Category: Administrative Announcements


enjoyed the visit


Since I’ve already overstayed my announced visit of a couple of weeks, I figure it’s time to go before I wear out my welcome. It’s been fun commenting on such diverse issues as images of property in landscape art, legal realism and fashion consulting, the Ann Coulter Talking Doll, 1950s and 2000s conservatism, the history of the book, state funding for preservation of cemeteries, and even a few unexpected topics–like suggestions for US News’ ranking system, horror movie director Wes Craven’s insights for law professors, the intellectual origins of Roe v. Wade in, of all places, Tuscaloosa, and Fanny and Ralph Ellison. Of course, nothing gets attention like navel-gazing, so I shouldn’t be surprised that the post that generated the most attention (not much competition here, really) was on the implications of law review citations for law school rankings.

I’d hoped to comment a little on recent articles (like Kenneth Mack’s brilliant article on “Civil Rights Lawyering and Politics Before Brown“) and books in legal history, though my day job interfered with putting us as many posts as I’d hoped. So let me put in a brief mention for a wonderful book, which I recently read: Laura Kalman’s Yale Law School and the Sixties.

Read More


Introducing Guest Blogger Greg Lastowka

greg-lastowka.bmpWe’re extremely fortunate to have Greg Lastowka visit here with us for the next few weeks.

Greg is an Assistant Professor of Law at Rutgers School of Law-Camden. He earned his B.A. from Yale College and his J.D. from the University of Virginia Law School. Before entering the legal academy, he clerked for the Honorable Walter K. Stapleton of the Federal Court of Appeals for the Third Circuit and practiced intellectual property and technology litigation at Dechert LLP. His recent articles include Amateur-to-Amateur, 46 William & Mary Law Review 951 (2005); The Trademark Function of Authorship, 85 Boston University Law Review 1117 (2005). To read more of his articles, click here.

We’re delighted about Greg’s visit. Please give him a warm welcome.


Introducing Guest Blogger Jason Mazzone

jasonmazzone.jpgIt is my pleasure to introduce Jason Mazzone, who will be visiting with us for the next few weeks.

Jason is an Assistant Professor at Brooklyn Law School where he teaches Constitutional Law and American Legal History. His recent works include The Security Constitution, 53 UCLA Law Review 29 (2005); Unamendments, 90 Iowa Law Review 1747 (2005); and Copyfraud, forthcoming in the New York University Law Review. He is a graduate of Harvard College and Harvard Law School and he received his doctorate from Yale Law School in 2003. He is revising his dissertation, “Organizing the Republic: Civic Associations and American Constitutionalism, 1780-1830,” for publication as a book. He was born and grew up in Tasmania.

You can read more of Jason’s articles by clicking here.

We’re extremely excited about Jason’s visit. Welcome aboard Jason!


Going Commercial

fortune500.jpgWe are considering going commercial here at Concurring Opinions. In other words, we’re thinking about having advertisements.

Here are some of the issues we’re facing:

1. When we start using ads, we become a commercial blog. This might give rise to greater risks of defamation and copyright lawsuits. Will we become a larger target? While defamation is not a big concern considering what we post about, copyright could be. Indeed, bloggers often quote liberally and use images from around the Internet. As guest blogger Joe Liu aptly noted: “Fair use is notoriously fuzzy.” The norms of the blogosphere thus far seem to be informal — if people have a problem with a blogger quoting too liberally or with the use of an image, they email the blogger to take it down. When a blog goes commercial, however, will this lead to the use of lawsuits instead?

2. Right now, we’re just a bunch of folks blogging together without much of a formal agreement. If we go commercial, should we form a more formal arrangement? We might form a partnership, LLC, or some other type of corporation. If we do create a more formal arrangement, what’s the best type?

3. Are there other prudential considerations that we need to think about? Starting a blog is so easy and informal, but when it becomes a for-profit enterprise, things could potentially change. Or maybe not. We just don’t know.

These are some of the considerations we’re thinking about. If you have any thoughts on the issue, we’d appreciate your opinion.

UPDATE: Mike at Crime and Federalism has some interesting thoughts about the issue here and here.


Introducing Guest Blogger Al Brophy

brophy.jpgFor the next few weeks, Al Brophy will be guest blogging with us.

