Category: Administrative Announcements

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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.

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Welcome Back, Professor Robert Tsai

rtsaiIt is with great pleasure that I re-introduce Professor Robert Tsai. Robert has blogged with us before, and we are lucky to have him back to blog about his work, ideas, and I hope his new book America’s Forgotten Constitutions: Defiant Visions of Power and Community. I met Robert when we are at Yale Law School together. He was sharp and engaged then and has not slowed down since. He has held two clerkships — Hugh H. Bownes, U.S. Court of Appeals for the First Circuit, and Denny Chin, U.S. District Court for the Southern District of New York. He has litigated constitutional issues before federal and state courts. As a professor his papers have twice been selected for the Stanford-Yale Junior Faculty Forum: once in constitutional theory and once in constitutional history. Professor Tsai began his academic career at the University of Oregon and then joined the law faculty of American University in 2008 and was promoted to full professor the following year. Welcome back, Robert.

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Welcoming Back Jeffrey Kahn to the Blog

This month, we are lucky to have Professor Jeffrey Kahn back with us for another guest blogging stint. Professor Kahn joined the SMU Law faculty in Fall 2006.  He teaches and writes on American constitutional law, Russian law, human rights, and counterterrorism.  In 2007-2008, he received the Maguire Teaching Fellow Award from the Cary M. Maguire Center for Ethics and Public Responsibility at SMU for his seminar, “Perspectives on Counterterrorism.”  In 2008-2009, he was named a Colin Powell Fellow of the John Goodwin Tower Center for Political Studies. In 2010, he received SMU’s Outstanding Faculty Award, a university-wide award given each year to a junior, tenurefaculty-kahn-track faculty member for excellence in teaching, curricular development, and scholarship.  In 2011, the year he was tenured and promoted to associate professor, he received the Law School’s Excellence in Teaching Award.

His latest research on U.S. legal topics focuses on the right to travel and national security law.  His most recent book, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists(University of Michigan Press, 2013), critically examines the U.S. Government’s No Fly List.  Among other publications, his articles have appeared in the UCLA Law ReviewMichigan Law Review, and the peer-reviewed Journal of National Security Law and Policy.

Professor Kahn has been incredibly busy since his last guest visit. This past fall, he was the third O’Brien Fellow-in-Residence at the Centre for Human Rights and Legal Pluralism at McGill University’s Faculty of Law.  This semester, he is a Visiting Professor at Washington & Lee School of Law. Professor Kahn recently served as a testifying expert witness in the first federal trial of the constitutionality of the No Fly List and federal watchlist system.  The plaintiff, Rahinah Ibrahim, won the bench trial and the Justice Department decided not to appeal (having lost two prior appeals in the case to the Ninth Circuit). The paperback edition of his book on terrorist watchlists, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists(University of Michigan Press, 2013), is scheduled for release later this spring.

Professor Kahn’s latest work is a contribution forthcoming in a title in Springer’s Ius Gentium series edited by ABA President James Silkenat.  The essay evaluates Russian rule-of-law shortcomings through the lens of my experience as one of the experts selected by former Russian Constitutional Court Justice Tamara Morshchakova to contribute a report on the conviction of Russian oil oligarch Mikhail Khodorkovsky, who was recently released.