Happy Hour at AALS

Moving this to the top . . .

Here are more details about our annual AALS happy hour:

Date: January 8, 2009
Time: 9 PM
Location: The Marriott's Lobby Lounge

Co-sponsors of the event are PrawfsBlawg and the Empirical Legal Studies Blog.

The first two hundred drinks are free! This is courtesy of Indiana University Maurer School of Law -- Bloomington. We thank the school in advance for its great generosity!

Please mark your calendars. I look forward to seeing you in San Diego this January!

Posted by Daniel Solove at 12:43 AM | TrackBack

Introducing Guest Blogger Solangel Maldonado

I'm delighted to announce that Professor Solangel Maldonado is joining us for a guest visit. Solangel is a professor of law at Seton Hall Law School where she teaches torts, estates and trusts, a number of family law courses, and a seminar titled Race, Ethnicity & the Law. Her primary research explores how the law can encourage nonresident fathers to maintain and nurture relationships with their children. She also writes about transracial adoption.

Before joining Seton Hall Law School, Solangel clerked for federal district judge Joseph A. Greenaway and was a litigation associate with Kaye, Scholer, Fierman, Hays & Handler, LLP and with Sidley, Austin, Brown & Wood in New York. She received her B.A. from Columbia College and her J.D. from Columbia Law School.

Her recent publications include:

* FAMILY LAW IN THE WORLD COMMUNITY (Carolina Academic Press, 2nd ed., forthcoming 2009) (with D. Marianne Blair, Merle H. Weiner, and Barbara Stark)
* Taking Account of Children’s Emotions: Love, Anger and Nurture After Divorce, ____ Va. J. Soc. Pol’y & L.___ (forthcoming 2008)
* Permanency v. Permanent Ties: The Case for Post Adoption Contact, ___ Capital L. Rev. ___ (forthcoming 2008)
* Cultivating Forgiveness: Reducing Hostility and Conflict After Divorce, 43 Wake Forest L. Rev. 441 (2008)
* The Story of the Holyfield Twins: Mississippi Band of Choctaw Indians v. Holyfield, in Family Law Stories (Carol Sanger ed., forthcoming 2007)
* Discouraging Racial Preferences in Adoptions, 39 U.C. Davis L. Rev. 1415 (2006)
* Deadbeat or Deadbroke: Redefining Child Support For Poor Fathers, 39 U.C. Davis L. Rev. 991 (2006)
* Beyond Economic Fatherhood: Encouraging Divorced Fathers to Parent, 153 U. Pa. L Rev. 921 (2005)

Posted by Daniel Solove at 07:07 PM | Comments (0) | TrackBack

Introducing Guest Blogger Chimène Keitner

I'm very pleased to introduce Professor Chimène Keitner, who will be guest blogging with us this month. Chimène is an Associate Professor of Law at UC Hastings where she teaches International Criminal Law, the Advanced International Law Research Seminar for students in the Hastings international law concentration, and Evidence. Chimène earned her bachelor's degree in history and literature at Harvard, her doctorate in international relations at Oxford, where she was a Rhodes Scholar, and her law degree at Yale. She came to Hastings after clerking for the Chief Justice of the Supreme Court of Canada and practicing law for several years at a plaintiffs' class action law firm in San Francisco.

Chimène's research focuses on the relationships among law, communities, and borders. Recent publications include:

* THE PARADOXES OF NATIONALISM: THE FRENCH REVOLUTION AND ITS MEANING FOR CONTEMPORARY NATION BUILDING (State Univ. of N.Y. Press 2007) (now available in paperback).
* Conceptualizing Complicity in Alien Tort Cases, 60 Hastings L.J. 101 (2008)

She has also recently written an issue brief for the American Constitution Society on the use of foreign and international law sources in constitutional interpretation She is currently working on an article entitled Rights Beyond Borders, which provides a conceptual framework for reasoning about the extraterritorial application of domestic rights regimes based on a comparative analysis of the jurisprudence of several national supreme courts. She will present an overview of this work at the AALS Annual Meeting as part of the New Voices panel organized by the Section on International Human Rights, which will take place in the Cardiff Room at the San Diego Marriott on January 7 from 2-5pm.

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Introducing Guest Blogger Tristin Green

I'm delighted to introduce Professor Tristin Green, who will be guest blogging with us this next month.

Tristin is a professor of law at Seton Hall Law School, and a former colleague. She's visiting this year at UC Berkeley Law School. Tristin’s scholarship focuses on employment discrimination. She is particularly interested in the intersection between organizational structures and individual biases and stereotypes and on the legal implications of understanding discrimination as a relational problem. Her work on a structural approach to employment discrimination law has appeared in the Harvard Civil Rights-Civil Liberties Law Review, the Fordham Law Review, and the Vanderbilt Law Review. Her scholarship on work culture and workplace assimilation demands has appeared in the California Law Review and the North Carolina Law Review. Her recent projects also include an article critiquing the Supreme Court’s decision in the controversial pay case, Ledbetter v. Goodyear, as evincing a conceptual shift toward insular individualism, Harvard Civil Rights-Civil Liberties Law Review (2008), a co-authored article with sociologist Alexandra Kalev, University of Arizona, on developing discrimination-reducing measures at the relational level, Hastings Law Review (2008), and an article focusing on bias in relations between workers accomplishing day-to-day tasks and the role of race and sex in decisions organizing work (and Title VII affirmative action law) in shaping those relations.

