Archive for July, 2019

July 26, 2019

Roberts, Evans, Whetstone Present and Moderate at CrimFest

At the recent CrimFest conference, held at Brooklyn Law School, three St. John’s Professors presented and moderated panels:

Professor Anna Roberts presented a new project, “Victims, Right?,” and moderated a panel focused on substantive criminal law.

Professor Sheldon Evans presented a project titled, “Passive Federalism,” which focuses on the interplay between federal collateral consequences and their dependency on state law criminal convictions.  Crim Fest

Professor Kayonia Whetstone moderated a panel  entitled Criminal Law Structure and Institutions.

Here is an abstract of Professor Evans’ “Passive Federalism” paper:

The conflicts, cooperation, and competition between federal, state, and local power in substantive criminal law and punishments remains one of the most important balancing exercises of federalism in the modern American experiment. A unique expression of this diffusion of power is when federal collateral consequences—such as sentencing enhancements, reporting requirements, and even deportation—are based solely on state law criminal convictions. This underexplored interplay between the federal and state criminal justice system illustrates the passive exercise of federal power, which entirely defers the imposition of collateral consequences upon state and local law.

This Article examines this passive form of federalism, which presents practical problems by cutting against goals to promote uniformity and judicial economy. Passive federalism also runs afoul of many political goals of federalist governance to protect against centralized tyranny, increase democratic participation and accountability, and promote experimentation of sub-federal actors. While passive federalism does prove precarious, the malleability of federalism theory can help map a way out. This Article argues that designing active cooperative and competitive agreements that bring federal, state, and local actors together in the decision-making process to charge, convict, and later impose collateral consequences, can succeed where passive federalism has failed by providing an efficient diffusion of power that fairly and consistently regulates and punishes offenders.

July 22, 2019

Barrett Lectures in Nuremberg, Germany

On July 8, 2019, Professor John Q. Barrett taught a class on U.S. Supreme Court justice Robert 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.

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Later that day, Professor Barrett also gave an orientation lecture to students and other visitors in Courtroom 600 in Nuremberg’s Palace of Justice, the historic trial site.

On July 9, Professor Barrett gave a public lecture, “The U.S. Congress & President Trump: Heading for What?,” at the Deutsch-Amerikanisches Institut (DAI) Nürnberg.

July 17, 2019

Wade to Publish Book with Cambridge University Press and Book Chapter with Oxford University Press; Moderates Panel at AALS

Professor Cheryl L. Wade has completed a book titled, “Predatory Lending and the Destruction of the African American Dream,” co-authored with Professor Janis Sarra at the University of British Columbia.  The book will be published by Cambridge University Press this year.

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Professor Wade also will contribute a chapter entitled, “Critical Race Theory and the Corporation,” to a book edited by Professor Devon Carbado at UCLA that will be published by Oxford University Press in 2020.

Last, Professor Wade moderated a panel at the 2019 AALS Annual Meeting on globalization and firm cultures.  She also delivered the lecture at a public meeting and participated in a roundtable discussion organized by the University of British Columbia on Business, Race, and Climate Change.

July 16, 2019

Barrett Lectures, Panel Appearance, & Videos

Professor John Q. Barrett has made several presentations in the past several months:

  • On April 11, he gave a keynote lecture, “Lawyering Nuremberg: Building the Rule of Law Following World War II,” at the International Association of Defense Counsel (IADC) Corporate Counsel College, a meeting of elite corporate defense attorneys and their client-guests, in Chicago. 
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    John Barrett

