Archive for December, 2012

Professor Pannabecker Publishes Article in Banking Law Journal

December 27, 2012 Leave a comment
Prof. James Pannabecker

Prof. James Pannabecker

The January 2013 issue of the Banking Law Journal includes an article by W&L Professor of Practice James Pannabecker entitled “The CFPB Issues an Exemption from Dodd-Frank Mortgage Disclosures, Leading the Industry to a Potential Regulatory Cliff.”

The article argues that the Consumer Financial Protection Bureau made a mistake in not issuing a detailed final rule by January 21, 2013 as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act, doing a disservice to both the industry and consumers. Instead, the agency issued an exemption for twelve disclosure requirements it intends to address in a final rule later in 2013. The agency took this action despite a Dodd-Frank provision stating that its mortgage requirements, including the twelve disclosures, would automatically take effect on January 21 if regulations were not adopted by that date. The CFPB could have excised from previous proposals the rules for each of the twelve disclosures and issued them in final form before January 21, then later adjusted the compliance date if appropriate. Its admittedly temporary exemption relies on regulatory flexibility options and invites litigation. The article offers disclosure language for lenders that choose to implement the twelve disclosures despite the CFPB exemption. Download: 130 Banking Law Journal 37 (January 2013).

Call for Papers: Fourth Workshop for Junior Researchers on the Law and Economics of Intellectual Property and Competition

December 23, 2012 Leave a comment

From June 10 to June 12, 2013, the International Max Planck Research School for Competition and Innovation ( and the Center for Law & Economics at ETH Zurich ( will jointly organize their Fourth Workshop for Junior Researchers on the Law and Economics of Intellectual Property and Competition Law.

OVERVIEW: The workshop will enable a small number of junior researchers from law and from economics to engage in an intensive, rigorous discussion of their own scholarly work. Several senior professors from law and from economics departments in Europe and the United States will provide feedback on the research projects. Keynote speakers & commentators include faculty of both hosting institutions as well as Professors Ariel Katz (University of Toronto), Mark Lemley (Stanford University), Mark McCabe (University of Michigan/SKEMA Business School, France), Geertrui Van Overwalle (Universities of Leuven & Tilburg), and Joel Waldfogel (University of Minnesota). The workshop will be held at Castle Ringberg (, which is located in a lovely region one hour south of Munich, Germany. The organizers will fund travel and hotel expenses for all invited workshop participants.

PAPER SUBMISSION PROCEDURE: Excellent junior researchers (doctoral students, postdocs, research fellows and assistant professors) from law and from economics are invited to submit their application online at

FURTHER INFORMATION: Further information is available at Any questions concerning the workshop should be directed to Prof. Stefan Bechtold,


Professor Tim Jost named Contributing Editor of Health Affairs

December 21, 2012 Leave a comment
Prof. Tim Jost

Prof. Tim Jost

Washington and Lee law professor Tim Jost has been named a contributing editor for Health Affairs, the nation’s leading health policy journal. Jost has been a regular contributor to the Health Affairs blog this year, authoring over thirty posts on the Affordable Care Act covering implementation issues and legal challenges.

Jost’s look at the 2012 election and the implementation of the Affordable Care Act in its aftermath topped the list of most-read Health Affairs Blog posts for November 2012. His posts previously captured three spots on Health Affairs 2011 Most Read List. An archive of Jost’s posts can be found here:

In addition, a perspective column Jost wrote on the litigation challenging the Affordable Care Act requirement that insurers and group health plans cover contraception was published recently in the New England Journal of Medicine. That column can be found here:

Register by Jan 1. for Northeast Law & Society Conference Jan 11 & 12, 2013 Amherst College

December 21, 2012 Leave a comment

The Northeast Law & Society Conference will take place Jan 11. & 12, 2013 at Amherst College, Amherst, MA.  The Registration has been extended to Jan. 1, 2013.

The program and registration form are attached here.

Boston College Law Review Moves to Scholastica

December 19, 2012 Leave a comment

Dear Friends of the Boston College Law Review,

We are pleased to announce that on February 1, 2013, the Boston College Law Review (BCLR) will transition to Scholastica as our online platform for manuscript submissions. As of that date, we will only accept submissions through Scholastica (preferred) or email ( We will no longer accept submissions through Expresso. You can find us on Scholastica at

BCLR has always sought to publish timely and important legal scholarship while providing outstanding service to our authors. Scholastica will allow us to focus more intently on these goals by creating an easier and more transparent submission and production experience.

Institutions can create accounts to pay for submissions via Scholastica, so authors affiliated with law schools will have the same payment experience they have had on Expresso. Scholastica is committed to ensuring that authors are able to submit regardless of institutional support, and need-based fee waivers are available for a variety of circumstances. Further information about Scholastica is available at

As always, BCLR will continue to accept and review submissions year-round. We look forward to reviewing your submissions in the months ahead. In the meantime, please do not hesitate to contact us by email at if you have any questions.


Mathilda McGee-Tubb

Lavinia Weizel, Jennifer Kent & Paul Easton
Executive Articles Editors

Jesus College, Oxford Shaw Foundation Junior Research Fellowship in Law

December 18, 2012 Leave a comment

Jesus College, Oxford invites applications for the Shaw Foundation Junior Research Fellowship (JRF) in Law, tenable for three years from 1 October 2013.

QUALIFICATIONS: The JRF is open to those intending to pursue research in Law, who are at an early stage of their academic career, typically at post-doctoral level.

SALARY/BENEFITS: The salary is on points 29-31 of the national pay spine, starting with point 29 (currently British Pound 29,249 p.a.). Free meals in College, USS pension, a College study room equipped with computer and printer, and an annual research allowance of British Pound 850 are also offered. The post is generously fully funded by The Shaw Foundation.

APPLICATIONS/FURTHER INFORMATION: Further information on the JRF may be accessed from the Jesus College website at, or obtained from:

Mrs Helen Gee
Principal’s Secretary
Jesus College
Oxford OX1 3DW

to whom applications should be sent by 21 January 2013.

Jesus College is an equal opportunities employer.

Professor Chris Seaman Publishes Article in Yale JOLT

December 17, 2012 Leave a comment
Prof. Seaman

Prof. Seaman

W&L Law Professor Christopher Seaman has just published a piece in Yale’s Journal of Law and Technology entitled Best Mode Trade Secrets (co-authored with Brian Love).  Here is the abstract:

Trade secrecy and patent rights traditionally have been considered mutually exclusive. Trade secret rights are premised on secrecy. Without it, they evaporate. Patent rights, on the other hand, require public disclosure. Absent a sufficiently detailed description of the invention, patents are invalid. However, with the passage of the Leahy-Smith America Invents Act (“AIA”) last fall, this once black-and-white distinction may melt into something a little more gray. Buried amidst myriad tweaks to the Patent Act is one that has the potential to substantially change the boundary between patent and trade secret protection. For the first time since at least 1952 (and as a practical matter since 1870), an inventor’s failure to disclose in her patent the preferred method for carrying out the invention—the so-called “best mode”—will no longer invalidate her patent rights or otherwise render them unenforceable. In this brief Essay, we explain why it may become routine post-patent reform for patentees to attempt to assert both patent rights and trade secret rights for preferred embodiments of their invention in certain types of cases. We also consider potentially undesirable ramifications of this change and suggest one approach that courts may use to limit claims of concurrent trade secret and patent protection when equity demands.

You may download the piece by visiting