Category: Conferences

MarkelFest! at SEALS

Howard Wasserman and the team at Prawfs have organized a get-together at SEALS in memory of Dan Markel for this Saturday, and we at CoOp are honored to co-sponsor it. I’m sure this is the first of many conferences where Dan’s memory will be celebrated. Full details are here.

Conference: Critiquing Cost-Benefit Analysis of Financial Regulation

I am looking forward to attending (and briefly speaking) at a conference on May 19-20 in Washington, D.C. on “Critiquing Cost-Benefit Analysis of Financial Regulation.”

The event will take place at George Washington Law School. Co-sponsors include Center for Law, Economics and Finance (C-LEAF), the Association of Professors of Political Economy and the Law (APPEAL), Americans for Financial Reform (AFR), Better Markets, the Center for Progressive Reform (CPR) and SUNY Buffalo Law School.

Confirmed keynote speakers include John C. Coates, (author of “Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications”) and law and economics professor William K. Black (whose classic book The Best Way to Rob a Bank is to Own One still influences policy debates).

Here is a link for registration, and additional details. I’ve pasted the agenda below.
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Jotwell Conference on Legal Scholarship: Call for Papers

As someone who’s written for Jotwell’s Cyberlaw edition for years, I wanted to plug the site’s journals as terrific places to find excellent, underrecognized scholarship. On the occasion of its 5th anniversary, Jotwell is hosting a conference on legal scholarship:

JOTWELL, the Journal of Things We Like (Lots), is an online journal dedicated to celebrating and sharing the best scholarship relating to the law. To celebrate Jotwell’s 5th Birthday, we invite you to join us for conversations about what makes legal scholarship great and why it matters.

In the United States, the role of scholarship is under assault in contemporary conversations about law schools; meanwhile in many other countries legal scholars are routinely pressed to value their work according to metrics or with reference to fixed conceptions of the role of legal scholarship. We hope this conference will serve as an answer to those challenges, both in content and by example.

We invite pithy abstracts of proposed contributions, relating to one or more of the conference themes. Each of these themes provides an occasion for the discussion (and, as appropriate, defense) of the scholarly enterprise in the modern law school–not for taking the importance of scholarship for granted, but showing, with specificity, as we hope Jotwell itself does, what good work looks like and why it matters.

Abstracts are due by May 20.  Congrats to Michael Froomkin on the great success of Jotwell, and what looks to be a fascinating conference.

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ROUNDUP: Law and Humanities 05.01.2014

 

Awards season: The American Bar Association has announced the finalists for the 2014 Silver Gavel Awards for Media and the Arts. The ABA awards the Silver Gavel to those artists in film, nonfiction, fiction, and other arts who most closely meet the association’s objectives in advancing public understanding of law and the justice system. This year, the 47 members of the screening committee reviewed 169 entries, selecting 19 finalists for the Standing Committee to review. The ABA began giving out the Gavel Awards in 1958. Among the finalists: See the complete list of finalists for 2014 here. The ABA will announce winners on May 15.

 

Curtain going up: The Elevator Repair Service will be performing Arguendo,  a play based on the landmark case Barnes v. Glen Theatre (501 U.S. 560 (1991)) at the International Festival of Arts & Ideas, New Haven, CT, from June 18-22. Here’s part of the syllabus for the case:

Respondents, two Indiana establishments wishing to provide totally nude  dancing as entertainment and individual dancers employed at those  establishments, brought suit in the District Court to enjoin enforcement  of the state public indecency law  —  which requires respondent dancers to  wear pasties and a G-string  —  asserting that the law’s prohibition against  total nudity in public places violates the First Amendment. The court  held that the nude dancing involved here was not expressive conduct.   The Court of Appeals reversed, ruling that nonobscene nude dancing  performed for entertainment is protected expression, and that the statute was an improper infringement of that activity because its purpose  was to prevent the message of eroticism and sexuality conveyed by the  dancers.

