Archive for the ‘Administrative Announcements’ Category
Congratulations to New ALI Members, Including Dave Hoffman
posted by Frank Pasquale
I’m late to this, but just wanted to note that our own Dave Hoffman has been elected to the American Law Institute. This is a well-deserved honor. Dave’s scholarship and blogging is uniformly illuminating, and often challenges my preconceived notions. I don’t think many law profs can live up to the “Socratic” ideal we’re tasked with, but Dave often exemplifies it.
I was also happy to see leaders in the worlds of health law (Diane Hoffmann) and cyberlaw (Christopher Yoo) on the list, as well as all-around nice & insightful guy, Matt Bodie. Congrats to all!
December 12, 2011 at 1:24 pm
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Introducing Guest Blogger Nicole Huberfeld
posted by Solangel Maldonado
I am delighted to welcome Professor Nicole Huberfeld who will be blogging with us this month. Nicole is the Gallion & Baker Associate Professor of Law at the University of Kentucky College of Law and Bioethics A
ssociate at the University of Kentucky College of Medicine. Before joining the UK faculty in 2005, she was the Health Law Faculty Fellow at Seton Hall Law School. Nicole teaches structural constitutional law and a variety of healthcare law classes. Her scholarship focuses on the cross-section of constitutional law and federal healthcare programs with a particular interest in federalism and Spending Clause jurisprudence. Her article, Federalizing Medicaid, will be published this month in the University of Pennsylvania Journal of Constitutional Law. She has been the recipient of the Duncan Teaching Award, a nominee for the University of Kentucky Great Teacher Award, and a nominee for the ALI Young Scholars Medal. Prior to academic life, she practiced regulatory and transactional healthcare law in New York and New Jersey.
Nicole’s recent works include:
Post-Reform Medicaid before the Court: Tension between Reinvention and Path Dependence (forthcoming symposium issue, Annals Health L.)
Challenging the Stakeholders: A Review of Laura Katz Olson, The Politics Of Medicaid (forthcoming, J. Legal Med.)
Federalizing Medicaid, 14 U. Pa. J. Const. L. ___ (forthcoming 2011)
Conditional Spending and Compulsory Maternity, 2010 U. Ill. L. Rev. 751
Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements, 42 U.C. Davis L. Rev. 413 (2008)
Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs, 86 N.C. L. Rev. 441 (2008)
You can find Nicole’s SSRN author page here.
November 30, 2011 at 11:18 pm
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Introducing Guest Blogger Gilbert A. Holmes
posted by Solangel Maldonado
I am delighted to welcome Gilbert A. Holmes, Professor of Law and former Dean of the University of Baltimore School of Law, as a guest blogger. Professor Holmes joined the University o
f Baltimore School of Law in the summer of 2001, serving as Dean until 2007. He previously served on the faculty of Texas Wesleyan University School of Law, where he was associate dean for academic affairs and budget (1999-2001). Professor Holmes also served on the faculties of Southern Methodist Law School (1995-1996), and Seton Hall University School of Law (1990-1994). Professor Holmes’ principal teaching has been in family law, contracts, and property. He was twice named Day Division Teacher of the Year at Texas Wesleyan, and was nominated for Teacher of the Year by the Seton Hall Law Student Bar Association on three occasions.
Professor Holmes has published articles on a range of family law and constitutional issues in such journals as The Maryland Law Review, The University of Miami Law Review, Temple Law Review and the Texas Wesleyan Law Review, and has presented on a host of topics at conferences and symposia across the country. He is a member of the American Bar Association, the National Bar Association, and the Association of American Law Schools. He is admitted to practice in New York and before the United States District Court, Eastern and Southern Districts of New York, the United States Court of Appeals Second Circuit, and the United States Supreme Court.
