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Category: Conferences

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Personal Information: The Benefits and Risks of De-Identification

On Monday, December 5th, I’ll be speaking at a Future of Privacy Forum conference entitled “Personal Information: The Benefits and Risks of De-Identification.”

I will be speaking about my forthcoming paper,The PII Problem: Privacy and a New Concept of Personally Identifiable Information, 86 New York University Law Review (forthcomng 2011) (with Paul M. Schwartz).  The paper should hopefully be out in print any day now.

The conference schedule and participants are great, and I think this should be a terrific event.  More information is here.

Below the fold is the schedule.

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Conference Announcement: Rights Working Group

The conference “Securing Our Rights in the Information-Sharing Era” will be held in San Francisco early next month. From the announcement:

This year marks not only the 10 year anniversary of 9/11, but also 15 years since the passage of the “Illegal Immigration Reform and Immigrant Responsibility Act of 1996″ (IIRAIRA), the bill that established the 287(g) program which later set the stage for Secure Communities program . . . . The government has . . . invest[ed] in enforcement strategies that violate our civil liberties and human rights. As the government has expanded these tactics, it has also invested resources to build a massive, complicated information sharing system where law enforcement agencies are given new powers. Law enforcement can now search through emails, listen to phone calls, track purchases and collect files on people who may or may not be suspected of any crimes. Local law enforcement is enforcing federal immigration laws, engaging in racial profiling and funneling migrants into detention and deportation. These enforcement tactics employed across the country and at the borders in the name of national security and immigration enforcement are affecting the rights of everyone in the United States.

For those interested in an academic treatment of information-sharing, Citron and I wrote this piece last year.

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CELS VI: Half a CELS is Statistically Better Than No CELS

Northwestern's Stained Glass Windows Made Me Wonder Whether Some Kind of Regression Was Being Proposed

As promised, I’m filing a report from the Sixth Annual Empirical Studies Conference, held 11/4-11/5 at Northwestern Law School.  Several of the attendees at the Conference approached me and remarked on my posts from CELS V, IV, and III. That added pressure, coupled with missing half of the conference due to an unavoidable conflict, has delayed this post substantially.  Apologies!  Next time, I promise to attend from the opening ceremonies until they burn the natural law figure in effigy.  Next year’s conference is at Stanford.  I’ll make a similar offer to the one I’ve made in the past: if the organizing committee pays my way, I promise not only to blog the whole thing, but to praise you unstintingly.  Here’s an example: I didn’t observe a single technical or organization snafu at Northwestern this year.  Kudos to the organizing committee: Bernie Black, Shari Diamond, and Emerson Tiller.

What I saw

I arrived Friday night in time for the poster session.  A few impressions.  Yun-chien Chang’s Tenancy in ‘Anticommons’? A Theoretical and Empirical Analysis of Co-Ownership won “best poster,” but I was drawn to David Lovis-McMahon & N.J. Schweitzer’s Substantive Justice: How the Substantive Law Shapes Perceived Fairness.  Overall, the trend toward professionalization in poster display continues unabated.  Even Ted Eisenberg’s poster was glossy & evidenced some post-production work — Ted’s posters at past sessions were, famously, not as civilized. Gone are the days where you could throw some powerpoint slides onto a board and talk about them over a glass of wine!  That said, I’m skeptical about poster sessions generally.  I would love to hear differently from folks who were there.

On Saturday, bright eyed and caffeinated, I went to a Juries panel, where I got to see three pretty cool papers.  The first, by Mercer/Kadous, was about how juries are likely to react to precise/imprecise legal standards.  (For a previous version, see here.) Though the work was nominally about auditing standards, it seemed generalizable to other kinds of legal rules.  The basic conclusion was that imprecise standards increase the likelihood of plaintiff verdicts, but only when the underlying conduct is conservative but deviates from industry norms.  By contrast, if the underlying conduct is aggressive, jurors return fewer pro-plaintiff verdicts.  Unlike most such projects, the authors permitted a large number of mock juries to deliberate, which added a degree of external validity.  Similarly worth reading was Lee/Waters’ work on jury verdict reporters (bottom line: reporters aren’t systematically pro-plaintiff, as the CW suggests, but they are awfully noise measures of what juries are actually doing).  Finally, Hans/Reyna presented some very interesting work on the “gist” model of jury decisionmaking.

At 11:00, I had to skip a great paper by Daniel Klerman whose title was worth the price of admission alone – the Selection of Thirteenth-Century Disputes for Litigation.  Instead, I went to Law and Psychology III.  There, Kenworthey Bilz presented Crime, Tort, Anger, and Insult, a paper which studies how attribution & perceptions of dignitary loss mark a psychological boundary between crime and tort cases.  Bilz presented several neat experiments in service of her thesis, among them a priming survey- – people primed to think about crimes complete the word “ins-” as “insult,” while people primed to think about torts complete it as “insurance.”  (I think I’ve got that right – - the paper isn’t available online, and I’m drawing on two week old memories.)

At noon, Andrew Gelman gave a fantastic presentation on the visualization of empirical data.  The bottom line: wordles are silly and convey no important information.  Actually, Andrew didn’t say that.  I just thought that coming in.  What Andrew said was something more like “can’t people who produce visually interesting graphs and people who produce graphs that convey information get along?”