  • On May 3, Professor Barrett was a principal speaker, along with Justice Robert J. Luck of the Florida Supreme Court, at the 10th annual Nuremberg Lawyers Luncheon, held at Temple Beth El of Boca Raton, Florida.  Professor Barrett, who spoke at the inaugural luncheon in 2010, was given the Jay & Marilyn Weinberg Award for his work.  He then interviewed Benjamin Ferencz, the last surviving Nuremberg prosecutor—at age 26, Ferencz was U.S. Chief Prosecutor of the Nazi Einsatzgruppen leaders, whose men murdered over 1 million civilians during World War II—about his life, Nuremberg, and his work ever since to build a world of peace and human rights through law.
  • On May 8, Professor Barrett participated at the U.S. Department of Justice in Washington in the dedication of the Antitrust Division’s new Robert H. Jackson Room.  He then lectured in the Great Hall on Robert H. Jackson’s year-plus (1937-early 1938) as Assistant Attorney General heading the Division.  The lecture was part of the Division’s third JacksonNash Address program.  Assistant Attorney General Makan Delrahim hosted both the dedication and the Great Hall program.  Deputy Attorney General Rod Rosenstein introduced Professor Barrett’s lecture.
  • On May 14, Professor Barrett delivered a lecture, “The Ongoing Process of Deciding Korematsu,” at a Robert H. Jackson Center symposium in Jamestown, New York, on the Korematsu case.  The symposium also included screening of the award-winning documentary film “Of Civil Wrongs & Rights,” a lecture by Karen Korematsu of the Fred T. Korematsu Institute, and performance of a case reenactment written by Judge Denny Chin (U.S. Court of Appeals for the Second Circuit) and Kathy Chin (Crowell & Moring).  To view Professor Barrett’s lecture, click here.
  • On June 4, Professor Barrett participated in a panel discussion, at Latham & Watkins in New York City, on “The Erosion of the Rule of Law in Nazi Germany & How It Informs Challenges Today.”  Former New York State Chief Judge Jonathan Lippman, Of Counsel at Latham, organized and moderated the discussion.  Other panelists were Carol Kahn Strauss (former Executive Director of the Leo Baeck Institute), Dr. William Meinecke (U.S. Holocaust Memorial Museum), and Professor Maya Steinitz  (University of Iowa College of Law).
  • On June 17, Professor Barrett gave a public lecture, “Auschwitz at the Nuremberg Trials: The Early Evidence, the Start of Holocaust Comprehension,” at the Museum of Jewish Heritage in New York City.  To view Professor Barrett’s lecture, click here.
  • On July 1, 2019, Professor Barrett introduced Chautauqua Institution’s 15th annual Robert H. Jackson Lecture on the Supreme Court of the United States. The lecturer was former Solicitor General of the United States Donald B. Verrilli, Jr., today a partner in Munger, Tolles & Olson LLP.
July 12, 2019

Boyle Presents at International Cultic Studies Association

Professor Robin Boyle presented at the International Cultic Studies Association (ICSA) on July 4, 2019 in Manchester, England. Her topic was ‘Legal Developments in the USA: Combatting the Surreal- Human Trafficking, Child Marriages, and Predatory Alienation.’ The conference was jointly organized by ICSA; Psychology of Coercive Control Masters Program, the Connected Lives Diverse Realities Research Group, and Criminal Justice Hub at the University is Salford, UK; and Info-Cult/ Info-Secte of Montreal, Canada. It attracted over 200 registrants from around the world, including mental health professionals, lawyers, academics, sociologists, and former and current members of cults and high demand groups.

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Professor Boyle’s presentation covered several subtopics. First, she addressed federal laws in the US that can be used to achieve criminal prosecution of cult leaders, focusing on the recent federal case of United States v. Raniere; Keith Raniere led NxIvm, a purported self-help organization. That case concluded after 6 weeks of trial in E.D.N.Y. with a guilty verdict on all seven counts, including human trafficking and racketeering. Professor Boyle pointed out that these convictions were obtained without introducing the legal theories of undue influence and brainwashing, theories that have been challenged in U.S. courts. She mentioned California state law that expanded the factor test of undue influence. She pointed to recent national laws pertaining to coercive control in England and in Ireland.

Second, Professor Boyle  discussed U.S. federal law pertaining to immigration. Specifically, she described the legal challenges asylum seekers face when claiming that the cults from which they escaped on foreign soil meet the federal statutory definition of ‘social group.’

Third, Professor Boyle discussed the problems with child marriages. Advocates for raising the legal age of marriage have been successful in several states, including New York. There are 13 states that currently have no minimum marriage age.

Last, Professor Boyle provided recent information about developments in New Jersey. A few years ago the state authorized a study on the topic of Predatory Alienation, which was accomplished by the Center on Violence Against Women and Children at Rutgers University School of Social Work. As a result of that study, an advocacy group drafted legislation that is pending before the NJ House and Senate; these bills seek to define Predatory Alienation, authorize public awareness campaigns, and create referral services and screening programs.

Professor Boyle has written extensively about legal theories that can be used to combat cults and high demand groups. Her work appears in a book chapter, essays, and articles published in peer-reviewed journals and law reviews.

July 1, 2019

Cunningham Co-Chairs ABA Associate Deans’ Conference

Professor Larry Cunningham served as conference co-chair of the ABA Associate Deans’ Conference in Chicago, June 25-28, 2019.

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The three-day conference brought together associates deans of academics, student affairs, administration, and research to discuss management, legal issues in higher education, mental health, assessment, governance, and other issues in legal education.  Professor Cunningham presented on two plenary panels: communication and assessment.

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