Archive for ‘Uncategorized’

August 19, 2016

New York Times DealBook Runs Sovern Op-Ed

Professor Sovern has an op-ed in The New York Times DealBook, titled The Risks of Unfettered Capitalism. The first and last paragraphs read:

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Jeff Sovern

Capitalism may be the best economic system ever devised, but one of its drawbacks is that it provides financial incentives to harm and even kill people. Just ask those people who say they have been victimized bycigarettes, predatory lenders, Volkswagen diesel emissions, Takata airbags,General Motors ignition switches, Trump University, Vioxx, asbestos or other products.

* * *

Many voters will base their decision in this year’s election on the character of the candidates, or other issues, like immigration or foreign policy. But how we protect people though regulation is also very much on the ballot. When you hear complaints about too much regulation, don’t forget to ask what harm that regulation may prevent. Capitalism lifts standards of living — but regulated capitalism keeps us well enough to enjoy a higher standard of living.

August 19, 2016

Boyle Publishes Article in Oregon Review of International Law

Professor Robin Boyle’s article titled, Employing Trafficking Laws to Capture Elusive Leaders of BoyleDestructive Cults, has been published in the Oregon Review of International Law.  The article describes common characteristics of destructive cults as well as  international and American efforts to prevent and combat human trafficking, and posits that human trafficking laws and resources may be employed to prosecute cult leaders.

August 9, 2016

Subotnik to Present Paper at Stanford IP Scholars Conference

Later this week, Professor Eva Subotnik will be presenting a new paper at the IP Scholars Conference (IPSC) held at Stanford Law School.

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Eva Subotnik

Her paper, Free as the Heir? Copyright Successors as Stewards, offers a framework for the role played by copyright successors.  Here is the abstract:

The death of the author figure has been proclaimed in some circles. Regardless of one’s ideological stance in that debate, it is beyond cavil that authors really do die. Under the current copyright term, it is likewise indisputable that copyright interests still owned by the author at death will pass to someone else. The gray areas emerge around the question of whether successors to these interests are under a duty to exploit them in ways that further the public interest. This article focuses on the role of an author’s post-death successors in shaping the legacy and availability of a body of authorial work. Comparing and contrasting the roles served by successors to other sorts of assets, this article considers the different functions copyright successors play, and it evaluates competing views about what they should accomplish. Ultimately, it offers a conception of copyright successors as stewards of the interests they inherit. The article’s goals are to provide a descriptive and theoretical account and to offer some suggestions for reform.

August 4, 2016

Barrett Introduces Meares’s Jackson Lecture

On July 11th, Professor John Q. Barrett introduced Chautauqua Institution’s 12th annualRobert H. Jackson Lecture on the Supreme Court of the United States.

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John Barrett

The lecturer, Professor Tracey M. Meares of Yale Law School, spoke on “Policing and Its Reform in the 21st Century.” She addressed, in particular, recent and historical United States events including the Supreme Court’s recent decision in Utah v. Strieff, academic research, psychology, and communal education.

For YouTube video of the entire program, click here.

August 3, 2016

Sovern, Quoted in Media, Has Op-Ed in American Banker

Professor Jeff Sovern’s op-ed, co-authored with St. John’s Associate Professor of

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Jeff Sovern

Psychology Kate Walton, Phantom Debts Plague Collections System, ran July 28 in the American Banker. The op-ed, which reports on Sovern’s and Walton’s research for their article, Are Validation Notices Valid? An Empirical Evaluation of Consumer Understanding of Debt Collection Validation Notices, explains:
[W]e conducted a survey of consumers (funded by the National Conference of Bankruptcy Judges Endowment for Education). We showed one group a collection letter that had been found sufficient by a federal court of appeals. We showed another set of consumers the same letter, but without the validation notice. Then we compared respondents’ answers to questions about the validation notice.

The results were disappointing, unless you’re a debt buyer. On most of our inquiries, respondents shown the letter with the validation notice did not perform significantly better than respondents who didn’t see the notice. Roughly a quarter did not grasp that they could request verification of the debt, and nearly all who did mistakenly thought that an oral request would protect their rights: both the law and notice say a written request is required.

