Speaker Biographies
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Cv-14-02052- Tuc-Rm (D
Derek E. Bambauer <[email protected]> 520.621.5411 1201 E. Speedway, Tucson AZ 85721 Teaching Experience University of Arizona, James E. Rogers College of Law, Tucson, AZ. Professor of Law (2013- present). • Associate Professor of Law (2012-2013). • Founder and faculty director, IP and Entrepreneurship Clinic. • Faculty advisor, Arizona Intellectual Property & Cyberlaw Society, Arizona Journal of Emerging Technologies. • Courses taught: Copyright Law, Cyberlaw, Introduction to Intellectual Property, Patent Law, Trade Secrets. Brooklyn Law School, Brooklyn, NY. Associate Professor of Law (2010 – 2012). • Assistant Professor of Law (2008-2010). • Voted Professor of the Year by students in 2008-2009. • Advisor / legal consultant, Brooklyn Law Incubator & Policy Clinic (BLIP). • Courses taught: Current Controversies in Intellectual Property, Information Privacy Law, Internet Law, Introduction to Intellectual Property, Patent Law, Trademark Law. Wayne State University Law School, Detroit, MI. Assistant Professor of Law (2006-2008). • Courses taught: Contracts, Copyright Law, Current Controversies in Intellectual Property, Trademark Law. Education Harvard Law School, Cambridge, MA. J.D., magna cum laude (2004). • Student Research Fellow, OpenNet Initiative, Berkman Center for Internet & Society. • Researcher, Digital Media project, Berkman Center for Internet & Society. • Teaching Assistant, Professor Daniel Meltzer (Criminal Law). Harvard College, Cambridge, MA. B.A., History and Science, summa cum laude (1996). • Phi Beta Kappa. • National Science Scholar (National Science Foundation). • Graduated in 3 years (awarded Advanced Standing). 1 of 10 Derek E. Bambauer Fellowships Berkman Center for Internet & Society, Harvard Law School, Cambridge, MA. Research Fellow (2004-2006). • Led team researching Internet filtering laws, technology, and practices by states worldwide. Analyzed empirical data from testing of countries’ filtering systems. -
Beyond the Bully Pulpit: Presidential Speech in the Courts
SHAW.TOPRINTER (DO NOT DELETE) 11/15/2017 3:32 AM Beyond the Bully Pulpit: Presidential Speech in the Courts Katherine Shaw* Abstract The President’s words play a unique role in American public life. No other figure speaks with the reach, range, or authority of the President. The President speaks to the entire population, about the full range of domestic and international issues we collectively confront, and on behalf of the country to the rest of the world. Speech is also a key tool of presidential governance: For at least a century, Presidents have used the bully pulpit to augment their existing constitutional and statutory authorities. But what sort of impact, if any, should presidential speech have in court, if that speech is plausibly related to the subject matter of a pending case? Curiously, neither judges nor scholars have grappled with that question in any sustained way, though citations to presidential speech appear with some frequency in judicial opinions. Some of the time, these citations are no more than passing references. Other times, presidential statements play a significant role in judicial assessments of the meaning, lawfulness, or constitutionality of either legislation or executive action. This Article is the first systematic examination of presidential speech in the courts. Drawing on a number of cases in both the Supreme Court and the lower federal courts, I first identify the primary modes of judicial reliance on presidential speech. I next ask what light the law of evidence, principles of deference, and internal executive branch dynamics can shed on judicial treatment of presidential speech. -
Marking 200 Years of Legal Education: Traditions of Change, Reasoned Debate, and Finding Differences and Commonalities