Al is a professor of law at the University of Alabama, where he teaches property, wills, and remedies. He is also the book reviews editor of Law and History Review.

His recent work includes Reconstructing the Dreamland: The Tulsa Riot of 1921-Race, Reparations, Reconciliation (Oxford University Press, 2002) and Reparations Pro and Con (forthcoming Oxford University Press, 2006).

His current research involves legal thought in the Progressive era and moral and legal thought in the old South.

We’re very excited to have Al here as a guest.


A Warm Welcome to David Hoffman

hoffman2.jpgI am delighted to announce that Professor David Hoffman will be joining us from PrawfsBlawg. Dave teaches at Temple University’s Beasley School of Law. He teaches contracts, law and economics, and business associations.

His most recent scholarship has focused on empirical and behavioral investigations of corporate and securities law. His recent articles include: The ‘Duty’ To Be a Rational Shareholder, 90 Minn. L. Rev. (forthcoming 2005), Nullificatory Juries, 2003 Wisc. L. Rev. 1115 (with Kaimipono Wenger), How Relevant is Jury Rationality?, 2003 U. Ill. L. Rev. 507, and Can Law and Economics Be Both Practical and Principled?, 53 Ala. L. Rev. 335 (2002) (with Michael O’Shea).

His topics of interest are behavioral law and economics, securities law, dispute resolution, corporate law, legal theory, and empirical studies.

We’re absolutely thrilled to have Dave on board!


Introducing Guest Blogger Joseph Liu

liu.jpgFor the next few weeks, Professor Joseph Liu from Boston College Law School will be visiting with us. His interests include intellectual property, copyright, trademark, property, Internet law, and software law.

Joe graduated from Columbia Law School, where he was the Editor-in-Chief of the Columbia Law Review. He subsequently received an LLM from Harvard Law School. He clerked for The Honorable Levin H. Campbell on the U.S. Court of Appeals for the 1st Circuit, practiced at Foley, Hoag & Eliot in Boston, Massachusetts, and then began teaching at Boston College Law School in 2001.

A few of his recent articles include:


Copyright, 83 N.C. L. Rev. 87 (2004),

The DMCA and

the Regulation of Scientific Research, 17 Berkeley Tech. L.J. 501 (2003),


Law’s Theory of the Consumer, 44 B.C. L. Rev. 397 (2003),  and


and Time: A Proposal, 101 Mich. L. Rev. 409 (2002).

We’re delighted to have Joe visit with us.


Juris Novus

jurisnovus.jpgWe are pleased to announce that Concurring Opinions is now a feed on the terrific resource site, Juris Novus. Juris Novus is now posting links to the headlines of our most recent postings.

Juris Novus also contains the headlines of postings at some other great legal blogs such as The Volokh Conspiracy, Leiter Reports, Lessig Blog, The Becker-Posner Blog, PrawfsBlawg, Conglomerate, JD2B, and more.

Juris Novus is part of the Meta Novus network, a group of sites that provide headlines from blogs about law (Juris Novus), technology (Machina Novus), politics (Polis Novus), science (Scientia Novus), and more. These are very useful sites, and they are definitely worth visiting.


Yet Another New Blog . . .


Just what the world needs – another new blog! I used to blog primarily at PrawfsBlawg and occasionally at Balkinization. I’m now shifting my PrawfsBlawg blogging to this new blog. Why? Because I want to grab land in the blogosphere while they’re still handing out forty acres and a mule. PrawfsBlawg is a great place, and I’ll still be stopping by a lot, but I think it’s time to cultivate a new plot of land.

If you enjoyed my posts at PrawfsBlawg and Balkinization, please come by and visit me here. Concurring Opinions will be a group blog, and other co-bloggers will be joining me shortly. Together, we’ll cover issues involving law, culture, and current events. We’ll focus on technology, privacy, intellectual property, contract, property, torts, constitutional law, criminal law and procedure, literature and humanities, legal theory, sociology, and more.

We promise we’ll try our best to be interesting and entertaining. And we’ll invite interesting and entertaining guest bloggers. All for free! Yes, all this content and you don’t have to pay a dime. What a great deal! Who ever said you don’t get something for nothing?

Please bookmark this website. Add it to your blogrolls. Spread the word far and wide. Visit many times per day. Comment frequently. Link to the posts. And you’re certainly welcome to send in large donations. That’s not too much to ask, is it?