The sentence in the validation notice that read, “Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid” left many respondents mystified about when the collector would assume the debt to be valid. And the validation notice may actually have caused consumer confusion. For example, more than a fifth of the respondents thought that if they missed the 30-day deadline for disputing the debt specified in the validation notice, they would either have to pay the debt or would not be able to defend against a suit to collect it — even if they did not owe the debt.

It is Professor Sovern’s third op-ed this summer. He was also quoted in the Law360 article, CFPB Enforcement Actions Could Guide Debt Collection Rules, as follows:

“The bureau has sifted through many comments, brought cases, supervised debt collectors and studied this area for years. I am confident that they know a great deal about the subject and have given the issues considerable thought,” said Jeff Sovern, a professor at St. John’s University School of Law.

And the American Banker quoted him in another article, Five Issues to Watch in CFPB’s Debt Collection Plan :

* * * Some courts have said that threatening to sue to enforce a debt that has exceeded the statute of limitations is a violation of the FDCPA. Others have allowed debt collectors to ask a consumer to pay a time-barred debt, and if the consumer pays even part of it, the clock on the statute of limitations starts all over again.

“Some see this as an attempt by a collector to take advantage of consumer ignorance of the law,” said Jeff Sovern, a professor at St. John’s University School of Law, in an email response.

* * *

Many industry observers are curious how the CFPB will deal with electronic communications.

“Is sending someone a ‘friend’ request when you are trying to collect a debt from them misleading?” asked Sovern.

July 15, 2016

The Hill Runs Sovern Op-Ed

The Hill has published Professor Jeff Sovern’s op-ed, What Can We Learn from Trump University’s Sales Scripts. Here is an excerpt:

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Jeff Sovern


[I]f you listen to how Trump responds to questions, you may see parallels to the script’s instructions for answering questions about Trump University’s success rate:

“If you went to Harvard or Berkeley and asked them the success rate of their graduates, how do you think they would answer that? Their answer is the same as ours. We give every student the knowledge and tools to go out there and be successful. . . . every graduate doesn’t make the same amount of money. . . . Their number one problem is procrastination and excuses. So the success rate is based off of one variable – YOU! . . . . Average people get to a defining moment in life and think about it until it is too late. You didn’t make all these decisions to be here this weekend to be average. So come on, let’s get you a Mentor . . . .”

Never mind that information about the outcomes of many schools, including Harvard and Berkeley, is available on the web. Sales staff who followed the script did not even begin to answer the consumer’s question. But they may have managed to make listeners feel better about themselves by putting down the unidentified others—those average people!–who procrastinate and make excuses. Predatory lender scripts show a similar pattern of refusal to answer questions and redirection.

July 6, 2016

Barrett Lectures in California & Illinois

 

 

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John Barrett

Professor John Q. Barrett, biographer of U.S. Supreme Court Justice Robert H. Jackson, U.S. chief prosecutor at and principal architect of the 1945-1946 international Nuremberg trial of the principal Nazi war criminals, spoke last month at two notable events that commemorated those historic events of seventy years ago.

On June 9th, Professor Barrett was a principal speaker in Riverside, California, in the annual Associate Justice John G. Gabbert Historic Oral Argument and Lectures Series, organized by the California Court of Appeal, Fourth Appellate District. The program was titled “The Courage to Remember: The Holocaust & the Nuremberg Trials.” For a pre-event press release, click here.

On June 27th, Professor Barrett spoke, at a program hosted by the Jewish Federation of Springfield, Illinois, and its Cardozo Society, on Justice Jackson and Nuremberg.
Professor Barrett writes The Jackson List, which reaches over 100,000 readers around the world.

July 6, 2016

Sovern Has Op-ed in Pittsburgh Post-Gazette

 

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Jeff Sovern

Professor Jeff Sovern’s latest op-ed, Keep banks from playing tricks, appeared in the Pittsburgh Post-Gazette on June 26. It is about the Consumer Financial Protection Bureau’s proposed rule to ban class action waivers in arbitration clauses. Here is an excerpt:

* * * Affected businesses are likely to sue (in court, ironically) to try to block [the CFPB arbitration proposal]. In a move that conjures up the famous scene from “Blazing Saddles” in which Cleavon Little takes himself hostage, the financial industry has threatened to abandon consumer arbitration altogether if the regulation takes effect. Thus, the Chamber of Commerce has written of its concern that consumers who have unique $25 claims that couldn’t be heard in class actions wouldn’t be able to arbitrate them.

