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Category: Administrative Announcements

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Introducing Guest Blogger Michael Coenen

I am thrilled to welcome aboard Professor Michael Coenen as a guest blogger. Professor Coenen joined the LSU Law Center faculty in 2013, having previously served as a Climenko Fellow and Lecturer on Law at Harvard Law School. He holds an A.B. in Music froheadshot2m Princeton University, and a J.D. from Yale Law School, where he was an Articles Editor for the Yale Law Journal. After graduating from law school, he clerked for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit.

Michael teaches and writes in the areas of constitutional law, federal courts, criminal procedure, and administrative law.

His recent publications include:

Of Speech and Sanctions: Toward A Penalty-Sensitive Approach to the First Amendment, 112 Colum. L. Rev. 991 (2012)

Constitutional Privileging, 99 Va. L. Rev. 683 (2013)

Spillover Across Remedies, 98 Minn. L. Rev. 1211 (2014)

Rules Against Rulification, 124 Yale L.J. (forthcoming 2015).

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Dan Markel, My Friend

Dan Markel had many friends.  You, the reader, know that if you have been surfing the law professor blogosphere, which is full of tributes, notes of gratitude and sadness, and a residue of shock and disbelief.  Indeed, Dan Markel knew more legal academics - by which I mean he had more meaningful conversations and was actually friends with more people - than anyone in the country. Everyone knew him or had a story about him. Even in conversations he wasn’t a part of, at conferences he’d never attended, he was a common point of reference. He was our Kevin Bacon.

I’ve been friends with Dan since law school. He gave me comments on my first paper.  They were tough (“why are you writing a 25 page literature review that no one, including you, will care to read”) but right. And he gave me tough comments on my second paper. Again, he was right.  And my third paper. And my fourth. He didn’t stop when it became obvious that he was also giving hours of time weekly to literally dozens of other people’s work, when he was blessed with two young sons, when he built an active intellectual life at FSU, when he undertook a brutal travel schedule. He gave of himself despite writing scores of articles (and books and op-eds and drafts and more articles) of his own. His unselfishness and rigor were daunting. Where did he find the time? The energy?

But I couldn’t help but keep asking for his help, because no one gave comments like Dan Markel. He wanted to get your arguments right – and he wanted you to write the best version of yourself possible. On the Prawfs thread, I laughed to read a comment that someone can’t help but remember him asking if she had written a “puzzle paper or a problem paper.” Take heart! He thought the third option was not worth your effort. Dan never let you be lazy, and he was a celebrant when you hit a home run. Or even a double. And getting comments from Dan meant giving comments to Dan, which usually involved reading long articles with surprising payoffs, or getting an email and reading just a few pages where Dan had cited your work and wanted to be sure he’d done it justice. Dan attacked his own work like he worked on yours — unsentimentally, methodically, tirelessly, approaching greatness.

Dan reached out constantly.  As I wrote on twitter (which he hated and which he told me I was wasting my time on), in the 17th century, he’d have been Pepys.  In the 19th century, he’d have been a famous letter writer (and romantic poet!)  In the 20th century, he’d have spent most of his income on long-distance phone calls. As it was, I -and many others-got regular calls from him, resulting in a conversation on one of his long walks, or on the way to pick up his boys from day care, or just on a drive.  In each of those conversations he was open & seemingly without that part of our brains which says “don’t say that, it could be embarrassing; don’t admit that, I might make myself vulnerable.” He was wide open. In the last few years, he shared good and bad news alike, and there were times when he was so raw it hurt to listen to him. But those conversations were never monologues – even in the worst of times, Dan always asked about my family. He always strove to be a mensch.

Dan was a person of enormous seriousness and integrity, who cared deeply for his children and his friends. He was a world-builder without an obvious ideological agenda, unique among the hundreds of professors I’ve met in a decade of teaching. I’m so sorry he was taken from us so soon. And I’m so angry that that he died in a way so antithetical to the humane, intellectual, sensitive way that he lived.

