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.
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).


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.

August 16, 2019

Movsesian Reviews Wilken in The University Bookman

Professor Mark Movsesian’s published an essay on Christianity and religious freedom, Tertullian and the Rise of Religious Freedom, in the August 2019 edition of The University Bookman.


Mark Movsesian

The essay is a review of Robert Louis Wilken’s new book, Liberty in the Things of God. Movsesian argues that religious freedom, as it has developed in the West, is consistent with some Christian ideas about church-and-state, but not all.

August 16, 2019

Subotnik Presents at IPSC in Chicago

Last week, Professor Eva Subotnik presented her paper, The Fine Art of Rummaging: Successors and the Life Cycle of Copyright, at the annual IP Scholars Conference (IPSC), hosted this year by DePaul College of Law.

Eva Subotnik

The paper will be published as a chapter in The Research Handbook on Art and Law (Jani McCutcheon & Fiona McGaughey eds., Edward Elgar Publishing Ltd, forthcoming 2019). Here is the abstract:

This chapter argues that a possible justification for the extension of copyright beyond the death of the author is the key role that copyright successors may serve in the life cycle of artistic works. In particular, with respect to an artist’s unpublished work, a time-sensitive decision must be made about whether or not to keep the physical artifacts associated with copyrights—an obligation that often falls to these successors. Bulky canvases, sketches, negatives, and myriad other items must be sifted through in order to separate the wheat from the chaff. In this way, the post-death cleanup period offers a once-in-a-lifetime event in which copyright successors can serve a socially valuable function.





August 8, 2019

Lazaro Authors Op-ed on SEC and State Fiduciary Rules for Brokers

Professor Lazaro authored an op-ed which discussed the shortcomings in the SEC’s recently adopted Regulation Best Interest, as well as the states’ interests in adopting regulations governing broker-dealer standards of conduct.  The op-ed, “Reg BI isn’t the cure we needed,” was published in Financial Planning.

Christine Lazaro

The following is an excerpt from the op-ed:

The SEC rule continues to ignore the reality that exists in the marketplace — brokers are seen by their clients as trusted advisors. Reg BI contains the brokers’ duties only to the time of the recommendation; ignoring the ongoing reliance a client has on a broker to monitor the account and investments. Reg BI disclaims any ongoing duty on the part of brokers, which means it moves further away from client expectations rather than aligning the duty with expectations.

August 6, 2019

Roberts Serves as Discussant at SEALS

At the annual Southeastern Association of Law Schools (“SEALS”) conference in Boca Raton, Anna Roberts participated in a discussion group entitled “Effective Teaching Strategies for Criminal Law and Criminal Procedure Faculty.”


She also served as a volunteer during the SEALS Prospective Law Teachers’ Workshop, providing feedback on mock job talks by two market candidates.


July 26, 2019

Roberts, Evans, Whetstone Present and Moderate at CrimFest

At the recent CrimFest conference, held at Brooklyn Law School, three St. John’s Professors presented and moderated panels:

Professor Anna Roberts presented a new project, “Victims, Right?,” and moderated a panel focused on substantive criminal law.

Professor Sheldon Evans presented a project titled, “Passive Federalism,” which focuses on the interplay between federal collateral consequences and their dependency on state law criminal convictions.  Crim Fest

Professor Kayonia Whetstone moderated a panel  entitled Criminal Law Structure and Institutions.

Here is an abstract of Professor Evans’ “Passive Federalism” paper:

The conflicts, cooperation, and competition between federal, state, and local power in substantive criminal law and punishments remains one of the most important balancing exercises of federalism in the modern American experiment. A unique expression of this diffusion of power is when federal collateral consequences—such as sentencing enhancements, reporting requirements, and even deportation—are based solely on state law criminal convictions. This underexplored interplay between the federal and state criminal justice system illustrates the passive exercise of federal power, which entirely defers the imposition of collateral consequences upon state and local law.

This Article examines this passive form of federalism, which presents practical problems by cutting against goals to promote uniformity and judicial economy. Passive federalism also runs afoul of many political goals of federalist governance to protect against centralized tyranny, increase democratic participation and accountability, and promote experimentation of sub-federal actors. While passive federalism does prove precarious, the malleability of federalism theory can help map a way out. This Article argues that designing active cooperative and competitive agreements that bring federal, state, and local actors together in the decision-making process to charge, convict, and later impose collateral consequences, can succeed where passive federalism has failed by providing an efficient diffusion of power that fairly and consistently regulates and punishes offenders.