(Never mind that this imaginary consumer — remember, consumers rarely bring $25 claims — could presumably still sue in small claims court). But even that wouldn’t be a problem unless arbitration benefits consumers; therefore, the industry claims that it does.

Except that it doesn’t. The CFPB study found that, on average, 6.8 million consumers a year obtain relief through settlements in consumer finance-related class actions in federal court. In contrast, it reported, about 600 consumer finance disputes were filed each year with the main arbitration provider. Even if consumers filed and won 1,000 times that many arbitration proceedings a year, federal class actions would still help more than 10 times as many consumers as arbitration in a typical year. That’s why class actions can deter misconduct while arbitration doesn’t.

June 17, 2016

Salomone presents at Université Catholique de l’Ouest in France

On May 27th, Professor Rosemary Salomone presented a paper on “Heritage Languages and Educational Equality in the Global Knowledge Economy” at an international symposium on “Politiques Linguistiques Familiales et Processus de Transmissions Intergénérationnelles en Contexte Migratoire” hosted by the Université Catholique de l’Ouest in Angers, France. The following is an abstract:

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Rosemary Salomone

This paper examines the wavering history of language rights in the United States for students whose home language is other than English. It gives particular attention to the Supreme Court’s decision in Lau v. Nichols (1974) and related federal laws and regulations. It looks specifically at students from immigrant or refugee families who are English dominant but have limited conversational skills in their “heritage” language. It maintains that while families with sufficient economic means and/or community support preserve their language and culture by enrolling their children in after-school and weekend language and culture classes or through dual language immersion programs in the public schools, the same advantages are not available to many less privileged students whose potential for bilingualism and biculturalism remains unrealized. It presents data on the increasing demand for multilingual skills in the job market as well as empirical findings on the cognitive and social benefits of bilingualism, which further underscore the resulting inequities. For these students developing academic proficiency and literacy in their “mother” tongue is not a mere enrichment activity that schools can set aside in the face of competing demands for accountability as measured by standardized test scores in English. It is rather critical in the global knowledge economy to providing a “meaningful,” “effective,” and “appropriate” education as guaranteed in federal law. The paper closes with a brief discussion of current developments, including state “Seals of Biliteracy” and a congressionally supported Commission on Language Learning, that suggest national recognition of the country’s language deficit and a hopeful commitment to addressing the rights of heritage language learners.

June 16, 2016

Lazaro quoted in On Wall Street about new FINRA CEO

Professor Lazaro was quoted in the On Wall Street article, Christine LazaroNew FINRA CEO will face thorny issues and rising criticism,” about FINRA’s newly named CEO, Robert Cook, and the issues he can expect to face when he takes over the brokerage industry regulator:

Christine Lazaro, director of the Securities Arbitration Clinic at St. John’s University School of Law, says preventing elder financial abuse has become an ever more important issue as more baby boomers enter retirement.

Under Ketchum, FINRA has made moves to buttress protections for older clients. Last year, the regulator launched a helpline that it says received more than 4,600 calls so far .

Lazaro also points to growing concerns about cybersecurity. In recent years, there have been high profile data breaches at firms like J.P. Morgan Chase and Morgan Stanley.

“There is a tremendous amount of confidential customer information at the firms,” she says.

There’s also a question as to what role does FINRA have in the ongoing debate over an industrywide fiduciary standard. The Department of Labor’s contentious rule, finalized in April, faces several lawsuits launched by industry trade groups. Meanwhile, the SEC, which is charged with creating a fiduciary rule under the Dodd-Frank Act, says it won’t finalize its own rule-making before Obama leaves office.

Lazaro says FINRA has an opportunity to set expectations for firms.

“The place for FINRA to act is really in terms of how it expects its member firms to manage conflicts of interest, in other words acting in the best interest of customers,” she says. “FINRA has long said it expects firms to act in the best interest of customers, but the question is how do you define best interest?”

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