Recent publications include:
* Discrimination-Reducing Measures at the Relational Level, 59 HASTINGS L. J. 1435 (2008) (with Alexandra Kalev)
* Insular Individualism: Employment Discrimination Law After Ledbetter v. Goodyear, 43 HARV. C.R.-C.L. L. REV. 353 (2008)
* Discomfort at Work, 86 N.C. L. REV. 101 (2008)
* Work Culture and Discrimination, 93 CAL. L. REV. 623 (2005)

Posted by Daniel Solove at 07:02 PM | Comments (0) | TrackBack

Introducing Guest Blogger David Gray

I am delighted to introduce my colleague David Gray who will be guest blogging this month. David is newly appointed to the Faculty of the University of Maryland School of Law, where he teaches criminal law, criminal procedure, and seminars in jurisprudence and transitional justice. Immediately before joining Maryland, he spent a few years at Williams & Connolly in Washington, D.C., where most of his time was spent on white collar, criminal, professional liability, appellate, and plaintiffs’ civil rights litigation. Before his tenure at W & C, he was, in reverse chronological order, a Visiting Assistant Professor at Duke Law, clerk to The Hon. Chester J. Straub, and clerk to The Hon. Charles S. Haight, Jr. He received a JD Order of the Coif from the New York University School of Law, his MA and PhD in Philosophy from Northwestern University, and his BA from The University of Virginia.

David writes mainly on jurisprudential issues core to transitional justice debates , but he also dabbles in constitutional theory and international law . His current work focuses on reparations and prosecutorial ethics.

Recent publications include:

Why Justice Scalia Should Be a Constitutional Comparativist . . . Sometimes, 59 Stanford Law Review 1249 (2007).

Devilry, Complicity, and Greed: Transitional Justice and Odious Debt, Law & Contemporary Problems, Summer 2007, at 137.

An Excuse-Centered Approach to Transitional Justice, 74 Fordham Law Review 2621 (2006).

Rule Skepticism, “Strategery,” and the Limits of International Law, 46 Virginia Journal of International Law 563 (2006)

A Prayer for Constitutional Comparativism in Eighth Amendment Cases, 18 Federal Sentencing Reporter 237 (2006).

What’s So Special About Transitional Justice?, 100 American Society of International Law Proceedings 147 (2006).

Posted by Danielle_Citron at 08:47 PM | Comments (1) | TrackBack

Happy Hour at AALS

Please save the date -- January 8, 2009 at 9 PM. Our annual AALS happy hour will take place at the AALS conference in San Diego at a location that will be determined soon. Co-sponsors of the event are PrawfsBlawg and the Empirical Legal Studies Blog. And the first two hundred drinks are free, courtesy of Indiana University Maurer School of Law -- Bloomington. We thank the school in advance for its great generosity!

So please mark your calendars. Stay tuned for more information about the location. I look forward to seeing you in San Diego this January!

Posted by Daniel Solove at 02:33 AM | Comments (1) | TrackBack

ABA Journal's Top 100 Law Blogs

We're very honored that the ABA Journal has selected us again as one of its Top 100 law blogs. We were chosen last year as well, and we're delighted to remain on the list.

Posted by Daniel Solove at 01:01 AM | Comments (3) | TrackBack

Introducing Guest Blogger Shruti Rana

I am delighted to introduce my colleague Shruti Rana who will be guest blogging with us this month while she teaches in China. Professor Rana is an Assistant Professor of Law at the University of Maryland Law School, where she currently teaches Contracts and Comparative Commercial Law. In December 2008, she will be a visiting professor at the Central University of Economics and Finance in Beijing, China. She received her J.D. from Columbia Law School, an M.Sc. in International Relations from the London School of Economics, and her B.A. from the University of California, Berkeley. Prior to joining the University of Maryland, she was a Social Affairs Officer at the United Nations and practiced commercial and administrative law at Williams & Connolly LLP in Washington, D.C., and Quinn Emanuel LLP and Bingham McCutchen LLP in San Francisco, CA. She also clerked for the Hon. James R. Browning at the U.S. Court of Appeals for the Ninth Circuit.

Her research focuses on the intersection of administrative law and immigration policy, comparative approaches to credit regulation, and corporate accountability.

Some of Professor Rana's publications include:

"Streamlining" the Rule of Law: How the Department of Justice is Undermining Judicial Review of Agency Action, University of Illinois Law Review (forthcoming 2009).

From Making Money Without Doing Evil to Doing Good Without Handouts: The Google.org Experiment in Philanthropy, 3 Journal of Business & Technology Law 87 (2008).

Fulfilling Technology’s Promise: Enforcing the Rights of Women Caught in the Global High-Tech Underclass, 15 Berkeley Women’s L.J. 272 (2000), reprinted in Women, Science & Technology: A Reader in Feminist Science Studies (Mary Wyer et. al. eds., 2d ed. 2008).

Posted by Danielle_Citron at 01:55 AM | Comments (3) | TrackBack

Introducing Guest Blogger Brian Kalt

I'm delighted to introduce Professor Brian Kalt, who will be guest blogging with us this month.

Brian is an associate professor at Michigan State University College of Law, where he has taught since 2000. He teaches constitutional law, torts, and administrative law. He has also had visiting positions at the University of Ottawa and Vytautas Magnus University (in Kaunas, Lithuania).

Brian earned his A.B. in history at the University of Michigan. His honors thesis became a book, Sixties Sandstorm: The Fight over Establishment of a Sleeping Dunes National Lakeshore, 1961-1970. Brian got his J.D. at Yale, followed by a clerkship with Judge Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit, and a stint as an associate at Sidley & Austin in Washington, D.C.

His research interests are primarily in constitutional law, with emphasis on two separate areas. The first is how and where jurors are found. That interest led to his 2004 article, The Perfect Crime, which theorized that there is a 50-square mile swath of Idaho where one can commit crimes with impunity, and which was honored by the Green Bag in its first annual volume of "Exemplary Legal Writing."

Brian's second area of interest is structural constitutional standards for such things as pardons, impeachment, and presidential appointments.

He is currently finishing a book for Yale University Press (Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies) that explores some possible presidential constitutional controversies (self-pardons, prosecuting presidents, impeaching ex-presidents, loopholes in term limits, etc.), as well as the nature of such controversies in general.