MARKING 200 YEARS OF LEGAL EDUCATION: TRADITIONS OF CHANGE, REASONED DEBATE, AND FINDING DIFFERENCES AND COMMONALITIES Martha Minow∗ What is the significance of legal education? “Plato tells us that, of all kinds of knowledge, the knowledge of good laws may do most for the learner. A deep study of the science of law, he adds, may do more than all other writing to give soundness to our judgment and stability to the state.”1 So explained Dean Roscoe Pound of Harvard Law School in 1923,2 and his words resonate nearly a century later. But missing are three other possibilities regarding the value of legal education: To assess, critique, and improve laws and legal institutions; To train those who pursue careers based on legal training, which may mean work as lawyers and judges; leaders of businesses, civic institutions, and political bodies; legal academics; or entre- preneurs, writers, and social critics; and To advance the practice in and study of reasoned arguments used to express and resolve disputes, to identify commonalities and dif- ferences, to build institutions of governance within and between communities, and to model alternatives to violence in the inevi- table differences that people, groups, and nations see and feel with one another. The bicentennial of Harvard Law School prompts this brief explo- ration of the past, present, and future of legal education and scholarship, with what I hope readers will not begrudge is a special focus on one particular law school in Cambridge, Massachusetts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Carter Professor of General Jurisprudence; until July 1, 2017, Morgan and Helen Chu Dean and Professor, Harvard Law School. -
The Political Economy of Colorblindness: Neoliberalism and the Reproduction of Racial Inequality in the United States
THE POLITICAL ECONOMY OF COLORBLINDNESS: NEOLIBERALISM AND THE REPRODUCTION OF RACIAL INEQUALITY IN THE UNITED STATES A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy at George Mason University By Phillip A. Hutchison Master of Arts University of California, Los Angeles, 2002 Director: Paul Smith, Professor Cultural Studies Fall Semester 2010 George Mason University Fairfax, VA Copyright: 2010 Phillip A. Hutchison All Rights Reserved ii TABLE OF CONTENTS Page Abstract ............................................................................................................................. iv Introduction ........................................................................................................................ 1 Literature Review............................................................................................................. 30 Chapter 1 .......................................................................................................................... 69 Chapter 2 .......................................................................................................................... 94 Chapter 3 ........................................................................................................................ 138 Chapter 4 ........................................................................................................................ 169 Chapter 5 ....................................................................................................................... -
Kirkus Reviews on Our Website by Logging in As a Subscriber
Featuring 319 Industry-First Reviews of Fiction, Nonfiction, Children'sand YA books VOL.KIRKUS LXXXVIII, NO. 18 | 15 SEPTEMBER 2020 REVIEWS Laila Lalami The author confronts American inequities in Conditional Citizens p. 58 Also in this issue: Sigrid Nunez, Daniel Nayeri, and Amra Sabic-El-Rayess from the editor’s desk: The Way I Read Now Chairman BY TOM BEER HERBERT SIMON President & Publisher MARC WINKELMAN John Paraskevas # Among the many changes in my daily life this year—working from home, Chief Executive Officer wearing a mask in public, watching too much TV—my changing read- MEG LABORDE KUEHN ing habits register deeply. For one thing, I read on a Kindle now, with the [email protected] Editor-in-Chief exception of the rare galley sent to me at home and the books I’ve made TOM BEER a point of purchasing from local independent bookstores or ordering on [email protected] Vice President of Marketing Bookshop.org. The Kindle was borrowed—OK, confiscated—from my SARAH KALINA boyfriend at the beginning of the pandemic, when I left dozens of advance [email protected] reader copies behind at the office and accepted the reality that digital gal- Managing/Nonfiction Editor ERIC LIEBETRAU leys would be a practical necessity for the foreseeable future. I can’t say that I [email protected] love reading on my “new” Kindle—I’m still a sucker for physical books after Fiction Editor LAURIE MUCHNICK all these years—but I’ll admit that it fulfills its purpose efficiently. And I do [email protected] Tom Beer rather enjoy the instant gratification of going on NetGalley or Edelweiss Young Readers’ Editor VICKY SMITH and dispatching multiple books to my device in one fell swoop—a harmless [email protected] form of bingeing that affords a little dopamine rush. -
