Author: Solangel Maldonado

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Call for Papers: Second Annual Regional Health Law Works-in-Progress Retreat

Seton Hall Law School’s Center for Health & Pharmaceutical Law & Policy is pleased to announce the Second Annual Regional Health Law Works-in-Progress Retreat, which will be held on February 9, 2018, at Seton Hall Law School in Newark, New Jersey, from approximately 10:00-4:00.  The purpose of the retreat is to give area health law scholars an opportunity to share their work and exchange ideas in a friendly, informal setting.  The retreat is open to anyone with an academic appointment in health law (including professors, fellows, and visitors) in any institution of higher education in the Northeast area (broadly defined to include Washington D.C. and all points north).

The retreat will consist of an in-depth discussion of approximately 5-6 draft papers.  For each paper, a commentator will provide a 10-15 minute overview, as well as his or her reactions.  The author will then have 5 minutes to respond, after which the floor will be opened for a general discussion among all retreat participants.

If you are interested in having your paper presented, please submit a preliminary draft or, if that is not possible, a detailed abstract, no later than November 17, 2017, to carl.coleman@shu.edu.  You will be notified whether your paper has been selected for presentation by December 15.  Final drafts will be due on January 19, 2018.  Drafts will be made available to all participants on a password-protected website.

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Introducing the Equality Law Scholars’ Forum & Call for Proposals

In the spirit of academic engagement and mentoring in the area of Equality Law, we (Tristin Green, University of San Francisco; Angela Onwuachi-Willig, UC Berkeley; and Leticia Saucedo, UC Davis) introduce the Equality Law Scholars’ Forum to be held this Fall. This Scholars’ Forum seeks to provide junior scholars with commentary and critique and to provide scholars at all career stages the opportunity to engage with new scholarly currents and ideas. We hope to bring together scholars with varied perspectives (e.g., critical race theory, class critical theory, feminist legal theory, law and economics, law and society) across fields (e.g., criminal system, education, employment, family, health, immigration, property, tax) and with work relevant to many diverse identities (e.g., age, class, disability, national origin, race, sex, sexuality) to build bridges and to generate new ideas in the area of Equality Law.

We will select three to four relatively junior scholars (untenured, newly tenured, or prospective professors) to present papers from proposals submitted in response to this Call for Proposals. In so doing, we will select papers that cover a broad range of topics within the area of Equality Law. Leading senior scholars will provide commentary on each of the featured papers in an intimate and collegial setting. The Equality Law Scholars’ Forum will pay transportation and accommodation expenses for participants and will host a dinner on Friday evening.

This year’s Forum will be held on November 17, 2017 at Berkeley Law School.

Junior scholars are invited to submit abstracts of proposed papers, 3-5 pages in length, by July 14, 2017.

Full drafts must be available for circulation to participants by October 27, 2017.

Proposals should be submitted to: Tristin Green, USF School of Law, tgreen4@usfca.edu. Electronic submissions via email are preferred.

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Introducing Karen Czapanskiy

I am delighted to welcome back Karen Czapanskiy, Professor, University of Maryland Carey School of Law, who will be visiting with us in June.  Professor Czapanskiy researches and writes in the areas of family law, feminist thought, and families raising children with disabilities.  Her current scholarship focuses on 1) the idea of “special” education in places like Flint, Michigan where every child is exposed to lead and 2) whether young people with cognitive injuries resulting from lead poisoning should be allowed to sell a structured settlement and, if so, under what conditions.

Her recent publications include:

Stanley v. Illinois, Concurring Opinion of Justice Czapanskiy, in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Linda Berger, Bridget Crawford & Kathy Stanchi eds., Cambridge University Press 2016).

Kids and Rules:  Challenging Individualization in Special Education, 45 Journal of Law and Education 1 (2016).   

The Shared Custody Child Support Adjustment: Not Worth the Candle, 49 Family Law Quarterly 409 (2015).

Special Kids, Special Parents, Special Education47 U. Mich. J. Law Reform 733 (2014).

You can find her SSRN page here.

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Mid-Atlantic Health Law Works-in-Progress Retreat at Seton Hall Law School

Seton Hall Law School’s Center for Health & Pharmaceutical Law & Policy is pleased to announce the inaugural Mid-Atlantic Health Law Works-in-Progress Retreat, which will be held on February 10, 2017, at Seton Hall Law School in Newark, New Jersey, from 9:00-4:30, followed by a reception. The purpose of the retreat is to give regional health law scholars an opportunity to share their work and exchange ideas in a friendly, informal setting.