Some of Brian's recent publications include:

* Tabloid Constitutionalism: How a Bill Doesn't Become a Law, 96 Geo. L.J. 1971 (2008).
* Keeping Tillman Adjournments in Their Place: A Rejoinder to Seth Barrett Tillman, 101 Nw. U. L. Rev. Colloquy 108 (2007)
* Keeping Recess Appointments in Their Place, 101 Nw. U. L. Rev. Colloquy 88 (2007)
* Crossing Eight Mile: Juries of the Vicinage and County-Line Criminal Buffer Statutes, 80 Wash. L. Rev. 271 (2005)
* The Perfect Crime, 93 Geo. L.J. 675 (2005).

He has also published a book, Sixties Sandstorm: The Fight over Establishment of a Sleeping Bear Dunes National Lakeshore, 1961-1970.

Posted by Daniel Solove at 12:30 AM | Comments (0) | TrackBack

Introducing Guest Blogger Paul Butler

I'm very pleased to announce that my colleague, Professor Paul Butler, will be guest blogging with us this month.

Paul is Associate Dean for Faculty Development and Carville Dickinson Benson Research Professor of Law at George Washington University Law School. Paul teaches in the areas of criminal law, civil rights, and jurisprudence. His scholarship has been published in the Yale Law Journal, Harvard Law Review, Stanford Law Review, and UCLA Law Review, among other places. He was awarded the Distinguished Faculty Service Award three times by the GW graduating class and has been a visiting professor at the University of Pennsylvania Law School. In 2003, he was elected to the American Law Institute. Paul’s scholarship has been the subject of much attention in the academic and popular media. He has authored chapters in several books, written a column for the Legal Times, and published numerous op-ed articles, including in the Los Angeles Times, the Washington Post, and Dallas Morning News. He lectures regularly for the ABA and the NAACP, and at colleges, law schools, and community organizations throughout the U.S.

Paul clerked for the Honorable Mary Johnson Lowe of the U.S. District Court in New York, and then joined the law firm of Williams & Connolly in Washington, D.C., where he specialized in white collar criminal defense and civil litigation. Following private practice, Paul served as a federal prosecutor with the U.S. Department of Justice, where his specialty was public corruption. His prosecutions included a U.S. Senator, three FBI agents, and several other law enforcement officials. While at the Department of Justice, Paul also served as a special assistant U.S. attorney, prosecuting drug and gun cases.

Paul blogs at BlackProf.

His recent publications include:
* When Judges Lie (and When They Should), 91 Minnesota Law Review 1785 (2007)
* Blogging at Blackprof, 84 Washington University Law Review 1101 (2006)
* Rehnquist, Racism, and Race Jurisprudence, 74 The George Washington Law Review 1019 (2006)
* Much Respect: Toward a Hip-Hop Theory of Punishment, 56 Stanford Law Review 983 (2004)

Additionally, he has a forthcoming book entitled Let's Get Free: A Hip-Hop Theory of Punishment.

Posted by Daniel Solove at 12:03 AM | Comments (0) | TrackBack

Introducing Guest Blogger Scott Moss

I'm very pleased to introduce Professor Scott Moss, who will be returning for a reprise guest visit.

Scott is an associate professor at the University of Colorado Law School. Previously, he taught at Marquette Law School. Scott received his J.D. from Harvard Law School, where he was an editor of the Harvard Civil Rights-Civil Liberties Law Review. He holds a B.A. in Economics and an M.A. in Media Studies from Stanford University. Scott clerked for U.S. District Judge Constance Baker Motley (S.D.N.Y.), and then worked as a plaintiff's employment lawyer in New York City at Outten & Golden LLP. He joined the Marquette faculty in 2004.

His fields of research are employment law, civil procedure (especially district court decision-making and rules), and constitutional law (mainly related to litigation strategy and judicial decision-making).

Some of Scott's publications include:

* Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics of Improving Discovery Timing in a Digital Age, 58 DUKE LAW JOURNAL ___ (early 2009)
* The Intriguing Federalist Future of Reproductive Rights, 88 BOSTON UNIVERSITY LAW REVIEW 175 (2008) (with Douglas M. Raines)
* Illuminating Secrecy: A New Economic Analysis of Confidential Settlements, 105 Mich. L. Rev. 867 (2007)
* Prisoners and Students and Workers – Oh, My! A Cautionary Note about Excessive Institutional Tailoring of First Amendment Doctrine, 54 UCLA LAW REVIEW 1635 (2007)
* Fighting Discrimination While Fighting Litigation: A Tale of Two Supreme Courts, 76 FORDHAM LAW REVIEW 981 (2007)

Posted by Daniel Solove at 12:02 AM | Comments (0) | TrackBack

Introducing Guest Blogger David Opderbeck

I'm very pleased to announce that Professor David Opderbeck will be joining us for a guest visit this month. David is an Associate Professor at Seton Hall University Law School. David graduated cum laude from Seton Hall Law School in 1991 and earned an LL.M. in Trade Regulation from New York University Law School in 1998. He previously was a Partner in the Intellectual Property / Trade Regulation group at McCarter & English, LLP, where he represented clients in the life sciences, consumer products, telecommunications, computer software, and other industries.

David's work focuses on the regulation of access to scientific and technological information. His recent articles have employed the tools of game theory, microeconomics, and statistical analysis to address issues such as intellectual property restrictions on essential medicines in developing countries, open source biotechnology, patent damages reform, and the interaction of law and social norms concerning music file sharing.

In addition to his traditional legal scholarship, David is interested in the philosophical and moral foundations of information policy and other aspects of the law. He has written on a virtue ethics approach to biotechnology law, and most recently has explored the philosophical aspects of information policy in an essay that seeks to apply a critical realist approach to the ontology of information. He is a principal organizer of a conference on “Religious Legal Theory: State of the Art” that will be held at Seton Hall Law School in 2009.

