Category: Administrative Announcements

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Managing Collateral Negative Consequences

Arden Rowell asks about how the economic dynamic approach would take into account tradeoffs as it manages change over time. The book eschews the term “tradeoff” in favor of a more limited concept, “collateral negative consequences.” (p. 70). This shift was intentional, meant to emphasize that society’s commitment to avoiding systemic risk should be just that, a commitment. Therefore, the primary question governments should ask in seeking to avoid systemic risk is which measures will do so effectively. (pp. 69-70). Democracies often make a concrete normative commitment to avoiding systemic risk, just as we make a commitment to free speech. The very idea of commitment means that we must take the steps needed to meet the commitment, even if they are costly to us. Therefore, I reject the concept of tradeoffs as a signal for some kind of optimization exercise that ignores normative commitments in favor of a more subtle concept of addressing collateral negative consequences that seeks to take certain qualitative detriments of actions addressing systemic risk into account without weakening our commitment to this goal.

The idea of commitment implies that the question of how much investment should we make to avoid systemic risk is not the right question to ask. It’s a little like asking how much investment should we make in our marriage. It’s not unbounded, but basically we try to do what is necessary to make the marriage work.

Having said that, the book, as Arden notes, does not eschew consideration of collateral negative consequences. Here are some of the principles stated in the book:

  1. If one has two efficacious means of avoiding a systemic risk, choose one avoiding  negative collateral    consequences if possible.  (p. 70)
  2. Use narrow exceptions to legal rules where possible to avoid collateral negative consequences when implementing an efficacious means of avoiding systemic risk. (p. 71)
  3. If all efficacious means have serious negative collateral consequences, make value choices about which collateral consequences we most wish to avoid in choosing a set of efficacious means. (p. 70)
  4. If necessary to avoid a systemic risk, one must forego an economic opportunity, that’s ok. If we avoid systemic risks, new opportunities will arise. (p. 72).
  5. Avoid measures that would not leave open a reasonably robust set of economic opportunities. (p. 72).
  6. If the only measure avoiding systemic risk creates a systemic risk, avoid the systemic risk most likely to arise. (p. 72). Read More
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Introducing Christine Corcos

Corcos 01I’m very pleased to announce that Professor Christine Corcos will be keeping us updated regularly about Law & Humanities as well as Media Law.

Christine is the Richard C. Cadwallader Associate Professor of Law at the Louisiana State University Law Center and a member of the Women’s and Gender Studies Faculty at Louisiana State University A&M. She is the co-author of La Politique du Logement aux Etats-Unis (1999), the author of An International Guide to Law and Literature Studies (Hein, 2000) and editor of Law and Magic: A Collection of Essays (Carolina Academic Press 2010). She has written numerous law review articles and essays including George Carlin, Constitutional Law Scholar, and Visits to a Small Planet: Rights Talk in Some Science Fiction Film and Television Series From the 1950s to the 1990s, for the Stetson Law Review, Some Thoughts on Chuck Lorre, “Bad Words,” and the “Raging Paranoia of Our Network Censors,” in the Regent Law Review, From Agnatic Succession to Absolute Primogeniture: The Shift to Equal Rights of Succession to Thrones and Titles in the Modern European Constitutional Monarchy, for the Michigan State Law Review, an essay on the tv show Damages for the collection Lawyers in Your Living Room (ABA, 2009), Prosecutors and Psychics on the Air: Does a “Psychic Detective Effect” Exist for the collection Law and Justice on the Small Screen (Hart Publishing, 2012), and Magical Images in Law for the collection Explorations in Courtroom Discourse (Ashgate, 2011). She is currently doing some writing in the area of law and religion, particularly on the First Amendment, Spiritualism, and “crafty sciences.”

She is a co-author of several casebooks, including Theater Law (Carolina Academic Press, 2004), Law and Popular Culture (2d ed., LEXIS Publishing, 2012), and Law of the European Union: A New Constitutional Order (2d ed., Carolina Academic Press, 2013). She is Secretary/Treasurer of the Law and Humanities Institute and a member of the Board of Editors of the International Journal for the Semiotics of Law. She also blogs at Media Law Prof Blog, the Law and Magic Blog, the Law and Humanities Blog (for the Law and Humanities Institute) and Feminist Law Professors.

