Archive for July, 2018

July 17, 2018

Greenberg Appointed to ADR Advisory Board, Conducts Mediation and Arbitration Trainings

Professor Elayne E. Greenberg has been appointed to serve as a member of Chief Justice DiFiore’s ADR Advisory Board to promote the use of ADR in the New York State court system. imageShe also has been appointed as chair of the Promoting/Educating about ADR Subcommittee and a member of the Development and Selection of Neutrals Subcommittee.

On June 19, 2018, Professor Greenberg  conducted an advanced mediation training, “Expanding a Lawyer’s Philosophic Map to Overcome Impasse(s): The Role of Law in Commercial Mediation” at the Universita Degli Studi Firenze.

And on May 18-19, 2018, the Hugh L. Carey Center co-sponsored the NYSBA Mediation and Arbitration Training Clinic for Advocates and New Lawyers  at the St. John’s Manhattan campus.  At the clinic, Professor Greenberg presented the module “Advocating in the Mediation Process.”

July 16, 2018

Barrett Lectures in Nuremberg, Germany

On July 6, 2018, Professor John Q. Barrett taught a class, on U.S. Supreme Court justice jqb photoRobert H. Jackson and his role as U.S. chief prosecutor of Nazi war criminals following World War II, in Creighton University’s summer law school program, “From Nuremberg to The Hague.

On July 9, Professor Barrett gave a public lecture, “The U.S. Criminal Investigations of President Trump, Russians, & Others: A Status Report,” at the Deutsch-Amerikanisches Institut Nürnberg.

On July 10, Professor Barrett spoke to the Nuremberg Chamber of Commerce and Industry, also about Special Counsel Mueller’s investigation of President Trump and others.

July 12, 2018

Sovern Publishes Articles in Journal of Consumer and Commercial Law, Rutgers

Professor Jeff Sovern’s short article, The Content of Consumer Law Classes III, will appear in the Journal of Consumer and Commercial Law.

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Jeff Sovern

Here is the abstract:

This paper reports on a 2018 survey of law professors teaching consumer protection, and follows up on similar 2010 and 2008 surveys, which appeared in Jeff Sovern, The Content of Consumer Law Classes II, 14 J. Consumer & Commercial L. 16 (No. 1 2010), and Jeff Sovern, The Content of Consumer Law Classes, 12 J. Consumer & Commercial L. 48 (No. 1 2008), respectively. As reported in previous surveys, professors teaching consumer law report considerable variation in coverage. Professors want to cover relatively current subjects within their courses, such as FinTech, credit invisibles, and mortgage servicing. They also continue to cover topics traditionally explored in consumer law courses, such as common law fraud and the Magnuson-Moss Warranty Act. The 2018 survey also found considerable interest in some topics that did not generate any interest in the 2010 survey, including the Consumer Product Safety Commission and student loan servicing.

The survey also asked professors whether they read contracts before agreeing to them and read required disclosures before entering into consumer transactions. Not one professor reported always doing so, while 57% said they rarely or never read contracts and 48% said they rarely or never read required disclosures. It thus appears that not even consumer law professors routinely read consumer contracts and disclosures.

Meanwhile, Rutgers University Law Review published Sovern’s article, Free-Market Failure: The Wells Fargo Arbitration Clause Example, 70 Rutgers. U. L. Rev. 417 (2018). Rutgers will publish another of Sovern’s articles during the next school year.

On June 29, The Conversation ran Sovern’s op-ed, Mick Mulvaney turned the CFPB from a forceful consumer watchdog into a do-nothing government cog. It has been read by over 11,000 readers and was republished online by the San Francisco Chronicle and Houston Chronicle, among others. The essay began:

Until last Thanksgiving, the Consumer Financial Protection Bureau was known for forcefully pursuing its core mission, returning nearly US$12 billion to about 30 million consumers who had been taken advantage of by financial institutions.

But since then, the bureau has been known for … well, not much. After Obama-appointee Richard Cordray stepped down in November, President Donald Trump named as interim director, his budget chief Mick Mulvaney, who has long been a foe of the CFPB.

Finally, one of Sovern’s blog posts was referred to by the Credit Union Times in an article headlined Federal Judge Strikes Down CFPB Structure as follows:

[T]he New York decision could lead to more lawsuits being filed challenging the constitutionality of the agency, according to Jeff Sovern, a law professor at the St. John’s University Law School. He wrote in a consumer law blog sponsored by Public Citizen that the constitutionality of the agency may end up before the U.S. Supreme Court.

