Archive for December, 2018

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.

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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.

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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.

 

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