George Mason Law School Public Policy Conference on the Law & Economics of Privacy and Data Security
I am writing to invite you to attend the Law & Economics Center’s Public Policy Conference on The Law & Economics of Privacy and Data Security. The conference will be offered by the LEC’s Henry G. Manne Program in Law & Economics Studies on Wednesday, June 19 from 8:00 am to 5:00 pm. The full program can be viewed here.
Consumers have an incredible array of technologies and services available to them online. As these technologies have progressed, there are growing questions as to what policies are best suited to protect consumers and encourage industry innovation. Topics include the role of the state attorneys general in enforcing privacy laws, the role of privacy in antitrust analysis, how privacy regulation affects competition, and a discussion of the rapidly changing landscape of spam, spyware, data portability, and industry data retention guidelines.
You may register through the link below.
I hope to see you in June.
Best,Henry N. Butler George Mason University Foundation Professor of Law George Mason University School of Law Executive Director, Law & Economics Center
Over at the Criminal Law JOTWELL, Mary Fan has reviewed Margaret Hu’s forthcoming article, Biometric ID Cybersurveillance, 88 Indiana L.J.__ (forthcoming 2013), available at SSRN. Margaret will be joining the W&L Law Faculty this coming July. Here is an excerpt of the review, which was also featured at The Faculty Lounge:
The dystopian world of “biometric ID cybersurveillance” that Margaret Hu envisions makes the old passports and smart agents seem old-fashioned. She catalogues the many ways the government is working toward expanding its “virtual cybersurveillance and dataveillance capacities.” She maps out emerging forms of “bureaucratized cybersurveillance” – more pervasive ways of technology-assisted identity verification and tracking. For example, instead of those stodgy information-limited modes of ID checks such as reviewing paper passports, alien identity papers, social security cards and driver’s licenses, she writes of biometric ID checks, digitalized IDs and other more information-laden methods of identification. Automated checks, database screening and biometric IDs may even “remove the matching process from the trained expertise of specific forensic experts,” leaving us at the mercy of glitchy and hard-to-contest hardware and software.
The future is unfolding now, her article suggests. Proposals such as a biometric national ID are just ideas now, she notes. But in myriad ways, methods and modes of identification are developing toward such a future. Hu’s paper has several informative tables that collect valuable information about the ways that more pervasive technology-aided methods of identity verification and tracking are seeping into our present and future. Fittingly for an article about the government amassing data, one of the article’s most helpful contributions is its impressive amassing in one place numerous charts regarding the myriad programs, agencies and proposals that are structuring the future of more pervasive identity surveillance.
There is a brain trust of scholars working at the cutting edge of technology, privacy, big data, and the bounds of government power. Many convene each year at the Privacy Law Scholars Conference, an exciting hub for ideas created by Dan Solove and Chris Hoofnagle. Attend the conference and you will be struck by the dynamism and diversity of intellectual threads in this fast-expanding field of work.
What Hu’s article contributes to the rich conversation is a new voice and great ambition in bringing together many of the major themes and challenges. Readers will benefit from her great labors in offering useful taxonomies to frame the analysis and illuminate the scope and scale of what is unfolding.
In honor of the 50th Anniversary of the “War on Poverty,” the AALS sections on Poverty Law and Clinical Legal Education will sponsor a joint program at the AALS Annual Meeting, entitled 50 Years After the “War on Poverty:” Evaluating Past Enactments and Innovative Approaches for Addressing Poverty in the 21st Century.
The program will explore the effectiveness of the federal “War on Poverty” programs in addressing/eradicating poverty, and participants will discuss how amendments to those laws have had an impact on their effectiveness. The “War on Poverty” programs include: Medicaid, Temporary Assistance for Needy Families (“TANF,” formerly Assistance for Families and Dependent Children), Supplemental Nutrition Assistance Program (“SNAP,” formerly known as food stamps), federally funded legal services (originally under the Office of Economic Opportunity, and now the Legal Services Corporation), Head Start, and the No Child Left Behind Act (originally the Elementary and Secondary Education Act), among others. In addition, the joint program will explore newer ways that the federal government has attempted to address poverty, such asthe Patient Protection and Affordable Care Act, the Children’s Health Insurance Program, the Family and Medical Leave Act and others.