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Introducing Guest Blogger Babak Siavoshy

I’m thrilled to welcome back as a guest blogger Babak Siavoshy, who is a Non-Resident Fellow at Georgetown’s Center on National Security and the Law, and a member of the Privacy and Civil Liberties team at Palantir Technologies.* Before joining Palantir, Babak was a fellow and supervising attorney at the Samuelson Law, Technology & Public Policy Clinic at the UC Berkeley School of Law, where he counseled public interest clients on digital civil liberties and intellectual property matters.

Prior to joining Berkeley Law, Babak worked on consumer privacy issues for California Attorney General Kamala Harris, and as an associate at O’Melveny & Myers LLP in Washington D.C. While at O’Melveny & Myers Babak co-wrote the Respondent’s merits brief before the Supreme Court in the GPS-tracking case United States v. Jones.

Babak served as a law clerk to the Honorable John T. Noonan, Jr., on the United States Court of Appeals for the Ninth Circuit in San Francisco. He is a graduate of UC Berkeley, earning bachelor’s degrees in English and in philosophy in 2004, and a law degree in 2008.

Babak blogs on law and technology issues here and here.

*Babak’s guest posts and academic work represent his own views, and not necessarily those of his employer.

 

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Introducing Guest Blogger Harry Surden

I’m thrilled to welcome aboard Professor Harry Surden who will be guest blogging with us. Professor Surden is an Associate Professor of Law at the University of Colorado Law School where he teaches intellectual property law and technology law. Professor Surden is a former software engineer, and as such, his research is focused at the intersection of law and technology. He writes about intellectual property law (with a substantive focus on patents and copyright), information privacy law, legal informatics and legal automation, and the application of computer technology within the legal system.

Prior to joining Colorado Law, Professor Surden was a resident fellow at the Stanford Center for Legal Informatics (CodeX) at Stanford Law School, and he is currently an affiliated faculty member at Stanford’s CSurdenHarryPhotoodeX center. He was previously a software engineer at Cisco Systems and Bloomberg Financial Markets. He holds a J.D, from Stanford Law School and a B.A. from Cornell University.

More information about Professor Surden can be found on his home page here, and his Twitter is @HarrySurden .

Professor Surden’s recent publications include:

Machine Learning and Law 89 Washington Law Review 87 (2014)

Technological Cost as Law in Intellectual Property 27 Harvard Journal of Law and Technology 135 (2013)

Computable Contracts 46 U.C. Davis Law Review 629 (2012)

Efficient Uncertainty in Patent Interpretation 68 Washington and Lee Law Review 1737 (2011)

Structural Rights in Privacy 60 SMU Law Review 1605 (2007)

 

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Introducing Guest Blogger Chrisopher Kuner

KunerI am pleased to welcome Dr. Christopher Kuner as a guest blogger. Chris is Senior Of Counsel with Wilson Sonsini Goodrich & Rosati in Brussels, and an Honorary Professor at the University of Copenhagen. He is also a Visiting Fellow in the law department of the London School of Economics, and an Honorary Fellow of the Centre for European Legal Studies, University of Cambridge. He is editor-in-chief of the law journal “International Data Privacy Law”, and has been active in international organizations such as the Council of Europe, the OECD, and UNCITRAL.

Some of his publications include:

Transborder Data Flows and Data Privacy Law (Oxford University Press 2013)

European Data Protection Law: Corporate Compliance and Regulation (2nd edition, Oxford University Press 2007)

Foreign Nationals and Data Protection Law: A Transatlantic Analysis”, in: Hielke Hijmans and Herke Kranenborg (eds), Data Protection Anno 2014: How to Restore Trust (intersentia 2014)

“The European Commission’s Proposed Data Protection Regulation: A Copernican Revolution in European Data Protection Law”, BNA Bloomberg Privacy and Security Law Report (2012) February 6 2012, pages 1-15

“Data Protection Law and International Jurisdiction on the Internet (Parts 1 and 2), 18 International Journal of Law and Information Technology (2010) 18(2) 176 and 18(3) 227

 

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Introducing Guest Blogger Brad Greenberg

I’m delighted to welcome aboard as a guest blogger Brad A. Greenberg who is the Intellectual Property Fellow at Columbia Law School’s Kernochan Center for Law, Media and the Arts and a Visiting Fellow at the Yale Information Society Project. He writes primarily about intellectual property and media law, with an emphasis on legal questions raised by new technologies; his scholarship draws on a previous career as a newspaper reporter. His current project, which Greenberg photorecasts technology neutrality as an at times undesirable, and often unachievable, feature of legislative drafting, explores why the 1976 Copyright Act has adapted so poorly to technological development.

