Category: Administrative Announcements


Introducing Guest Blogger Bruce Boyden

boyden-bruce.jpgWe are very pleased to have Bruce Boyden join us this month for a guest visit. Bruce is a visiting assistant professor at Washington & Lee University School of Law, where he teaches contracts, internet law, and patents. He has a B.A. from the University of Arkansas, did graduate work in history at Northwestern, and received his J.D. from Yale Law School. From 1997-2005, Bruce was a litigation associate at Proskauer Rose, where he worked on a wide variety of internet law and copyright matters, including content protection, infringement claims, domain name disputes, keyword advertising, privacy, and suits against anonymous defendants. Bruce left private practice in 2005 to take a visiting position at Michigan State University College of Law, and in the spring moved to Washington & Lee.

His current research focuses on copyrights in videogame displays, and on recent trends in copyright scholarship. He is also the author of a chapter on the Electronic Communications Privacy Act in a forthcoming treatise on privacy law, “Proskauer on Privacy” (PLI, Fall 2006).


Introducing Guest Blogger Eduardo Peñalver

penalver-eduardo1.jpgI’m very pleased to announce that Professor Eduardo Peñalver of Cornell Law School will be visiting us this month. Eduardo has just joined the Cornell Law faculty after teaching from 2003-05 at Fordham Law School. He was a visiting professor at Yale Law School for the 2005-06 academic year. Professor Peñalver has a B.A. from Cornell University and a JD from Yale Law School. He clerked for Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit, and for U.S. Supreme Court Justice John Paul Stevens. Eduardo writes about property and land use, as well as law and religion.

Eduardo will be publishing a book called Property Outlaws with the Yale University Press with co-author Sonia Katyal. Some of his publications include: Property Outlaws, — U. Pa. L. Rev. — (forthcoming 2007) (with Sonia Katyal); Property as Entrance, 91 Va. L. Rev. 1889 (2005); and Regulatory Taxings, 105 Colum. L. Rev. 2182 (2004).


A Milestone

292692_milestone.jpgA brief note to celebrate an artificial milestone. According to Sitemeter, we received visitor number 500,000 sometime during the wee hours of the morning. [My bet: it was Filler, obsessively checking to see who was reading his “very goodKansas v. Marsh post).]

Not too shabby, considering that we’re not even nine months old. Way to go us! [Update:I forgot to mention that we also recently posted our 1,000th entry. Contrary to popular belief, a majority have fit within our motto’s constraints of “the Law, the Universe, and Everything.”]

And now, back to our regular programming.


Nate Oman Returns

Nate Oman, who blogged with us from the start and took a brief leave of absence to finish up work at his firm, is now rejoining us at Concurring Opinions! He’ll be teaching full-time as a law professor at William & Mary School of Law starting this fall.

Welcome back, Nate!


Back to Blogging

I’ve been out-of-pocket over the last week on vacation in sunny California. Astonishingly, something called “June gloom” meant that it is more sunny in Philadelphia than Los Angeles these days. Good riddance! In generally, the trip was terrific notwithstanding the weather. I can recommend the Hess Collection vineyard tour in Napa, as well as Delfina’s restaurant in San Fran. Oh, and we got into Campanile’s grilled cheese night, which was amazing. Not that they don’t have grilled cheese in Philly. But Emily Proctor, who played Ainsley Hayes from the West Wing, won’t be at the next table.

I’ll get back to regular posting soon, but for now, remember that the Conglomerate starts continues its second annual Junior Corporate Scholars Workshop tomorrow. The next paper is The Business Judgment Rule, Disclosure, and Executive Compensation by Jeremy Telman. These types of substantive discussions are what the blawgosphere is all about for me, and I bet the Glom will be well worth visiting over the next week or so.


Introducing Guest Blogger Eric Muller


I’m very pleased to introduce Professor Eric Muller, of the University of North Carolina School of Law. Eric, who will be visiting with us for the next month or so, is well known to many for his blog Is That Legal (which he started way back in January 2003, BCE.) He is a graduate of Cherry Hill High School East, Brown University and Yale Law School. After clerking for Judge H. Lee Sarokin, and working at Anderson, Russell, Kill and Olick (conveniently known as ARKO, until they reformed as Anderson, Kill, Olick, and Oshinsky, which carried the more zooilogical sounding “AKOO” acronym), Professor Muller served as an assistant United States Attorney in New Jersey under Michael Chertoff. In 1994 he joined the University of Wyoming School of Law and four years later moved to Chapel Hill. He is now the George R. Ward Professor of Law.

