Archive for September, 2013

Prof. Christopher Bruner’s Book Recommended by Aspen Institute

September 30, 2013 Leave a comment
Prof. Christopher Bruner

Prof. Christopher Bruner

Washington and Lee law professor Christopher Bruner’s recent book, Corporate Governance in the Common-Law World (Cambridge), was recently recommended by the Aspen Institute’s Corporate Values Strategy Group.

The Aspen Institute is an educational and policy studies organization based in Washington, DC. Its mission is to foster leadership based on enduring values and to provide a nonpartisan venue for dealing with critical issues. The Aspen Corporate Values Strategy Group (CVSG) is focused on ensuring that corporate and investment practice better supports the long-term health of society.

Published earlier this year, Prof. Bruner’s book examines the corporate governance powers possessed by shareholders in the U.S. and other common-law countries. Bruner finds, contrary to popular belief, that shareholders in the U.K. and other common-law jurisdictions are both more powerful and more central to the aims of the corporation than are shareholders in the U.S. The vexing question, explored by Bruner’s book, is why.

You can read more about Professor Bruner’s new book here.

Prof. Jim Moliterno Presents on Judicial Reform and Lawyer Ethics

September 30, 2013 Leave a comment
Prof. Jim Moliterno

Prof. Jim Moliterno

Washington and Lee law professor Jim Moliterno was in the Republic of Georgia last week attending a forum on proposed legislation that would advance the independence of the judiciary.  Proposals include life-tenure for judges and new selection procedures. In addition, he conducted a training workshop for the Ethics Commission and the Georgian Bar Association.  Topics will include important, new cooperation between state prosecutors and defense lawyers and advanced ethics training for lawyers to follow the two years of more basic lawyer ethics training that he has designed, and amendments to the disciplinary procedures.

This week, Prof. Moliterno heads to Slovakia where he is consulting for the U.S. Embassy on judicial branch reforms and lawyer ethics in law schools. On October 2, he will present on judicial independence issues to a meeting of about 15 ambassadors and mission chiefs. Later that day, he will meet with business leaders to discuss the benefits of more advanced systems of lawyer ethics and judicial accountability. On October 3, he will participate in a forum on spreading legal ethics courses to several law schools in the country.  And finally, on October 4, Moliterno will present to the Slovakian Judicial Academy on impartiality, independence, and ethics issues for judges in their dealings with media.

Call for Papers: CONVERGE! Conference

September 26, 2013 Leave a comment

Dear Friends,

Please join us for the CONVERGE! Conference.

CONVERGE! Re-Imagining the Movement to End Gender Violence
February 7-8, 2014
Fri. 8:30 a.m. – 5:30 p.m.   |   Sat., 8:30 a.m. – 4 p.m.

Hosted by University of Miami School of Law, University of Miami School of Law Race & Social Justice Law Review, Miami Worker’s Center Sisterhood of Survivors, and Center on Applied Feminism-University of Baltimore School of Law.

Register   |   Call for Papers & Presentations

For more than 40 years, gender violence has been the focus of U.S. feminist activism.

Where are we headed now?

The CONVERGE! conference will bring together survivorsactivistslawyersservice providers, and academics to reconsider the dominant U.S. responses to gender violence, to build capacity for political mobilization and reform, to share innovative approaches to gender violence, and to promote cross-fertilization and collaboration. Join the CONVERGE! conversation to build a transformative political agenda to refocus U.S. priorities in ways that better address the intersecting inequalities that create and maintain gender violence.



