Archive for November, 2019

November 13, 2019

Baum Honored with Mayoral Service Recognition Award, Appears on PIX11

On October 22, Professor Jennifer Baum was honored with a Mayoral Service Recognition Award by Safe Passage Project, for her leadership role in representing unaccompanied minors in family court and immigration court.   Over the past five years, Professor Baum has overseen or consulted on the immigration cases of dozens of children in the New York area who were fleeing family and community violence in Central America.
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Jennifer Baum

Since the summer, Professor Baum has also been a consulting member of the children’s trial team on a Hague Convention International Child Abduction case in the Eastern District of New York.  The children and their mother fled a closed religious community in Guatemala to escape physical and psychological abuse, including child marriage.  The father’s legal efforts to return the children to the community were dismissed last week, and the children are now able to remain in New York with their mother. Professor Baum worked with the Children’s Law Center and Wilkie Farr & Gallagher to obtain a dismissal of the case, Teller v. Helbrans.
On November 12, Professor Baum appeared on the PIX11 morning television show to explain the DACA case in the Supreme Court.  Professor Baum reviewed the claims and possible outcomes in the case, and provided background on so-called Dreamers, who were brought to this country as children only to learn as they grew up that they lacked lawful status.  The DACA program provided Dreamers with relief from deportation; three lower courts have found that the Trump administration’s termination of the program was unlawful. The Supreme Court heard oral arguments concerning DACA on November 12.
November 10, 2019

Boyle Presents at Church Forum

Professor Robin Boyle presented at the Garden City Community Church, Sunday Forum, on Sunday, November 3, 2019.

Boyle

Her topic was, “The Aftermath of the ‘Sex Cult’ Trial and Potential Remedies.”  Professor Boyle described the multi-week trial of Keith Raniere, which took place in the federal courts in the Eastern District of New York last spring.  Mr. Raniere ran a purported self-help organization, called Nxivm, which was headquartered outside of Albany, NY, and with multiple centers.  He was convicted on all seven charged counts, including human trafficking and racketeering.  He awaits sentencing.  Professor Boyle’s presentation drew lessons from the testimony of the witnesses, press articles, and a recent lecture at St. John’s law school by the U.S. Attorney Richard Donoghue.  She also presented legal strategies that may be used against other high demand groups.  The Garden City News published an article on November 1 highlighting Professor Boyle‘s talk.  Several members of the St. John’s community attended the presentation.

November 9, 2019

Greenberg Presents at International Online Dispute Resolution Conference

On October 30, Professor Elayne Greenberg co-presented with Noam Ebner “Strengthening ODR Justice” at the International Online Dispute Resolution Conference, sponsored by the National Center for State Courts, in Williamsburg Virginia.

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The presentation explored why lawyers, as justice stakeholders, have been conspicuously eliminated from the design, implementation and delivery of court-connected ODR services, at the expense of compromising the quality of ODR justice outcomes. Professor Greenberg and Ebner then suggested constructive strategies for courts and ODR designers to engage lawyers in the delivery of ODR justice. A special thanks to John Inzetta for helping to design the props used for this presentation.

The presentation was based on Professor Greenberg’s co-authored article with Noam Ebner, “Strengthening ODR Justice.” The article has been accepted for publication in the Spring 2020 edition of Washington University’s Journal of Law & Policy.

Here is the abstract:

This paper adopts a systems-design approach to focus courts and lawyers on the hitherto unexamined question of how involving lawyers in the design, development, and implementation of online dispute resolution (ODR) programs, will strengthen ODR justice outcomes and court-delivered justice overall.

Behind the scenes of every courthouse in the United States today, justice system professionals are grappling with the same set of basic questions: how to get by on fewer resources, how to cope with the access to justice crisis, and how to provide better justice outcomes. To help solve these justice problems, courts have begun to appreciate technology’s potential to streamline processes, increase access, and reduce costs. Indeed, over the course of the past few years, courts across the United States have been designing and piloting online dispute resolution (ODR) systems. We are currently at a tipping point, at which court ODR, at once a new approach to caseflow management and a court-implemented alternative to litigation, is poised to become the default justice process in an increasing number of jurisdictions.