Selected Publications
Conversations About the Intersecting Institutions of Marriage, 4 Texas Wesleyan L. Rev. 143 (1998)
The Extended Family System in the Black Community: A Child-Centered Model for Adoption Policy, 68 Temple L. Rev. 1649 (1995)
Student Initiated Prayer: Is It Speech or Religion, and Does it Matter Which, 49 U. Miami L. Rev 301 (1995)
The Tie That Binds: The Constitutional Right of Children to Maintain Relationships with Parent-Like Individuals, 53 Md. L. Rev. 358 (1994)
November 13, 2011 at 9:07 am
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(Re)Introducing Guest Blogger Jeffrey Kahn
posted by Danielle Citron
I am delighted to welcome back Professor Jeffrey Kahn, who will be guest blogging with us this month. During his last visit, Professor Kahn provided serious insight into national security concerns, and I’m excited to learn more about what he is up to. Professor Kahn just received tenure (congratulations, well deserved!) and a promotion to Associate Professor of Law at the SMU Dedman School of Law where he is also a Colin Powell Fellow at the John Goodwin Tower Center for Political Studies. He teaches and writes on American constitutional law, Russian law, human rights, and counterterrorism. In 2010, he received SMU’s Outstanding Faculty Award, a university-wide award given each year to a junior, tenure-track faculty member for excellence in teaching, curricular development, and scholarship. In 2011, he received the Law School’s Excellence in Teaching Award. He is also a member of the founding Advisory Board for the SMU Human Rights Education Program.
Prior to academia, Professor Kahn clerked in the Southern District of New York and then served as a trial attorney in the Department of Justice in Washington D.C. His first book, Federalism, Democratization, and the Rule of Law in Russia, was published by Oxford University Press. William Butler, reviewing the book for the Michigan Law Review book issue (100 Mich. L. Rev. 1444-52 (2002)) wrote: “… I have not seen a better account, or a more perceptive one, in any language. … Kahn’s study is the best and the most thoughtful account available of the early experience.” His second book, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists, will be published next year by the University of Michigan Press.
His recent scholarship includes:
International Travel and the U.S. Constitution, 56 UCLA Law Review 271-350 (2008).
Zoya’s Standing Problem, or, When Should the Constitution Follow the Flag? 108 Michigan Law Review 673-725 (2010).
No-Limit Texas Hold’em, or, The Voir Dire in Dallas County, 13 Green Bag 2d 383-97 (2010).
The Extraordinary Mrs. Shipley: How the United States Controlled International Travel before the Age of Terrorism, 43 Connecticut Law Review 819-888 (2011).
The Case of Colonel Abel, 5 Journal of National Security Law & Policy 263-301 (2011).
The Rule-of-Law Factor, in Institutions, Ideas and Leadership in Russian Politics 159-83 (J. Newton & Wm. Tompson eds., Palgrave Macmillan, 2010).
Adversarial Principles and the Case File in Russian Criminal Procedure, in Russia and the Council of Europe: Ten Years After 107-33 (K. Malfliet & S. Parmentier eds., Palgrave Macmillan, 2010).
Vladimir Putin & the Rule of Law in Russia, 36 Georgia Journal of International & Comparative Law 511-58 (2008) (quoted by name in a New York Times editorial, Russia’s Dictatorship of Law, Nov. 21, 2010).
October 31, 2011 at 6:33 pm
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Introducing Michael Zimmer
posted by Sarah Waldeck
I’m pleased to welcome Michael Zimmer back to Concurring Opinions. A professor of law at Loyola University Chicago, Mike is a widely recognized scholar in the areas of employment discrimination law, labor and employment law and constitutional law. He is also co-author of one of the first (and still the leading) employment discrimination casebooks as well as co-author of the first casebook on international and comparative employment law.
Mike received his A.B. and J.D. from Marquette University, where he was Editor in Chief of the Marquette Law Review. He also holds an LL.M from Columbia University, where he was named a James Kent Fellow. Following law school, he clerked for the Honorable Thomas E. Fairchild of the United States Court of Appeals for the Seventh Circuit and then served as an associate at Foley & Lardner in Milwaukee.
He began his law school teaching career at the University of South Carolina and he has taught at a number of law schools, most recently as a visiting professor of law at Northwestern University. He joined the Seton Hall University School of Law in 1978, served as Associate Dean from 1990 to 1994 and was on the faculty until 2008.
Welcome back, Mike!