Center for Oral History
C O L U M B I A UNIVERSITY Center for Oral History 2013 ANNUA L REPOR T b Contents 1 Letter from the Director 2 Research 4 Biographical Interview 5 Education and Outreach 8 Rule of Law Oral History Project Public Website 9 Telling Lives: Community-Based Oral History 10 Oral History Public Workshop Series, 2012–2013 12 Contact Us [email protected] About the cover images: Alessandro Portelli, 2013 Summer Institute Scroll painting about the events of 9/11/2001 by Patachitra artists in Medinapur, West Bengal, India Summer Institute 2013, fellows’ presentation Sam Robson, Oral History Master of Arts student videographer COLUMBIACOLUMBIA CENTERCENTER FORFOR OORARALL HISTORYHISTORY : 2013 AANNUNNUALAL RREPOEPORTRT 1 Letter from the Director Oral History in Our Times The past year has been remarkably busy and productive, with Our 2013 Summer Institute, Telling the World: Indigenous two large oral history projects coming to a fruitful end and new Memories, Rights, and Narratives, brought together students, initiatives and new directions being undertaken. scholars, and activists from native and indigenous communities around the world. We were especially pleased to have as faculty We have completed a third substantial oral history of Carnegie two old friends: the first graduate of our oral history M.A. program, Corporation, documenting the tenure of Vartan Gregorian, who China Ching, now program officer at the Christensen Fund in San was inaugurated as president in 1997 following his long and Francisco, and our former summer institute fellow and former successful tenure as president at Brown University. Our project faculty member Winona Wheeler, professional oral historian and coincided with Carnegie’s celebration of its centennial, and professor at the University of Saskatchewan in Canada. -
Using Established Medical Criteria to Define Disability: a Proposal to Amend the Americans with Disabilities Act
Washington University Law Review Volume 80 Issue 1 January 2002 Using Established Medical Criteria to Define Disability: A Proposal to Amend the Americans with Disabilities Act Mark A. Rothstein University of Louisville Serge A. Martinez University of Louisville W. Paul McKinney University of Louisville Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Civil Rights and Discrimination Commons, Disability Law Commons, Labor and Employment Law Commons, and the Medical Jurisprudence Commons Recommended Citation Mark A. Rothstein, Serge A. Martinez, and W. Paul McKinney, Using Established Medical Criteria to Define Disability: A Proposal to Amend the Americans with Disabilities Act, 80 WASH. U. L. Q. 243 (2002). Available at: https://openscholarship.wustl.edu/law_lawreview/vol80/iss1/4 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. USING ESTABLISHED MEDICAL CRITERIA TO DEFINE DISABILITY: A PROPOSAL TO AMEND THE AMERICANS WITH DISABILITIES ACT MARK A. ROTHSTEIN* SERGE A. MARTINEZ** W. PAUL MCKINNEY*** I. INTRODUCTION The Americans with Disabilities Act of 1990 (ADA)1 prohibits discrimination in employment,2 public services,3 and public accommodations4 against individuals with disabilities.5 The threshold question, however, of who is an individual with a disability has proven to be more complicated, contentious, and confusing than any of the ADA’s drafters ever could have imagined. The law does not prohibit all discrimination based on disability, and it does not prohibit discrimination against all individuals with disabilities. -
In the United States District Court for the Eastern District of Pennsylvania