Some recent publications include:

* Patent Damages and the Shape of Patent Law, 89 BOSTON UNIVERSITY LAW REVIEW __ (2009) (forthcoming)
* Patents, Essential Medicines, and the Innovation Game, 58 VANDERBILT LAW REVIEW 501 (2005)
* Deconstructing Jefferson’s Candle: Towards a Critical Realist Approach to Cultural Environmentalism and Information Policy, 49 JURIMETRICS ___ (2009) (forthcoming)
* Peer-to-Peer Networks, Technological Darwinism, and Intellectual Property Reverse Private Attorney General Litigation, 20 BERKELEY TECHNOLOGY LAW J. 1 (2005)
* The Penguin’s Genome, or Coase and Open Source Biotechnology, 18 HARVARD JOURNAL OF LAW AND TECHNOLOGY 168 (2004)
* The Penguin’s Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Source, 18 STANFORD LAW & POLICY REV. 101 (2007)
* A Virtue Ethics Approach to the Biotechnology Commons (or, The Virtuous Penguin), 59 MAINE LAW REV. 316 (2007)

Posted by Daniel Solove at 12:00 AM | Comments (0) | TrackBack

Introducing Kristen Osenga

I am pleased to announce that Kristen Osenga will be joining us as a guest blogger this month.

Kristen teaches at the University of Richmond, School of Law. Kristen graduated from the University of Illinois College of Law, Magna Cum Laude. She is a member of the Order of the Coif and was notes editor on the University Of Illinois Journal Of Law, Technology & Policy. In addition she has an M.S., Electrical Engineering from Southern Illinois University (2001) a B.S.E., Electrical Engineering from the University of Iowa (1994). She teaches Patent Law; Trademark and Unfair Competition Law; International Intellectual Property.

Her publications include:

*Information May Want to Be Free, but Information Products Do Not: Protecting and Facilitating Transactions in Information Products, __ Cardozo Law Rev. ___ (forthcoming 2009)

*Ants, Elephant Guns, and Statutory Subject Matter, 39 Arizona State Law Journal 1087 ( 2007).

*Rembrandts in the Research Lab: Why Universities should Take a Lesson from Big Business to Increase Innovation, 59 Maine Law Review 407 (2007).

*Linguistics and Claim Construction, 38 Rutgers University Law Journal 61(2006).

*Entrance Ramps, Tolls, and Express Lanes – Proposals for Decreasing Traffic Congestion in the Patent Office, 33 Florida State University Law Review 119 (2005).

*Rethinking Reexamination Reform: Is it time for corrective surgery or is it time to amputate?, 14 Fordham Intellectual Property, Media, & Entertainment Law Journal 217 (2003).

Welcome, Kristen!

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Introducing Guest Blogger Jonathan Lipson

I'm pleased to be able to welcome Jonathan Lipson, my colleague at Temple, and noted bankruptcy scholar, as a guest blogger for the month of October. Regular readers will recognize him as our special Bear-bankruptcy-bailout correspondent. Regular readers might also notice that we've a large number of guests this month. Our evil plan is coming together quite nicely.

While he's not spending his time analyzing the bailout for you folks, Jonathan teaches commercial, corporate and bankruptcy law courses, including a deal-based simulation. His research focuses on the norms of non-bankruptcy responses to financial distress. His work includes analyses of secured financing of information technologies, asset securitization and similar transactions, directors' fiduciary duties to corporate creditors, and constitutional challenges in bankruptcy. He authored the first qualitative empirical study of third-party closing opinions, which was selected for presentation at the 2005 Yale/Stanford Junior Faculty Forum.

Prior to becoming a teacher, Professor Lipson practiced corporate and commercial law in Boston from 1995-1999, with the firm of Hill & Barlow. While in Boston, he was an Adjunct Professor of Law at Northeastern University. From 1992 to 1995, he practiced bankruptcy and commercial law in the New York office of Kirkland & Ellis. From 1990-1992, he practiced with Milbank, Tweed, Hadley & McCloy.

He is active with the Business Law Section of the American Bar Association, where he is Chair of the Publications Board and immediate past Co-Chair of the Committee on Business Law Education. In 2005, he was elected to membership in the American Law Institute. He has previously served as Chair of the Section on Commercial and Related Consumer Law of the American Association of Law Schools. He is a graduate of the University of Wisconsin, B.A., with honors (1986) & J.D. (1990), where he was a note editor of the Wisconsin Law Review.

He has authored over a dozen major articles, which have appeared in some of the nation's leading journals, including the UCLA Law Review, University of Southern California Law Review, Minnesota Law Review, Wisconsin Law Review, Washington University Law Quarterly, and the Ohio State Law Review. Among other projects, he is currently working on an empirical study of the use of examiners in Chapter 11 bankruptcies, and a book on constitutional issues in bankruptcy. He frequently speaks on these and related subjects, and has been interviewed and quoted in many of the nation's leading newspapers.

Welcome Jonathan!

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Introducing Guest Blogger Susan Scafidi

I am pleased to announce that Susan Scafidi of Counterfeit Chic fame will be joining us as a guest blogger this month.

Susan is the first U.S. law professor ever to offer a course in Fashion Law, and she has testified in Congress regarding the proposed extension of legal protection to fashion designs through the Design Piracy Prohibition Act. Her areas of expertise include intellectual property and cultural property. She is currently a visiting professor at Fordham Law School and formerly a tenured member of both the law and history faculties at SMU. In addition, Susan has taught at a number of other law schools, including most recently Yale and Georgetown. After attending Duke University and the Yale Law School, she pursued graduate study in legal history at Berkeley and the University of Chicago and clerked for Judge Morris S. Arnold of the Eighth Circuit Court of Appeals. Susan is the author of the book Who Owns Culture? Appropriation and Authenticity in American Law (2005). Her next book, on intellectual property and fashion design, is forthcoming from Yale University Press.