Donna Coker, University of Miami School of Law
Marcia Olivo, Miami Worker’s Center Sisterhood of Survivors
Leigh Goodmark, Co-Director, Center on Applied Feminism, University of Baltimore School of Law

Call for Papers: Reflections on Foreign National Prisoners

September 22, 2013 Leave a comment

Punishment, Citizenship and Identity: Reflections on Foreign National Prisoners

Centre for Criminology, University of Oxford, United Kingdom

 Monday, 24th March 2014


Ines HasselbergSarah Turnbull and Mary Bosworth – Centre for Criminology, U. of Oxford

Statistical accounts tell us that a growing number of foreign national prisoners are incarcerated throughout the penal systems of Europe, North America and elsewhere. For the most part, however, scholars in prison studies have paid little attention to this population, or to the implications it has for our understanding of identity, penal power and legitimacy. In this seminar, we seek to address this gap in the literature when discussing the relevance of citizenship and migration for our understanding of imprisonment while noting the overlaps with long-standing matters of gender, ethnic and racial difference.

The incarceration of foreign national prisoners is of particular relevance in the context of national and regional security agendas in which foreigners have been increasingly conceptualised as a ‘risk,’ and national immigration policies have been tightened, making it harder to arrive legally and easier to remove unwanted non-citizens. These processes have implications for the nature of the prison population as well as for how imprisonment is experienced. Specifically, it suggests that incarceration can no longer be detached from the broader context of transnational mobility.

We call for contributions that seek to address these issues from a variety of starting points, including but not limited to: Why are foreign national prisoners so over-represented across a number of states? How do their experiences differ from native-born minority populations? How do various prison systems negotiate diversity, citizenship and cultural cohesion? What does the increasing number of foreign-nationals in prison tell us about the role of the prison in carving out national identity and aiding in regimes of border control? How do prisoners respond to these experiences? Are there differences in women’s and men’s experiences?

We welcome contributions approaching the issue from different geographical sites, angles and disciplinary fields.

Proposals should be sent by email to the convenors by Monday, 30thSeptember 2013 and consist of a title, abstract (250 words) and the name(s) and affiliation(s) of the author(s). Accepted authors are expected to submit their draft papers to the convenors by the 28th February 2014. The seminar will take place in Oxford (UK) on the 24th March 2014.

Please feel free to email Ines if you have any queries regarding the seminar and/or the call for papers.

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September 22, 2013 Leave a comment

Vanderbilt Law School’s Branstetter Litigation & Dispute Resolution Program invites submissions for its 2014 New Voices in Civil Justice Scholarship Workshop, to be held May 12-13, 2014, at Vanderbilt Law School.

The Branstetter Program draws on a multimillion-dollar endowment to support research and curriculum in civil litigation and dispute resolution. Held annually, the Branstetter New Voices Workshop brings together junior scholars, senior scholars, and Vanderbilt faculty in the areas of civil justice.

This year, three junior scholars will be selected via a blind review process to present at the New Voices Workshop. Past participants include Nora Freeman Engstrom (Stanford), Myriam Gilles (Cardozo), Alexandra Lahav (Connecticut), Margaret Lemos (Duke), Benjamin Spencer (Washington & Lee), Amanda Tyler (George Washington), and Tobias Wolff (Penn).

The New Voices format maximizes collegial interaction and feedback. Paper authors do not deliver prepared “presentations.” Rather, all participants read the selected papers prior to the session, and at each workshop, a senior faculty member provides a brief overview and commentary on the paper. Open and interactive discussion immediately follows.

Submission requirements: 

1. Subject matter. Submitted papers should address an aspect of civil justice, broadly defined. Subject areas may include, but are not limited to, civil procedure, complex litigation, evidence, federal courts, judicial decision-making, alternative dispute resolution, remedies, and conflict of laws. In keeping with the intellectual breadth of the Branstetter Program faculty, the Workshop welcomes all scholarly methodologies, from traditional doctrinal analysis to quantitative or experimental approaches.

2. Author qualifications. To be eligible to submit a paper, scholars must currently hold either a faculty position or a fellowship.

3. Format / Anonymity. We will consider preliminary drafts, drafts under submission, or accepted papers that will not be published by the time of the workshop. Papers should be formatted either in Microsoft Word or Adobe Acrobat. To maintain the anonymity of the process, please remove any self-identifying information from the submission.

