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January 8, 2016

Boyle Involved in Several Panels and Activities at AALS

Professor Robin Boyle has had a busy week at this year’s AALS meeting. A recapitulation of herBoyle activities:

  • She served on the Planning Committee for the Joint Scholars & Scholarship Workshop on Feminist Jurisprudence, which was held on Jan. 6th at Fordham Law School. 
  • She was the moderator for one of the break-out sessions at the Feminist Jurisprudence workshop.
  • She served as the Chair of the Program Committee for the Section of AALS Legal Writing, Reasoning and Research. In this capacity, she planned several panel discussions on the topics of providing meaningful feedback on students’ seminar papers, pedagogy, and reimagining the curriculum to address student needs and bench and bar demands.
  • She was the moderator for a panel on ‘Pedagogy for New Law School Teachers: What Every Law Professor Should Know About How Students Learn.’
  • She will be presenting a summary of the Program Committee’s orchestration of three panels at the Business Meeting on Saturday morning for the Section of LWRR.
  • She has been nominated by the outgoing Executive Committee to serve on the incoming 2016 Executive Committee for the Section of LWRR.

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January 7, 2016

Wade Presents at AALS Panel on Diversity in the Financial Services Industry

Professor Cheryl L. Wade will present on a panel at the 2016 AALS

Cheryl Wade

Cheryl Wade

Annual Meeting. The session, co-sponsored by the Sections on Employment Discrimination, Minorities in Legal Education, and Women in Legal Education, will take place on Friday, January 8, from 10:15-12:15 in the Bowery room at the Sheraton Hotel.

The panel is described below.

Five years ago Congress acknowledged a persistent lack of diversity in the financial services industry and adopted Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Section 342 of the Dodd-Frank Act directs nine federal financial regulatory agencies to create an office of inclusion to ensure the fair inclusion and utilization of minorities in their workforces. Section 342 also directs each agency to assess the diversity policies and practices of the private sector entities contracting with the agency or regulated by the agency. Six of the agencies proposed joint standards to provide guidance on the scope of the required assessment. The Proposed Standards, however, remain proposed and have been the subject of significant commentary from various segments of the financial community. This program will explore whether Section 342 and the Proposed Standards have led to true progress towards advancing diversity in the financial services industry since Dodd-Frank. The program will explore a broad array of topics regarding diversity and inclusion in the financial services industry and leadership in public service and corporate boardrooms.

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January 6, 2016

Subotnik Speaks on Scope of IP Rights at AALS Annual Meeting

On Saturday January 9th, Professor Eva Subotnik will be speaking on a

subotnik[1]

Eva Subotnik

panel at the Annual AALS Meeting that will address the scope of intellectual property rights. A description of the topic and speakers follows:

Interpreting the Scope of Rights in IP  (1:30 pm – 3:15 pm [6390])

A recurring question in intellectual property law concerns the delineation of the scope of the protection it confers. Enforcing rights in intangible things often requires some form of interpretation (linguistic or otherwise) to determine the very boundaries of the thing protected. In order to understand what a copyright’s protection includes, for instance, it is necessary to engage in idea/expression analysis, or otherwise separate the utilitarian (non-protectible) aspects from the expressive (protectable) ones. A patent’s enforcement typically hinges on claim construction (or interpretation), and a trademark’s enforceability similarly depends on interpretive issues regarding the trademark’s meaning to consumers and its functionality. All three areas thus embed epistemological and evidentiary questions in their assessment of scope yet they are not always recognized as questions concerning interpretive choices and methods. Recent case law has seen renewed attention to interpretive questions, including how patents should be construed (and whether these issues are questions of fact or law); by whom; and at what point in litigation. Recent scholarly debates concern whether IP statutes should be interpreted like other subject matter statutes. This Panel will examine the question of scope in intellectual property law as a function of interpretive questions that require greater theorization as such.

Speakers: 

Amy M. Adler, New York University School of Law

Kevin Emerson Collins, Washington University in St. Louis School of Law

Mark A. Lemley, Stanford Law School

Margaret-Jane Radin, The University of Michigan Law School

Eva E. Subotnik, St. John’s University School of Law

Moderator: Zahr Said, University of Washington School of Law

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January 6, 2016

DeGirolami introduces AALS Law and Religion Section Panel on “Religious Responses to Same-Sex Marriage”

Professor Marc DeGirolami, the outgoing chair of the AALS section on LawMarc DeGirolami and Religion, will introduce this year’s panel, “Religious Responses to Same-Sex Marriage,” to be held this Thursday, January 7, from 10:15 AM to noon (Nassau West, Second Floor, NY Hilton). The panel will be moderated by Michael Helfand (Pepperdine) and will include the following panelists: Erik Eckholm (New York Times), Katherine Franke (Columbia Law School), Rusty Reno (First Things), Kevin Walsh (University of Richmond Law School), and Robin Wilson (University of Illinois College of Law). The panel description is below.