Posted by Deven_Desai at 02:08 AM | Comments (0) | TrackBack

Introducing Guest Blogger Howard Wasserman

I am pleased to announce that Howard Wasserman will be joining us as a guest blogger this month.

Howard teaches at Florida International University, College of Law. He graduated magna cum laude from the Northwestern University School of Law, where he was an associate articles editor of the Law Review and was named to the Order of the Coif. Following law school, he clerked for Chief Judge James T. Giles of the United States District Court for the Eastern District of Pennsylvania and Judge Jane R. Roth of the United States Court of Appeals for the Third Circuit. He also has been a visiting professor at Saint Louis University School of Law and Florida State University College of Law. Howard teaches civil procedure, evidence, federal courts, civil rights, and First Amendment. His scholarship focuses on the freedom of speech and on the role of procedural and jurisdictional rules in public-law and civil-rights litigation. He also blogs at PrawfsBlawg and at Sports-Law Blog and is a regular media commentator on issues related to sports and the law. Howard is a loyal Chicago Cubs fan.

His publications include:

*Orwell's Vision: Video and the Future of Civil Rights Enforcement, 68 Md. L. Rev. ___ (forthcoming 2009) (SSRN Link: )
*Video evidence and summary judgment: The procedure of Scott v. Harris, 91 Judicature 108 (2008)
*Jurisdiction, Merits, and Non-Extant Rights, 56 U. Kansas L. Rev. 227 (2008)
*Jurisdiction, Merits, and Procedure: Thoughts on a Trichotmy, 102 Nw. U. L. Rev. 1547 (2008)
*Jurisdiction, Merits, and Substantiality, 42 Tulsa L. Rev. 579 (2007) (in Review of 2005-06 Term of the Supreme Court of the United States)
* Bartnickia’s Lochner: Some Thoughts on First Amendment Lochnerism, 33 N. Ky. L. Rev. 421 (2006) (in First Amendment Lochnerism? Constitutional Limitations on Economic Regulation Of Communication, Technology, and Information Industries)
*Fans, Free Expression, and the Wide World of Sports, 67 U. Pitt. L. Rev. 525 (2006)
If You Build it, They Will Speak: Public Stadiums, Public Forums, and Free Speech 14 NINE: J. Baseball & Culture 15 (2006)
*Jurisdiction and Merits, 80 Wash. L. Rev. 643 (2005)
*Cheers, Profanity, and Free Speech, 31 J.C. & U.L. 377 (2005)
*Continuity of Congress: A Play in Three Stages, 53 Cath. U. L. Rev. 949 (2004)
*Symbolic Counter-Speech, 12 Wm. & Mary Bill Rts. J. 367 (2004)
*Civil Rights Plaintiffs and John Doe Defendants: A Study in § 1983 Procedure, 25 Cardozo L. Rev. 793 (2003)
*The Trouble With Shadow Government, 52 Emory L.J. 182 (2003)

Posted by Deven_Desai at 01:59 AM | Comments (0) | TrackBack

Introducing Guest Blogger Miriam Cherry

I'm very pleased to introduce Professor Miriam Cherry, who will be returning for a repeat guest visit with us this month.

Miriam is an associate professor at University of the Pacific – McGeorge School of Law. She teaches Employment Law, Business Associations, and Contracts, among other subjects. She received her B.A. from Dartmouth College and her J.D. from Harvard Law School.

Prior to entering law teaching, Miriam clerked for Justice Roderick Ireland of the Supreme Judicial Court of Massachusetts, and for Judge Gerald Heaney of the Eighth Circuit Court of Appeals. She was a corporate attorney at Foley Hoag in Boston, and, in the wake of Enron and Worldcom, litigated accounting fraud cases on behalf of pension funds at Berman DeValerio & Pease, also in Boston. She recently co-authored a book, Global Issues in Employment Law, along with Professor Samuel Estreicher.

Some of Miriam’s representative publications include:

* Prediction Markets and the First Amendment, 2008 U. ILLINOIS L. REV. 833 (2008) (with Robert L. Rogers)
* Tiresias and the Justices: Using Information Markets to Predict Supreme Court Decisions, 100 NORTHWESTERN UNIVERSITY L. REV. 1141 (2006) (with Robert L. Rogers).
* Decentering the Corporation: Using the Limited Liability Company to Organize Low Wage Immigrant Workers, 39 U.C. DAVIS L. REV. 787 (2006)
* Whistling in the Dark? Corporate Fraud, Whistleblowers, and the Implications of the Sarbanes-Oxley Act for Employment Law, 79 WASHINGTON L. REV. 1029 (2004).

More of her law review articles, including a piece about Sue the Tyrannasaurus can be found on her SSRN page.

Posted by Daniel Solove at 11:14 PM | Comments (0) | TrackBack

Introducing Guest Blogger Geoffrey Rapp

I'm pleased to welcome October guest-blogger Geoffrey Rapp.

Geoff is an Associate Professor at the University of Toledo College of Law, where is has taught since 2004. Geoff teaches and writes primarily in the areas of substantive tort law and business associations. He has also taught Sports Law, and is a permanent contributor to the Sports Law Blog. Before teaching, Geoff was an Associate at Miner, Barnhill & Galland in Chicago. He clerked for Judge Cornelia G. Kennedy on the U.S. Court of Appeals for the Sixth Circuit after graduating from Yale Law School and Harvard College. He was a Notes Editor on the Yale Law Journal.

Recent publications include:
* The Wreckage of Recklessness, 86 WASH. U. L. REV. (forthcoming 2008)
* Beyond Protection, 87 BOSTON U. L. REV. 91(2007)
* Gouging, 94 KENTUCKY L.J. 525 (2005-2006)

Posted by hoffman at 10:48 PM | Comments (0) | TrackBack

Introducing Guest Blogger Susan Kuo

I'm happy to welcome Susan Kuo, of South Carolina Law, as a guest-blogger this month.