October 31, 2011 at 11:28 am
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Introducing Guest Blogger Amanda Pustilnik
posted by Danielle Citron
I am thrilled to introduce my colleague Amanda C. Pustilnik who will be guest blogging with us this month. Before I get started on her formal introduction, I wanted to let our readers know that we are in for a serious intellectual treat. Professor Pustilnik has an ever-creative mind–her scholarship and thinking always teach me something fascinating. So here’s her background: Professor Pustilnik is an Assistant Professor of Law at the University of Maryland School of Law, where she teaches Criminal Law, Evidence, and Law & Neuroscience. Her current research includes work on models of mind in criminal law, evidentiary issues presented by neuroscientific work on memory, and the role of pain in different legal domains. Prior to joining the University of Maryland, she was a Climenko fellow and lecturer on law at Harvard Law School. Before entering the legal academy, she practiced litigation with Covington & Burling and with Sullivan & Cromwell, where she focused on white collar criminal matters. Professor Pustilnik also clerked for the Hon. Jose A. Cabranes on the United States Court of Appeals for the Second Circuit. She graduated Yale Law School and Harvard College, and has been a visiting scholar at the University of Cambridge, Emmanuel College, in the History and Philosophy of Science department. Professor Pustilnik has also worked at McKinsey & Company as a management consultant and is a member of the board of directors of the John Harvard Scholarships.
Her recent scholarship includes:
Pain as Fact and Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions of Law, 97 Cornell Law Review (forthcoming 2012).
Violence on the Brain: A Critique of Neuroscience in Criminal Law, 44 Wake Forest Law Review 183 (2009).
Prisons of the Mind: Social Value and Economic Inefficiency in the Criminal Justice Response to Mental Illness, 96 Journal of Criminal Law & Criminology 217 (2006).
Book Review, Broad, Deep & Indirect: The Potential Influence of Neuroscience in Law, 2 Biosocieties 357 (2006) (reviewing Michael S. Gazzaniga, The Ethical Brain (2006)).
September 30, 2011 at 6:20 pm
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Introducing Guest Blogger Jennifer Hendricks
posted by Solangel Maldonado
It is my pleasure to introduce Professor Jennifer Hendricks of the University of Tennessee College of Law as a guest blogger. Professor Hendrick teaches and writes about constitutional family law, gender, and federalism. The main focus of her current work is sex equality in parenting and reproduction. Her article Essentially a Mother, proposing a relationship model for pregnancy, won Honorable Mention in the AALS Scholarly Papers Competition in 2007. Her most recent work in this area, developing the relationship model as a woman-centered basis for a theory of reproductive and parenting rights, appears in the Harvard Civil Rights—Civil Liberties Law Review and in an international collection of feminist constitutional theory forthcoming from Cambridge University Press. Professor Hendricks has also written about topics ranging from preemption of tort claims to reform of the electoral college.
Professor Hendricks received her J.D. magna cum laude from Harvard; clerked on the Sixth Circuit Court of Appeals; and practiced law in Helena, Montana, where she specialized in constitutional, employment, and discrimination cases. In her practice, she successfully challenged illegal voter-redistricting and vote-counting, helped high school girls win equal sports opportunities, won access to government documents for reporters and private citizens, and defended several newspapers and ESPN against defamation claims. She also represented victims of harassment and discrimination on the basis of sex and sexual orientation. She received her B.A. with honors in mathematics and women’s studies from Swarthmore College.
Her recent publications include:
In Defense of the Substance–Procedure Dichotomy, 89 WASH. U. L. REV. _ (forthcoming 2011) (Selected for the University of Illinois Junior Faculty Federal Courts Workshop).
Teaching Values, Teaching Stereotypes: Sex Ed and Indoctrination in Public Schools (with Dawn Howerton), 13 U. PENN. J. CONST. L. 589 (2011).
Pregnancy, Equality, and the U.S. Constitution, in FEMINIST CONSTITUTIONALISM (Beverly Baines, Daphne Barak-Erez & Tsvi Kahana eds., Cambridge University Press, forthcoming 2011).
Teaching Controversial Topics (with Beth Burkstrand- Reid and June Carbone), 49 FAM. CT. REV. _ (forthcoming 2011).
Converging Trajectories: Interest Convergence, Justice Kennedy, and Jeannie Suk’s “Trajectory of Trauma,” 110 COLUM. L. REV. SIDEBAR 63 (2010), reprinted in WOMEN AND THE LAW (Tracy Thomas, ed., West 2011).