This year’s retreat will consist of an in-depth discussion of the following draft papers:

Julie Agris (Stony Brook), “A Legal Standard to Empower the Delivery of High Quality Patient Care: The ‘Professional Judgment’ Standard in the HIPAA Privacy Rule”
Commentators: Gaia Bernstein (Seton Hall), Robert Field (Drexel)

Adam Kolber (Brooklyn), “Supreme Bioethical Bullshit”
Commentators: Stephen Latham (Yale), Kim Mutcherson (Rutgers)

Craig Konnoth (University of Pennsylvania), “Side Effects”
Commentators: Lewis Grossman (American), Jennifer Herbst (Quinnipiac)

Gwendolyn Roberts Majette (Cleveland Marshall), “The ACA’s New Governing Architecture and Innovative State Delivery System Reform Initiatives in the Age of a New Presidency”
Commentators: John Cogan (Connecticut), Lauren Roth (NYU)

Govind Persad (Johns Hopkins), “The Law and Ethics of Paying Patients”
Commentators: Christina Ho (Rutgers), John Jacobi (Seton Hall)

Kristen Underhill (Columbia), “Righting Research Wrongs: Institutional Uses of Alternative Dispute Resolution in Human Subjects Research”
Commentators: Scott Burris (Temple), Carl Coleman (Seton Hall)

The retreat is open to anyone with an academic appointment in health law (including professors, fellows, and visitors) in any institution of higher education in the mid-Atlantic area. If you are interested in attending, please RSVP to Carl Coleman (Carl.coleman@shu.edu) by February 3.

Draft papers will be circulated by the last week of January, and all attendees will be expected to have read the papers before the retreat.

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Health Law Retreat Call for Works-in-Progress

Seton Hall Law School’s Center for Health & Pharmaceutical Law & Policy is pleased to announce the inaugural Mid-Atlantic Health Law Works-in-Progress Retreat, which will be held on February 10, 2017, at Seton Hall Law School in Newark, New Jersey. The purpose of the retreat is to give regional health law scholars an opportunity to share their work and exchange ideas in a friendly, informal setting. The retreat is open to anyone with an academic appointment in health law (including professors, fellows, and visitors) in any institution of higher education in the mid-Atlantic area.

The retreat will consist of an in-depth discussion of approximately 5-6 draft papers. A designated commentator will first provide a 10-15 minute overview of each paper, as well as his or her reactions. The author will then have 5 minutes to respond, following which all retreat participants will participate in a general discussion of the draft.

Persons interested in having their papers presented should submit a preliminary draft or, if that is not possible, a detailed abstract, no later than November 18 to Carl Coleman at Seton Hall Law School. Papers to be presented will be selected by December 9, and final drafts will be due on January 20. Drafts will be made available to all participants on a password-protected website.

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Introducing Guest Blogger Jane Murphy

I am delighted to welcome Jane Murphy, the Laurence M. Katz Professor of Law at the University of Baltimore murphy copySchool of Law, who will be visiting with us this month.  Professor Murphy has published widely on family and children’s issues. Her articles have appeared in the in the Cornell Law Review, Notre Dame Law ReviewNorth Carolina Law Review, the ABA Family Law Quarterly and several other journals. She is also the co-author of two books on family conflict resolution. She is the recipient of numerous grants to conduct empirical research to improve the legal system, including a two-year domestic violence study funded by the National Institute for Justice.  She has also chaired the American Bar Association’s Committee on Clinical and Skills Education and regularly serves on ABA site accreditation teams for the law schools throughout the country. She is on the Editorial Board of the Family Court Review. She received the University System of Maryland’s 2004 Award for Faculty Excellence and was the first recipient of the University of Baltimore’s Presidential Faculty Award in 2004.

Professor Murphy is the recipient of numerous other awards including the 2015 Pro Bono Resource Center of Maryland’s 25th Anniversary Honoree Partner Award, the 2011 Maryland Legal Aid Centennial Champion of Human Rights and Justice, The Daily Record‘s 2004 Leadership in Law Award and the 2003 Benjamin L. Cardin Distinguished Service Award. In 1999, Murphy was named one of Maryland’s Top 100 Women, and, in 1996, received the law school’s Full-Time Faculty Outstanding Teaching Award.

Professor Murphy has lectured on comparative family law at the University of Aberdeen, Scotland, the University of Sarajevo and Shandong University, China. In spring 2000, she was a visiting professor at the Washington University School of Law in St. Louis, Missouri. Murphy is a member of the District of Columbia, Maryland, and New York bars.