She speaks frequently to the media on media law and law and popular culture.

Areas of interest: First Amendment, Freedom of Expression, Law and Religion, Legal History (including Women’s Legal History), Law and Popular Culture

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Call for Abstracts: The Taslitz Galaxy

I ordinarily don’t post calls for abstracts, but I’ll make an exception for this event to honor the life and work of Andrew Taslitz.  Andy’s work was creative and interdisciplinary; he saw things in ways that nobody else did, and his works were filled with insight.  He was also a wonderfully warm and kind person.  His untimely passing is such a devastating loss, not just for the scholarly community, but also because he was such a generous and genuine friend to so many people, including me.  I will miss him greatly.

CALL FOR ABSTRACTS

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The Taslitz Galaxy: A Gathering of Scholars at Howard

Howard University School of Law is hosting a conference in honor of Andrew Taslitz. It is not a traditional symposium, for we expect concurrent sessions on many subjects. It is open to people who knew Taz and to those who were inspired by his writing or teaching.

If you would like to take part in this event, please submit an abstract by May 30, 2014 to the co-chairs named below. The conference is free but speakers must pay their own way.

Howard Law Journal is dedicating an issue to Professor Taslitz. If you would like to write a short piece for this issue, let us know when you submit your abstract. First drafts of the paper will be due on August 15, 2014.

GUIDELINES FOR SPEAKING  & WRITTEN ESSAYS

  • The Essays will be short, with a maximum of 10,000 words, including footnotes.
  • We are dividing the proposals into two tracks. The first track involves speaking &/or writing on substantive issues. The second track we are calling “The Tao of Taz,” a more personal approach. Both options are explained below.
  • You may suggest a panel for the gathering.

Read More

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Introducing the Legal Roundup Project

I’m pleased to announce the launch of our Legal Roundup Project.  The goal of the Legal Roundup Project is for Concurring Opinions to become a central hub where people can learn about the highlights of different fields.

We have invited academics in a variety of fields to post roundups of key scholarship, cases, events, news, and developments in their fields.  Far too often, we can get so immersed in our own fields that we might miss out on useful ideas, debates, developments, cases, and scholarship in other fields.

We have asked participating scholars to focus on the developments and scholarship in their field that would be most relevant and interesting for everyone, not just to write primarily for others in their field.

Over the next few months, we plan to expand the project to cover more fields.  We hope that you will find the Legal Roundup Project to be useful and interesting.

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Welcoming Back Guest Blogger Ryan Calo!

I’m thrilled to welcome back Professor Ryan Calo whose work on robotics, information privacy, and cyber law is as creative asCaloRyan it is cutting-edge. Professor Calo is an Assistant Professor of Law at the University of Washington and the inaugural faculty director of the Tech Policy Lab, an interdisciplinary research group that bridges the School of Law, Information School, and Computer Science and Engineering. He is also an affiliate scholar at the Stanford Law School Center for Internet and Society. Presentations over the last year include testifying before the United States Senate on the domestic use of drones and participating in the Federal Trade Commission workshop on the Internet of Things. His current project seeks to bridge cyberlaw with robotics.

His most recent publications include:

Ryan Calo, Digital Market Manipulation, 82 Geo. Wash. L. Rev. (forthcoming 2014)

Ryan Calo, Code, Nudge, or Notice?, 99 Iowa L. Rev. 773 (2014)

Welcome back, Ryan!

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Job Opportunity: Associate Dean, GW Law’s Econ/Finance Program

The George Washington University Law School seeks an Associate Dean and Program Director for its Center for Law, Economics & Finance (C-LEAF). C-LEAF is a think tank within the Law School, designed as a focal point in Washington, DC, for the study and debate of major issues in economic and financial law confronting the United States and the global community.

Minimum Qualifications: Master’s degree in an appropriate area of specialization and a minimum of 5-7 years of professional or administrative experience. An advanced degree  and experience in legal education is highly preferred.  Extensive knowledge and understanding of business and finance law policy. Previous experience in program administration and fund raising is essential.

To apply, please visit The George Washington University employment site, posting number 003171.