Eric started out as a plain old crimprof, but has morphed into a leading scholar on Japanese Internment during World War II. His book, Free to Die for their Country: The Story of the Japanese American Draft Resisters in World War II (U of Chicago Press), was named one of the Washington Post’s top nonfiction books of 2001. Chapter 1 is available here. His law review publications include: Solving the Batson Paradox: Harmless Error, Jury Representation, and the Sixth Amendment, 106 Yale Law Journal 93 (1996), The Hobgoblin of Little Minds? Our Foolish Law of Inconsistent Verdicts, 111 Harvard Law Review 771 (1998), All the Themes But One, 66 University of Chicago Law Review 1395 (1999), Betrayal on Trial: Japanese American ‘Treason’ in World War II , 82 North Carolina Law Review 1759 (2004), and Constitutional Conscience, 84 Boston University Law Review 571 (2004).

Interested readers may also want to read Greg Robinson’s and Eric’s amazing takedown of Michelle Malkin’s “In Defense of Internment.”

Eric is pictured here with one of his heroes.


Introducing Guest Blogger Michelle Adams

adams-michelle.gifI’m very pleased to introduce Professor Michelle Adams of Seton Hall Law School, who will be visiting us for the next few weeks. Michelle received her B.A. from Brown University and her J.D. from the City University of New York. She clerked for Magistrate Judge James C. Francis, IV of the United States District Court for the Southern District of New York. She then became an attorney at the Legal Aid Society, Civil Appeals and Law Reform Unit in New York, focusing primarily on race discrimination and federal housing law. Michelle then received her LL.M. from Harvard Law School as a Charles Hamilton Houston Fellow. She then joined the faculty at Seton Hall. This coming academic year, Michelle will be visiting at Brooklyn Law School (fall) and Cardozo Law School (spring).

Michelle writes about affirmative action, race and sex discrimination and housing law. Some of her publications include: Radical Integration, 94 Cal. L. Rev. (forthcoming 2006), Intergroup Rivalry, Anti-Competitive Conduct and Affirmative Action, 82 B.U. L. Rev. 1089 (2002), and Causation and Responsibility in Tort and Affirmative Action, 79 Tex. L. Rev. 643 (2001).


Introducing Guest Blogger Elizabeth Nowicki

nowicki-elizabeth.jpgWe’re very fortunate to have Professor Elizabeth Nowicki of Richmond Law School join us for the next few weeks. Elizabeth received her JD from Columbia Law School where she was a James Kent Scholar and a Harlan Fiske Stone Scholar. She served as an articles editor of the Columbia Business Law Review. Following law school, she clerked for Judge Jack B. Weinstein of the Eastern District of New York and Judge James L. Oakes of the U.S. Court of Appeals for the Second Circuit. She practiced law at the Securities and Exchange Commission and at Sullivan & Cromwell.

She joined the University of Richmond School of Law faculty in 2002, and she teaches in the areas of corporate law, corporate governance, securities regulation, mergers and acquisitions, and corporate finance. This fall, she will be visiting at Cornell Law School.

Some of Elizabeth’s publications include: A Response to Professor John Coffee: Analyst Liability Under Section 10(b) of the Securities Exchange Act of 1934, 72 U. Cin. L. Rev. 1305 (2004); 10(b) or Not 10(b)? Yanking the Security Blanket for Attorneys in Securities Litigation, 2004 Columbia Business L. Rev. 637 (2004); Denial of Regulatory Assistance in Stranded Cost Recovery in a Deregulated Electricity Industry, 32 Loyola Los Angeles L. Rev. 431 (1999); and Competition in the Local Telecommunications Market: Legislate or Litigate?, 1996 Harv. J. L. & Tech. 353. Works in progress include Revisiting Director Liability: The Unimportance of Being Earnest and The Meaning of a Director’s Obligation to Act in Good Faith.