Among the questions to be considered are: In what ways were individual “War on Poverty” programs effective and why? How and why were those programs ineffective? How did amendments to the War on Poverty enactments affect their efficacy in ameliorating poverty? What impact have exclusions from the poverty programs on such grounds as immigration status had on poverty? How do more recent federal laws affect poverty? Do they work with or in opposition to prior federal laws? Can the walls between federal poverty programs be broken down to more effectively address poverty? If so, how? How have communities responded to the “War on Poverty” programs and what impact has their efforts had on reshaping the poverty programs? What are concrete and innovative ways for the federal government to address poverty in the 21st Century for both individuals and communities? In collaboration with the Boston College Journal on Law and Social Justice, the joint program seeks papers for presentation and publication relating to the program’s topic. Submissions may include papers, on substantive law, interdisciplinary innovation or analysis, policy, empirical work, or clinical pedagogy, that either evaluate the effectiveness of the federal role in addressing poverty over the past 50 years, address how the federal government can address poverty in the 21st Century, or both.
The Boston College Journal of Law and Social Justice will publish selected papers, no more than two of which will be selected for presentation at the joint program in New Orleans. Selected authors must agree not to publish their work in another journal. Not all papers selected for publication will be presented at the annual meeting.
Submission information: Papers should be submitted by email attachment to firstname.lastname@example.org. As the Planning Committee will use a blind review process, a cover letter with the author’s name and contact information should accompany the paper. The paper itself, including the title page and footnotes must not contain any references identifying the author or the author’s school. The submitting author is responsible for taking any steps necessary to redact self-identifying text or footnotes. Near complete papers should be submitted by August 9, 2013. Authors of papers chosen for presentation and/or publication will be notified by September 27, 2013. Final papers are due by December 2013.
Eligibility: Full-time faculty members of AALS member law schools are eligible to submit papers. Foreign, visiting (without a full-time position at an AALS member law school), and adjunct faculty members; graduate students; fellows and non-law school faculty are not eligible to submit. Faculty at fee-paid non-member schools are also ineligible.
For more information, please contact Emily Suski, Planning Committee Co-Chair for the Poverty Law Section at email@example.com Hina Shah, Planning Committee Member for the Clinical Legal Education Section at firstname.lastname@example.org.
Washington and Lee law professor Mark Drumbl will give two international presentations on his recent book examining child soldiers and international law.
Drumbl will present first as a faculty member at the 13th Specialization Course in International Criminal Law, titled the Future of International Criminal Law in the Era of Globalization. The week long series of workshops will be held at the International Institute of Higher Studies in Criminal Sciences (ISISC) in Siracusa, Italy. Next, Drumbl will give a keynote address as part of the Canadian Bar Association’s National Military Law Conference, held in Ottawa, Ontario.
Both presentations are based on Drumbl’s book, Reimagining Child Soldiers, published by Oxford University Press. According to Drumbl, the international community’s efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures therefore remain inadequate. Former child soldiers experience challenges readjusting to civilian life. Reintegration is complex and eventful. The homecoming is only the beginning. Reconciliation within communities afflicted by violence committed by and against child soldiers is incomplete. Shortfalls linger on the restorative front. The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. Current humanitarian discourse sees child soldiers as passive victims, tools of war, vulnerable, psychologically devastated, and not responsible for their violent acts. This perception has come to suffuse international law and policy. Although reflecting much of the lives of child soldiers, this portrayal also omits critical aspects.
Drumbl’s book pursues an alternate path by reimagining the child soldier. It approaches child soldiers with a more nuanced and less judgmental mind. This book takes a second look at these efforts. It aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. Along the way, Drumbl questions central tenets of contemporary humanitarianism and rethinks elements of international criminal justice.