Before joining the faculty at the University of South Carolina School of Law, Susan taught as an associate professor at Northern Illinois University College of Law, and as a visiting assistant professor at the University of Toledo College of Law. Her teaching areas include criminal law,criminal procedure, federal practice, conflict of laws, and race and the law. She has published articles on civil rights, privacy law and policy, and criminal law and procedure. Prior to entering into teaching, she was a Special Assistant United States Attorney with the United States Attorney's Office in Atlanta, Georgia. She also completed two judicial clerkships with the federal courts. She clerked for the Honorable Eugene E. Siler, Jr., United States Court of Appeals for the Sixth Circuit and served as a law clerk for the Honorable Robert H. Hall, United States District Court for the Northern District of Georgia.

Welcome Susan!

Posted by hoffman at 10:24 PM | Comments (0) | TrackBack

Introducing Guest Blogger Robert Ahdieh

I’m very pleased that Professor Robert (Bobby) Ahdieh, is returning for another guest visit with us. Bobby’s scholarship explores the distinct nature and role of law and regulation in the face of coordination game dynamics and tendencies toward coordination more generally. In transactional areas including corporate and securities law, international trade and finance, and contracts, he has focused particular attention on two categories of coordination-driven regulation. The first is what he terms “intersystemic governance” – intertwined regulatory regimes motivated by patterns of (transnational or subnational) jurisdictional overlap. In earlier work, and a book project titled The New Regulation, he also identities distinct occasions for regulatory intervention – and non-traditional regulatory forms – that arise from coordination game dynamics in standard-setting, network construction, and other areas of the modern industrial economy.

In 2008-08, Bobby is working on the latter project at the Institute for Advanced Study, in Princeton, while also visiting at Columbia in the fall and Georgetown in the spring. His permanent teaching position is at Emory Law School.

Bobby received his A.B., summa cum laude, from Princeton University’s Woodrow Wilson School of Public and International Affairs, and his J.D. from Yale Law School. While in law school, he published what remains one of the seminal treatments of the constitutional transformation of post-Soviet Russia: Russia's Constitutional Revolution - Legal Consciousness and the Transition to Democracy. He was also active in the Allard K. Lowenstein Human Rights Clinic, receiving the C. LaRue Munson Prize for his work on the Clinic’s Alien Tort Claims Act suit against Radovan Karadzic.

Following law school, Bobby did a clerkship with James R. Browning, of the United States Court of Appeals for the Ninth Circuit, during which he worked extensively on the Court’s resistance to efforts to split the circuit.

At Emory, Bobby directs the Center on Federalism and Intersystemic Governance. His courses include Contracts, Corporate Federalism, Comparative Law, International Trade Law, and Emerging Markets Law.

Bobby’s publications include:
* Russia’s Constitutional Revolution: Legal Consciousness and the Transition to Democracy (Penn State Press 1997)
* Trapped in Metaphor: The Limited Implications of Federalism for Corporate Governance, 77 Geo. Wash. L. Rev. (forthcoming 2009)
* Foreign Affairs, International Law, and the New Federalism: Lessons From Coordination, 73 Mo. L. Rev. (forthcoming 2008)
* From Federalism to Intersystemic Governance: The Changing Nature of Modern Jurisdiction, 57 Emory L.J. 1 (2007)
* Dialectical Regulation, 38 Conn. L. Rev. 863 (2006)
* The Strategy of Boilerplate, 104 Mich. L. Rev. 1033 (2006)
* From “Federalization” to “Mixed Governance” in Corporate Law: A Defense of Sarbanes-Oxley, 53 Buff. L. Rev. 721 (2005)

Posted by Daniel Solove at 10:51 PM | Comments (0) | TrackBack

Concurring Opinions Is Now Too Big To Fail

In light of Dan's recent post, it seems worthwhile to note that Concurring Opinions, like A.I.G. and Fannie Mae/Freddie Mac before it, is now too big too fail. We expect that should our blogging rate slow, or the general market conditions to lead to a run on our host, the Feds will step in ensure market stability.

Indeed, in light of our strict observation of our reporting requirements, we should say that we, like Warren Buffet, may seek further acquisitions and growth as a way to make it through this crisis.

Posted by hoffman at 02:57 PM | Comments (3) | TrackBack

Cunningham, Citron, and Ramji-Nogales Join Concurring Opinions

I'm delighted to announce that Lawrence Cunningham, Danielle Citron, and Jaya Ramji-Nogales are joining Concurring Opinions as permabloggers.

Larry is a professor of law at George Washington University Law School. He joined the GW in 2007, having previously taught for 6 years at Boston College (where he served a 2-year term as Academic Dean) and for 8 years at Cardozo. Larry writes extensively in corporate and securities law, with a special emphasis on law and accounting and investor perspectives. He teaches courses in those fields as well as contracts. He has published a dozen books and 35 law review articles.

Danielle is an Associate Professor at the University of Maryland School of Law. Danielle writes in the areas of information privacy law, cyberspace law, civil procedure and administrative law, with an emphasis on the legal issues surrounding the government’s reliance on information technologies. Her current work focuses on the Internet’s implications for civil rights.

Jaya is an Assistant Professor of Law at Temple University’s Beasley School of Law, where she teaches Civil Procedure, Evidence, Refugee Law and Policy, and Transitional Justice. Jaya's primary research interests concern procedural due process and the intersection of immigration and international human rights law. She has also been published in the area of transitional justice.

We're very excited to have Larry, Danielle, and Jaya join our blogging team here at Concurring Opinions!

Posted by Daniel Solove at 01:54 PM | Comments (5) | TrackBack

Introducing Guest Blogger Jaya Ramji-Nogales

I'm delighted to welcome my colleague Jaya Ramji-Nogales back as a returning guest blogger.