Her recent publications include:

Moving Family Dispute Resolution from the Court System to the Community, 75 Md. L. Rev. Endnotes 11 (2016)(co-authored with Jana Singer)

Divorced from Reality: Rethinking Family Dispute Resolution (NYU Press 2015) (with Jana Singer).

The Role of Political and Social Movements on Women’s Entry into the Legal Profession in Maryland: 1902 – 1918, in Finding Justice (Thompson/UVA Press 2015).

Family Mediation Theory and Practice (co-author with Robert Rubinson) (Lexis/Nexis 2nd Edition 2015)

Revitalizing the Adversary System in Family Law, 78 U.Cin. L. Rev. 891 (2010)

Resolving Family Conflicts (co-editor with Jana Singer) (Ashgate 2008)

Legal Images of Fatherhood: Welfare Reform, Child Support Enforcement, and Fatherless Children, 81 Notre Dame L. Rev. 118 (2005)

You can find her SSRN page here.

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Introducing Guest Blogger Jana B. Singer

JSinger copy 2I am delighted to introduce Professor Jana B. Singer who will be blogging with us this month.  Jana Singer is Professor of Law at the University of Maryland Frances King Carey School of Law.  She teaches courses on family law, contracts, constitutional law, and collaborative law and practice.  A 1981 graduate of Yale Law School, she has written widely on family and children’s issues and on family dispute resolution.  Her publications include Divorced From Reality: Rethinking Family Dispute Resolution (NYU Press, 2015) (with Jane Murphy) and Resolving Family Conflicts (Ashgate, 2008) (with Jane Murphy).  Professor Singer is a member of the American Law Institute and a past Chair of the Family and Juvenile Law Section of the American Association of Law Schools.  She currently serves on the editorial board of the Family Court Review and as President of the Divorce Roundtable, an interdisciplinary group of attorneys, judges, mediators and mental health professionals, dedicated to improving the process of divorce and parental separation for children and families.

Her recent publications include:

Divorced From Reality: Rethinking Family Dispute Resolution (with Jane C. Murphy) (New York University Press, 2015)

Divorce American Style: Review of Wendy Paris, Splitopia: Dispatches From Today’s Good Divorce, 50 Family Law Q. 139 (2016) (with Naomi Cahn)

Moving Family Dispute Resolution From The Court System to the Community, 75 Maryland L. Rev. Endnotes 9 (2016) (with Jane Murphy)

Bargaining in the Shadow of the Best Interests Standard: The Close Connection Between Substance and Process in Resolving Divorce-Related Parenting Disputes, 77 Law & Contemp. Prob. 177 (2014)

You can find her SSRN page here.

 

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Introducing Holning Lau

Lau Headshot copyI am delighted to welcome Holning Lau, Professor of Law and Associate Dean for Faculty Development at the University of North Carolina School of Law, who will be blogging with us this month.  Professor Lau’s current research examines international and comparative approaches to issues of gender and sexuality. He is working on projects that focus on the European Union (supported by the European Union’s Horizon 2020 Programme), Hong Kong (supported by a grant from the University of Hong Kong), and South Africa (supported by competitive grants from UNC). He is also putting final touches on an essay that draws on his own experiences with fatherhood to examine public policy proposals concerning parenting, including proposals for the United States to adopt Nordic-style laws that govern workplace parental leaves.

Prior to joining the faculty at UNC, Prof. Lau was an Associate Professor and Co-Director of the LGBT Rights Fellowship Program at Hofstra University School of Law. Before that, he was a Fellow at UCLA’s Williams Institute. He has also held visiting fellowships at the University of Hong Kong’s Centre for Comparative and Public Law.

His selected publications include:

You can find his Google Scholar page here, and his SSRN page here.

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Introducing Guest Blogger Nancy E. Dowd

dowd-nancyI am delighted to welcome Professor Nancy E. Dowd who will be joining us for a guest visit this month.  Professor Dowd holds the David H. Levin Chair in Family Law at the University of Florida, Levin College of Law.  Professor Dowd’s research focuses on social justice issues connected to family law, and therefore touches on not only family law but also juvenile law, constitutional law, race and gender analysis, and social change theories. She is currently engaged in research and writing about a developmental model of equality and focusing on the life course of African American boys from birth to age 18.  Two of Professor Dowd’s most recent books focus on the radical reform needed in the juvenile justice system.  Justice for Kids: Keeping Kids Out of the Juvenile Justice System (NYU Press 2011) brings together activists and scholars to articulate ways to keep kids out of the juvenile justice system, by diversion into other more helpful and supportive resolutions.  A New Juvenile Justice System: Total Reform for a Broken System (NYU Press 2015) articulates the vision of a new youth justice system focused on child well being and public safety. Her other recent book is The Man Question: Male Privilege and Subordination (NYU Press 2010), in which she explores masculinities theories as a means to expand gender analysis and also incorporate other hierarchies that affect gender, particularly race and class.