Deadline for applications is March 30, 2014.

The George Washington University is an Equal Employment Opportunity/Affirmative Action Employer.

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Welcome to Ron Collins

Collins-Ron 02I’m delighted to announce that Ron Collins will be posting here on a regular basis.  Ron is the Harold S. Shefelman scholar at the University of Washington Law School and a senior fellow at the Newseum’s First Amendment Center in Washington, D.C. He was a Supreme Court Fellow in 1982-83 under Chief Justice Warren Burger and a law clerk to Oregon Supreme Court Justice Hans Linde. He is the book editor at SCOTUSblog.

Collins is the author, co-author, or editor of several books including: When Money Speaks: The McCutcheon Case, Campaign Financing Laws, and The First Amendment (e-book, Spring, 2014) Ÿ On Dissent: Its Meaning in America (Cambridge, 2013) Ÿ Mania: The Story of the Outraged & Outrageous Lives that Launched a Cultural Revolution (Top-Five Books, 2013) Ÿ Nuance Absolutism: Floyd Abrams & the First Amendment (Carolina Academic Press, 2013) Ÿ We Must not be Afraid to be Free (Oxford, 2011) Ÿ The Fundamental Holmes (Cambridge, 2010) Ÿ The Trials of Lenny Bruce (Sourcebooks, 2002, 2012) Ÿ and  Constitutional Government in America (Carolina Academic Press, 1980). He has authored over 60 scholarly articles including publications in Harvard Law Review Ÿ Stanford Law Review Ÿ Supreme Court Review Ÿ Michigan Law Review Ÿ Texas Law Review Ÿ Duke Law Journal Ÿ and the Southern California Law Review. He has also authored over 250 articles in the popular press including articles in the New York Times Ÿ Washington Post Ÿ Los Angeles Times Ÿ and The Nation.

In 2003, Collins and others successfully petitioned the governor of New York to posthumously pardon Lenny Bruce. In 2010, Collins was a fellow in residence at the Norman Mailer Writers Colony in Provincetown, Massachusetts. In 2011 he received the Supreme Court Fellow’s Administration of Justice award “in recognition of his scholarly and professional achievements in advancing the rule of law.” And in 2012, the American Society of Legal Writers awarded him a Scribes Book Award (bronze) for We Must not be Afraid to be Free.

His areas of interest are First Amendment law, constitutional law, legal history, and jurisprudence.

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Introducing Margaret K. Lewis

Maggie LewisMaggie Lewis joined Seton Hall Law School as an Associate Professor in 2009. She is a Term Member of the Council on Foreign Relations, a Public Intellectuals Program Fellow with the National Committee on U.S.-China Relations, and an Affiliated Scholar of NYU School of Law’s U.S.-Asia Law Institute. Her recent publications have appeared in the Columbia Journal of Transnational Law, NYU Journal of International Law and Politics, Columbia Journal of Asian Law, and Virginia Journal of International Law. She is also the co-author of the book Challenge to China: How Taiwan Abolished Its Version of Re-Education Through Labor with Jerome A. Cohen.  You can read some of Maggie’s work here.

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.

Welcome, Maggie!

 

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Introducing Guest Blogger Margaret Hu

I am delighted to introduce Professor Margaret Hu who will be guest blogging with us this month. I’ve blogged about her superb work here, and it is such a honor to have her aboard.

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Professor Hu is an Assistant Professor of Law at Washington and Lee University School of Law, and joined the faculty in 2013. Her research interests include the intersection of immigration policy, national security, cybersurveillance, and civil rights.  Previously, she served as senior policy advisor for the White House Initiative on Asian Americans and Pacific Islanders, and also served as special policy counsel in the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, in Washington, D.C. Professor Hu’s work has been published in the Indiana Law Journal and the U.C. Davis Law Review.
Professor Hu holds a B.A. from the University of Kansas and a J.D. from Duke Law School. She is a Truman Scholar and a Foreign Language Area Studies Scholar. She clerked for Judge Rosemary Barkett on the U.S. Court of Appeals, Eleventh Circuit, and subsequently joined the U.S. Department of Justice through the Attorney General’s Honors Program.
Here are links to her work: