May 29, 2016
Professor Marc O. DeGirolami’s essay, Substantial Burdens Imply Central Beliefs, has been published by the University of Illinois Law Review Online in its symposium on “substantial burdens” and religious free exercise. Here is the abstract.
Any society that is open to religious accommodation will want to know about the quality of the burden its laws impose on religious belief and exercise. This short essay reflects on the nature of that inquiry. It argues that to speak of a substantial burden on religion is by implication to understand religion as constituted by a system, within which certain beliefs and exercises occupy different positions of relative importance or centrality.
May 24, 2016
Professor Jeff Sovern spoke at the University of Houston’s Teaching Consumer Law Conference (held in Santa Fe) on May 20. His topic was “Are FDCPA Validation Notices Valid?” and he spoke about the study he and Psychology Associate Professor Kate Walton are conducting, funded by the National Conference of Bankruptcy Judges Endowment for Education.
In addition, Professor Sovern was quoted by Law360 on May 5 in an article titled “Battle Over CFPB’s Data Looms In Arbitration War.” According to the article:
“The bureau has been meticulous about relying on its research findings, and I respect the fact that they felt they needed to know more before going further,” said Jeff Sovern, a professor at the St. John’s University School of Law and a critic of the arbitration clauses. “It will be interesting to see what the data they will collect shows.”
He was also quoted in an April 28 story on Bankrate.com headlined “Chase Now Offering Its Customers Deals on Jaguars.”
May 18, 2016
On May 17th, Professor Christine Lazaro participated on a panel hosted by CJM Wealth Management and the Association of Certified Chief Financial Officers. The panel discussed the Department of Labor’s recently adopted rule which imposes a fiduciary duty on those who provide certain types of investment advice to retirement investors. In addition to Professor Lazaro, the panel included Ary Rosenbaum, an ERISA attorney, Suzanne Breit, a CPA, and Ronald K. Stair, an actuary. The audience included Chief Financial Officers and retirement plan administrators.
May 16, 2016
On Friday, May 13, Professor Jeremy Sheff spoke at the Fordham Center for Law and Information Policy’s Tenth Annual Law & Information Society Symposium. Professor Sheff served as a panelist on the topic of “Intellectual Property and Public Values,” reflecting on the past decade’s developments in intellectual property law and policy and predicting future developments in the field.
April 25, 2016
On April 21st, Professor Rosemary Salomone presented a paper on “Educational Equity,
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.
March 7, 2016
On February 26, Professor Jeremy Sheff was a panelist at the Cardozo Arts and Entertainment Law Journal Symposium: “New Impressions on Advertising Law”. Professor Sheff participated in a panel on Native Advertising, where his comments addressed the empirical and normative foundations of FTC policy requiring disclosures of sponsored content in digital media.
March 4, 2016
On February 20, Professor Jeremy Sheff presented an excerpt of his forthcoming book project, “Valuing Progress,” at the 2016 Works in Progress in Intellectual Property (WIPIP) Colloquium at the University of Washington School of Law. The presentation, entitled “Progress for Future Persons,” considered the problem of setting innovation and creativity policy in a way that takes into account the interests of people who have not yet come into existence—and whose very existence may in fact be influenced by the policies we adopt today. Professor Sheff blogged about this presentation, and slides of the presentation are also available.
February 18, 2016
Professor Anita Krishnakumar presented two papers,”Reconsidering Substantive Canons” and “Textualism and Statutory Stare Decisis” at a Yale Law School “Statutory Interpretation Theory” seminar run by William N. Eskridge on February 9, 2016
February 3, 2016
Professor Lawrence Joseph presented a paper,”The Aesthetics of Narrative and Metaphor: Creating a Lawyer Self in Poetry and Prose” at the Stanford Law School’s Symposium “Narrative and Metaphor in the Law” on January 30, 2016. The Symposium, in the words of its sponsors, “brings together scholars in law and related disciplines who have made the most outstanding contributions to the study of narrative or metaphor and the law.” Professor Joseph’s paper will be included as a chapter in a book of the Symposium’s presentations to be published by Cambridge University Press.
January 13, 2016
This Friday, January 15th, Professor Eva Subotnik will be presenting her paper, Artistic Control After
Death, at the Sixth Annual Tri-State Region IP Workshop at NYU School of Law. Professor Brett Frischmann, of Cardozo School of Law, will serve as the paper’s commentator. An abstract follows:
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 weakening of the Rule Against Perpetuities, the rise of the honorary trust, and the availability of incentive trusts and conditional bequests all 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 seems fundamentally troubling. This article situates the instructions given with respect to authorial works within the constellation of instructions given with respect to—and the policies that govern—other types of bequests. In particular, it considers the enforceability of attempted artistic control through the use of a fiduciary duty. In balancing the competing interests, this article considers the demands of both federal copyright policy and state trust and right of publicity laws. In the end, the article argues that authorial instructions must yield to the needs of the living. In particular, such a view requires that some living person(s) be in a position to make decisions about uses of a work of authorship.