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Archive for January, 2014

False Confessions Symposium Underway

January 31, 2014 Leave a comment

The False Confessions Symposium is underway at Washington & Lee University School of Law in Lexington, VA. This symposium is examining the story of the Central Park Five, the Norfolk Four, and other cases involving false confessions. Speakers include Steve Drizin, a leading researcher in the field; Steve Northup, lawyer from Troutman Sanders who represented Erick Wilson of the Norfolk Four; Gerry Zirken, a Federal Public Defender who represented Earl Washington; Steve Rosenfeld, who represents another Norfolk Four defendant, and interrogation expert James Trainum.  The symposium was organized by Prof. Jonathan Shapiro, a Visiting Professor of Law at Washington & Lee and an experienced practitioner in the criminal law area.

You may watch the event live via a stream available here: http://new.livestream.com/wlu/false-confessions-symposium. Written materials for the event are available here: http://law.wlu.edu/lawcenter/page.asp?pageid=1688.

Here is the schedule:

Four False Confessions and How They Happened

9am – 10:30am

Professor Drizin presents a summary of  his research on false confessions cases and recounts the Central Park Five case.  Steve Northup recounts the Norfolk Four case. Brandon Garrett presents his research on wrongful convictions and false confessions.

Raymond Santana and Eric Wilson describe their interrogations. Excerpts from confessions played.

10:30am – 10:45am

Break

10:45 – 12:00pm

Jerry Zerkin recounts the Virginia case of Earl Washington, convicted of rape and murder and sent to death row based on a false confession, now exonerated.

Steven Rosenfield, Laura Nirider, and Jeffrey Aaron recount the Virginia case of Robert Davis who falsely confessed to the murder of a mother and her child, sentenced to 23 years and now waiting clemency.

12:00pm – 1pm

Lunch break

Police Interrogation – The Reid Technique

1pm –  2:45pm

James Trainum and Steven Drizin describe the Reid technique of interrogation.

Jonathan Shapiro describes defense of Fairfax County child sex-abuse case based on false confession, with excepts of confession played and commentary by James Trainum, Steven Drizin and Jonathan Shapiro.

Steven Drizin, Jonathan Shapiro, Steven Rosenfield, Jerry Zerkin and Stephen Northup discuss preparing the case for attacking a false confession.

2:45pm – 3pm

Break

The Fight for Exoneration – Law and Politics

3pm – 4pm

Panel discussion – Steven Rosenfield, Stephen Northup, Steven Drizin, Jeffrey Aaron and Jerry Zerkin describe the fight for exoneration in their cases, including the law and the politics.

4 – 4:30pm

Question and Answer, and closing comments

This event is sponsored by the Frances Lewis Law Center, Washington and Lee University Law School, and these Washington and Lee organizations: The Innocence Project, CONTACT, the Student Bar Association, the Black Law Students Association, the Federalist Society, the Criminal Justice Clinic, the National Lawyers Guild, and The Journal of Civil Rights and Social Justice.

W&L Law Professor Lyman Johnson Speaks at Upcoming “Love and Law” Conference

January 31, 2014 Leave a comment
Prof. Lyman Johnson

Prof. Lyman Johnson

Washington & Lee law professor Lyman Johnson will speak at the upcoming Love and Law Conference sponsored by the Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics and hosted at Pepperdine University.   The conference will address questions about the role of Christian love, or agape, in law.

Professor Johnson will speak at a plenary session, Finding love in law where you might not expect it, on Saturday, February 7th.  He will address issues of Love and Corporate Theory.

Learn more about Professor Johnson’s scholarship here.

Professor Michelle Drumbl Speaks at ABA Tax Section Mid-Year Meeting

January 30, 2014 Leave a comment
Prof. Michelle Drumbl

Prof. Michelle Drumbl

At the recent ABA Tax Section Mid-Year Meeting Washington & Lee Law Professor Michelle Drumbl participated in two distinguished panels.

The first panel, hosted by the Tax Policy & Simplification Committee on Friday January 24th, was entitled “The Role of the IRS in the Administration of Social Welfare Policy”.  Professor Drumbl’s remarks focused on the administration of refundable credits and their unduly punitive impact on those taxpayers who make inadvertent errors when claiming these social benefits on their tax return.

The second panel was hosted by the Pro Bono & Tax Clinics Committee on Saturday January 25th.  The panel was entitled “Eliminating Errors and Penalties in Tax Return Preparation” and Professor Drumbl addressed the erroneous refund penalty as well as the potential impact of the recently decided Rand v. Commissioner case on low-income taxpayers.