4. Deadline. Submissions should be e-mailed to no later than January 1, 2014. Please include your name, current position, and contact information in the e-mail accompanying the submission. We will contact you with our decision by February 15. Final drafts are due no later than April 15.

The Branstetter Program will pay all reasonable travel expenses within the United States for invited participants. Additional information can be found at If you have any questions, please email the chair of the selection committee, Brian Fitzpatrick, at

Prof. Russ Miller Presents at Goethe Institute Ahead of German Elections

September 18, 2013 Leave a comment
Prof. Russell Miller

Prof. Russell Miller

Washington and Lee law professor Russ Miller presents this week at a special event at the Geothe Institute in Chicago. The event, sponsored by the Goethe Institute of Chicago, the international law firm Goldberg Kohn, and the Robert Bosch Foundation Alumni Association, is a round table discussion occurring just days before Germany’s federal election including scholars and diplomats on the legal framework for German democracy, the constitutional issues at stake in the election, and the politics and policies at the center of the political season.

Miller is author (with Donald Kommers) of the third edition of the book The Constitutional Jurisprudence of the Federal Republic of Germany (Duke Press 2013). He is KoRSE Fellow at the University of Freiburg, a former Fulbright Senior Research Fellow at the Max Planck Institute for Comparative Public Law and Public International Law (Heidelberg), and an alum of the Robert Bosch Foundation Fellowship Program.

More information about the program is available at the event website.

Prof. Mark Drumbl Presents on Piracy at Case Western

September 18, 2013 Leave a comment
Prof. Mark Drumbl

Prof. Mark Drumbl

On Sept. 6, Washington and Lee law professor Mark Drumbl participated in a conference at Case Western Reserve School of Law titled “End Game! An International Conference on Combating Piracy.” The event was sponsored by the Frederick K. Cox International Law Center, the American Society of International Law, the Public International Law and Policy Group, the International Criminal Law Network, and the American Branch of the International Law Association. From the conference website:

For the moment pirate attacks are down, but piracy continues to present a major threat to world shipping. Even with greatly expanded patrolling by international navies and increased use of private security forces, there have been 48 pirate attacks, 448 seamen were held hostage by pirates, and global economic losses due to piracy topped 5 billion dollars in the last twelve months. Meanwhile, renewed political turmoil in Somalia and Yemen is sowing the seeds for a fresh generation of pirates with increasingly deadly tactics. This conference brings together two-dozen of the world’s foremost counter-piracy experts to analyze the novel legal challenges and options related to this new phase in the fight against piracy.

Drumbl presented as part of a panel titled “Deterring the Use of Child Pirates.” Drumbl is author of  Reimagining Child Soldiers in International Law and Policy (Oxford University Press), a ground-breaking book that challenges much of conventional wisdom when it comes to preventing child soldiering, meaningfully reintegrating child soldiers, and engaging with former child solders as vibrant contributors to post-conflict reconciliation.

Prof. Lyman Johnson Presents at Minnesota on Revlon Case

September 18, 2013 Leave a comment
Lyman Johnson

Prof. Lyman Johnson

Washington and Lee law professor Lyman Johnson presented at the University of Minnesota on Sept. 5 on a new paper titled “The Dwindling of Revlon,” a paper he co-authored with Rob Ricca, a 2006 W&L Law grad now practicing in the mergers and acquisitions area with Wilson Sonsini, the leading Silicon Valley law firm.

The “Revlon” in Revlon refers to Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., a landmark 1986 ruling by the Delaware Supreme Court.  As Johnson and Ricca write, “Revlon was one of a handful of takeover-fueled decisions during the 1980s that fundamentally redrew the map governing director duties in the M&A setting. Given the high volume of M&A activity in the U.S., and the frequency of court challenges to that activity, Revlon has become an assumed and accepted part of the legal landscape for both the practicing M&A bar and the judiciary.”