About the Blog

Concurring Opinions is a group blog with a broad emphasis on legal topics. It is run by Concurring Opinions, LLC, a Pennsylvania Limited Liability Company. Concurring Opinions regularly publishes contributions from blog members as well as guest bloggers.

About the Authors

Daniel J. SoloveDaniel J. Solove


Daniel is the John Marshall Harlan Research Professor of law at the George Washington University Law School.  He is also the founder of TeachPrivacy, a company that provides data security and privacy training for businesses, healthcare organizations, and higher education — including HIPAA/HITECH training.  He is the author of Nothing to Hide: The False Tradeoff Between Privacy and Security (Yale U. Press 2011),  Understanding Privacy (Harvard U. Press 2008), The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale U. Press 2007) (winner of the 2007 McGannon Prize), The Digital Person: Technology and Privacy in the Information Age (NYU Press 2004,) and Information Privacy Law (Aspen, 3rd ed., 2009) (with Paul M. Schwartz).

Daniel has published more than 30 articles and essays, which have appeared in leading law reviews such as the Yale Law Journal, Stanford Law Review, Columbia Law Review, Michigan Law Review, U. Pennsylvania Law Review, California Law Review, U. Chicago Law Review, NYU Law Review, and Duke Law Journal.

He has been interviewed and featured in hundreds of media broadcasts and articles, including The New York Times, Washington Post, Chicago Tribune, Associated Press, Business Week, ABC, CBS, NBC, CNN, and NPR. A graduate of Yale Law School, he clerked for Judge Stanley Sporkin, U.S. District Court for the District of Columbia and Judge Pamela Ann Rymer, U.S. Court of Appeals for the 9th Circuit.

Areas of Interest: Privacy, Technology, National Security, Law and Literature, Social Network Sites, Government Surveillance, First Amendment, Constitutional Theory, Sociology, Philosophy (especially pragmatism and philosophy of law), Criminal Procedure

wenger1.jpgKaimipono Wenger


Kaimipono (Kaimi) is an assistant professor at Thomas Jefferson School of Law. He graduated from Columbia University School of Law, where he served as an articles editor on the Columbia Law Review and was a James Kent Scholar and a Harlan Fiske Stone Scholar. Following law school, he clerked for Judge Jack B. Weinstein in the Eastern District of New York, where he dealt with a variety of matters including immigration, criminal and mass tort cases. Professor Wenger practiced law for three years with Cravath, Swaine, & Moore LLP in New York City, where his primary practice involved securities litigation for large international clients, and he also dealt with general corporate governance matters, antitrust, and trusts and estates matters.

Kaimi’s scholarly interests include property law, (trusts and estates), torts, business and securities law and civil rights law. His recent articles include “Nullificatory Juries” (with David A. Hoffman) in the Wisconsin Law Review and “Slavery as a Takings Clause Violation” in the American University Law Review. He is ably assisted in his blogging (and during all other hours of the day and night) by his three children.

Areas of Interest: Race, Civil Rights, Slavery, Corporate Law, Securities, Trusts and Estates, Property and Takings, Mormonism

hoffman edited.JPGDavid Hoffman


Dave is an associate professor of law at Temple University’s Beasley School of Law. He teaches contracts, law and economics, law and human behavior and business associations. His scholarship is generally empirically based, using experiments and hand-collected data to investigate diverse legal subjects. (Thus, in Larry Solum’s schema, Dave is a data-driven hedgehog, who cares about the law of fraud, corporate governance, contracts, risk-regulation, and the influence of behavioral economics).

Dave earned a B.A. from Yale, cum laude, double majoring in Archaeology and History. He dug here. It was buggy. He received his J.D., cum laude, from Harvard, and clerked for U.S. District Judge Norma L. Shapiro. He then worked at Cravath, Swaine & Moore LLP.