Learn more about Professor Drumbl’s scholarship here.

Prof. Lyman Johnson Contributes to Columbia Law and Harvard Law Blogs

January 30, 2014 Leave a comment
Prof. Lyman Johnson

Prof. Lyman Johnson

Washington & Lee law professor Lyman Johnson is invited to contribute to both the Columbia Law School Blue Sky Blog and the Harvard Law School Forum on Corporate Governance and Financial Regulation in anticipation of his forthcoming article The Dwindling of Revlon (with R. Ricca).   From the abstract:

This article traces the dramatic dwindling of the iconic Revlon doctrine. Over the past several years, we observe a paradox in M&A litigation. The number of challenges to “done deal” transactions has skyrocketed, but the number of successful Revlon claims – those procuring a remedy – has plummeted. Having set out to suggest, as a theory and policy matter, that Revlon might be extended into the attempted but failed “no deal” context, we conclude, ironically, that today there is little remedial clout to the Revlon doctrine in any setting.

Professor Johnson’s post at the CLS Blue Sky Blog appears today, January 30th, here.  

W&L Law Faculty Ranks High in SSRN Judgments & Liens eJournal

January 29, 2014 Leave a comment

Congratulations to Professors Christopher Seaman, Susan Franck and Doug Rendleman for their recognition in SSRN’s list of top downloaded papers.

In the Judgments & Liens eJournal Professor Seaman’s article, Willful Patent Infringement and Enhanced Damages After In re Seagate: An Empirical Study, ranks third.   Professor Franck’s article, Rationalizing Costs in Investment Treaty Arbitration, appears  fifth.  Professor Rendleman’s brief Scholars’ Supreme Court Amicus Brief in Support of Neither Party: Petrella v. Metro-Goldwyn-Mayer (with D. Laycock and M. Gergen) ranks seventh among recently posted papers.

Prof. Jeff Kahn Expert Witness in No Fly List Case

January 20, 2014 Leave a comment
Professor Jeffrey Kahn

Professor Jeffrey Kahn

Last week, a federal judge in San Francisco ruled in favor of the plaintiff in Ibrahim v. DHS, et al.  This is the first challenge to the constitutionality of the No Fly List to be tried in federal court.

Jeff Kahn, a visiting professor at Washington and Lee Law School, was an expert witness in that case for the plaintiff, Dr. Rahinah Ibrahim, a Malaysian national whose graduate study at Stanford was cut short by her placement on the No Fly List.  Prof. Kahn’s testimony largely revolved around the conclusions he reached in his book, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists (University of Michigan Press, 2013).

According to Prof. Kahn, the trial was unusual for a variety of reasons, many of which are noted in a post he contributed to a well-known academic website, Lawfare.  The case has also been covered by the Associated Press.

Prof. Kahn comes to W&L Law from Southern Methodist University Dedman School of Law. Prof. Kahn teaches and writes on American constitutional law, Russian law, human rights, and counterterrorism. His latest research on U.S. legal topics focuses on the right to travel and national security law.

Federalist Society Junior Faculty Workshops: Request for Proosals

January 20, 2014 Leave a comment

From the Federalist Society:

We are pleased to announce that the Federalist Society Faculty Division is sponsoring a new round of Junior Faculty Workshops.  These workshops are intended to provide a structured—but relatively informal—environment in which six or so faculty members from different law schools can gather to spend a day workshopping each others’ papers, followed by a group meal.  The workshops can focus on a particular subject area or cover a broad range of interests, depending on the organizer’s preference.  

We envision workshop participants consisting primarily of junior tenure track faculty (defined as people who have been in tenure track positions less than seven years), but also encompassing fellowship recipients or doctoral candidates in appropriate cases.  A junior faculty member will be responsible for organizing and directing the workshop, and will receive a budget for the event.  Wherethe participants are in relatively close geographical proximity, the maximum budget will generally be $1,000.  Where some degree of air/rail travel and lodging will be necessary, we may increase thebudget to as much as $3,000 to help defray travel costs. Organizers should plan to hold theworkshop sometime in 2014.

We invite interested junior faculty members to submit a workshop proposal setting forth a topic, date, location, schedule, list of potential participants, and description of anticipated expenditures. Proposals should be sent via email to anthony.deardurff@fed-soc.org no later than Friday, March 7, 2014.

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