Archive for ‘Uncategorized’

October 4, 2019

Movsesian Co-chairs Roundtable on Religious Liberty Cases, Speaks at Kings’ College, and Presents at Morningside Institute Conference

In September, Professor Mark Movsesian co-chaired the Center for Law and Religion’s roundtable discussion on recent religious liberty cases at the Supreme Court with US Circuit Judges Richard Sullivan and Kyle Duncan.

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Mark Movsesian

He also gave the annual Constitution Day address at The Kings’ College in Manhattan, on the Masterpiece Cakeshop case and the broader conflict between anti-discrimination laws and religious liberty. In his address, Movsesian discussed the cultural and political trends that drive that conflict and the likely outcome in the courts.

Finally, Professor Movsesian presented a paper at a conference on “Church and State in a Time of Crisis,” sponsored by the Morningside Institute. Professor Movsesian’s paper addressed a recent California bill requiring clergy members to report to state authorities information regarding suspected child abuse, including information clergy members obtain during confidential spiritual counseling.

October 2, 2019

Calabrese and Sovern Co-Author Comments on Proposed CFPB Debt Collection Rule for Consumer Law Professors

Professors Calabrese and Sovern co-authored comments, along with other legal academics, to the Consumer Financial Protection Bureau, on behalf of a group of 31 consumer law professors.  The comments address the Bureau’s proposed debt collection regulations.  These are the first agency regulations to implement the Fair Debt Collection Practices Act (FDCPA).

 

The regulations deal with significant changes in communication technology as well as in the debt collection industry that have occurred since the FDCPA was enacted in 1977.  The comments were also appended to testimony before the House Financial Services Committee in a hearing on debt collection on September 26.

October 2, 2019

Allen’s Article Published in Detroit Mercy Law Review

Professor Renee Allen‘s article, The “Pink Ghetto” Pipeline: Challenges and Opportunities for Women in Legal Education (with Alicia Jackson & DeShun Harris), has been published in the Detroit Mercy Law Review.  The article recently was featured on TaxProf Blog.

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Here is the abstract:

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female. The term coined for positions typically held by women is “pink ghetto.” In legal education, tenured and higher-ranked positions are held primarily by men, while women often enter legal education through non-tenured and non-faculty skills-based teaching pipelines. In a number of these positions, women experience challenges like poor pay, heavy workloads, and lower status such as by contract, nontenure, or at will. While many may view this as a challenge, looking at these positions solely as a “pink ghetto” diminishes the many contributions women have made to legal education through the skills faculty pipelines. Conversely, we miss the opportunity to examine how legal education has changed and how women have accepted the challenge of being on the front line of educating this new generation of learners while enthusiastically adopting the American Bar Association’s new standards for assessment and student learning. This article focuses on the changing gender demographics of legal education, legal education pipelines, and the role and status of women in higher education with an emphasis on legal education. The final section applies feminist pedagogy to address challenges, opportunities, and aspirations for women in legal education.

September 30, 2019

Lazaro presents at Securities Arbitration 2019 Program at PLI

Professor Christine Lazaro participated on the panel, “Staying Ahead of the Curve: Hot Topics in Securities Arbitration and Future Trends in 2019,” at the PLI program, Securities Arbitration 2019.

Christine Lazaro

Professor Lazaro discussed recent cases, as well as issues impacting investors and the securities arbitration forum.  Additionally, Professor Lazaro co-authored an article for program with Teresa Verges entitled, Technology in Legal Practice: Keeping Ethical Obligations in Mind.  In addition to appearing in the program materials, the article will be published in PLI Current: The Journal of PLI Press.

September 30, 2019

Boyle Presents at Harvard Medical School Think Tank

On September 25, 2019, Professor Robin Boyle Laisure presented at a think tank for Harvard Medical School, called the Program in Psychiatry and the Law (PIPATL).  PIPATL members hold degrees in psychiatry and law. The topic of her talk was “Litigating Against Cults: Avoiding Undue Influence Conundrum.”
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Professor Boyle summed up the history of United States Supreme Court decisions, in which expert testimony was challenged when it pertained to “mind control” or “brainwashing.”  She argued that we can now look to the case of United States v. Raniere, tried in federal court (EDNY) last May, as a paradigm for litigation against cults and high demand groups.  In that case the leader of the Nxivm organization, a purported network of self-help workshops, was convicted on seven counts, including human trafficking and racketeering.  At her talk, Professor Boyle offered some suggestions about revising the requirements for establishing undue influence in the civil context.  The members of PIPATL engaged in a robust discussion about how much weight courts should afford to the mental state of the victim in cases of undue influence.
September 30, 2019

Warner Presents at European Academic Forum

On September 25, Professor Ray Warner presented his paper, Implementation of the Restructuring Directive: Enforcing Reorganization Plans in the United States, at the INSOL Europe Academic Forum on Harmonisation of Insolvency and Restructuring Law in the EU in Copenhagen, Denmark.