Jaya is an Assistant Professor of Law at Temple University’s Beasley School of Law, where she teaches Civil Procedure, Evidence, Refugee Law and Policy, and Transitional Justice. She received her BA with highest honors and distinction from the University of California at Berkeley; her JD from the Yale Law School; and her LLM with distinction from the Georgetown University Law Center. Before joining the Temple faculty, she taught at Georgetown both as a clinical fellow in the Center for Applied Legal Studies and as an adjunct professor, and was earlier a staff attorney at the American Civil Liberties Union in New York and an associate at the international law firm of Debevoise & Plimpton. Jaya was also awarded the Robert L. Bernstein Fellowship in International Human Rights to create a refugee law clinic at the University of the Witwatersrand in Johannesburg, South Africa.

Jaya's primary research interests concern procedural due process and the intersection of immigration and international human rights law. She has also been published in the area of transitional justice. She is a regular blogger on IntLawGrrls.

Her first time through at CoOp, Jaya blogged extensively on immigration and other topics, and we're really happy she agreed to come back to join us for the month. Welcome back!

Posted by hoffman at 01:00 AM | Comments (1) | TrackBack

With thanks

I am so grateful for the opportunity to join the CoOp chorus for September. I have long learned from the discussions here and hope to continue in that tradition. I will be posting about a variety of issues, including e-voting, automated systems, information privacy, cyberbullying, and e-Rulemaking. And with that, I am off to write my first post!

Posted by Danielle_Citron at 01:49 PM | Comments (0) | TrackBack

Introducing Guest Blogger Danielle Citron

I'm very pleased to introduce Professor Danielle Citron, who will be guest blogging with us this month.

Danielle Citron is an Associate Professor at the University of Maryland School of Law. Danielle writes in the areas of information privacy law, cyberspace law, civil procedure and administrative law, with an emphasis on the legal issues surrounding the government’s reliance on information technologies. Her current work focuses on the Internet’s implications for civil rights. She was voted the “Teacher of the Year” by the University of Maryland law school students in 2005.

Before teaching, Danielle was a litigation associate at Willkie, Farr & Gallagher where she served as a MFY Legal Services fellow. She also spent two years as a law clerk for the Honorable Mary Johnson Lowe of the United States District Court for the Southern District of New York. She received her B.A. cum laude from Duke University and obtained her law degree from Fordham Law School where she graduated Order of the Coif.

Some of her recent publications include:
* Open Code Governance, 16 U. CHI. LEGAL F. (forthcoming 2008)
* Technological Due Process, 85 WASH. U. L. REV. 1249 (2008)
* Reservoirs of Danger: The Evolution of Public and Private Law at the Dawn of the Information Age,
80 S. CAL. L. REV. 241 (2007)
* Minimum Contacts in a Borderless World: Voice over Internet Protocol and the Coming Implosion of Personal Jurisdiction Theory, 39 U.C. DAVIS L. REV. 1481 (2006)

Posted by Daniel Solove at 12:42 AM | Comments (2) | TrackBack

Introducing Guest Blogger Neil H. Buchanan

I'm very pleased to announce that my colleague, Professor Neil H. Buchanan will be joining us as a guest blogger this month.

Nei is an associate professor at George Washington University Law School. Prior to coming to GW, he taught at Rutgers-Newark School of Law and was a visiting professor at NYU School of Law. He received his J.D., magna cum laude, from the University of Michigan Law School in 2002, where he was elected to the Order of the Coif. After law school, he clerked for Judge Robert H. Henry on the U.S. Court of Appeals for the Tenth Circuit.

Prior to attending law school, Neil was an economics professor. He earned his M.A. and Ph.D. degrees from Harvard University, specializing in macroeconomics, the history of economic thought, and economic methodology. He received his B.A. from Vassar College, earning highest honors as an economics major. He has held full-time faculty positions in economics at the University of Michigan, the University of Wisconsin-Milwaukee, Barnard College, Goucher College, and Wellesley College. He also has held visiting or adjunct faculty positions in economics at Bard College, Towson University, the University of California at Berkeley, and the University of Utah. He has served as the director of the Center for Advanced Macroeconomic Policy in Milwaukee and as a research associate at the Levy Institute, a public policy think tank in Annandale-on-Hudson, New York.

Neil's current research concerns the long-term tax and spending patterns of the federal government, focusing on such issues as budget deficits, the national debt, and the long-run prospects for the Social Security system. He also is developing a long-term research project that asks how current policy choices should be shaped by concerns for the interests of future generations.

Neil blogs regularly for the legal blog, Dorf on Law.

His recent publications include:
* Social Security, Generational Justice, and Long-Term Deficits, 58 Tax L. Rev. 275 (Fall 2005)
* Social Security and Government Deficits: When Should We Worry? 92 Cornell L. Rev. 257 (2007)
* What Do We Owe Future Generations? 77 Geo. Wash. L. Rev. ___ (2009) (forthcoming)

Posted by Daniel Solove at 12:30 AM | Comments (0) | TrackBack

Introducing Guest Blogger Thomas Clancy

I'm delighted to that Professor Thomas Clancy will be joining us as a guest blogger this month.

Thomas is Director or the National Center for Justice and the Rule of Law (NCJRL) and Research Professor at the University of Mississippi School of Law. As the initial permanent Director of the NCJRL at Ole Miss, Thomas created the Center’s programs, which include: the Cyber Crime Initiative, which helps state governments through training and model programs designed to attack computer-related crime; the Fourth Amendment Initiative, which promotes awareness of search and seizure principles through conferences, training, and support for selected publications; the Prosecution Externship Program, which provides specialized course-work and real-world training for law students in the duties and responsibilities of prosecutors; and the Criminal Appeals Program, which provides law students with intensive training representing on appeal persons convicted of crimes.

