Professor Shannon Presents on Third-Party Litigation Funding at Wake Forest University School of Law
On Thursday, February 27, 2014 Professor Victoria Shannon presented a paper entitled The Three Regulatory Facets of Third-Party Litigation Funding at Wake Forest University School of Law as part of the Junior Faculty Exchange Program. Professor Shannon’s paper identifies the three systems that make up third-party litigation funding – the transactional, procedural, and ethical systems – and suggests a cross-referenced regulatory regime within and across those three facets as a reasonable approach to regulating the industry holistically.
Washington and Lee law professor Christopher Bruner’s recent paper on the role of small jurisdictions in cross-border corporate and financial services, Market-Dominant Small Jurisdictions in a Globalizing Financial World, was one of seven papers selected for discussion at the Annual Comparative Law Work-in-Progress Workshop. The event, co-sponsored by the American Society of Comparative Law, will take place at the UCLA School of Law on March 7-8, 2014.
From the abstract:
“Over recent decades small jurisdictions have become big players in cross-border corporate and financial services. To date, however, their nature, legal status, and market roles remain under-theorized. Lacking a coherent vocabulary to describe the functions that such jurisdictions perform – and the peculiar strengths of those small jurisdictions actually achieving substantial success in the global financial marketplace – we find ourselves unable to evaluate their social and economic impacts in a nuanced and rigorous manner. Accordingly, this article proposes a new conceptual framework with the dual aim of refining the debate regarding the legitimacy and desirability of their activities, and reorienting that debate toward more productive inquiries.”
Washington & Lee law professor Lyman Johnson has published a new article in the American University Business Law Review on teaching mergers and acquisitions in a business planning course. The article, M&A as One Component of a Business Planning Course is forthcoming in volume 3:1.
From the abstract:
This article describes how mergers and acquisitions (“M&A”) can be taught in law school as one component of a business planning course that also addresses other stages of a business’s development, such as the start-up and financing of growth stages. This approach to covering M&A is in contrast to a curricular offering that focuses solely on M&A for an entire semester. The benefits and costs of such an M&A module approach are identified, and the key pedagogical features of the M&A segment are explained. One critical factor for successful pedagogy is for the professor to collaborate with both an experienced transactional lawyer and a seasoned transactional business person. Effective partnering in this way requires the professor to articulate clearly to those cohorts the importance of transmitting practical knowledge and experience, to be sure, but doing so while being especially mindful of the teaching/learning process itself. For those lawyers and business persons who can successfully combine deep sophistication with attentiveness to the teaching function — a challenge in one or two-day “cameo” appearances — the pedagogical payoff is immense. This article pays special attention to the crucial role of the business “deal person” in this approach to M&A.
Read more of Professor Johnson’s scholarship here.
Washington & Lee law professor Mark Drumbl traveled to Hong Kong to participate in a major conference on the Historical Origins of International Criminal Law. Part of the purpose of this gathering is to look beyond the ‘usual suspects’ — for example, Nuremberg and international institutions – when we think about the history of war crimes trials. Many national courts have played a crucial, although unheralded, role in the process of building the field and seeking justice in the aftermath of atrocity. The conference is hosted by the City University of Hong Kong.
Professor Drumbl will deliver a keynote lecture that looks at the work of the Supreme National Tribunal of Poland. Between 1946 and 1948, this institution prosecuted 49 individuals in seven cases. The Tribunal delivered the first conviction ever of a leading Nazi for waging aggressive war, was groundbreaking in denouncing the Holocaust as genocide before the international community recognized the crime, and was pivotal in setting out the details of the Auschwitz concentration camp and its functioning. It was the first institution to declare the concentration camps as criminal organizations. The Tribunal delivered its first two judgments before the Nuremberg Tribunal’s judgment was issued, and continued its work thereafter. Studying the work of the Polish Tribunal also opens a number of other doors. While the decrees that established the jurisdictional base of the Tribunal (to punish enemies of the state) helped bring justice for World War II crimes, these very same decrees also served to enable the post-War Communist government to prosecute, detain, and punish citizens who dissented from its orthodoxies who were also determined to be enemies of the state. This shows how criminal law passed to prosecute war criminals can come to serve repressive ends. Second, the Tribunal was geared to highlight Polish suffering in the War, and extended genocide to the context of Poles, Slavs along with European Jews. Poland pushed for representation at Nuremberg, but the Allies rebuffed this request. The Tribunal was a response thereto.
