Archive for ‘Uncategorized’

September 9, 2021

Board Diversity Requirements: California, Nasdaq, and More

Professor Cheryl L. Wade is a panelist at a virtual event sponsored by the In-House Counsel Working Group of The Federalist Society. The event takes place today, September 9, 2021 at 1:00 ET. Go to this link for more information about the program.

Cheryl Wade
Professor Cheryl L. Wade
Harold F. McNiece Professor of Law

August 31, 2021

Barrett Essay Pays Tribute to Charles Reich

Professor John Q. Barrett has published an essay, Charles Reich, New Dealer, as part of a special Touro Law Review issue that grew out of Touro Law School’s January 2020 conference commemorating the life and legacy of Charles A. Reich (1928-2019), former Yale law professor, constitutional law scholar, and best-selling author.

Professor Barrett’s essay, paying tribute to Reich’s writings and their friendship, juxtaposes how Reich revered Franklin D. Roosevelt and how Reich sometimes wrote negatively about the New Deal. The explanation, Barrett posits, is that Reich’s criticisms were aimed much more at 1950s government, conformity, and stultification than they were at the 1930s and 1940s years of Roosevelt’s presidency.

The Touro Law Review issue on Charles Reich includes, in addition to Professor Barrett’s essay: an introduction by Rodger Citron, conference organizer and Reich biographer; Charles Reich’s final (or at least his latest) article, Keeping Up: Walking With Justice Douglas; essays and articles by Hon. Guido Calabresi, Harold Hongju Koh, Felicia Kornbluh and Karen M. Tani, Sarah A. Seo, and Raymond H. Brescia; and concluding thoughts by Professor Citron.

For an abstract of Professor Barrett’s essay and to download it, click here.

John Q. Barrett
Professor of Law

August 23, 2021

Jackson Sow’s Article Places in California Law Review

Professor Marissa Jackson Sow’s paper, Protect and Serve, has been accepted for publication in the California Law Review (forthcoming June 2022). A description of the article follows:

Via the theories of whiteness as contract and the racial contract to policing, Protect and Serve uses critical contract theory to challenge the basic assumption—undergirded by constitutional, civil rights, and human rights law—that Black people in the United States are entitled to due process and equal protection when they are in contact with the police or other law enforcement officer. Instead, the paper advances the claim that the mandate that police “protect and serve” does not apply to Black people in actuality, notwithstanding the provisions of constitutional and statutory law, because they are the objects of racial contracting rather than participants therein. The police are charged with protecting the racial contract and serving the contract’s signatories; accordingly, they enforce the contract’s terms, requiring them to specifically target Black people for surveillance, harassment, deprivation, and even death, lest the contract be subject to breach or other interference.  

Marissa Jackson Sow
Assistant Professor of Law
August 18, 2021

Boyle Signs with Two Publishers

Professor Robin Boyle has signed with two publishers. For West Academic Publishing, she will be writing individual modules on varying Legal Research and Writing topics that faculty can use to supplement their LRW courses. She will be among a team of authors creating content for the West Academic Adaptable Modular Legal Research & Writing project (Sandra Simpson, Series Editor). The authors envision 20-25 modules in total, divided between writing and research topics. Each module will consist of approximately 50 minutes’ worth of student activity for each lesson. Individual modules will be available for purchase in 2022. 

Professor Boyle has also signed with Edgar Elgar to write and publish a book primarily designed for instructors, Teaching Contract Drafting. The book is to appear in the Elgar Guides to Teaching series. It is anticipated that the book will be approximately 180-200 pages in length and will be available in 2023. 

Additionally, Professor Boyle’s workbook, Becoming a Legal Writer, will have an online formative assessment component this Fall. The review questions, with suggested answers, will be provided on the Core Knowledge platform for Carolina Academic Press. The full title of the workbook is Becoming a Legal Writer: A Workbook with Explanations to Develop Objective Legal Analysis and Writing Skills (2019) (with Christine Coughlin & Sandy Patrick).

Robin Boyle
Professor of Legal Writing
August 17, 2021

Subotnik Presents Forthcoming Book Chapter

Last week, Professor Eva Subotnik presented her forthcoming book chapter, Dead-Hand Guidance: A Preferable Testamentary Approach for Artists, at the annual IP Scholars Conference, hosted virtually this year by Cardozo School of Law. Her panel was on “Copyright Authorship & Ownership.” The book chapter is a contribution to a forthcoming volume entitled Posthumous Art, Law and the Art Market, co-edited by Professor Peter J. Karol and Sharon Hecker, Ph.D., Art Historian and Curator (Routledge, forthcoming 2022).

Subotnik also presented an earlier version of the chapter in May at the Second Annual Art Law Works-in-Progress Colloquium, hosted virtually by New England Law and OSU Moritz College of Law. At that workshop, the commentator on her paper was Professor Jeannie Suk Gersen of Harvard Law School.

Here is the abstract of the chapter:

Postmortem copyrights in the United States allow for the control of art long after the artist has died. Successors to these interests, and even the public generally, may have bona fide reasons to encourage visual artists to be specific and comprehensive about the ways in which the artwork is to be reproduced and used after the artists’ deaths. Nevertheless, this chapter cautions that efforts to encourage visual artists to provide guidance should simultaneously discourage any attempts to make these instructions binding. First, it is not clear that purportedly binding testamentary instructions about these matters will be effective. Second, the proliferation of such instructions may run counter to the goals of copyright law, raising the question of whether they should be effective. In short, in these matters, dead-hand guidance is preferable to dead-hand control.