Body and Soul: Pregnancy, Equality, and the Unitary Right to Abortion, 45 HARV. C.R.–C.L. L. REV. 329 (2010).
Contingent Equal Protection: Reaching for Equality After Ricci and PICS, 16 MICH. J. GENDER & L. 397 (2010).
You can find her author page here.
September 30, 2011 at 2:02 pm
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Introducing Guest Blogger Margaret Lewis
posted by Solangel Maldonado
I am delighted to welcome my colleague, Professor Margaret Lewis, who will be blogging with us this month. Professor Lewis’s research focuses on the intersection of Chinese legal studies with criminal procedure, criminal law, and international law. She joined Seton Hall Law School as an Associate Professor in 2009.
Professor Lewis is a Public Intellectuals Program Fellow with the National Committee on U.S.-China Relations and travels frequently to Asia. Her recent publications have appeared in the NYU Journal of International Law and Politics, Columbia Journal of Asian Law, and Virginia Journal of International Law.
Most recently before joining Seton Hall, Professor Lewis served as a Senior Research Fellow at NYU School of Law’s U.S.-Asia Law Institute where she worked on criminal justice reforms in China. Following graduation from law school, she worked as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton in New York City. She then served as a law clerk for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit in San Diego. After clerking, she returned to NYU School of Law and was awarded a Furman Fellowship.
Professor Lewis received her J.D., magna cum laude, from NYU School of Law, where she was inducted into the Order of the Coif and was a member of Law Review. She received her B.A., summa cum laude, from Columbia University and also studied at the Hopkins-Nanjing Center for Chinese and American Studies in Nanjing, China.
Her recent publications include:
Presuming Innocence, or Corruption, in China, 50 Colum. J. Transnat’l L. __ (forthcoming 2012)
Controlling Abuse to Maintain Control: The Exclusionary Rule in China, 43 N.Y.U. J. Int’l L. & Pol. 629 (2011) (awarded Jerome A. Cohen Prize for International Law and East Asia)
The Tension Between Leniency and Severity in China’s Death Penalty Debate, 24 Colum. J. Asian L. __ (forthcoming 2011) (invited submission)
The Enduring Importance of Police Repression: Laojiao, the Rule of Law and Taiwan’s Alternative Evolution, in The Impact of China’s 1989 Tiananmen Massacre (co-authored with Jerome A. Cohen) (Routledge, 2010)
Taiwan’s New Adversarial System and the Overlooked Challenge of Efficiency-Driven Reforms, 49 Va. J. Int’l L. 651 (2009)
China’s Implementation of the United Nations Convention against Transnational Organized Crime, Asian J. of Criminology, Vol. 2, No. 2 (2007)
You can find Professor Lewis’s SSRN Author page here
September 30, 2011 at 1:39 pm
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Introducing Guest Blogger Timothy Zick
posted by Danielle Citron
I am thrilled to welcome back Professor Timothy Zick as a guest blogger. Tim is Professor of Law and Cabell Research Professor of Law at William & Mary Law School, where he has taught since 2008. After graduating summa cum laude from Georgetown University Law Center, Professor Zick 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. He also served as an attorney in the Federal Programs Branch of the United States Department of Justice. 
Professor Zick’s recent scholarship focuses primarily on freedom of speech. His first book, Speech Out of Doors: Preserving First Amendment Liberties in Public Places, was published by Cambridge University Press in 2009. It is a superb book and our blog featured a Bright Ideas post on it, see here. His second book, The Cosmopolitan First Amendment, is under contract with Cambridge University Press.
Tim’s recent publications include:
Falsely Shouting Fire in a Global Theater: Emerging Complexities of Trans-Border Expression, 65 Vand. L. Rev. ____ (forthcoming 2012).
The First Amendment in Trans-Border Perspective: Toward a More Cosmopolitan Orientation, 52 B.C. L. Rev. 941 (2011) (to be reprinted in First Amendment Law Handbook: 2010-2011 Edition (Rodney A. Smolla ed., Thompson/West 2011)).
Property As/And Constitutional Settlement, 104 Nw. U. L. Rev. 1361 (2010). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1493220
Symposium, Summum, the Vocality of Public Places, and the Public Forum, 2010 BYU L. Rev. 2203.
