Archive for ‘Uncategorized’

March 29, 2022

Barrett Article on Stone Court Photographs in Journal of Supreme Court History

Professor John Q. Barrett has published the “cover” article, “Law Clerk John Costelloe’s Photographs of the Stone Court Justices, October 1943,” in a recent issue of the Journal of Supreme Court History.

John F. Costelloe was Justice Robert H. Jackson’s first Supreme Court law clerk, serving from 1941-1943. Costelloe also was a talented photographer.

In October 1943, as Costelloe was completing his clerkship, he got each Supreme Court Justice to pose for his camera. He took close, candid portrait photographs of Chief Justice Harlan Fiske Stone and Associate Justices Owen J. Roberts, Hugo L. Black, Stanley Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, Robert H. Jackson, and Wiley Rutledge.

Costelloe’s photographs are published for the first time in Barrett’s article, which is about Costelloe, Jackson, their close relationship, and the history of the photographs. (Click here for an article abstract.)

The Journal of Supreme Court History is provided to members of The Supreme Court Historical Society and to many libraries. It also is available for purchase online. Barrett’s article is, except for its first page, behind a paywall (click here).

Here is the Journal cover, one of Costelloe’s photographs of Justice Jackson. It looks blurry, online and here. On the Journal cover itself, the photograph is, like each of Costelloe’s photographs, crisp and evocative.

March 25, 2022

Warner Presents at Radbound University

Professor Ray Warner delivered a talk titled “Using US Courts to Enforce Dutch Insolvency Orders” at a colloquium of the Faculty of Law of Radboud University (the Netherlands) on Friday, March 25. The talk was based on his article in the European Insolvency and Restructuring Journal on using the recently enacted Dutch scheme legislation to restructure global enterprise groups.

March 25, 2022

Boyle Presents on Human Trafficking and Coercion

Professor Robin Boyle presented on March 17th to an assembly of 65 high school students at Hicksville High School on the topic of Human Trafficking and Coercion. She was invited by social studies teachers to present to students in the Introduction to Social Science Research class, as well as the elective classes of International Law and Roots of Oppression.

Social Science and Research students recently participated in the Medical Marvels Competition. They researched human trafficking in their community. The teachers assigned Prof. Boyle’s articles as part of their required reading.

The lecture was the fifth presentation given by Prof. Boyle this winter on the topic of Human Trafficking and Coercion. Her interest in the topic stems from her earlier research into cults and more recently her publications on cults and the intersection with the human trafficking statutes. Her articles include –

Preventing Predatory Alienation by High-Control Groups:  The Application of Human Trafficking Laws to Groups Popularly Known as ‘Cults,’ and Proposed Changes to Laws Regarding Federal Immigration, State Child Marriage, & Undue Influence, 1(2) Int’l J. Coercion, Abuse, & Manipulation 27(2021) (peer-reviewed).

Employing Trafficking Laws to Capture Elusive Leaders of Destructive Cults, 17 Or. Rev. Int’l L. 205 (2016), reprinted in 9 Int’l J. Cultic  Stud. 1 (2018) (peer-reviewed).

As previously reported on the blog, Prof. Boyle gave presentations on this same topic to the following groups – ranging from her community to China:

(December 2021) Keynote Speaker (pre-recorded lecture with PP), Human Trafficking & Coercion,

The 2nd Cultic Phenomenon Studies Workshop, 2021, Shanxi University, China.

(January 2022) Presenter, Human Trafficking and Coercion, The National Charity League, Garden City Chapter, N.Y. (virtual)

(February 2022) Co-Presenter, Human Trafficking and Coercion Control Explained, EDNY

Federal Bar Association, SJU Student Chapter (w/ Patricia Kakalec, Esq., &

Aaron Halegua, Esq.) (virtual) (February 2022) Presenter, Human Trafficking and Coercion, Garden City Community Church Forum, N.Y. (virtual)

March 23, 2022

Greenberg Presents Article on Mediation in Bankruptcy and Writes Column on Settlement Practices

On March 17, 2022, Professor Elayne Greenberg presented What they really want . . . Bringing Objective Evaluation Into Mediation​​ to the bankruptcy mediators in the Honorable Thomas T. Glover Mediation Program in the United States Bankruptcy Court for the Western District of Washington. ​

Professor Greenberg’s column The Unintended Consequence of Settlement Fever and the Rule of Law was published in the March edition of the New York Dispute Resolution Lawyer. This column is the third of Professor Greenberg’s three-part series that addresses how our settlement-centric focus has influenced our justice system. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4059429