 Yet, in 2013, Delaware’s contemporary Revlon jurisprudence has come under fierce scholarly attack.  Professor Stephen Bainbridge has severely criticized several Chancery Court decisions for misapplying the Supreme Court’s core teachings on Revlon, a critique Professor Mohsen Manesh counters is itself misconceived. Professor Frank Gevurtz has leveled a more fundamental broadside against Revlon, contending it lacks any defensible policy rationale, and advocating its outright abandonment.

 We have an altogether different perspective than the bar, the judiciary, and other scholars.  We argue that, given its intersection with another important arc of recent Delaware decisional law, Revlon today is, ex post, essentially a constrained remedies doctrine, applicable only pre-closing for possibly granting non-monetary sanctions.  We arrive at our novel thesis concerning Revlon as the natural conclusion of examining the following question:  Does Revlon apply only if a sales transaction is entered, or does it also govern sales efforts by boards that utterly fail even to produce a transaction?  If an attempted sale failed due to a flawed process, might the directors nonetheless have breached their Revlon duty because of how poorly they conducted the selling effort?  Maybe, in other words, the reach of Revlon is actually far broader than many appreciate.  Probing these neglected issues through a remedies perspective offers a useful, if ironic, lens on where exactly, as it turns out,  the overblown Revlon doctrine stands today.

Call for Papers Corporate Governance Symposium

September 12, 2013 Leave a comment

March 19, 2014, John L Weinberg Center for Corporate Governance, Alfred Lerner College of Business & Economics, University of Delaware

The John L Weinberg Center for Corporate Governance and the Finance Department of the Alfred Lerner College of Business & Economics at the University of Delaware will host a Corporate Governance Symposium on March 19, 2014. The focus of the Symposium will be on “Critical Issues for Boards and Institutional Investors in 2014.” The Symposium will feature up to four academic papers on corporate governance and a panel discussion featuring speakers from the Delaware judiciary and the academic, business and legal communities.

The John L. Weinberg Corporate Governance Best Paper Award will be presented during the symposium luncheon. Additionally, all travel and lodging expenses will be reimbursed for the presenting authors and discussants.

TOPICS: We encourage submission of unpublished papers addressing topics within the field of corporate governance that are of critical importance in 2014 for boards of directors and institutional investors with a focus on: board and committee composition and structure, board and/or management succession planning, dual role of the CEO/Chairman, the board’s role in monitoring risk, executive and director compensation, shareholder engagement, the role and regulatory issues relating to the proxy advisory industry, and corporate governance reform measures associated with the foregoing.

Faculty from both business and law schools are encouraged to submit their research.

Finally, we welcome everyone to attend the conference whether or not you are a program participant.

PAPER SUBMISSION PROCEDURE: Please submit papers in a PDF version no later than November 25, 2013. Please use the following format as the file name when you save your paper: Last name (all caps), underscore, shortened name of paper, period, pdf (e.g., DOE_Shareholder Engagement.pdf). Please submit your papers to Louisa Cresson Alternatively, you may send a hard-copy to:

Louisa K. Cresson
John L. Weinberg Center for Corporate Governance
Alfred Lerner College of Business & Economics
University of Delaware
Alfred Lerner Hall
Suite 103
20 Orchard Road
Newark, DE 19716

Decisions regarding the symposium program will be made by January 17, 2014. General inquiries regarding the conference should be directed to Louisa Cresson.

Call For Academic Papers and Conference Announcement The 21st Belle R. and Joseph H. Braun Memorial Symposium

September 12, 2013 Leave a comment

July 10 and 11, 2014, Chicago, Illinois, USA

The 2014 International Elder Law and Policy Conference will be held on Thursday, July 10, and Friday, July 11, 2014, in Chicago. This conference will be funded primarily by the Belle R. and Joseph H. Braun Endowment Fund of The John Marshall Law School.