Territoriality and the First Amendment: Free Speech At — And Beyond — Our Borders, 85 Notre Dame L. Rev. 1543 (2010).
September 1, 2011 at 6:00 am
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Introducing Guest Blogger Olivier Sylvain
posted by Danielle Citron
I’m thrilled to welcome Professor Olivier Sylvain who will be guest blogging with us this month. Professor Sylvain is an Associate Professor of Law at Fordham University School of Law. His academic interests include the public lawmaking processes generally and communications law and policy in particular. He teaches telecommunications law, Internet law, and administrative law. He is also a Research Associate at the Donald McGannon Communication Research Center at Fordham. 
Before teaching, Professor Sylvain was a litigation associate in the Washington, D.C. office of Jenner & Block, LLC where he worked on a variety of constitutional law and telecommunications related matters. Before Jenner, he was the Marvin Karpatkin Fellow in the National Legal Office of the AmericanCivil Liberties Union.
Professor Sylvain’s recent scholarship includes:
Internet Governance and Democratic Legitimacy, Federal Communications Law Journal, Vol. 62, No. 2 (2010)
Domesticating “the Great, Throbbing, Common Pulse of America”: A Study of the Ideological Origins of the Radio Act of 1927 (2010) (dissertation)
Contingency and the “Networked Information Economy”: A Critique of the
“Wealth of Networks, The International Journal of Technology, Knowledge and Society, Volume 4, Issue 3 (2008), pp.203-210.
September 1, 2011 at 5:59 am
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Introducing Guest Blogger Corey Rayburn Yung
posted by Daniel Solove
I’m delighted to introduce Professor Corey Rayburn Yung who will be joining us for a reprise guest visit.
Corey is an associate professor of law at John Marshall Law School in Chicago. He is a Visiting Professor at University of Kansas School of Law during the Fall and will be visiting at the University of Iowa College of Law in the Spring.
He joined the John Marshall faculty there in 2007 and teaches Criminal Law, Criminal Procedure, Federal Courts, and a Sex Crimes Seminar. His scholarship is focused on sex crimes and judicial decision-making. His work related to sex offenders has been cited by federal courts and, in particular, the United States Supreme Court majority opinion in Kennedy v. Louisiana. In regards to judicial decision-making, he is currently in the midst of a series of empirical studies of judges on the United States Courts of Appeals based upon a unique dataset that he has constructed.
His recent publications include:
* Beyond Ideology: An Empirical Study of Partisanship and Independence in the Federal Courts, 80 George Washington Law Review (forthcoming 2012)
* Flexing Judicial Muscle: An Empirical Study of Judicial Activism in the Federal Courts, 105 Northwestern University Law Review 1 (2011)
* Judged by the Company You Keep: An Empirical Study of the Ideologies of Judges on the United States Courts of Appeals, 51 Boston College Law Review 1 (2010)
* The Emerging Criminal War on Sex Offenders, 45 Harvard Civil Rights – Civil Liberties Law Review 435 (2010)
August 28, 2011 at 6:54 pm
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Introducing Guest Blogger Matt Lister
posted by Danielle Citron
I am delighted to introduce Matt Lister who will be guest blogging with us this month. Many of us have gotten to know Professor Lister through his superb comments on our blog, and we are thrilled to have him aboard. Professor Lister is currently a visiting assistant professor at Villanova University School of Law. Before starting at Villanova, he was a Sharswood Fellow in Law and Philosophy at Penn Law and clerked on the U.S. Court of International Trade for (now Chief) Judge Donald C. Pogue. He earned his JD and PhD (in Philosophy) from Penn. Before attending Penn, he was a Peace Corps volunteer in Russia. Professor Lister writes on legal and political philosophy, immigration law, and international law, including international economic law, and has a side interest in criminal law theory.
Some of his recent articles include:
“Are Institutions and Empiricism Enough? A Review of Allen Buchanan, _Human Rights, Legitimacy, and the Use of Force” (forthcoming in Transnational Legal Theory)
“Immigration, Association, and the Family,”29 LAW & PHILOSOPHY 717 (2010)
“Citizenship, in the Immigration Context,” MARYLAND LAW REVIEW 175 (2010)
“The Legitimating Role of Consent in International Law,” 11 CHICAGO JOURNAL OF INTERNATIONAL LAW 663 (2011)
Review of Gerald Gaus’s book, _The Order of Public Reason: A Theory of Freedom and Morality in a Diverse and Bounded World_, for the Notre Dame Philosophical Reviews.
