Archive for ‘In the Media’

May 16, 2016

Barrett Lectures in Poland, Participates in the March of the Living from Auschwitz to Birkenau

On May 4th, Professor John Q. Barrett delivered a keynote lecture, “The History of the


John Barrett

Nuremberg Trials,” at a March of the Living International, Raoul Wallenberg Centre for Human Rights & Jagiellonian University symposium in Krakow, Poland. The symposium, “The Double Entendre of Nuremberg: The Nuremberg of Hate & the Nuremberg of Justice,” featured leading jurists, government ministers, scholars, lawyers and other experts from around the world. For video, click here; Professor Barrett’s lecture begins around the 38:00 mark. And for an album of symposium photos, click here.

On the following day, Professor Barrett was one of thousands who participated in this year’s March of the Living from Auschwitz to Birkenau, horrific sites of Nazi imprisonment, torture, enslavement and extermination, primarily of Jews, during World War II. (For video of the March, click here.)

Professor Barrett also appears in a film on the Nuremberg trials that was presented at the symposium, and in February he spoke at the March of the Living International leadership meeting in Aventura, Florida.

Professor Barrett is biographer of Justice Robert H. Jackson, U.S. chief prosecutor at and principal architect of the 1945-1946 international Nuremberg trial. He writes The Jackson List, which reaches over 100,000 readers around the world.

May 2, 2016

Greenberg Listed in Women in the Law Best Lawyers Business Edition Magazine for Dispute Resolution

Professor Elayne E. Greenberg was named as one of three NY lawyers in Dispute Resolutionimage in the Best Lawyers Business Edition Magazine devoted to Women in the Law.

April 25, 2016

Sovern Quoted by Bloomberg BNA and Politico

Professor Jeff Sovern was recently quoted by both Bloomberg BNA and Politico. The Sovern Two[2]Bloomberg story, headlined CFPB Plans May 5 Hearing on Arbitration; Expected to Propose Rule, quoted Sovern’s blog post on the Consumer Law and Policy Blog:

Because the Bureau usually combines field hearings with announcements of related developments, it is likely to announce its proposed arbitration rules that day,” Jeff Sovern, a professor at St. John’s University School of Law, wrote in the Consumer Law & Policy Blog sponsored by the Public Citizen litigation group.

The Politico quote came in Politico’s Morning Money enewsletter, and read:

MORE ON COST-BENEFIT ANALYSIS — St. John’s University School of Law professor Jeff Sovern emails: “Consumer protection agencies already use CBA. The Dodd-Frank Act directs the CFPB to ‘consider’ costs and benefits. The FTC has a Bureau of Economics which effectively institutionalizes CBA. Neither the CFPB nor the FTC can find a practice unfair unless they find that it causes ‘substantial injury . . . which is . . . not outweighed by countervailing benefits.’”

April 5, 2016

Barrett’s Chapter in New Book on Supreme Court Justices & Law Clerks

John Barrett

John Barrett

Professor John Q. Barrett’s essay, “No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson’s Law Clerk,” is a chapter in the book Of Courtiers and Kings: More Stories of Supreme Court Law Clerks and their Justices (University of Virginia Press, Todd C. Peppers & Clare Cushman, eds., 2015).

Barrett’s chapter (abstract here) tells how Justice Robert H. Jackson, after hiring top Harvard Law School graduates as his first three law clerks, in 1947 improbably hired James M. Marsh, a night school graduate of Temple Law School who had never attended college or clerked for another judge.

In his Foreword to the book, Justice John Paul Stevens notes his friendship with Jim Marsh—Stevens was a law clerk to Justice Wiley Rutledge while Marsh was clerking for Justice Jackson.

In the Spring 2016 issue of Temple Esq., its law alumni magazine, the lead story reports on Professor Barrett’s chapter on Jim Marsh.  Tony Mauro, writing in the National Law Journal about this new book, also highlighted Barrett’s chapter.

Professor Barrett is biographer of Justice Robert H. Jackson and writer of The Jackson List.

March 28, 2016

Sovern Quoted in Bloomberg News and Law360

Jeff Sovern

Jeff Sovern

Professor Jeff Sovern was quoted by Bloomberg News in an article titled Ted Frank: Lightning Rod for Class Settlement Storms.  According to the article:

Objectors bring advocacy into an inherently non-adversarial setting, Jeff Sovern, a professor at St. John’s University School of Law, in Jamaica, N.Y., told Bloomberg BNA.