The play “[uses] verbatim oral arguments and breathtaking projections by celebrated visual artist Ben Rubin [and] introduces us to the Justices—who try to get to the bottom of this First Amendment puzzle—and the attorneys on both sides who gamely try to keep up.” The play closed recently at the Woolly Mammoth Theatre in DC.

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Fifth Annual Constitutional Law Colloquium

Loyola University Chicago School of Law will host a Constitutional Law Colloquium on Friday, November 7 and Saturday, November 8, 2014.

This will be the fifth annual Loyola constitutional law colloquium.  Organizers hope to attract constitutional law scholars at all stages of their professional careers to discuss current projects, doctrinal developments in constitutional law, and future goals. The conference will bring together scholars to discuss their works-in-progress concerning constitutional issues, such as, but not limited to Free Speech, Substantive Due Process, Equal Protection, Suffrage Rights and Campaign Finance, Process Oriented Constitutionalism, Constitutional Interpretation, Constitutional Theory, National Security and Constitutional Rights, Due Process Underpinnings of Criminal Procedure, Judicial Review, Executive Privilege, Suspect Classification, Free Exercise and Establishment of Religion, and Federalism. As in years past, there will be many opportunities for the vetting of ideas and for informed critiques. Submissions will be liberally considered, but participation is by invitation only. Presentations will be grouped by subject matter.

Erwin Chemerinsky, Dean and Distinguished Professor of Law at the University of California-Irvine School of Law, will be the keynote speaker.

Titles and abstracts of papers should be submitted electronically to constitutionlaw@luc.edu no later than June 15, 2014.

The Law Center is located on Loyola’s Water Tower campus, near Michigan Avenue’s Magnificent Mile, Lake Michigan, Millennium Park, the Chicago Art Institute, and Chicago Symphony Center.

Participants’ home institutions are expected to pay for their own travel expenses. Loyola will provide facilities, meals, and support.

There are numerous reasonably priced hotels within walking distance of the Loyola School of Law and Chicago’s Magnificent Mile.

Conference Organizers:

Professor Barry Sullivan, Cooney & Conway Chair in Advocacy, bsullivan7@luc.edu
Professor Alexander Tsesis, atsesis@luc.edu
Professor Michael Zimmer, mzimme4@luc.edu

Program Administrator:
Heather Figus, ConstitutionLaw@law.edu

 

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There & Back Again: John Rizzo & Yuri Nosenko

John Rizzo gave thirty-four years of service as an attorney for the Central Intelligence Agency, serving with distinction under eleven directors and rising to acting general counsel.  Yuri Nosenko, who died in 2008, was a lieutenant colonel in the KGB, a Soviet defector, and suspected double agent.

RizzoNosenkoWhat do they have in common?  A late night, one-on-one, vodka-soaked discussion of Nosenko’s three years of unremitting torture by Rizzo’s employer. The torture produced nothing, neither confirmation that Nosenko was a Soviet mole nor confidence that he was not.  In his new memoir, Company Man, Rizzo asserts that this meeting left an indelible impression on him as a young lawyer. But just how did he put that experience to use when he evaluated the legality of the “Enhanced Interrogation Program” that landed on his desk in the CIA General Counsel’s office after 9/11?

His answer is not found in his memoir.  But he did give an answer last week, when I asked him this question at an outstanding symposium on the future of national security law held at Pepperdine Law School.  The conference was organized by Professor Greg McNeal ably assisted by 3L Shelby Doyle and her team of student editors at the Pepperdine Law Review.

Comrade Nosenko’s story, and Mr. Rizzo’s answer, follow after the break. Read More

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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.

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Third Annual Robotics and Law Conference “We Robot”

hdr-we-robot-2014-1Michael Froomkin, Ian Kerr, and I, along with a wonderful program committee of law scholars and roboticists, have for three years now put on a conference around law, policy, and robotics.  “We Robot” returns to the University of Miami School of Law from Stanford Law School this year and boasts an extraordinary roster of authors, commentators, and participants.  Folks like Jack Balkin, Ann Bartow, Kenneth Anderson, Woodrow Hartzog, Mary Anne Franks, Margot Kaminski, Kate Darling, and David Post, among many others.  Not to mention a demo from a roboticist at the University of Washington whose lab built the surgical robot for the movie Ender’s Game.