In addition to Ole Miss, he has taught at the University of Baltimore School of Law, the University of Hawaii School of Law, the University of Maryland School of Law, the Washington College of Law at American University, and at Vermont Law School. His subjects have included Criminal Law, Criminal Procedure I & II, Fourth Amendment Seminar, Criminal Justice, and Constitutional Law. Thomas has more than 25 years of legal experience, including serving as Chief of the Post Conviction Unit in the State’s Attorney’s Office for Prince George’s County, Maryland and as an Assistant Attorney General for the State of Maryland in the Criminal Appeals Division. He has briefed and argued over 900 criminal appeals cases and has extensive trial and post conviction litigation experience. He has written more than a dozen articles devoted to the Fourth Amendment and is author of the treatise, The Fourth Amendment: Its History and Interpretation (Carolina Academic Press 2008). He lectures frequently at judicial, law enforcement, and other conferences on search and seizure, cybercrime, and other criminal law and procedure topics.

Thomas is a cum laude graduate of Vermont Law School and received his B.A. from the University of Notre Dame.

Recent and forthcoming publications include:
* The Fourth Amendment: Its History and Interpretation (Carolina Academic Press 2008)
* The Irrelevancy of the Fourth Amendment in the Roberts Court (forthcoming 2009)
* The Fourth Amendment as a Collective Right (forthcoming 2009)
* What Constitutes a Search within the Meaning of the Fourth Amendment, 70 ALBANY L. REV. 1 (2006)
* Hints of the Future?: John Roberts Jr.’s Fourth Amendment Cases as an Appellate Judge, 35 U. BALT. L. REV. 185 (2006)
* The Fourth Amendment Aspects of Computer Searches and Seizures: A Perspective and a Primer, 75 MISS. L.J. 193 (2005)
* The Fourth Amendment’s Concept of Reasonableness, 2004 UTAH. L. REV. 977 (2004)

Posted by Daniel Solove at 12:19 AM | Comments (0) | TrackBack

Introducing Guest Blogger Timothy Zick

I'm very pleased to announce that Professor Timothy Zick (William & Mary College of Law) will be doing a reprise guest blogging visit with us for the next month.

Tim graduated summa cum laude from Georgetown University Law Center in 1992, where he received the Francis E. Lucey, S.J., award for graduating first in his class. While at Georgetown, he was a Notes & Comments editor of the Georgetown Law Journal.

Following law school, Tim was an associate with the law firms of Williams & Connolly in Washington, D.C., and Foley Hoag in Boston. He clerked for the Honorable Levin H. Campbell of the United States Court of Appeals for the First Circuit. Tim also served as an attorney in the Federal Programs Branch of the United States Department of Justice. Tim joined the St. John’s University School of Law faculty in 2002, and was voted Professor of the Year by the students in 2006. He joined the faculty of William & Mary School of Law this fall. Tim’s scholarship focuses primarily on federalism and free speech. His book, Speech Out of Doors: Preserving First Amendment Liberties in Public Places, will be published by Cambridge University Press this fall.

In addition to the forthcoming book, Tim’s recent publications include:

* Constitutional Displacement, 86 Wash. U. L. Rev. __ (forthcoming, 2009)
* Clouds, Cameras, and Computers: The First Amendment and Networked Public Places, 50 Fla. L. Rev. 1 (2007)
* Speech and Spatial Tactics, 84 Tex. L. Rev. 581(2006)
* Space, Place, and Speech: The Expressive Topography, 74 Geo. Wash. L. J. 439 (2006)
* Are the States Sovereign?, 83 Wash. U. L.Q. 229 (2005)
* Statehood as The New Personhood: The Discovery of Fundamental "States' Rights," 46 Wm. & Mary L. Rev. 213 (2004)
* Cross Burning, Cockfighting, and Symbolic Meaning: Toward A First Amendment Ethnography, 45 Wm. & Mary L. Rev. 2261 (2004)

Posted by Daniel Solove at 12:09 AM | Comments (0) | TrackBack

Fallacies About Privacy

In today's Wall Street Journal, Gordon Crovitz has an op-ed arguing that we've gotten over privacy:

We seem to be following the advice of Scott McNealy, chairman of Sun Microsystems, who in 1999 said, "You have zero privacy anyway. Get over it." And the observation by Oracle CEO Larry Ellison: "The privacy you're concerned about is largely an illusion. All you have to give up is your illusions, not any of your privacy."

These comments could be dismissed as technology executives trying to minimize complaints about technology. But whatever we say about how much we value privacy, a close look at our actual behavior suggests we have gotten over it. A recent study by AOL of privacy in Britain found that 84% of people said they would not disclose details about their income online, but in fact 89% of them willingly did.

Crovitz makes a common argument -- that the fact that people express concern over their privacy but do little to protect it demonstrates that they could really care less about privacy. In my book, Understanding Privacy, I argue that this reasoning is flawed. People might be generally concerned about their privacy but not realize the specific ways that their personal information will be used when they give it out. People give out bits of data here and there, and each individual disclosure to one particular entity might be relatively innocuous. But when the data is combined, it starts to become a lot more telling about a person's tastes and habits.

Crovitz goes on to argue:

Amazon closely records our taste in books, Gmail scans our emails to deliver relevant ads, and electronic tolls track where we drive. Profiles on MySpace and Facebook are accessible, forever. . . .

Privacy remains a virtue, or at least we still say it does. But the balance has been tipped by other values, such as transparency, a free flow of information and physical security. We're in the early stages of adapting to more digital and visible lives, with privacy expectations better defined by what we do than by what we say.

The fact that entities have information about us doesn't mean that we don't view privacy as valuable. First of all, Crovitz assumes that privacy is about hiding away our information from everybody but ourselves. But this is a far too narrow way to understand privacy. In Understanding Privacy, I argue that "privacy" is not just one thing, but a group of related things. For example, there are many privacy problems that Crovitz overlooks in his analysis. It's true, for example, that Amazon records our tastes in books. I shop on Amazon.com and I like its book recommendation service. But does that mean that I don't care about my privacy? Far from it. I would be upset if Amazon kept the data insecure, if it didn't inform me of the data it had, if it disclosed it to the gover