July 22, 2019

Barrett Lectures in Nuremberg, Germany

On July 8, 2019, Professor John Q. Barrett taught a class on U.S. Supreme Court justice Robert H. Jackson and his role as U.S. chief prosecutor of Nazi war criminals following World War II, in Creighton University’s summer law school program, “From Nuremberg to The Hague.

jqb photo

Later that day, Professor Barrett also gave an orientation lecture to students and other visitors in Courtroom 600 in Nuremberg’s Palace of Justice, the historic trial site.

On July 9, Professor Barrett gave a public lecture, “The U.S. Congress & President Trump: Heading for What?,” at the Deutsch-Amerikanisches Institut (DAI) Nürnberg.

July 17, 2019

Wade to Publish Book with Cambridge University Press and Book Chapter with Oxford University Press; Moderates Panel at AALS

Professor Cheryl L. Wade has completed a book titled, “Predatory Lending and the Destruction of the African American Dream,” co-authored with Professor Janis Sarra at the University of British Columbia.  The book will be published by Cambridge University Press this year.


Professor Wade also will contribute a chapter entitled, “Critical Race Theory and the Corporation,” to a book edited by Professor Devon Carbado at UCLA that will be published by Oxford University Press in 2020.

Last, Professor Wade moderated a panel at the 2019 AALS Annual Meeting on globalization and firm cultures.  She also delivered the lecture at a public meeting and participated in a roundtable discussion organized by the University of British Columbia on Business, Race, and Climate Change.

July 16, 2019

Barrett Lectures, Panel Appearance, & Videos

Professor John Q. Barrett has made several presentations in the past several months:

  • On April 11, he gave a keynote lecture, “Lawyering Nuremberg: Building the Rule of Law Following World War II,” at the International Association of Defense Counsel (IADC) Corporate Counsel College, a meeting of elite corporate defense attorneys and their client-guests, in Chicago. 

    John Barrett

  • On May 3, Professor Barrett was a principal speaker, along with Justice Robert J. Luck of the Florida Supreme Court, at the 10th annual Nuremberg Lawyers Luncheon, held at Temple Beth El of Boca Raton, Florida.  Professor Barrett, who spoke at the inaugural luncheon in 2010, was given the Jay & Marilyn Weinberg Award for his work.  He then interviewed Benjamin Ferencz, the last surviving Nuremberg prosecutor—at age 26, Ferencz was U.S. Chief Prosecutor of the Nazi Einsatzgruppen leaders, whose men murdered over 1 million civilians during World War II—about his life, Nuremberg, and his work ever since to build a world of peace and human rights through law.
  • On May 8, Professor Barrett participated at the U.S. Department of Justice in Washington in the dedication of the Antitrust Division’s new Robert H. Jackson Room.  He then lectured in the Great Hall on Robert H. Jackson’s year-plus (1937-early 1938) as Assistant Attorney General heading the Division.  The lecture was part of the Division’s third JacksonNash Address program.  Assistant Attorney General Makan Delrahim hosted both the dedication and the Great Hall program.  Deputy Attorney General Rod Rosenstein introduced Professor Barrett’s lecture.
  • On May 14, Professor Barrett delivered a lecture, “The Ongoing Process of Deciding Korematsu,” at a Robert H. Jackson Center symposium in Jamestown, New York, on the Korematsu case.  The symposium also included screening of the award-winning documentary film “Of Civil Wrongs & Rights,” a lecture by Karen Korematsu of the Fred T. Korematsu Institute, and performance of a case reenactment written by Judge Denny Chin (U.S. Court of Appeals for the Second Circuit) and Kathy Chin (Crowell & Moring).  To view Professor Barrett’s lecture, click here.
  • On June 4, Professor Barrett participated in a panel discussion, at Latham & Watkins in New York City, on “The Erosion of the Rule of Law in Nazi Germany & How It Informs Challenges Today.”  Former New York State Chief Judge Jonathan Lippman, Of Counsel at Latham, organized and moderated the discussion.  Other panelists were Carol Kahn Strauss (former Executive Director of the Leo Baeck Institute), Dr. William Meinecke (U.S. Holocaust Memorial Museum), and Professor Maya Steinitz  (University of Iowa College of Law).
  • On June 17, Professor Barrett gave a public lecture, “Auschwitz at the Nuremberg Trials: The Early Evidence, the Start of Holocaust Comprehension,” at the Museum of Jewish Heritage in New York City.  To view Professor Barrett’s lecture, click here.
  • On July 1, 2019, Professor Barrett introduced Chautauqua Institution’s 15th annual Robert H. Jackson Lecture on the Supreme Court of the United States. The lecturer was former Solicitor General of the United States Donald B. Verrilli, Jr., today a partner in Munger, Tolles & Olson LLP.
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