Eva E. Subotnik
Associate Dean for Faculty Scholarship
Professor of Law
Faculty Director, Intellectual Property Law Center

August 10, 2021

Roberts Presents at Evidence Summer Workshop

Professor Anna Roberts presented a work-in-progress, “Prior Conviction Impeachment of Prosecution Witnesses,” at the Evidence Summer Workshop, held virtually (photograph attached). Professor Lisa Kern Griffin of Duke Law provided commentary on her paper.

Professor Roberts has also accepted an invitation to join the Pedagogy Subcommittee of the Law School Anti-Racist Consortium (LSARC).

July 26, 2021

Roberts’s Article to be Excerpted in Fisher Evidence Casebook

Professor Anna Roberts has learned that Professor George Fisher will include an extract from her article Conviction by Prior Impeachment, 96 B.U. L. Rev. 1977 (2016), in the 2022 edition of his Evidence casebook. The abstract of the article is as follows:

Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed: (1) it relies on assumptions belied by data; (2) it has devastating impacts on individual trials; and (3) it contributes to many of the criminal justice system’s most urgent dysfunctions. Yet critiques of the practice are often paired with resignation. Abolition is thought too ambitious because this practice is widespread, long-standing, and beloved by prosecutors. Widespread does not mean universal, however, and a careful focus on the states that have abolished this practice reveals arguments that overcame prosecutorial resistance and that intervening developments have strengthened. It also reveals decades of courtroom experience, illustrating both the potential and weaknesses of existing bans on this form of impeachment. Examining and finding wanting the reasons for this practice’s ongoing existence, this Article proposes a model statute for states considering abolition.

Anna Roberts
Professor of Law
July 19, 2021

Salomone Presents at Conference Co-Hosted by Berkeley and University of Cape Town

Professor Rosemary Salomone recently participated in the workshop “Toward Transformative Equality: A Work in Progress” at the conference on Inequality in a Time of Global Crisis: What have we learned about effective & proportionate responses?, sponsored by the Berkeley Center on Comparative Equality and Anti-Discrimination Law and the University of Cape Town. Her presentation, “In Search of Transformative Justice: The South African Constitutional Court and the Right to Education in the Language of One’s Choice,” examined the intersectionality of race and language in post-apartheid South Africa in the context of three decisions on Afrikaans versus English instruction, the forward-looking shift in the Court’s perspective, and the implications for moving the country beyond the past and toward the Constitution’s promise of transformation and redress. Professor Salomone’s presentation was based on the chapter “Redress and Transformation” from her forthcoming book, The Rise of English: Global Politics and the Power of Language (Oxford University Press, 2021).

Rosemary Salomone
Kenneth Wang Professor of Law
July 16, 2021

Subotnik Quoted in The New Yorker Magazine

Professor Eva Subotnik was interviewed for an article published this week on The New Yorker magazine’s website. The article is entitled Who Owns Mike Disfarmer’s Photographs?, by Eren Orbey (July 13, 2021).

The article is about the legacy and legal questions surrounding the work of Mike Disfarmer, a small-town photographer in Arkansas who died in 1959, without a will, and found substantial fame only after death—in ways reminiscent of “nanny photographer” Vivian Maier.

Professor Subotnik is quoted toward the end of the article:

Last fall, much like Disfarmer’s family, more than a dozen of [Chicago janitor Henry] Darger’s relatives teamed up and retained a lawyer. Eva Subotnik, a law professor at St. John’s University who has written extensively on intellectual-property debates in photography, worries that such efforts may discourage future collectors from salvaging work that would otherwise never be seen. “It would obviously be a real shame if the next Vivian Maier is lost to history,” she said. “Likewise, it would be ironic if copyright law plays more of a role in burying great work than birthing it.”


Eva E. Subotnik
Professor of Law
Associate Dean for Faculty Scholarship
Faculty Director, St. John’s Intellectual Property Law Center (IPLC)

July 6, 2021

Boyle Presents at Dual Conferences

Professor Robin Boyle presented at the Association of Legal Writing Directors’ (virtual) biennial conference, which had the theme of Working on Our Core: Wellbeing, Equity, and Inclusion, held June 16th – 18th. Professor Boyle co-presented in the workshop Sharpen Your Pencils: Engagement, Inclusion and Scaffolding. Her co-presenters were Christine Coughlin and Sandy Patrick, who are also Professor Boyle’s co-authors of the workbook Becoming a Legal Writer. Professor Boyle also served on the Program Committee for the conference. 

More recently, on July 2nd, Professor Boyle presented at the International Cultic Studies (virtual) annual conference in a workshop entitled Legal Developments in the United States and Canada. Her co-presenters were Donald Netolitzky, Complex Litigant Management Counsel, Alberta Court of Queen’s Bench, and Lea Lavy, a Canadian doctrinal student. Professor Boyle focused her presentation on the legal case against Keith Raniere in the E.D.N.Y. (the NXIVM case) and the application of human trafficking laws to cults. She also discussed the developing issues of high-control groups in the context of seeking asylum in the U.S., the status of state child marriage laws, and theoretical models for cases of undue influence.  

Robin Boyle
Professor of Legal Writing

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