His recent publications include

Copyright Trolls and Presumptively Fair Uses, 85 U. Colo. L. Rev. 53 (2014)

DOMA’s Ghost and Copyright Reversionary Interests, 108 Nw. U. L. Rev. 391 (2013)

The Federal Media Shield Folly, 91 Wash. U. L. Rev. 437 (2013)

More Than Just a Formality: Instant Authorship and Copyright’s Opt-Out Future in the Digital Age, 59 UCLA L. Rev. 1028 (2012)

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Introducing Guest Blogger Brishen Rogers

rogers_profileI’m delighted to welcome Brishen Rogers (Temple) as a guest blogger for the next month.  Brishen teaches torts, employment discrimination, and a seminar on current issues in labor law. Prior to joining the Temple faculty, Professor Rogers was a Climenko Fellow and Lecturer on Law at Harvard Law School.

Professor Rogers’ scholarship draws on the social sciences and liberal political theory to better understand the role of law in constituting and regulating paid work relationships, with a particular focus on issues of concern to low-wage workers.  One current project explores the role of law and social norms in shaping workers’ preferences towards unionization; another explores the proper role for minimum workplace entitlements in an egalitarian liberal state.  His work has been published in the Harvard Law Review Forum, and the Berkeley Journal of Employment and Labor Law, among others.

Professor Rogers received his J.D., cum laude, from Harvard Law School and his B.A., with high distinction from the University of Virginia.  Prior to law school, he worked as a community organizer promoting living wage policies and affordable housing, and spent several years organizing workers as part of SEIU’s “Justice for Janitors” campaign.  Welcome Brishen!

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Signing off

AFC-cover      Thanks to all for having me back to Concurring Opinions.  I’ve enjoyed the visit immensely.

During my stay, I blogged about the conception of my new book, America’s Forgotten Constitutions: Defiant Visions of Power and Community (Harvard, 2014).  I discussed ideas of constitutional formation and reorganization, alternative theories of popular consent, and certain black nationalists’ view of the Fourteenth Amendment (and even guns and self-defense).  I analyzed Cliven Bundy’s theory of rancher sovereignty, which is shared by many who rallied to his armed defense against the Bureau of Land Management (here and here).  I advocated the creation of a new national office, the Tribune of the People, whose sole responsibility would be defending civil and human rights. Finally, I discussed the Supreme Court’s recent decision on legislative prayer as an example of institutional withdrawal, as issues of prayer were thrown back to the hurly-burly of the public sphere.

News about America’s Forgotten Constitutions can be followed on my author’s page, book blog, facebook, or twitter.  On September 18, 2014, during the week celebrating the U.S. Constitution, I’ll be giving a noontime book talk and signing at the National Archives (more details later).  I hope to see you there.

I am working on a variety of other research projects, including books and papers exploring presidential leadership over individual rights, war-dependent forms of constitutional argumentation (to be published by Constitutional Commentary in the fall), and popular theories of law found in poetry and fiction (my latest, “‘Simple’ Takes On the Supreme Court” is hot off the press).  My papers can be downloaded here.

So long!

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Introducing Guest Blogger Meghan Ryan

I am thrilled to introduce Professor Meghan Ryan who will be guest blogging with us this month. Professor Ryan, who is Assistant Professor of Law at SMU, teaches and writes at the intersection of criminal law and procedure, torts, and law & science. Her current research focuses on the impact of evolving science, technology, and cultural values on criminal convictions and punishment, as well as on civil remedies.

Professor Ryan received her A.B., magna cum laude, in Chemistry from Harvard University in 2002. In 2005, she earned a J.D., magna cum laude, from the University of Minnesota Law School, where she was a member of the Order of the Coif and received the American Law Institute-American Bar Association Scholarship and Leadership Award. She was also a member of both the Minnesota Law Review and the Minnesota Journal of Global Trade.