Professor Dowd served as the Director of the Center on Children and Families at the University of Florida, Levin College of Law until 2015, and in that role focused on issues of juvenile justice, social justice, non-traditional families, gay and lesbian rights, and collaboration with the Center for the Study of Race and Race Relations on issues of race and families. While director, she was also involved with successful grants that established the Intimate Partner Violence Assistance Clinic led by Professor Teresa Drake, a groundbreaking collaboration between law and medicine to establish a cutting edge clinic. That work has exposed the importance of trauma informed scholarship and service, and feeds back into Professor Dowd’s current scholarship as well.

Her other recent publications include:

  • A Developmental Equality Model for the Best Interests of Children, in Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interests, Welfare and Well-Being (Elaine E. Sutherland & Lesley Anne Barnes Macfarlane, eds., Cambridge University Press, forthcoming 2016)
  • Collaborative Law at Divorce in the United States, in “Le ragioni degli altri”. Mediazione e famiglia tra conflitto e dialogo: una prospettiva comparatistica ed interdisciplinare (“The reasons of the others.” Mediation and family between conflict and dialogue: a comparative and interdisciplinary perspective) (Elena Urso ed. 2014).
  • Unfinished Equality: The Case of Black Boys, 2 Ind. J.L. & Soc. Equality 36 (2013)
  • What Men? The Essentialist Error of The “End of Men,” 93 B.U. L. Rev. 1203
  • Asking the Man Question: Masculinities Analysis and Feminist Theory, in Exploring Masculinities: Feminist Legal Theory Reflections (Michael Thomson & Martha Fineman eds., Ashgate 2013)
  • Sperm, Testosterone, Masculinities, and Fatherhood, 13 Nev. L.J. 101 (2013)
  • Fatherhood and Equality: Reconfiguring Masculinities, XLV Suffolk U. L. Rev. 1049 (2012)
  • Masculinities and Law: Feminist Legal Theory Meets Masculinities Theory (with Nancy Levit & Ann McGinley), in Masculinities and Law: A Multidimensional Approach (Frank Rudy Cooper & Ann McGinley eds., New York University Press, 2012)

You can find her ssrn page here

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Symposium on Exposed: Desire and Disobedience in the Digital Age

Frank Pasquale and I are delighted to introduce Professor Bernard Harcourt and the participants of our online symposium on his provocative new book Exposed: Desire and Disobedience in the Digital Age (Harvard University Press 2015).  Here is the description of the book from HUP’s webpage:

Social media compile data on users, retailers mine information on consumers, Internet giants create dossiers of who we know and what we do, and intelligence agencies collect all this plus billions of communications daily. Exploiting our boundless desire to access everything all the time, digital technology is breaking down whatever boundaries still exist between the state, the market, and the private realm. Exposed offers a powerful critique of our new virtual transparence, revealing just how unfree we are becoming and how little we seem to care.

Bernard Harcourt guides us through our new digital landscape, one that makes it so easy for others to monitor, profile, and shape our every desire. We are building what he calls the expository society—a platform for unprecedented levels of exhibition, watching, and influence that is reconfiguring our political relations and reshaping our notions of what it means to be an individual.

We are not scandalized by this. To the contrary: we crave exposure and knowingly surrender our privacy and anonymity in order to tap into social networks and consumer convenience—or we give in ambivalently, despite our reservations. But we have arrived at a moment of reckoning. If we do not wish to be trapped in a steel mesh of wireless digits, we have a responsibility to do whatever we can to resist. Disobedience to a regime that relies on massive data mining can take many forms, from aggressively encrypting personal information to leaking government secrets, but all will require conviction and courage.

We are thrilled to be joined by an amazing group of scholars to discuss this groundbreaking work, including Concurring Opinions co-founder Daniel Solove, Frank Pasquale (the co-organizer of this symposium), Lisa Austin, Ann Bartow, Mary Anne Franks, David Pozen, Olivier Sylvain, and, of course, Bernard Harcourt.   They will be posting throughout the week so check in daily and as always, we encourage you to join the discussion.