Areas of Interest: Behavioral Law and Economics, Contract Law, Securities Law, Dispute Resolution, Corporate Law, Legal Theory, Empirical Studies

pasquale-frank1.JPGFrank Pasquale


Frank is Professor of Law at Seton Hall. He joined Seton Hall after practicing law as an attorney at Arnold & Porter LLP, where his work included antitrust and intellectual property litigation. Professor Pasquale’s prior experience includes clerking for the Honorable Judge Kermit Lipez of the United States Court of Appeals for the First Circuit and serving as a fellow at the Institute for the Defense of Competition and Protection of Intellectual Property in Lima, Peru. During his time at Yale Law School, Professor Pasquale served as a teaching assistant for first year students and as an editor of the Yale Law and Policy Review and the Yale Symposium on Law and Technology before graduating with a J.D. in 2001. He also served as a student director in the clinical program’s Disabilities Clinic, focusing on advocacy in the health and benefits fields. Pasquale has focused his scholarship on enriching intellectual property and health law with insights from economics, philosophy, and social science. His work on search engines has been excerpted in Bellia, Post, & Berman’s Cyberlaw and delivered to a plenary session of the Intellectual Property Scholars Conference. His work on retainer medicine was selected for presentation at the St. Louis University Health Law Scholars Workshop.

Areas of Interest: Intellectual Property, Health Law, Economics, Philosophy, Social Science, Technology, Search Engines

oman-nate1.jpgNate Oman


Nate is an assistant professor at the Marshall-Wythe School of Law at The College of William & Mary. His primary research interest is in contract law and the philosophy of private law more generally. The market is one of the central institutions of our society and it is largely made possible through the private law — property, tort, and especially contract. Hence, not only is the study of private law extremely important for the later practice of law, but it also forces us to confront some of the most fundamental questions about how our society is organized. Thus far, his own writing in this area has focused on understanding the relationship between economic theories of contract law and moral theories of contract law.

He is also fascinated by the intersection of law and religion. Generally speaking, we think about law and religion as being about the Establishment and Free Exercise Clauses of the First Amendment. However, according to Nate, it is a mistake to think that the subject is exhausted by traditional questions of church and state. Religion has played a key part in developing the intellectual tradition in the West, including our jurisprudential system. Some of the world’s oldest and most sophisticated legal systems are essentially religious. Hence, religion is more than simply a problem with which First Amendment doctrine must cope. It can also be a lens through which people understand the law.

Nate earned a BA in political science from Brigham Young University and JD from Harvard Law School, where he was on the Articles Committee of the Harvard Law Review. Prior to law school I worked on the staff of Senator Mitch McConnell of Kentucky. After law school, I clerked for the Honorable Morris Sheppard Arnold on the U.S. Court of Appeals for the 8th Circuit and practiced law in the Washington, DC office of Sidley Austin LLP.

Areas of Interest: Contract, Philosophy of Private Law, Moral Theory, Economic Theory, Law and Religion, Mormonism

desai-devenDeven Desai


Deven is currently at Google, Inc. None of the ideas, opinions, other ways you think what I do on this blog matter, or really anything I do here, connect to or are endorsed by Google, and they should not be attributed to Google. When not at Google, he is an associate professor at Thomas Jefferson School of Law (on leave) and was a visiting fellow at Princeton’s CITP during the 2009-2010 academic year. After Professor Desai graduated from law school, where he was co-editor-in-chief of the Yale Journal of Law & the Humanities, he practiced law with Quinn Emanuel Urquhart Oliver & Hedges in Los Angeles. His litigation practice focused on intellectual property, Internet-related disputes, employment law and general business disputes. After leaving Quinn Emanuel, he worked as in-house counsel with technology incubation companies and Mattel, Inc., as a policy and finance consultant for the Cory Booker for Mayor campaign and for Jumpstart for Young Children, Inc., and as the sole contributing editor on the primer Law of Internet Disputes. Professor Desai’s scholarship is in the areas of intellectual property, information theory, Internet-related law, business associations, international business transactions and corporate governance.