Over the past 15 years, the United States has seen a rapid change in attitudes toward same-sex marriage. That change has raised significant questions and challenges for various religious communities in the United States. Religious communities have responded in different ways—from endorsement to ambivalence to rejection. This year’s panel will explore these various reactions, including theological changes within religious communities, legal challenges advanced by religious communities, and legislative initiatives pursued by religious communities, as well as a host of other social, political, and legal responses to same-sex marriage in the United States. It will discuss how religious communities might, or might not, adapt to continuing social changes in the United States and how the United States will maintain its constitutional and cultural commitment to the religious freedom of these different communities.

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November 10, 2015

Greenberg Presentation at TMA NextGen Leadership Conference

Elayne Greenberg

Elayne Greenberg

On November 9, 2015, Professor Elayne E. Greenberg presented “Everything You Wanted to Know About Bankruptcy Mediation” to bankruptcy practitioners at the TMA NextGen Leadership Conference. The conference was held at the offices of Weil, Gotshal & Manges.

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October 27, 2015

Lazaro Participates in Panels at Public Investors Arbitration Bar Association’s Annual Meeting and Securities Law Seminar

This past week, Professor Christine Lazaro attended the Public Investors Arbitration Bar Association’s Christine Lazaro(PIABA) Annual Meeting and Securities Law Seminar.  Professor Lazaro participated as a panelist on two panels, “Overcoming Comparative Fault, Ratification and Other Common Brokerage Defenses” and “Supervisory and Compliance Structures of Brokerage Firms,” and moderated a third panel, “Case Law Round-up/Hot Topics.”  Additionally, Professor Lazaro submitted an article for the written materials for the program, “Supervision and Compliance of Brokerage Firms.”  During the meeting, Professor Lazaro was elected to PIABA’s Board of Directors and was appointed co-chair of its Fiduciary Duty Committee. 

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October 21, 2015

Ward Presents at International Sports Law Conference in Hamburg

Professor Ettie Ward (together with Professor Mireia Lizandra, an adjunct professor teaching in the St. John’s Law School

Ettie Ward

Ettie Ward

LL.M. Program) presented at the biennial ISLA (International Sports Law) Conference in Hamburg, Germany The conference concerned the subject of “sports and money.” Here is more information about the conference.

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October 15, 2015

Lazaro Speaks at TD Ameritrade’s 2015 Advocacy Leadership Summit

On October 6, 2015, Professor Christine Lazaro spoke at TD Ameritrade’s 2015 Advocacy Leadership Summit.  Earlier in the Christine Lazaroyear, Professor Lazaro co-authored a report for PIABA which compared the image brokerage firms project to the public in their advertising and on their websites with the position firms take in arbitration when it is alleged that they have breached their fiduciary duties to customers.  Professor Lazaro was asked to present PIABA’s findings and discuss the implications for investors and the financial services industry, as well as the recent Department of Labor proposal to change the standards for brokers and investment advisers providing retirement advice to investors. Here is the press release for the Summit.

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October 13, 2015

Salomone Gives Talk on Multilingual Graduate Education in Angers, France

On October 9th, Professor Rosemary Salomone gave a presentation on “Rights and Responsibilities in the Debate over

Rosemary Salomone

Rosemary Salomone

English as ‘Lingua Academia'” at a conference on Le Plurilinguisme, le Plurculturalisme et l’Anglais dans la Mondialisation at the Universite Catholique de l’Ouest in Angers, France. Her presentation focused on litigation now pending before the Constitutional Court in Italy challenging a plan adopted by Milan’s prestigious Polytechnic University to offer all graduate courses in English. The case raises questions of professors’ right to teach, students’ right to learn, academic governance, and the primacy of the Italian language as a matter of constitutional law.

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October 7, 2015

Subotnik to Present Article at Texas A&M IP Scholars Roundtable

Professor Eva Subotnik will be presenting her work-in-progress, Artistic Control After Death, at the inaugural Texas A&M IP

Eva Subotnik

Eva Subotnik

Scholars Roundtable in Fort Worth this Friday and Saturday, October 9-10.  The Roundtable brings together intellectual property and technology law scholars, providing them with an annual forum for sharing research and peer networking. In addition to the usual work-in-progress presentations, this interdisciplinary Roundtable will feature substantial commentary offered by veteran commentators and extended Q&A sessions.  Information about the Roundtable is available here:

The abstract to Professor Subotnik’s article 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 general succession law trends, there is some evidence to suggest that strong control is warranted.  The weakening of the Rule Against Perpetuities, the rise of the honorary trust, and the availability of 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 art,music, and literature seems fundamentally troubling.  This article situates the instructions given by authors with respect to literary and artistic works within the types of instructions given by decedents with respect to other bequests.  In particular, it considers whether the use of a fiduciary duty to ensure artistic control is an appropriate and enforceable maneuver.  Weighing in favor ofsuch enforcement, arguably, are the natural and personhood rights of author-testators as well as the possible up-front incentive effects on them.  Weighing against, arguably, are the natural and personhood rights of others as well as the possible long-term effects on cultural development.  In balancing these competing interests, this article considers, among other things, the demands of both federal copyright policy and state trust and right of publicity laws.  In the end, it argues that authorial instructions must yield to the needs of the development of culture.  Such a view requires that some living person(s) be in a position to make decisions about the uses of literary and artistic works.

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