August 5, 2011 at 8:47 am
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Welcome Guest Blogger David Schraub
posted by Dave Hoffman
I’m pleased to welcome David Schraub as a guest blogger for the month. David 
received his B.A., magna cum laude, from Carleton College and his J.D., with high honors, from the University of Chicago Law School, where he was Articles Editor on the University of Chicago Law Review. For the 2011-12 academic year, he will serve as Visiting Assistant Professor at the University of Illinois College of Law.
David’s most recent publications are The Price of Victory: Political Triumphs and Judicial Protection in the Gay Rights Movement, 77 U. Chi. L. Rev. 1437 (2010) and The Perils and Promise of the Holder Memo, 2012 Cardozo L. Rev. En Banc (forthcoming). His current projects include Sticky Slopes, which won the Casper Platt Award for Most Outstanding Paper at the University of Chicago, and Post-Racialism and the End of Strict Scrutiny. Though a relative novice in the world of legal academia, David is a long-time denizen of the blogosphere, writing at The Debate Link since 2004.
David’s research focuses on constitutional law, anti-discrimination law, identity politics, and anti-Semitism.
July 31, 2011 at 2:00 pm
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Introducing Guest Blogger Ryan Calo
posted by Danielle Citron
I’m delighted to introduce Ryan Calo who will be guest blogging with us in the month of August. No doubt, our readers are familiar with Calo’s work and ideas. We have featured his original work in our Bright Ideas segments and our posts (and here). We feel lucky to have him aboard. Calo is the research director for privacy and robotics at Stanford Law School’s Center for Internet and Society. Calo’s research and teaching interests include privacy, administrative law, intellectual property, and cyberlaw. His most recent project attempts to resuscitate mandatory notice as a regulatory strategy in the context of consumer protection.
Calo is a frequent commenter on privacy, Internet law, and the legal issues surrounding driverless cars, drones, and other robotic technologies. His work has appeared in major news outlets, including the Wall Street Journal, the New York Times, and NPR. He co-chairs (with Matthew Henshon) the American Bar Association’s Committee on Artificial Intelligence and Robotics.
Calo received his JD cum laude from Michigan Law School and his AB in Philosophy from Dartmouth College. Prior to joining Stanford Law School in 2008, he worked as an associate in the D.C. office of Covington & Burling, LLP and clerked for the Honorable R. Guy Cole, Jr. on the United States Court of Appeals for the Sixth Circuit.
Some of Calo’s recent publications are:
Against Notice Skepticism, 87 Notre Dame Law Review (forthcoming 2012)
The Boundaries of Privacy Harm, 86 Indiana Law Journal 1131 (2011)
Open Robotics, 70 Maryland Law Review 571 (2011)
People Can Be So Fake, 114 Penn State Law Review 809 (2010)
July 31, 2011 at 9:49 am
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Exciting Upcoming Symposium on Jack Balkin’s Constitutional Redemption
posted by Danielle Citron
We are thrilled to announce that in early August we will hold an online symposium on Jack Balkin’s book Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press 2011). From August 1 to August 4, an all-star cast of constitutional scholars will join our crew to discuss Balkin’s important book, including:
Emily Zackin
The Concurring Opinions crew plans on joining the discussion, including Lawrence Cunningham, Gerard Magliocca, Frank Pasquale, and Daniel Solove. I’m hoping this post gives you a chance to read Professor Balkin’s book. Constitutional Redemption is a rewarding read. It builds on themes of faith, narrative, and redemption, arguing that what makes the U.S. Constitution legitimate is our enduring faith that the Constitution’s promises can someday be redeemed, that our constitutional system will be made a “more perfect union.” As Harvard Press’ description of the book explains:
Balkin argues eloquently that the American constitutional project is based in faith, hope, and a narrative of shared redemption. Our belief that the Constitution will deliver us from evil shows in the stories we tell one another about where our country came from and where it is headed, and in the way we use these historical touchstones to justify our fervent (and opposed) political creeds. Because Americans have believed in a story of constitutional redemption, we have assumed the right to decide for ourselves what the Constitution means, and have worked to persuade others to set it on the right path. As a result, constitutional principles have often shifted dramatically over time. They are, in fact, often political compromises in disguise.