Areas of Interest: Information Theory, Intellectual Property, Trademark and Brand Theory, Marketing, Creativity Theory, Privacy, Technology, Philosophy, Rhetoric, History, Biography, Science Fiction, Pop Culture

citron-danielle3.jpgDanielle Citron


Danielle is a professor of law at the University of Maryland School of Law. Her interests include information privacy law, cyberspace law, and administrative law. Her work appears in the Michigan Law Review, Boston University Law Review, Washington University Law Review, Southern California Law Review, U.C. Davis Law Review, and University of Chicago Legal Forum. She is the Chairperson for the American Association of Law Schools’ section on Defamation and Privacy, an Advisory Board Member of the SSRN Journal on Information and Privacy Law, and an Affiliate Fellow at the Yale Information Society Project. Danielle has presented her work widely, including at forums hosted by Yale Law School, Harvard Law School, the University of Chicago Law School, and Princeton University. She received a J.D., cum laude and Order of the Coif, from Fordham University School of Law and a B.A. in Comparative Area Studies, cum laude, from Duke University. After graduating from law school, she clerked for the late Honorable Mary Johnson Lowe on the United States District Court for the Southern District of New York and worked as a litigation associate at Willkie, Farr & Gallagher.

Areas of Interest: Privacy, Information Security, Administrative Law, Automated Systems, Government Transparency, Civil Rights, and Constitutional Theory

Cunningham-Lawrence2.jpgLawrence Cunningham


Larry is a professor of law at the George Washington University Law School. He joined the GW Law School faculty 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 (where he served a 5-year term as Director of the Heyman Center on Corporate Governance). He also taught courses at many other schools in the US and abroad, including Central European University, Columbia University, Hebrew University, University of Navarra, and Vanderbilt University. Before entering academia, he practiced corporate law for 4 years at Cravath, Swaine & Moore. He earned his BA from University of Delaware and his JD magna cum laude from 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.

Areas of Interest: Accounting, Auditing, Contracts, Corporate Law, Finance, Investing, Legal Education, Securities Regulation

waldeck-sarah4.jpgSarah Waldeck


Sarah is a professor of law at Seton Hall University. She received her B.A. from Cornell University and her J.D. from the University of Wisconsin, where she was Editor-in-Chief of the Wisconsin Law Review. She clerked for Judge Richard Cudahy on the Seventh Circuit Court of Appeals. Prior to joining the Seton Hall faculty, she was a Bigelow Fellow at the University of Chicago Law School. At Seton Hall, she teaches a variety of courses related to property and estates and trusts law, and, on occasion, criminal law.

Sarah’s scholarship focuses on the connections between law and cultural norms. Her work addresses topics such as charitable giving and the estate tax, circumcision, and electronic payment systems.

Areas of Interest: Estates and Trusts, Cultural Property, Law and Behavior, Law and Social Norms, Philanthropy, University Endowment and Financial Aid Policies, Economics and the Family

RamjiNogales_WebPhoto.jpgJaya Ramji-Nogales


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.

Areas of Interest: Immigration Law, International Human Rights Law, Transitional Justice, Feminism and Gender, Race, Civil Procedure, Evidence, Administrative Law, International Criminal Law, Empirical Studies, and National Security

maldonado-solangel2.jpgSolangel Maldonado


Solangel is a Professor of Law at Seton Hall University School of Law. She received her B.A. from Columbia College and J.D. from Columbia Law School, where she served as managing editor of the Columbia Journal of Gender & Law and was a Harlan Fiske Stone Scholar. Following law school, she clerked for Judge Joseph A. Greenaway, Jr., United States District Court for the District of New Jersey, and was a litigation associate at Sidley, Austin, Brown & Wood and at Kaye, Scholer, Fierman, Hays & Handler, LLP, both in New York City.

Solangel’s primary research interest is family law, specifically the law’s role in (1) paternal disengagement and (2) inter-parental hostility after divorce. Her scholarship also explores the legal and social implications of transracial and transcultural adoptions.

Areas of Interest: Family Law, Race, International Family Law, Torts, Law and Emotions, Feminism and Gender, Estates and Trusts, Legal Education

magliocca-gerardGerard Magliocca


Gerard is a professor of law at Indiana University – Indianapolis. He is the author of Andrew Jackson and the Constitution: The Rise and Fall of Generational Regimes (Univ. Press of Kansas 2007) and his next book is The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash, which will be published by Yale University Press in 2010.

A graduate of Yale Law School, Gerard has written a numerous articles on constitutional law and intellectual property that have appeared in law reviews such as the Georgetown Law Journal, Minnesota Law Review, Duke Law Journal, and Notre Dame Law Review. He clerked for Guido Calabresi on the 2nd Circuit.

Areas of Interest: Constitutional Law, Legal History, Intellectual Property, Admiralty, Torts

This entry last updated on September 1, 2009.