japan’s trademark registration system.

April 5, 2016

Barrett’s Chapter in New Book on Supreme Court Justices & Law Clerks

John Barrett

John Barrett

Professor John Q. Barrett’s essay, “No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson’s Law Clerk,” is a chapter in the book Of Courtiers and Kings: More Stories of Supreme Court Law Clerks and their Justices (University of Virginia Press, Todd C. Peppers & Clare Cushman, eds., 2015).

Barrett’s chapter (abstract here) tells how Justice Robert H. Jackson, after hiring top Harvard Law School graduates as his first three law clerks, in 1947 improbably hired James M. Marsh, a night school graduate of Temple Law School who had never attended college or clerked for another judge.

In his Foreword to the book, Justice John Paul Stevens notes his friendship with Jim Marsh—Stevens was a law clerk to Justice Wiley Rutledge while Marsh was clerking for Justice Jackson.

In the Spring 2016 issue of Temple Esq., its law alumni magazine, the lead story reports on Professor Barrett’s chapter on Jim Marsh.  Tony Mauro, writing in the National Law Journal about this new book, also highlighted Barrett’s chapter.

Professor Barrett is biographer of Justice Robert H. Jackson and writer of The Jackson List.

April 4, 2016

Subotnik’s Article To Be Published by Washington Law Review

Professor Eva Subotnik’s article, “Artistic Control After Death,” has been accepted for evapublication by the Washington Law Review. Here is the abstract:

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 a number of succession law trends, the evidence might suggest that strong control is warranted. The decline of the Rule Against Perpetuities and rise of incentive trusts portray a tightening grip of the dead hand. And yet, an unconstrained ability of the dead to determine future uses of works of literature, art, and music is a fundamentally troubling notion. This article evaluates instructions given with respect to authorial works against the backdrop of the laws and policies that govern bequests more generally. In particular, it considers the enforceability of attempted artistic control through the imposition of a fiduciary duty. In balancing the competing interests, this article considers the demands of both state trust laws and federal copyright policy. In the end, the article argues that authorial instructions must yield to the needs of the living. Such a view requires that, to the greatest extent possible, some living person(s) be authorized to decide how works of authorship are used—even if that means overriding artistic control by the dead.

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