What will such a Constitution become? We cannot know. But our belief in the legitimacy of the Constitution requires a leap of faith—a gamble on the ultimate vindication of a political project that has already survived many follies and near-catastrophes, and whose destiny is still over the horizon.
Constitutional fidelity recognizes that we are imperfect, that interpretations can be evil, but that our faith, our bet, in its possibilities is worth it. It’s a brilliant book, one that reminds me of Antoine de Saint-Exupery’s Wind, Sand, and Stars when he writes (I’m paraphrasing here) that love does not consist of gazing into each other’s eyes but outward together in the same higher effort. In this way, the Constitutional project is a leap of faith of citizens gazing outward, but bound and building on the past, in the same higher effort of a more perfect union. Read it and we will be back for more in August.
July 20, 2011 at 9:59 am
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Introducing Marc Roark
posted by Sarah Waldeck
I’m a beat late on this introduction, since Professor Marc Roark has been visiting with us since July 1. We are very happy to have him aboard!
Marc has been a professor at University of La Verne since July 2009. A graduate of Loyola University New Orleans (JD 2002) and Duke University (LLM 2006), Marc teaches Property, Secured Transactions, Payment Systems, Law and Literature, and Law and Religion. Marc has published articles in the Cincinnati Law Review, Duke Law and Tech Review, Louisiana Law Review,and Loyola Law Review, amongst others. Marc previously taught at the University of Tulsa College of Law and the University of Missouri-Columbia College of Law.
Marc is currently working on projects involving mobile money transactions under U.S. Payments Systems policy, entitlement shifting in the UCC, and a qualitative analysis of space allocation in legal and nonlegal settings. He is interested in the expanding universe of technology and commerce, especially uses for his new iPad.
Marc’s recent publications include:
Limited Sales Warranties as an Alternative to Intellectual Property: An Empirical Analysis of the Deterrent impact on consumers of the I-Phone Warranties, Duke L & Tech. Rev. (Fall 2010).
Groping Along Between Things Real and Things Personal: Defining Fixtures in law and Policy in the UCC, 78 U. Cincinnati L. Rev. 1437 (2010)
The Real Property Interest in the UCC: Fixtures and Encumbrances, 42 UCC L. J. 197 (2010).
Loneliness and the Law: Solitude Action and Power in Law and Literature, 55 Loy. L. Rev 45 (2009).
July 2, 2011 at 6:37 pm
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July’s a Lucky Month
posted by Danielle Citron
Knowing this will please readers, I wanted to share the news that Josh Blackman and Ari Waldman have kindly agreed to continue blogging in July. They’ve been fantastic guests and we’re so happy they will be joining Dave Fagundes and Helen Norton for the month.
July 1, 2011 at 11:00 am
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Introducing Guest Blogger David Fagundes
posted by Danielle Citron
I’m delighted to introduce Professor David Fagundes 
who will be guest blogging with us in July. Professor Fagundes’ research and teaching interests cover a variety of property law issues, including copyright, real property and trademark. His most recent work examines the extralegal regulation of roller derby pseudonyms in order to investigate how and why some close-knit groups use norms rather than formal law to govern the intangible goods they generate.
His recent publications include:
Talk Derby to Me: Emergent Intellectual Property Norms Governing Roller Derby Pseudonyms, Texas L. Rev. (forthcoming 2011).
Property Rhetoric and the Public Domain, Minnesota L. Rev. (2010).
Crystals in the Public Domain, B.C. L. Rev. (2009).
State Actors as First Amendment Speakers, Northwestern L. Rev. (2006)
June 30, 2011 at 8:56 pm
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Welcoming Back Professor Helen Norton
posted by Danielle Citron
We’re excited to welcome back Professor Helen Norton as a guest blogger. Our blog has featured Professor Norton’s important work and ideas on the First Amendment and civil rights (among others) on many occasions and we’re excited to have her aboard in July. Professor Norton is the incoming Associate Dean of Research and Associate Professor at University of Colorado Law School where she received the Excellence in Teaching Award in 2008, 2009, and 2011. Before joining Colorado’s faculty, she served as a visiting professor at the University of Maryland School of Law, where she was honored as 2007 Outstanding Teacher of the Year, and as the E. George Rudolph Distinguished Visiting Chair at the University of Wyoming College of Law.