March 17, 2022

Wade Invited to Speak – UC Davis Racial Justice Series and Deliver Keynote for University of Cincinnati’s Corporate Law Symposium; Panelist for Center for American Progress and Houston Law School events

The UC Davis Law School invited Professor Cheryl L. Wade to participate in their racial justice speaker series. Her presentation about the role of U.S. corporations in the upward mobility of Black Americans will take place on March 30, 2022. Here is the link for more information: https://law.ucdavis.edu/Racial-Justice-Speaker-Series/2021-2022

Professor Wade will be the keynote speaker at the University of Cincinnati Law School’s Corporate Law Symposium on diversity, race and business on March 25, 2022. She will discuss her 2020 book, coauthored with Dr. Janis Sarra, entitled Predatory Lending and the Destruction of the African American Dream. Here is the link for information about the conference: https://www.uc.edu/news/articles/2022/03/uc-law-symposium-explores-diversity-race-and-business.html

The Center for American Progress invited Professor Wade to be a panelist for their 2022 Women’s History Month event which will take place on March 29. She will explore the implications of the racial wealth and income gaps for Black women. In February 2022, Professor Wade was a panelist at the University of Houston Law Center’s conference on Race, Racism, and American Media. She discussed corporate governance responses to racism in the media.

March 7, 2022

Sharfman Publishes Article on Third Party Litigation Financing

Professor Keith Sharfman has recently published an article – “The Economic Case Against Forced Disclosure of Third Party Litigation Financing” – in the March/April 2022 issue of the New York State Bar Association Journal. The article is available on the NYSBA’s website here: 

An abstract of the article summarizes it as follows:  

“This article offers novel economic and policy arguments against recent efforts by policymakers and industry lobbyists to require civil litigants and their attorneys — through legislation, rules of procedure, and rules of professional responsibility — to disclose the extent and nature of any third party financing that they have obtained in support of their cases. Such disclosure requirements unfairly and inefficiently compromise financial privacy and raise litigation costs not only for those litigants who have received such financing, but also for litigants who have not. Policymakers should therefore reject them.”

The abstract and an earlier, working paper version of the article is available here:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4051939

March 1, 2022

Sovern’s article accepted in Michigan Business and Entrepreneurial Law Review; Participated in CFPB Academic Advisory Roundtable; Quoted in Media

Professor Jeff Sovern’s article, Six Scandals: Why We Need Consumer Protection Laws Instead of Just Markets, will appear in the Michigan Business & Entrepreneurial Law Review. The article’s abstract reads: 

“Markets are powerful mechanisms for serving consumers. Some critics of regulation have suggested that markets also provide consumer protection: for example, Nobel Prize-winning economist Milton Friedman said “Consumers don’t have to be hemmed in by rules and regulations. They’re protected by the market itself.” This article’s first goal is to test the claim that the market provides consumer protection by examining several recent incidents in which companies mistreated consumers and then exploring whether consumers stopped patronizing the companies, which would deter misconduct. The issue also has normative implications because if markets consistently protected consumers, society would need fewer regulations and regulators, as Friedman suggested. The article’s second goal is to begin construction of a theory on when the market does or does not protect consumers.

The article finds a more nuanced situation than Friedman and other critics theorized. In some instances, businesses’ sales actually increased after their misconduct became public, despite the fact that, in at least two cases, consumers had told pollsters they would avoid patronizing the company. Even when companies suffered declines in sales after their misbehavior became public, the scandals became known only because of laws and those who enforce them, suggesting that it is the very rules that Friedman decried that led to a market response. Though it is impossible to know what would have happened if the problematic conduct had not occurred, the evidence suggests that markets alone are often not enough to protect consumers, or at least that markets are not a reliable consumer protection mechanism.”

Sovern also spoke at and drafted a short memorandum for Berkeley’s CFPB Academic Advisory Roundtable. Berkeley submitted the memorandum to the Consumer Financial Protection Bureau, along with other memos drafted by other consumer law professors. 

Sovern was also quoted in news stories. In an August 2021 American Banker Magazine story, Meet the new boss; Rohit Chopra, President Biden’s pick to head the Consumer Financial Protection Bureau, is expected to push for more enforcement and tougher penalties. But what does consumer protection really mean?, he was quoted as saying: 

“If you go back decades, the dominant economic theory was that markets function well for the most part, and the way to deal with asymmetric information was to provide disclosures to consumers,” said Jeff Sovern, a law professor at St. John’s University School of Law. “Republicans and conservatives tend to focus on the classic view.” 