I’ve discovered that academics in other disciplines habitually list the acceptance rate of papers.  We Robot III accepted only twenty-five percent of the papers under submission, which compares favorably with the strongest and longest-running conferences in computer science, electrical engineering, and human-computer interaction.  Indeed, judging by the abstracts at least, the papers this year are very exciting, taking on difficult and timely issues from a range of perspectives.

On behalf of our community I invite you to register for and attend We Robot, April 4-5, 2014, in Coral Cables, Florida.  I also hope those who enjoyed We Robot I and II will chime in below, if inclined!  Thank you,

The We Robot III Planning Committee

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FAN.1 (First Amendment News)

From time to time, I will post some First Amendment news items that might otherwise escape the attention of free expression enthusiasts.  It may be about a controversy or brief or new book or article or conference or what have you.  If you wish to send along your own newsworthy item for consideration, drop my an e-mail.  With that, here is my first dollop of news:

  • On February 15th the Harvard Law Review will host a conference on “Freedom of the Press” in celebration of the 50th anniversary of New York Times Co. v. Sullivan.  Participants include: Mark Tushnet (Harvard), Stuart Benjamin (Duke), Sonja R. West (U. Ga.), RonNell Andersen Jones (BYU), David Anderson (U. TX), Marvin Ammori (New America Foundation), Marjorie Heins (Free Expression Policy Project), Jonathan Zittrain (Harvard), Rebecca Tushnet (Georgetown), Caroline Corbin (U. Miami), Jack Balkin (Yale), Yochai Benkler (Harvard), and Dawn Nunziato (GWU).
  • Speaking of NYT v. Sullivan, Lee Levine (a noted First Amendment media lawyer) and Steve Wermiel (a professor at American University Law School) have just published The Progeny: Justice William Brennan’s Fight to Save New York Times v. Sullivan (American Bar Association, 2014). Check out my SCOTUSblog interview with the authors.
  • Recently, the Minnesota Law Review published a thought-proving article titled “Speech Engines” by James Grimmelmann (U. MD Law).  It is one of the best pieces of scholarship I have seen concerning the regulatory debates over just how the law – of copyright, trademark, defamation, privacy and of the First Amendment – should treat Google’s search engines.
  • Gabriel Schoenfeld, writing in the Weekly Standard, just reviewed Floyd Abrams’ latest book, Friend of the Court: On the Front Lines with the First Amendment (Yale University Press, 2013).  (For Mr. Abrams’ views on McCullen v. Coakley (the Mass. abortion-protest case now before the Court), see  Jonathan H. Adler’s post over at the Volokh Conspiracy.)
  • This June Yale Law School Dean Robert Post will release his latest book, Citizens Divided: Campaign Finance Reform and the Constitution (Harvard University Press, 234 pp., $25.00).  The book is an outgrowth of Post’s 2013 Tanner Lectures at Harvard.  Here is a little excerpt from the publisher’s blurb: “Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert Post offers a new constitutional theory that seeks to reconcile these sharply divided camps.” Post’s text is followed by commentaries by Pamela S. Karlan, Lawrence Lessig, Frank I. Michelman, and Nadia Urbinati.
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CELS VII: Data is Revealing Part 2

 

Shouldn't it be "data are revealing?"

Shouldn’t it be “data are revealing?”

[This is part 2 of my recap of the Penn edition of CELS, promised here. For Part 1, click here.  For previous installments in the CELS recap series, see CELS IIIIVV, and VIVII.]

Where were we?  I know: throwing stink-bombs at a civil procedure panel!