Washington and Lee law professor J.D. King has published a new article titled Beyond ‘Life and Liberty’: The Evolving Right to Counsel. The article appears in the Harvard Civil Rights-Civil Liberties Law Review, Vol. 48, 2013. Here is the abstract:
The majority of Americans, if they have contact with the criminal justice system at all, will experience it through misdemeanor courtrooms. More than ever before, the criminal justice system is used to sort, justify, and reify a separate underclass. And as the system of misdemeanor adjudication continues to be flooded with new cases, the value that is exalted over all others is efficiency. The result is a system that can make it virtually painless to plead guilty (which has always been true for low-level offenses), but that is now overlaid with a new system of increasingly harsh collateral consequences. The hidden consequences of a conviction may never be explained to the person choosing to plead guilty, leading to unjust results that happen more regularly and with more severe consequences than ever before.
This Article argues that current Sixth Amendment jurisprudence on the right to counsel has not adequately adapted to the changed realities within which misdemeanor prosecutions take place today. Because of the dramatic changes in the cultural meaning and real-life consequences of low-level convictions, there is no longer a useful or constitutionally significant line between those cases resulting in actual imprisonment and those cases not resulting in imprisonment. Two years ago in Padilla v. Kentucky, the Supreme Court recognized that the line between the direct and collateral consequences of a conviction has no constitutional significance in defining the effective assistance of counsel. Recognizing that the Sixth Amendment right to counsel has evolved throughout its history to accommodate the changing cultural context of criminal prosecutions, this Article calls for a robust expansion of the right to counsel in all criminal cases.
The article is available for download from SSRN.
Sheshunoff-Pratt has published a new book by James H. Pannabecker entitled Compliance Guide to the 2013 Mortgage Lending Rules. The book explains the seven mortgage rules issued in January 2013 by the Consumer Financial Protection Bureau and other agencies to meet deadlines set by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
The manual includes implementation checklists to help develop project plans and audit compliance, before-and-after tables to show how each regulation changes the landscape, call-out boxes to explain important ideas and offer practical pointers, and applicability charts to illustrate which loans are affected by which part of each regulation and whether a “small institution” exemption applies. The book provides summaries, detailed explanations, and background material for each rule. Ordering information is available at www.sheshunoff.com or by calling 800-456-2340.
University of Nevada Las Vegas
Wednesday, October 2 to Sunday, October 6, 2013, Lone Mountain Ranch, Big Sky, MT
The George Mason Law & Economics Center (LEC) and the Property and Environment Research Center (PERC) presents the LEC-PERC Workshop on Environmental Economics for Law Professors to be held at the Lone Mountain Ranch in Big Sky, Montana. The program will run from Wednesday, October 2 to Sunday, October 6, 2013 and is part of the newly created LEC-PERC Joint Program on Economics, Law, and the Environment (http://www.masonlec.org/programs/lec-perc-joint-program-economics-law-environment).
OVERVIEW: The objective of this three-day workshop is to expose professors who teach natural resource and environmental law to the importance of property rights, transaction costs, and markets for solving environmental problems. The workshop will begin with some initial theoretical insights regarding the potential for environmental markets and build to specific applications to land, forests, wildlife, minerals, water, air, and ecosystem services, to mention a few.
The primary audience is tenured law school faculty who teach and do research on property, natural resources, and environmental law.
The LEC-PERC workshop will accommodate up to 24 law professors. All professors must attend all group meals together. Class sessions will be held Thursday through Saturday, with morning and afternoon sessions each day.
Reading materials will be provided in advance, and all participants should arrive having read, and prepared to discuss, the materials.
The LEC-PERC Workshop on Environmental Economics for Law Professors is organized by Henry N. Butler, George Mason University Foundation Professor of Law at George Mason University School of Law and Executive Director of the LEC, and Terry L. Anderson, President of the PERC and John and Jean De Nault Senior Fellow at the Hoover Institution, Stanford University.
No Tuition; Hotel and Group Meals are Provided.
There is no tuition charged for the workshop, nor are there any room and board fees. Participants are responsible for their own travel costs to and from the workshop, as well as incidental expenses and individual meals.