Professor Drumbl specifically discusses these issues through the lens of the Tribunal’s conviction and execution of Rudolf Hoess (the Kommandant of Auschwitz) and Amon Goeth (the Kommandant of forced labor camps in Krakow – who was played by Ralph Fiennes in Schindler’s list). Hoess was the consummate bureaucrat, who murdered because that was what his job called for; he ironically disliked seeing people suffer and this was among the reasons for developing Zylkon B gas at the camp. Goeth was a sadist who lorded over grotesque displays of gratuitous violence; he routinely flouted SS guidelines about how to run a prison death camp and stole so many of the prisoners possessions for personal use (rather than for Reich use) that he was arrested by the SS in 1944. In this regard, the work of the Tribunal also helps our study of the different kinds of personal profiles that perpetrators of massive war crimes may share.
In addition to delivering a keynote, Professor Drumbl will speak on the closing plenary session.
Washington & Lee law professor Timothy Jost has published an article in the New England Journal of Medicine. Professor Jost’s article Beyond Repeal – A Republican Proposal for Health Care Reform was published online February 12, 2014.
By voting repeatedly to repeal the Affordable Care Act (ACA) over the past 4 years, Republicans have risked being identified as a party without a positive health policy agenda. On January 27, 2014, however, three Republican senators — Orrin Hatch (UT), Tom Coburn (OK), and Richard Burr (NC) — unveiled a proposal that would not only repeal the ACA, but also replace it with comprehensive legislation based on Republican health policy principles.1 Although the proposal recycles long-standing Republican prescriptions, it also offers new ideas.
Read more of Professor Jost’s work here.
On March 6 and 7, 2014, Washington and Lee law professor James Moliterno will be engaged in meetings and presentations in Slovakia on the state of Slovak higher education. Professor Moliterno will participate in sessions with representatives of the prosecution service regarding a prosecutor’s code of ethics, with law faculty at Comenius University on academic ethics, and a with a group of reform-minded judges who have been trying to improve the state of the Slovak judiciary.
Also during the week of March 7, 2014, Professor Moliterno will be at the Instituto Empresa Law Faculty in Madrid to conduct a workshop on experiential education for the faculty and present a lecture to IE’s LLM students on the impact of Alternative Business Systems on global legal markets.
Read more about Professor Moliterno’s scholarship here.
Washington & lee law professor James Moliterno will present at the thirteenth annual Symposium on Legal Malpractice & Ethics at St. Mary’s Law School in San Antonio, TX on February 28, 2014. The symposium will feature discussion of practical issues that attorneys and judges face daily, as well as forward looking trends in the legal malpractice and ethics fields.
Professor Moliterno will present “Why Lawyers Do What They Do” reporting the findings of a survey conducted of Virginia lawyers. The survey asked lawyers about their motivations for doing things required by the ethics rules. Among the possible motivations were fear of bar discipline, fear of malpractice, to gain more clients and keep current clients happy, and to do the right thing without regard to the consequences.
Read more about Professor Moliterno’s work here.
Washington & Lee law professor Russell Miller’s contribution to Verfassungsblog was published on Wednesday, February 26, 2014. Verfassungsblog is a German law blog hosted by the prestigious Wissenschaftskolleg zu Berlin. Professor Miller’s post is titled Poor Prospects for Internationalization: Germans and Americans in Law Faculty Jenseits des Atlantiks. It is part of a series reacting to the recently published report of the German Council of Sciences and Humanities examining the current state of and future of German legal education.
On February 12-13, 2014, Professor Victoria Shannon participated in the first meeting of the Third-Party Funding Task Force, jointly organized by the International Council for Commercial Arbitration (ICCA) and Queen Mary, University of London. The meeting was held on the campus of Queen Mary School of Law in London.
The Third Party Funding Task Force will systematically study and make recommendations regarding the procedures, ethics, and related policy issues relating to third-party funding in international arbitration. The Task Force is comprised of representatives drawn from among all relevant stakeholders and interested members of ICCA. Its work will be presented in a series of White Papers and a number of public colloquia to be hosted at Queen Mary’s Centre for Commercial Law Studies in London.
The second meeting of the Task Force will be held in conjunction with the ICCA Biennial Congress in Miami, Florida on April 6-9, 2014.
Information about the work of the Task Force and a list of its members is available here.
Visiting law professor Todd peppers is a co-organizer and participant at the upcoming symposium Judicial Assistants or Junior Judges: the Hiring, Utilization and Influence of Law Clerks.
The symposium will be held on April 11-12, 2014 at the Marquette University Law School. During the symposium, judicial biographers, journalists, legal scholars, social scientists, and judges will discuss a variety of issues related to law clerks – from how law clerks are selected (including issues of racial and academic diversity) and relied upon by biographers and journalists to the various job duties given to law clerks and the related question of law clerk influence. The Marquette Law Review will subsequently publish a symposium edition, containing essays written by many of the participants.