“When parties settle, both sides have a stake in making arguments for approval of the settlement, which means that unless a class member or ‘watchdog’ criticizes a class action settlement, the court may not hear the arguments against it, and the adversary system may not function as it is normally does,” Sovern said in an e-mail.

Sovern was also quoted in a Law360 article, CFPB Pushes Bounds On Using Enforcement As Guidance.  That article stated:

There is precedent for agencies using enforcement actions to help define what a statute means.

The FTC, for example, only formalized its guidance for what constituted unfair practices under its UDAP authority in 1980, decades after it was granted the authority to police firms for such actions.

Doing so gave the FTC flexibility to find unfair practices and get a more useful vision of how to prevent them, said Jeff Sovern, a professor at St. John’s University School of Law. And the CFPB is doing something similar, he said.

“When dealing with a relatively new legal standard, like the bureau’s powers to curb abusive acts, it helps to let the law develop for a while before freezing it in a rule like a fly in amber. That way, lawmakers can see how best to interpret the law,” Sovern said.

March 10, 2016

Sovern Op-Ed in USAToday

USAToday ran Professor Jeff Sovern’s op-ed today, The War on Consumer Protection. TheSovern Two[2] piece concludes:

Voters should ask candidates their positions on consumer protection. Presidential candidate Ted Cruz, who has called for elimination of the CFPB, should have to say whether consumers who have obtained redress because of the CFPB ought to return money to their swindlers — and who will stop the swindlers next time. And candidates should make clear whether they believe we should return to the way things were, with the laws that led to the Great Recession, or whether they support enforcement of consumer protection laws.

February 8, 2016

Cunningham Interviewed by Agence France-Presse About Docudramas

Associate Academic Dean Larry Cunningham was interviewed by the Agence France-


Larry Cunningham

Presse, an international news agency, for an article about interest in American crime docudramas, such as “Serial” and “Making of a Murderer.”  In the interview, Dean Cunningham is quoted about exonerations, innocence investigations by journalists, and the O.J. Simpson trial.  The piece has been picked up by publications in AustraliaSingaporeBahrain, and others.

January 12, 2016

Sovern’s Letter Published in New York Times

The New York Times published a letter from Professor Jeff Sovern on December 30 on debt collectionSovern Two[2] and arbitration. Sovern wrote in part:

You show that debt collectors sue consumers in court when it suits them but bar consumers from bringing court actions by invoking obscure arbitration clauses in consumer contracts.

Businesses defend their right to do so because, they claim, arbitration is better than court for resolving disputes. But if arbitration is superior, why do businesses want to sue in court, rather than arbitrate, as your article shows and an empirical study confirms?

The answer is that businesses value arbitration chiefly when it enables them to block class actions so they may take advantage of consumers for small amounts without worrying about consumers suing them.

December 18, 2015

Perino on CBS Discussing Indictment of Martin Shkreli

Professor Michael Perino was on CBS last night discussing the indictment of pharmaceutical CEO mike perinoMartin Shkreli, who was charged (together with his lawyer) with fraud on a massive scale. You can view the clip here.

November 16, 2015

American Banker Runs Sovern Op-Ed

Jeff Sovern

Jeff Sovern

The American Banker has run Professor Jeff Sovern’s op-ed, CFPB Arbitration Plan Provokes Dubious Industry Claims.  Sovern notes:

[C]ompanies can use class action waivers to block consumer protection laws unless consumer protection laws find a way to block class action waivers.

* * *

Last month, the bureau made public a proposal to block class action waivers in arbitration clauses. A leading advocate for arbitration in the financial industry, Alan Kaplinsky, responded with [a] forecast of how the industry would respond: “We firmly believe that, should the CFPB enact its proposal to ban class action waivers, most companies will abandon arbitration with the result that arbitration will no longer be available as a quick, efficient and inexpensive way of resolving disputes.”

But if the industry truly believes that arbitration is so much better than litigation at resolving disputes, shouldn’t it prefer arbitration to litigation for resolving individual disputes, where there is not a threat of a class action? Or should we be shocked, shocked, to discover the industry’s love of arbitration is about barring class actions?

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