CONFERENCE ORGANIZERS AND HOSTS: The Conference Organizers and Hosts are: The John Marshall Law School, Chicago, Illinois, USA; Roosevelt University, College of Arts and Sciences, Chicago, Illinois, USA; and, The East China University of Political Science and Law, Shanghai, China.

PURPOSE OF THE CONFERENCE: The Conference will bring international scholars, advocates and policy makers together to participate in an academic discussion about the law, policy, and implementation of legal protections for the elderly around the globe. This conference is purposely intended to parallel the current discussions of the United Nations’ Open-Ended Working Group on Aging. The Conference organizers are hoping to draft and develop a model International Bill of Rights for Elderly Individuals based on the research presented and the ensuing discussions.

DETAILS/TOPICS: There will be 6 to 8 general sessions over a two-day conference, and each session is expected to have 2 to 3 authors discussing their current research, with other academics and experts serving as moderators and discussants on the panel. This conference is meant to complement and supplement the discussions being held through the United Nations pursuant to General Assembly resolution 65/182, based on the following general topics:
- The elimination of age discrimination;
- Autonomy, independent living, and health care issues affecting the elderly;
- Life continuing with dignity because of adequate access to social security and other financial resources;
- The prevention of elder abuse and violence; and
- Access to justice for elderly individuals in need of assistance.

The final agenda for the conference will be determined based on the exact topics and countries analyzed in the abstracts accepted for presentation.

CALL FOR ACADEMIC ARTICLES AND PAPERS: There is a call for original academic research on laws and policy that can protect elderly individuals around the world, which will be presented at the 2014 International Elder Law and Policy Conference in Chicago. From the submitted abstracts, the Conference organizers will develop the agenda for the conference.

The original research can be based on the following general themes (either limited to one or two countries, or a broader analysis of multiple countries):
- The elimination of age discrimination;
- Autonomy, independent living, and health care issues affecting the elderly;
- Life continuing with dignity because of adequate access to social security and other financial resources;
- Prevention of elder abuse and violence; and
- Access to justice for elderly individuals in need of assistance.

ABSTRACT SUBMISSION PROCEDURE: Abstracts may be submitted by academics, graduate students, advocates, and other interested individuals and groups, of all disciplines, as long as the proposals focus on the law and public policy. Abstracts must be written in English, and should be submitted to by October 31, 2013; and, the Conference organizers will contact all authors by November 15, 2013 with decisions on which abstracts have been accepted. Late submissions may be accepted if space remains available.

THE FINAL ACADEMIC PAPER SUBMISSIONS: Authors of abstracts accepted by the Conference organizers will be expected to submit a draft of the basically complete article, in English, by April 28, 2014. After some general peer-reviewed comments, suggestions, and questions are provided back to each author by May 30, 2014, each author will then re-submit a revised draft, incorporating the comments, suggestions and questions, by June 16, 2014. All revised draft papers will be posted on the conference website ahead of the conference, and all will clearly be marked “Draft Only – Do not Cite or Distribute.” After discussing their research at the Conference, authors will then have until August 15, 2014 to submit the final article, which, if accepted as publishable through peer review, will be published in one of the academic journals or law reviews associated with The John Marshall Law School, Roosevelt University, or East China University of Political Science and Law.

Any other author can submit an original academic article or paper in final form by August 15, 2014 for consideration of publication, even if the author did not participate in the conference.

CONFERENCE CO-SPONSORS (still in formation):
The Braun Lecture Fund, The John Marshall Law School, Chicago, Illinois, USA
The Chicago Bar Association
The Sino-American Research Center for an Aging Population
Chicago Sister Cities International, China Committee
Chinese American Service League, Chicago

THE CONFERENCE: Information about the 21st Braun Memorial Symposium, including registration links and travel and lodging suggestions, will open by January 15, 2014, through

FURTHER INFORMATION: All questions about this conference, or submission of abstracts or articles, should be directed to Barry Kozak at; 1.312.427.2737 ext. 524.

Please feel free to post this call for papers and conference announcement, and to pass it along to your colleagues. 


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