At the crack of dawn saturday I stumbled into the Contracts II panel. Up first was Ian Ayres, presenting Remedies for the No Read Problem in Consumer Contracting, co-authored with Alan Schwartz.  Florencia Marotta-Wurgler provided comments.  The gist of Ayres’ paper is that consumers are optimistic about only a few hidden terms in standard-form contracts. For most terms, they guess the content right. Ayres argued that should be concerned only when consumers believe that terms are better than they actually are.  The paper  proposes that firms make such terms more salient with a disclosure box, after requiring firms to learn about consumer’s knowledge on a regular basis. Basically: Schumer’s box, psychologically-calibrated, for everyone.  Florencia M-W commented that since standard-form contracts evolve rapidly, such a calibrated disclosure duty might be much more administratively complex than Ayres/Schwartz would’ve thought.  A commentator in the crowd pointed out that since the proposal relies on individuals’ perceptions of what terms are standard, in effect it creates a one-way ratchet. The more people learn about terms through the Ayres/Schwartz box, the weaker the need for disclosure. I liked this point, though it appears to assume that contract terms react fairly predictably to market forces. Is that true?  Here are some reasons to doubt it.

Zev Eigen then presented An Experimental Test of the Effectiveness of Terms & Conditions.  Ridiculously fun experiment — the subjects were recruited to do a presidential poll. The setup technically permitted them to take the poll multiple times, getting paid each time.  Some subjects were exhorted not to cheat in this way; others told that the experimenters trusted them not to cheat; others were given terms and conditions forbidding cheating. Subjects exhorted not to cheat and trusted not to cheat both took the opportunity to game the system significantly less often than those presented with terms and conditions. Assuming external validity, this raises a bit of a puzzle: why do firms attempt to control user behavior through T&Cs? Maybe T&Cs aren’t actually intended to control behavior at all! I wondered, but didn’t ask, if T&Cs that wrapped up with different formalities (a scan of your fingerprint; a blank box requiring you to actually try to sign with your mouse) would get to a different result.  Maybe T&Cs now signal “bad terms that I don’t care to read” instead of “contract-promise.”  That is, is it possible to turn online T&Cs back into real contracts?

Next, I went to Law and Psych to see “It All Happened So Slow!”: The Impact of Action Speed on Assessments of Intentionality by Zachary C. Burns and Eugene M. Caruso. Bottom line: prosecutors should use slow motion if they want to prove intent. Second bottom line: I need to find a way to do cultural cognition experiments that involving filming friends jousting on a bike. I then hopped on over to International Law, where Adam Chilton presented an experimental paper on the effect of international law rules on public opinion. He used a mTurk sample.  I was a concern troll, and said something like “Dan Kahan would be very sad were he here.” Adam had a good set of responses, which boiled down to “mTurk is a good value proposition!”  Which it is.

After lunch it was off to a blockbuster session on Legal Education. There was a small little paper on the value of law degrees. And then,  Ghazala Azmat and Rosa Ferrer presented  Gender Gaps in Performance: Evidence from Young Lawyers. They found that holding all else equal, young women lawyers tend to bill somewhat fewer hours than men, a difference attributable to being less likely to report being highly interested in becoming partners while spending more time on child care.  What was noteworthy was the way they were able to mine the After the JD dataset. What seemed somewhat more troubling was the use of hours billed as a measure of performance, since completely controlling for selection in assignments appeared to me to be impossible given the IVs available.  Next, Dan Ho and Mark Kelman presented Does Class Size Reduce the Gender Gap? A Natural Experiment in Law. Ho and Kelman found that switching to small classes significantly increases the GPA of female law students (eliminating the gap between men and women). This is a powerful finding – obviously,it would be worth it to see if it is replicable at other schools.

The papers I regret having missed include How to Lie with Rape Statistics by Corey Yung (cities are lying with rape statistics); Employment Conditions and Judge Performance: Evidence from State Supreme Courts by Elliott Ash and W. Bentley MacLeod (judges respond to job incentives);  and Judging the Goring Ox: Retribution Directed Towards Animals by Geoffrey Goodwin and Adam Benforado.  I also feel terrible having missed Bill James, who I hear was inspirational, in his own way.

Overall, it was a tightly organized conference – kudos to Dave Abrams, Ted Ruger, and Tess Wilkinson-Ryan.  There could’ve been more law & psych, but that seems to be an evergreen complaint. Basically, it was a great two days.  I just wish there were more Twiqbal papers.