APPLICATION PROCESS AND ACCEPTANCE: Acceptance for this conference is by competitive application only. Application should be made here: http://www.cvent.com/d/gcqs5g. Each applicant must state why they believe this program will be valuable to them and their work, and provide the names and contact information for three (3) professional references. The applicant may also include any additional information that would be pertinent to the decision-making process. Nominations by deans or letters of recommendation are welcome, but not required.
FURTHER INFORMATION: For questions regarding the application process, or about the program in general, please contact Jeff Smith at jsmithQ@gmu.edu. The LEC will begin evaluating applications on May 20, 2013 and will continue to consider applications until the program is fully subscribed.
PRELIMINARY AGENDA: The preliminary agenda can be seen on our website here: http://www.masonlec.org/events/event/134-lec-perc-workshop-law-professors-environmental-economics
June 13-14, 2013, Chicago
In an ever changing legal landscape, this program again promises to provide a timely and practical update on antitrust developments around the world. Our speakers are leading private and in-house lawyers, economists and antitrust enforcers from the US, EU, Brazil and India. Among them are Bruno Lasserre, President, Autorite de la Concurrence, Paris; Maureen K. Ohlhausen, FTC Commissioner; and Professor William Kovacic, now at George Washington University Law School and formerly an FTC Chairman. We hope you’ll join us for this exciting program.
This conference is sponsored by the Searle Center on Law, Regulation, and Economic Growth at Northwestern Law, Baker & McKenzie, Mayer Brown, Microsoft Corporation, NERA Economic Consulting, and MLex.
TOPICS: Topics will include:
- Update on International Cooperation and Convergence
- Year in Review – US, EU and Brazil
- Venturing Outside the US – Antitrust Issues in Competitor Collaborations, Joint Ventures, Strategic Alliances, Teaming Agreements
- Antitrust Litigation, Arbitration and Use of Economists Outside the US
- Lessons Learned From Compliance to Global Cartel Investigations
- Update on Antitrust Enforcement in India
- Antitrust Perspective on Innovation, New Product Development, Standard Setting and Licensing
- Antitrust Issues in Doing Business in China
- Evaluating the Effects of Merger Policy
- Basic Economic Concepts Arising in Antitrust Matters
- Tying, Bundling, Exclusivity, MFNs and Other Distribution Issues
- Identifying and Resolving Conflicts Outside the US
FURTHER INFORMATION: For full program details, please visit: http://www.law.northwestern.edu/searlecenter/conference/international
- $400 Standard Registration
- $200 Government/Academic/Judicial
CLE CREDITS: Earn up to 10.75 CLE credits in the State of Illinois, including 2.0 professional responsibility (ethics) CLE credits.
NAACP LDF Race and Civil Rights in 2013 Conference: A Critical Analysis of 21st Century Challenges and Opportunities
The first of a dynamic two-part conference designed to engage the nation’s leading civil rights and racial justice advocates, including lawyers, scholars, and organizers
The purpose of the conferences is not only to identify challenges, but also to engage practitioners, organizers, and scholars who can offer innovative and under-explored ways of framing and executing civil rights legal initiatives.
- Identifying the key barriers to equality and opportunity for people of color in contemporary American life.
- Exploring the realities presented by current economic challenges and securing pathways to educational and economic opportunity for poor African Americans.
- Identifying strategies to mainstream an understanding of implicit racial bias in civil rights law and policy.
- Promoting a criminal justice paradigm that recognizes the need for violence reduction and increased public safety in communities of color, and challenges mass incarceration, injustice and racism in the criminal justice system.
As space is extremely limited at the conference, we advise participants to register online in advance to reserve a seat. The conference registration fee is $50 and can be made using credit card or check online. To the extent that space is available on the conference day, on-site registration will be permitted starting at 8:00 a.m. on June 6, 2013. On-site registrants may submit the $50 registration fee by cash or check, made payable to the NAACP Legal Defense and Education Fund, Inc.
Thursday, June 6, 2013 - 8:00am - 5:00pm
Washington, DC 20016
Agenda can be downloaded at https://reg.naacpldf.org/agenda.pdf