But while the CFPB remains stuck in a political merry-go-round – making rules, only for the next administration to undo them again, only to have the next administration bring them back – a new field of behavioral economics has emerged and taken root since 2008. Scholars have begun to rethink the conventional wisdom that adequate consumer protection is synonymous with adequate disclosure to consumers. 

“Behavioral law and economics says consumers can’t protect themselves because they aren’t reading disclosures,” Sovern said. 

And a September 15, 2021 Roll Call article titled College credit card market keeps shrinking, CFPB reports, explained:  

Jeff Sovern, a professor at the St. John’s University School of Law, an expert on consumer law who helps lead the Consumer Law and Policy Blog, has said the decline in the college market is likely due, in part, to mandates and restrictions imposed by the CARD Act.  

* * * 

Sovern told CQ Roll Call the decline “may not be a bad thing.” 

 “It doesn’t mean that college students aren’t obtaining credit cards, only that fewer are securing them from companies partnering with their schools,” he wrote in an email. “Perhaps college students are simply getting credit cards that don’t entail making payments to their schools.” 

Sovern also said college students may be “shopping around more” or their parents are adding them to the parents’ credit cards. As a result, he said, college students face lower borrowing costs. 

February 13, 2022

Baum presents work on guardian ad litem issues and appears as amicus curiae in Supreme Court case

On Feb. 4, Prof. Jennifer Baum presented on a PLI panel discussion titled Ethical Considerations in Hague Convention and Related Child Custody Cases. Professor Baum focused on the unique perspective, challenges, and ethical obligations of the child’s attorney and guardian ad litem in such cases. 

On January 24, Prof. Baum, partnering with the law firm of Cleary Gottlieb Steen & Hamilton, LLP, and public interest organizations Child Justice, Inc., and Prevent Child Abuse NY, appeared as Amici in the Supreme Court case of Golan v. Saada, a Hague Convention International Child Abduction case from the Second Circuit, considering whether a U.S. court is required to consider ameliorative measures in cases where children face possible return to households plagued by domestic violence.

Professor Jennifer Baum
February 13, 2022

Boyle’s article accepted for publication

Professor Robin Boyle’s article, “Swimming with Broad Strokes: Publishing and Presenting Beyond the LW Discipline,” was accepted for publication in Perspectives: Teaching Legal Research and Writing. Co-authored with Stephen Paskey (Buffalo), the article encourages the greater skills community to explore topics outside of the legal writing field.  Professors Boyle and Paskey wrote, “Skills professors are, by nature, a creative collective who teach from the heart and enjoy writing and thinking.  Our publishing pursuits can be boundless.”

They were inspired to write on this topic after presenting with Professor Amy Widman (Rutgers), at the Empire State Legal Writing Conference last May.

Perspectives is a Thomson Reuters publication and can be accessed on the Faculty Resources page of its website (www.lawschool.thompsonreuters.com).

Putting words into action, Professor Boyle gave four presentations in the past two months on the topic of Human Trafficking and Coercion:

January 25th, National Charity League, Nassau County chapter before 130 parents and their teenage children;

February 2nd, Garden City Community Church, Long Island before 35 parents and staff from LI domestic violence shelters;

February 10th, EDNY Federal Bar Association, St. John’s Law School chapter, before 30 students and bar members (event co-sponsored with New York  International Law Review and the Center for Labor and Employment Law);

As previously reported on the blog, as Keynote Speaker at Shanxi University, China, December 18th, at the Second Cultic Phenomenon Studies Workshop 2021. Professor Boyle is currently preparing a presentation for the annual meeting of the International Cultic Studies Association, to be hosted in Montreal this June.  Her topic is the use of drugs as a form of manipulation and control within the context of human trafficking.

January 24, 2022

Allen Invited to Speak on Teaching Evaluation Validity and Equity Problems

Professor Renee Nicole Allen was recently an invited panelist at a virtual event hosted by Northwestern University Pritzker School of Law on Validity and Equity Problems in Law School Teaching Evaluations. Centered on her scholarship and lived experience, her remarks highlighted the ways intersectional and hierarchal microaggressions present equity issues for Black women. You can view the full event here.

Renee Nicole Allen
Assistant Professor of Legal Writing
Faculty Advisor, First Generation Professionals
Faculty Advisor, Women’s Law Society 
Co-Director, Writing Center

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