Case 2:19-cv-00687-JP Document 32 Filed 01/15/20 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HENRY J. LACHER, DAVID MASONOFF, WILLIAM WERONKO, LEVI GASTON, KATHLEEN CUSHING, DAVE KEEN, BRENT SCOTT, CHARLES MAYER, CASE NO. 2:19-cv-00687-JP JANELL PETERSON, SCOTT HERBST, EDUARDO PAULINO, PAUL DOHERTY, and JOYCE YIN, on behalf of themselves and others similarly situated, Plaintiffs, v. ARAMARK CORPORATION, Defendant. MICHAEL MERCER and LEO FORD, on behalf of themselves and others similarly situated, CASE NO. 2:19-cv-02762-JP Plaintiffs, v. ARAMARK CORPORATION, Defendant. PLAINTIFFS’ UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF THE CLASS ACTION SETTLEMENT AND OTHER RELATED RELIEF As reflected in the accompanying “Joint Stipulation of Settlement,” see Doc. 32-1, Plaintiffs Henry J. Lacher, David Masonoff, William Weronko, Levi Gaston, Kathleen Cushing, Dave Keen, Brent Scott, Charles Mayer, Janell Peterson, Scott Herbst, Eduardo Paulino, Paul Doherty, Joyce Yin, Michael Mercer, and Leo Ford (collectively “Plaintiffs”) have agreed to Case 2:19-cv-00687-JP Document 32 Filed 01/15/20 Page 2 of 4 settle this consolidated class action lawsuit for a total of $21,000,000.00 on behalf of 4,501 putative settlement class members who worked as Band 4-8 managers for Defendant Aramark Corporation (“Aramark”).1 Under the December 1, 2018 amendments to Federal Rule of Civil Procedure (“Civil Rule”) 23, the Court “should direct notice in a reasonable manner” to all class members covered by a proposed settlement if the parties demonstrate that, at the post-notice final approval stage, the Court “will likely be able to” (i) give final approval of the settlement under the criteria described in Civil Rule 23(e)(2) and (ii) certify the settlement class. -
United States Court of Appeals
United States Court of Appeals Fifth Federal Judicial Circuit Louisiana, Mississippi, Texas Circuit Judges Priscilla R. Owen, Chief Judge ...............903 San Jacinto Blvd., Rm. 434 ..................................................... (512) 916-5167 Austin, Texas 78701-2450 Carl E. Stewart ......................................300 Fannin St., Ste. 5226 ............................................................... (318) 676-3765 Shreveport, LA 71101-3425 Edith H. Jones .......................................515 Rusk St., U.S. Courthouse, Rm. 12505 ................................... (713) 250-5484 Houston, Texas 77002-2655 Jerry E. Smith ........................................515 Rusk St., U.S. Courthouse, Rm. 12621 ................................... (713) 250-5101 Houston, Texas 77002-2698 James L. Dennis ....................................600 Camp St., Rm. 219 .................................................................. (504) 310-8000 New Orleans, LA 70130-3425 Jennifer Walker Elrod ........................... 515 Rusk St., U.S. Courthouse, Rm. 12014 .................................. (713) 250-7590 Houston, Texas 77002-2603 Leslie H. Southwick ...............................501 E. Court St., Ste. 3.750 ........................................................... (601) 608-4760 Jackson, MS 39201 Catharina Haynes .................................1100 Commerce St., Rm. 1452 ..................................................... (214) 753-2750 Dallas, Texas 75242 James E. Graves Jr. ................................501 E. Court -
PUC Approves CATV Sale Crackdown Ordered Against Hooligans
----------------------S' 1 ^ ■ ■/ ' ■ / -•V, X 'V MANCifiESTER, CONN,, THURSDAY, NOV. 1, 1973— VOL. XCIII, Na; 28 Mqnche,ler^ 4 City of Village Charm _ thirtv.two PACES - two sections - ^I’RICEf KIFTEKN CENTS full Independence Assured It -.fi ~ fire Jaworski had settled on Jaworski and prosecutor not suBject to firing have complete independence. • ’ QJn* * d" nat’ied withouLfirst consulting with the SaxBe. By Nixon. \’ n specified congressional leaders SaxBe said he Believes Nixon SaxBe, a RepuBlican and ^ ' " ^ 1 approved and “ascertaining that their Archibald Cox was fired Oqt. went too far in agreeing to. n - selection of Leon Jaworski consensus is in accord with his former Ohio attorney general, 20 as special Watergate release tapes of presidential - vr ’ths.as new WatergatV soecialspecial proposed action.” “ hacT said earlier In the day he prosecutor for refusing to drop conversations dealing with