While court administrators, judges, ODR experts and the public have all been involved in the process of conceptualizing, designing, and implementing ODR systems in courts, one key stakeholder in the justice system has been conspicuously absent from the table: the legal profession. In the development of some ODR systems, lawyers have been excluded; in the design of other ODR systems, the lawyers, themselves have chosen to be absent from the design process. The result of this lack of lawyer involvement is that many of these court-annexed ODR systems effectively design lawyers out of the legal process itself. This has deep implications for the very nature of the procedural and substantive justice disputants will experience and receive in the ODR-infused court system. In this paper, we show how constructive engagement by and with the legal profession, with an eye towards justice rather than professional protectionism, can improve justice in Court ODR.

November 9, 2019

Lazaro Presents at the PIABA Annual Conference and is Appointed to the FINRA Investor Issues Committee

At the end of October, during the PIABA Annual Meeting, Professor Christine Lazaro completed her term as president of PIABA.

Christine Lazaro

Professor Lazaro also presented on two panels at the conference.  On the first, “Broker-Dealer Standards of Conduct,” Professor Lazaro discussed the SEC’s recently adopted Regulation Best Interest and its impact on broker standards of conduct. She also wrote an article for the panel entitled, “An Overview of the Regulation Best Interest Rule Package.”  On the second panel, “Business Development Companies and Product Cases,” Professor Lazaro described the regulation of business development companies and common claims that may be made by investors who have been put into these products.  She also submitted an article for this panel, “Business Development Companies – The Basics.”  Finally, Professor Lazaro moderated the panel, “Review of FINRA DR Activities and Developments in 2019,” which included FINRA Executive Vice President and Director of Dispute Resolution Richard Berry.

Professor Lazaro has also been appointed to the FINRA Investor Issues Advisory Committee.

FINRA describes the committee as follows:

The Investor Issues Committee is composed of subject matter experts, including academics, consumer advocates, former securities regulators, institutional investors and individuals affiliated with non-broker-dealer asset management firms. The committee advises FINRA staff on matters that significantly affect individual and institutional investors, including proposed rulemaking, policy initiatives and other issues, and to help inform FINRA’s economic analysis from the perspective of investors. In addition, the committee routinely reviews rule proposals and regulatory initiatives before they are brought before the FINRA Board.

November 8, 2019

Barrett Lectures on the U.S. Supreme Court and Other Topics at Numerous Venues

Professor John Q. Barrett has delivered several lectures and participated in numerous events since last summer, including:

On September 17, 2019, he was the Constitution Day speaker at the Franklin D. Roosevelt Presidential Library & Museum in Hyde Park, NY, discussing presidential power under the United States Constitution and during F.D.R.’s presidency.

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Professor Barrett in conversation with Jeffrey Urbin of the FDR Library

On September 24, Professor Barrett met at St. John’s University’s Manhattan campus with teachers and students from Tønder Handelsskole in Tonder, Denmark, for a discussion of U.S. law and government.

On October 6, he spoke at the Holocaust Memorial & Tolerance Center of Nassau County in Glen Cove, New York, introducing and then speaking after a screening of the film “Prosecuting Evil: The Extraordinary World of Ben Ferencz,” Nuremberg chief prosecutor of the Einsatzgruppen Case.

On October 16, Professor Barrett spoke on “U.S. Supreme Court, October Term 2018:  The Court of ‘We’re Not Politically Pre-Committed!’,” at a Federal Bar Association program at the U.S. Courthouse in Central Islip, NY.  His fellow lecturers were the Hon. A. Kathleen Tomlinson, Hon. Steven I. Locke, and attorneys James M. Wicks, Marjorie Mesidor, and Ana Shields.

On October 29, Professor Barrett spoke on “U.S. Supreme Court, October Term 2018,” in a program on “Recent Significant Decisions and Developments from Our Highest Appellate Courts,” held at the Queens County Bar Association in Queens, NY.  His fellow lecturers were the Hon. Alan D. Scheinkman ‘75, Presiding Justice of the Appellate Division, Second Judicial Department, New York State Supreme Court; Spiros A. Tsimbinos, Esq.; Karl E. Pflanz, Deputy Chief Court Attorney, Second Department; and Paul Shechtman, partner in Bracewell LLP and Lecturer in Law at Columbia Law School.  For a press report, click here.

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L-R:  Spiros Tsimbinos, Prof. Barrett (speaking), & Karl Pflanz

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