After graduation, Professor Ryan clerked for the Honorable Roger L. Wollman of the United States Court of Appeals for the Eighth Circuit. She also worked as Prof Ryanan associate in the trial group at the Minneapolis-based law firm of Dorsey & Whitney LLP, where she focused her practice on commercial and intellectual property litigation, as well as on white collar defense and compliance. Additionally, Professor Ryan has conducted research in the areas of bioinorganic chemistry, molecular biology, and experimental therapeutics at the Mayo Clinic and the University of Minnesota. Prior to joining the SMU faculty, Professor Ryan was a Visiting Assistant Professor at the University of Minnesota Law School, where she taught Criminal Law, Criminal Process, and Sales.

Professor Ryan’s fascinating work includes:

Science and the New Rehabilitation (work in progress).

Juries and the Criminal Constitution, 65 Ala. L. Rev. __ (forthcoming 2014).

Finality and Rehabilitation, 3 Wake Forest J.L. & Pol’y __ (forthcoming 2014) (invited symposium contribution)

Death and Rehabilitation, 46 U.C. Davis L. Rev. 1231 (2013).

The Missing Jury: The Neglected Role of Juries in Eighth Amendment Punishments Clause Determinations, 64 Fla. L. Rev. 549 (2012).

Proximate Retribution, 48 Hous. L. Rev. 1049 (2012).

Remedying Wrongful Execution, 45 U. Mich. J.L. Reform 261 (2012).

Judging Cruelty, 44 U.C. Davis L. Rev. 81 (2010).

Does the Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel and Unusual?, 87 Wash. U. L. Rev. 567 (2010).

Does Stare Decisis Apply in the Eighth Amendment Death Penalty Context?, 85 N.C. L. Rev. 847 (2007).

Can the IRS Silence Religious Organizations?, 40 Ind. L. Rev. 73 (2007).

Role of Carboxylate Bridges in Modulating Nonheme Diiron(II)O2 Reactivity, 42 Inorganic Chemistry 7519 (2003) (with Miquel Costas, et al.).

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Introducing Guest Blogger Kathryn Fort

I am delighted to welcome Kathryn E. Fort who will be blogging with us this month. Ms. Fort is the Staff Attorney for the IndigenousKate 2 Law and Policy Center at Michigan State University College of Law. She joined the Center in 2005 as the Indigenous Law Fellow. In her role with the Center she teaches both an experiential learning class and traditional classes in federal Indian law, researches and writes on behalf of Center clients, and manages administrative aspects of the Center. She is also the director of the QUICWA Collaborative Court Monitoring Program for Oakland and Ingham Counties. Ms. Fort has written articles on laches and land claims, and the Indian Child Welfare Act. Her publications include articles in the George Mason Law Review, Saint Louis University Law Journal, and American Indian Law Review. She co-edited Facing the Future: The Indian Child Welfare Act at 30 with Wenona T. Singel and Matthew L.M. Fletcher (Michigan State University Press 2009). She also co-edits the popular and influential Indian law blog, TurtleTalk.

Ms. Fort graduated magna cum laude in from Michigan State University College of Law with the Certificate in Indigenous Law, and is licensed to practice law in Michigan. She received her B.A. in History with honors from Hollins University in Roanoke, Virginia.

Her recent publications include:

Tribal Disruption and Indian Claims (with Matthew Fletcher and Nicholas J. Reo), 112 Mich. L. Rev. First Impressions (2014)

The Vanishing Indian Returns: Tribes, Popular Originalism, and the Supreme Court, 57 St. Louis U. L.J. 297 (2013)

Indian Children and Their Guardians Ad Litem (with Matthew Fletcher), 95 Boston University Law Review Annex 59 (2013)

Waves of Education: Tribal-State Court Cooperation and the Indian Child Welfare Act, 47 Tulsa L. Rev. 529 (2012)

Disruption and Impossibility: New Laches and the Unfortunate Resolution of the Iroquois Land Claims in Federal Court, 11 Wyoming L. Rev. 375 (2011)

You can find her SSRN page here.