She holds a J.D. from Boalt Hall School of Law at the University of California at Berkeley, where she served as Associate Editor of the California Law Review, and a B.A. from Stanford University, where she graduated with distinction. Her scholarly and teaching interests include constitutional law, employment discrimination, employment law, and torts. She has testified before both houses of Congress on civil rights law and policy issues, and served as the lead agency reviewer for the Equal Employment Opportunity Commission as
part of the 2008 Presidential Transition.
Before entering academia, she served as Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice, where she managed the Civil Rights Division’s Employment Litigation, Educational Opportunities, and Coordination and Review Sections, and as Director of Legal and Public Policy at the National Partnership for Women & Families, where she practiced appellate litigation and engaged in administrative and legislative advocacy on arange of employment and civil rights matters.
Her most recent work includes:
Campaign Speech Law With a Twist: When Government is the Speaker, Not the Regulator, 61 EMORY L.J. (forthcoming 2011).
Intermediaries and Hate Speech: Fostering Digital Citizenship for the Information Age, 91 BOSTON U. L. REV. (forthcoming July 2011) (with Danielle Keats Citron).
TheSupreme Court’s Post-Racial Turn Towards a Zero-Sum Understanding of Equality, 52 WILLIAM & MARY L. REV. 197 (2010).
Government Speech 2.0., 87 DENV. U. L. REV. 899 (2010) (with Danielle Keats Citron).
Constraining Public Employee Speech: Government’s Control of Its Workers’ Speech to Protect Its Own Expression, 59 DUKE L.J. 1 (2009).
The Measure of Government Speech: Identifying Expression’s Source, 88 BOSTON U. L. REV. (2008).
June 30, 2011 at 8:05 pm
Posted in: Administrative Announcements
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Call for Papers: Dodd-Frank
posted by Lawrence Cunningham
Call for Papers:
Financial Institutions and Consumer Financial Services Section
AALS Annual Meeting – January 2012
Rubber Hits Road: Implementing Dodd-Frank amid Reform Fatigue
This program will take place one and a half years after the Dodd-Frank Act was signed into law. The law left many of the details of financial reform to be filled in by regulators, raising the risk of capture. Some of the most important rule makings have begun in earnest; others have stalled as reform fatigue sets in. Meanwhile, reform efforts in Europe and international regulatory initiatives remain works-in-progress.
What lessons can we draw from the implementation of Dodd-Frank so far? What have been the greatest achievements and the greatest disappointments as the legislative process has given way to the administrative? What devils have lain hidden in the details of the Federal Register? What aspects of reform have been largely forgotten? What does the path of financial reform say about legislative and regulatory process? What lessons can be drawn from the reform efforts in Europe and elsewhere? Does the focus on regulating institutions detract from a focus on regulating financial instruments, markets or economic functions and risks?
More ominously, is the crisis truly over? Are we at grave risk of fighting the last war? Has reform missed the mark altogether? This meeting is part of a project to engage the legal academy in sustained theoretical and policy contributions to financial regulation. It also presents an opportunity to look at specific rulemakings in detail, as well as to address larger questions about the course of reform after laws are made.
Call for papers:
Law teachers and other scholars are invited to submit manuscripts or abstracts dealing with any aspect of the foregoing topics. Junior faculty members are particularly encouraged to submit manuscripts or abstracts. A review committee consisting of Section officers will select one or more papers or proposals and will invite the author(s) of each selected submission to present their work at the program session in Washington, D.C. in January 2012.
Abstracts should be comprehensive enough to allow the review committee to meaningfully evaluate the aims and likely content of papers they propose. Please send manuscripts or abstracts to the Program Chair (Erik Gerding, University of Colorado) at profgerding@gmail.com no later than August 30, 2010. Please place the name and contact information of authors only on the cover page of submissions.
Please forward this Call for Papers to anyone who might be interested.
June 15, 2011 at 7:54 am
Posted in: Administrative Announcements, Conferences, Corporate Finance, Corporate Law, Current Events, Securities, Securities Regulation
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