the prosecutor with full in ■ was “relatively sure” he will Be The firing of Cox after his his court Battle for White House case. dependence and safeguards nominated to Be attorney refusal to aBide by Nixon's tape recordings on Watergate. The 57-year-old senator said’ against Being fired. general. orders to drop efforts in court Elliot L, Richardson resigned he Believes the tapes are The President promised not SaxBe told reporters he was to oBtain confidential White ■ as attorney general the same privileged and “about as in to discharge Jaworski, as -he satisfied "the President has Hqusje. tapes and documents day rather than carry out timate a thing as cart Be.” He had Archibald Cox, without oB act^d honoraBly in the touched off a massive con Nixon’s order to fire Cox. -
Living the Law Bridget Daley, L’13, and Other Alumni Serve As Force for Change Message from the Dean
THE SUMMER 2018 The Duquesne University School of Law Magazine for Alumni and Friends LIVING THE LAW BRIDGET DALEY, L’13, AND OTHER ALUMNI SERVE AS FORCE FOR CHANGE MESSAGE FROM THE DEAN Dean’s Message Congratulations to our newest alumni! Duquesne Law read about a new faculty/student mentorship program, which celebrated the 104th commencement on May 25 with the Class was made possible with alumni donations. You will also read of 2018 and their families, friends and colleagues. These J.D. and about alumni who are serving their communities in new ways, LL.M. graduates join approximately 7,800 Duquesne Law alumni often behind the scenes and with little fanfare, taking on pro residing throughout the world. bono cases, volunteering at nonprofit organizations, coordinating We all can be proud of what our graduates have community services and starting projects to help individuals in accomplished and the opportunities they have. Many of these need. You will discover how Duquesne Law is expanding diversity accomplishments and opportunities have been made possible and inclusion initiatives and read about new faculty roles in the because of you, our alumni. Indeed, our alumni go above and community as well as new scholarly works. Finally, you will read beyond to help ensure student success here. Colleagues in the about student achievements and the amazing work of student law often share with me that the commitment of Duquesne Law organizations here. alumni is something special! I invite you to be in touch and to join us for one of our Thank you most sincerely for all that you do! Whether you alumni events. -
Rethinking the Boundaries of the Sixth Amendment Right to Choice of Counsel
RETHINKING THE BOUNDARIES OF THE SIXTH AMENDMENT RIGHT TO CHOICE OF COUNSEL I. INTRODUCTION Criminal defense is personal business. For this reason, the Consti- tution’s ample procedural protections for criminal defendants are writ- ten not just to provide a fair trial, but also to put the defendant in con- trol of his own defense. Courts and commentators alike have rec- ognized that the constitutional vision of liberty requires not only protection for the accused, but also the right of the accused to speak and act for himself.1 The Sixth Amendment also reflects the common understanding that the assistance of counsel can be crucial — even necessary — to effective defense,2 but its language and structure nev- ertheless make clear that the rights and their exercise belong to the de- fendant himself, not his lawyer.3 The right to the assistance of counsel has many facets, but its most ancient and fundamental element is the defendant’s right to counsel of his own choosing. Indeed, the Supreme Court has identified choice of counsel as “the root meaning of the constitutional guarantee.”4 Yet ac- tual choice-of-counsel doctrine gives the state broad authority to inter- fere with the exercise of this right. For example, a defendant may not choose an advocate whose representation creates a potential conflict of interest for the defendant, even if the defendant knowingly and intelli- gently waives any objection to the potential conflict,5 and a defendant has no right to be represented by an advocate who is not a current member of a state bar association.6 The remedy for a choice-of- ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 See, e.g., Faretta v.