July 11, 2018

Boyle Presents at ICSA

On July 6, 2018, Professor Robin Boyle presented at the annual conference for International Cultic Studies Association (“ICSA”), which was held in Philadelphia, PA.  BoyleThe conference drew 200 attendees from various countries, including lawyers, mental health professionals, medical doctors, sociologists, academics, and former (and current) cult members.

Professor Boyle’s presentation focused on criminal and civil legal strategies that can be used to litigate against cults as well as legal theories in the civil context that can be used by former cult members to seek remedies.  Her talk highlighted the recent federal case filed against Nxivm, a purported self-help organization.  In April, Nxivm’s founder, Keith Raniere, and actress Allison Mack were indicted for sex trafficking and forced labor conspiracy.

Professor Boyle is on the editorial board of ICSA’s International Journal of Cultic Studies. She lectures on topics concerning cults and the law.  Her recent article, Employing Trafficking Laws to Capture Elusive Leaders of Destructive Cults, published by the Oregon Review of International Law (2016), was reprinted in the International Journal of Cultic Studies (2018).

July 10, 2018

McGuinness Presents at Georgetown, Hosts New York International Law Review Symposium, Publishes Book Chapter

On April 6, Professor Margaret E. McGuinness spoke at a symposium at Georgetown Law School titled: “Recent Developments in Treaty Law and Practice,” that included council to the Senate Foreign Relations Committee (Margaret Taylor), State Department Treaty Office (Michael Mattler), as well as leading scholars, Harold Koh (Yale), and Jean Galbraith (University of Pennsylvania). mcguinnessShe presented her work on treaties in federalism (published in “Supreme Law of the Land,” (Cambridge 2018)) and commented on state and local responses to the Trump administration’s approach to treaties and other international obligations.

On April 13, Professor McGuinness hosted the 30th Anniversary Symposium of the New York International Law Review, in partnership with the International Section of the New York State Bar.  The symposium brought leading scholars and practitioners to the law school to address the theme “New York and International Law.”  The keynote address was delivered by the Assistant Secretary General for Legal Affairs at the UN, Stephen D. Matthias.  Professor McGuinness has been appointed to serve on the Advisory Editorial Board of the New York International Law Review beginning July 2018.

Later this year, Professor McGuinness’s book chapter, “Non-Recognition and State Immunities: Toward a Functional Theory” will be published in the collected work, “Unrecognized Subjects in International Law,” (Scholar publishers, Warsaw 2018).

July 9, 2018

Barrett Lectures at W.D.Pa. Bicentennial & at ABA Hispanic Commission program

On June 1, Professor John Q. Barrett delivered a keynote lecture, “Courthouse Memories: Treasury Counsel Robert H. Jackson & the Trial of Andrew W. Mellon,” at the Bicentennial of the United States District Court for the Western District of Pennsylvania, in its courthouse in downtown Pittsburgh. In 1935, in that building, Robert Jackson, then General Counsel of the Bureau of Internal Revenue, U.S. Department of Treasury, represented the government before the Department’s Board of Tax Appeals, ultimately successfully, in the government’s tax deficiency action against Mr. Mellon, of Pittsburgh. As Secretary of the Treasury a few years earlier, Mr. Mellon had been instrumental in bringing about the government’s decision to construct the building, and his name is on its 1932 cornerstone.

On June 28, Professor Barrett was a panelist in an American Bar Association Hispanic Commission program on Nuremberg lessons and current issues in immigration, held in New York City.

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L-R: Hon. Ernst Rosenberger (Stroock, Stroock, & Lavan, LLP), Marc Stern (General Counsel, AJC), Richard Foltin (Religious Freedom Center, Freedom Forum Institute, The Newseum), Prof. Ruti Teitel (New York Law School), & Prof. Barrett.

July 6, 2018

DeGirolami Publishes Op-Ed in NY Times

Professor Marc O. DeGirolami co-authored an Op-ed with Kevin Walsh (University of Richmond School of Law) that appeared in the New York Times on Monday July 2.  Marc DeGirolami

The Op-ed, titled “Conservatives, Don’t Put Too Much Hope in the Next Justice,” discusses Justice Kennedy’s retirement from the Court, the relationship between law and culture , and the likely impact of a new appointee.

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