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G. Ray Warner

September 19, 2019

Salomone Quoted in University World News

Professor Rosemary Salomone was extensively quoted in an article that appeared in the September 5th issue of University World News.

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Rosemary Salomone

The article, “Language in Universities – No One-Size-Fits-All Solution,” makes note of a recent policy adopted in Algeria ordering universities to teach in English rather than in French, which an overwhelming majority of Algerians supported in a national poll. It more extensively discusses a recent law adopted in Morocco setting aside teaching through Arabic in favor of foreign languages, and particularly French, in science, mathematics, and technical subjects in secondary schools. The idea is to put public schools on an equal academic footing with the country’s elite French private schools, and to prepare students for university programs that are primarily offered in French. Critics argue that the law violates the Moroccan constitution, which states that Arabic and Amazigh are the official languages of the state. Some would even prefer English to French for political and practical reasons. Professor Salomone suggests that there is no “one-size-fits-all” or “all-or-nothing” resolution to any language policy and that changes demand time and thoughtful planning, as Rwanda learned when it moved from French to English. She maintains that the question needs to be considered in light of the history, politics, and legal status of the official language or languages in each country, how the people define themselves as a nation, their feelings toward France as the “colonizer,” what problems they are trying to remedy, and what benefits they foresee. In view of those factors, she agrees that the changes in Algeria and Morocco are both reasonable.

September 4, 2019

Barrett Speaks at ABA Annual Meeting

On August 8, 2019, Professor John Q. Barrett spoke on a plenary session panel, “And Then They Came for Us: The Perils of Silence,” at the American Bar Association annual meeting in San Francisco.

The program began with a showing of the award-winning documentary, “And Then They Came for Us,” on U.S. incarceration of Japanese-Americans during World War II.

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L-R:  Professors Barrett & Bannai, ABA President Bob Carlson, & Mr. Minami

Following the film, Professor Barrett spoke about lawyers’ conduct and inaction in Nazi Germany, about the Japanese-American cases in the U.S. Supreme Court during World War II, and about the work of lawyers at the Nuremberg trials of Nazi leaders following the war.  (For a press report on the panel, click here).

Professor Barrett’s fellow panelists were San Francisco lawyer Dale Minami and Seattle University law professor Lorraine Bannai.  They spoke about their 1980s representation of Fred Korematsu in the litigation that won the writ of coram nobis that negated his 1942 conviction for violating the military order that excluded him, because he was Japanese-American, from the U.S. west coast.

August 21, 2019

Klonick Obtains Research Grants, is Interviewed by NPR, WSJ, and NY Times, and Publishes in Slate, NY Times, and Lawfare

This June and July, Professor Kate Klonick received individual research grants from the Knight Foundation, Charles Koch Institute, and the MacArthur Foundation to support her continued research and writing on Facebook, AirBnB and Waze.
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In addition, she was a named recipient on an institutional grant to study the “Digital Public Sphere” at Yale Law School Information Society Project and a named recipient on a project grant to study “Social Media and Democracy” at Yale University with Professor Molly Crockett.
In late June she and Evelyn Douek wrote pieces for Lawfare (“Facebook Releases an Update on Its Oversight Board: Many Questions, Few Answers“) and Slate (“Facebook’s Federalist Papers“) about Facebook’s Oversight Board. She also teamed with Professor Jennifer Daskal at American University’s Washington Law School to write a New York Times op-ed (“When a Politician Is Called a ‘Lousy Traitor,’ Should Facebook Censor It?“) about an anticipated ruling out of the EU against Facebook and free speech.
In addition, Klonick’s work was cited in testimony and reports in the Congressional Hearing Artificial Intelligence and Counterterrorism: Possibilities and Limitations on June 25. Interviews from Klonick or her work also appeared on multiple news outlets since June, including NPR: All Things ConsideredNPR: Morning EditionWall Street JournalBloomberg and the New York Times.
August 16, 2019

Boyle Publishes Book with Carolina Academic Press

Professor Robin Boyle published her first book:  Becoming a Legal Writer: A Workbook with Explanations to Develop Objective Legal Analysis  and Writing Skills (Carolina Academic Press 2019).  She co-authored the workbook with Professors Christine Coughlin (Wake Forest) and Sandy Patrick (Lewis & Clark).

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The workbook is designed to help students develop two essential lawyering skills: objective analysis and writing.  Providing ample foundation in every chapter followed by exercises, the workbook aims to complement any legal writing book or to serve as a stand-alone text in settings of academic support or pre-law instruction.  Specifically, it helps students master lawyerly skills such as:  formulating questions to ask clients upon intake, exploring research strategies into systems of law, developing critical reading skills, organizing and applying the law into objective written analysis, and polishing their writing.

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