Finally, I was the discussant at an Experimental Panel, responding to Brooks/Stremitzer/Tontrup’s Framing Contracts:Why Loss Framing Increases Effort.  Attendees witnessed my ill-fated attempt to reverse the order of my presentation on the fly, leading me to neglect the bread in the praise sandwich.  This was a good teaching moment about academic norms. My substantive reaction to Framing Contracts is that it was hard to know how much the paper connected to real-world contracting behavior, since the kinds of decision tasks that the experimental subjects were asked to perform were stripped of the relational & reciprocal norms that characterize actual deals.

CELS: What I missed

The entire first day!  One of my papers with the cultural cognition project, They Saw a Protest, apparently came off well.  Of course, there was also tons of great stuff not written from within the expanding cultural cognition empire.  Here’s a selection: on lawyer optimism; on public housing, enforcement and race; on probable cause and hindsight judging; and several papers on Iqbal, none of which appear to be online.

What did you see & like?

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CELS VI

I’m off to CELS VI in Chicago tomorrow.  As with previous years, I’ll try to provide a recap post after the conference. Unfortunately, due to work obligations, I’m missing the entire first day.  So if you happen to be at the conference and see a nice presentation or interesting paper that deserves highlighting, please do so in the comment thread.

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Aging Conference at Temple

On behalf of my colleague Nancy Knauer, I’m happy to announce that Temple Law School will host a one day symposium titled Aging in the US:  The Next Civil Rights Movement? In this Symposium, participants will explore elder law and aging policy from a civil rights perspective and begin the important task of rethinking equality across the lifespan.  Over twenty leading scholars and advocates will engage cutting edge public policy issues regarding health care, guardianships, caregiving, institutionalized elders, and the special needs of minority populations. Featured speakers include Nina Kohn from Syracuse Law School and 2011 MacArthur Fellow M.T. Connolly of Lifelong Justice, among many others.  The goal of the Symposium is to move the national conversation surrounding aging beyond the traditional elder law topics of estate planning, benefit eligibility, and health care financing and ask whether elder rights should be the next civil rights movement.  Papers will be published in a special issue of the Temple Political and Civil Rights Law Review.

Information regarding the conference and registration is available at www.law.temple.edu/aging.

National Association of Women Judges Conference

I just wanted to make this announcement about an extraordinary conference:

The National Association of Women Judges is hosting their annual international conference in Newark, New Jersey on October 12-16. On October 14th, there will be a symposium at Rutgers Law School entitled Promoting Global Equality for Women Through the Law and on the 15th Seton Hall Law School will host break-out sessions on various topics including domestic violence, urban revitalization, immigration, forensic evidence, cross-cultural issues in the courts and leadership training. Seton Hall Law student Megan Altman will be receiving the Justice Ruth Bader Ginsburg scholarship which will be presented at the NAWJ Gala Saturday night at the Newark Club with Justice Ginsburg delivering the keynote address.

More information here at the NAWJ website. According to an email I received, “There are more than 50 international judges registered for the conference from countries including Argentina, Canada, China, Gambia, Guam, Haiti, Honduras, India, Jordan, Korea, Lagos, Malawi, Moldova, Navajo Nation, Nepal, Philippines, Sarajevo, South Korea, Taiwan, Tanzania, and Uganda.”

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Call for Papers: Dodd-Frank

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.

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Announcing the Loyola Second Annual Constitutional Law Colloquium

Just a quick note that the Loyola University Chicago School of Law has scheduled its Second Annual Constitutional Law Colloquium for October 21 & 22, 2011.  The conference is being organized by Professors John E. Nowak, Juan Perea, Alexander Tsesis and Michael Zimmer.  

 The goal of the conference is to allow professors to develop new ideas with the help of supportive colleagues on a wide range of constitutional law topics.  To this end, the conference is aimed at bringing together constitutional law scholars at all stages of their professional development to discuss current projects, doctrinal developments in constitutional law, and future goals.  The organizers are hoping to be able to schedule presentations for all who submit and will group participants by subject matter.   

Professors who are interested in participating should submit an abstract of  150 to 200 words by May 31, 2011.  

Topics, abstracts, papers, questions, and comments should be submitted to:

 Program Administrator Carrie Bird, cbird@luc.edu

Participants are expected to pay their own travel expenses. Loyola will provide facilities, support, and continental breakfasts on Friday and Saturday, lunch on Friday and Saturday, and a dinner on Friday night.

ClassCrits Conference Call for Papers

The ClassCrits blog has a number of interesting posts up recently. The group has announced a call for papers for a September conference; here is the notice:

ClassCrits IV, “Criminalizing Economic Inequality”

This workshop, the fourth meeting of ClassCrits, takes as its theme the criminalization of economic inequality. The dominance of “free market” economic theory and policy has been accompanied in the U.S. by increasing reliance on the criminal justice system to make and enforce economic policy. The criminal justice system is increasingly used to control persons and groups whose participation in formal markets is marginal at best. Many aspects of traditional immigration law have morphed into “crimmigration”, appropriating domestic criminal law enforcement tools and redefining whole communities of workers and their families as “illegal people.” States and municipalities have criminalized the lives of homeless people, including those who are mentally ill.

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YLJ Online Symposium: A Republic of Statutes

yljonline

The Yale Law Journal Online has just published the final piece of a symposium devoted to William N. Eskridge, Jr. and John Ferejohn’s remarkable new book, A Republic of Statutes: The New American Constitution. The book chronicles the development of constitutional principles derived not directly from the text of the Constitution itself but from the implementation of entrenched “superstatutes” by administrative and executive officials. The symposium essays examine both the broad contours of the theory advanced by Eskridge and Ferejohn as well as its application to particular fields of law, such as immigration, national security, and health care. Visit YLJ Online to read the full collection: