News & Media http://www.law.uchicago.edu/feeds/newsandmedia.rss en Stanley Pierre-Louis, '95, Announced as the Entertainment Software Association’s New General Counsel http://www.law.uchicago.edu/alumni/accoladesandachievements/stanley-pierre-louis-95-announced-entertainment-software-association <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p><span>Stanley Pierre-Louis, a former executive with Viacom Inc., was announced as the Entertainment Software Association’s (ESA) new General Counsel, the Washington, D.C.-based trade association announced today. ESA represents the $22 billion U.S. computer and video game industry. Pierre-Louis will begin at ESA this month.</span></p> </div> </div> </div> <div class="field field-type-text field-field-aa-source"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Original source:&nbsp;</div> <p><a href="http://www.theesa.com/article/esa-announces-new-general-counsel/" title="http://www.theesa.com/article/esa-announces-new-general-counsel/">http://www.theesa.com/article/esa-announces-new-general-counsel/</a></p> </div> </div> </div> <p>May 18, 2015 – Washington, D.C. – Stanley Pierre-Louis, a former executive with Viacom Inc., was announced as the Entertainment Software Association’s (ESA) new General Counsel, the Washington, D.C.-based trade association announced today. ESA represents the $22 billion U.S. computer and video game industry. Pierre-Louis will begin at ESA this month.</p> <p>“Stan’s experience directing landmark litigation as well as providing impactful strategic counsel on cutting-edge entertainment issues will be a well-timed boost to our industry,” said Michael D. Gallagher, president and CEO of ESA. “He is a welcome addition to the ESA leadership team.”</p> <p>Pierre-Louis most recently served as Senior Vice President and Associate General Counsel for Intellectual Property (IP) and Content Protection at Viacom Inc., where he was responsible for managing major IP litigation, developing strategies for protecting digital content and leading other IP-related legal initiatives for brands including MTV, Paramount Pictures, Spike TV and more than 130 other networks worldwide. He previously served as co-chair of the Entertainment and Media Law Group at Kaye Scholer LLP in New York City as well as Senior Vice President for Legal Affairs at the Recording Industry Association of America in Washington, D.C.</p> Fri, 29 May 2015 15:34:28 +0000 willcanderson 28109 at http://www.law.uchicago.edu Bjarne Tellmann, '95, Interviewed in The Lawyer Magazine http://www.law.uchicago.edu/alumni/accoladesandachievements/bjarne-tellmann-95-interviewed-lawyer-magazine <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Bjarne Tellmann has rebooted publisher Pearson’s in-house legal team, redesigned the entire legal function and reduced the legal team’s budget, and he shows no sign of slowing down yet…</p> </div> </div> </div> <div class="field field-type-text field-field-aa-source"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Original source:&nbsp;</div> <p><a href="http://www.thelawyer.com/in-house/in-house-interview/in-house-interview-bjarne-tellmann-pearson/3035270.article" title="http://www.thelawyer.com/in-house/in-house-interview/in-house-interview-bjarne-tellmann-pearson/3035270.article">http://www.thelawyer.com/in-house/in-house-interview/in-house-interview-...</a></p> </div> </div> </div> <p><strong>Bjarne Tellmann has rebooted publisher Pearson’s in-house legal team, redesigned the entire legal function and reduced the legal team’s budget, and he shows no sign of slowing down yet…</strong></p> <p>When Bjarne Tellmann joined publishing giant Pearson from Coca-Cola in 2014, he found a legal department that was vulnerable to external risks because no single person had a global line of sight of what in-house lawyers were doing.</p> <p>In under a year, Tellmann has worked on transforming the culture at the company to be proactive rather than reactive. He rebooted Pearson’s in-house legal team and established a management team in charge of different geographical regions and practice areas. These changes, as well as his efforts to implement internal technology to track contracts and manage more effectively the in-house budget, earned him a place on The Lawyer’s Hot 100 list this year.</p> Fri, 29 May 2015 15:28:02 +0000 willcanderson 28108 at http://www.law.uchicago.edu Corporate Lab 2014-15 Academic Year-End Update http://www.law.uchicago.edu/clinics/theadvocate/corporate-lab-2014-15-academic-year-end-update <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">May 29, 2015</span> </div> </div> </div> <h2>Naming Announcement</h2> <p>The Kirkland &amp; Ellis Foundation, its partners, and Law School alumni have made a <a href="http://www.law.uchicago.edu/news/kirkland-ellis-foundation-naming-gift-supports-corporate-lab-0">gift nearing $5.5 million</a> to endow a fund to support the Law School’s Corporate Lab,* strengthening the Firm’s enduring ties with the Law School and underscoring a shared commitment to helping students build practical skills in transactional law. The Corporate Lab program has been renamed the Kirkland &amp; Ellis Corporate Lab.</p> <h2>Thank You</h2> <p>The Corporate Lab thanks its clients and friends for their continued support and contribution of time toward the Lab. We especially appreciate Kirkland &amp; Ellis and Microsoft's continued generosity since the Lab's inception.</p> <h2>Recent Notable Projects</h2> <p>The Lab completed in excess of 120 projects during the 2014-2015 academic year. As a sample, student teams notably:</p> <ul> <li>Drafted <a href="https://gallery.mailchimp.com/9e04819709547f116897a5310/files/Corporate_Lab_Sample_Memorandum.pdf">memorandum</a> on website accessibility for global technology company (which gave the Lab permission to provide a redacted version as a sample project); </li> <li>Prepared form contracts including sales and license agreements for multinational consumer goods corporation; </li> <li>Developed pre-litigation risk assessment for significant technology company;</li> <li>Assessed risks within and across various real estate agreements, and proposed ways to mitigate such risks, for a large retail company;</li> <li>Structured a long-term audit sharing agreement for a multi-billion dollar company as part of its planned spin-off transaction;</li> <li>Researched and summarized newly enacted laws and principles related to corporate social responsibility for a global tech company;</li> <li>Drafted a guidebook that explores potential visa options for a large not-for-profit company that is interested in partnering with foreign musicians on a temporary basis; </li> <li>Advised a leading insurance company regarding the insurance-related provisions of the Dodd-Frank Act, and the regulatory agencies which it established;</li> <li>Reviewed trends and analyzed potential legal risks with respect to omni-channel marketing for a global tech company;</li> <li>Simplified a standard NDA agreement for a large retail company;</li> <li>Drafted numerous organizational documents for startup companies competing in the New Venture Challenge at Chicago Booth;</li> <li>Examined laws limiting state campaign contributions by corporations and their officers when that company bids on government contracts for a global tech company; </li> <li>Analyzed legal and business issues with respect to ticket resale restrictions for a professional sports team; </li> <li>Advised global tech company on the enforceability of limitation on liability provisions in key commercial jurisdictions;</li> <li>Drafted a master services agreement for a newly acquired business of a global waste management company;</li> <li>Assisted a rapidly growing startup company in developing its FCPA compliance program;</li> <li>Created a comprehensive data breach limitation of liability guide for a leading technology firm; and</li> <li>Created a drafting manual for international trade association, providing a legal roadmap for international firms seeking to enter the U.S. market.</li> </ul> <p><em>The Corporate Lab will begin taking full-time assignments again in the fall, and we are available with a small group of talented students over the summer for any pressing matters. For assistance, please contact <a href="http://www.law.uchicago.edu/faculty/zarfes">Professor Zarfes</a>, <a href="http://www.law.uchicago.edu/faculty/kramer">Professor Kramer</a>, or <a href="http://www.law.uchicago.edu/node/22529">Professor Finkelstein</a>.</em></p> <h2>Speaker Series</h2> <p>The Lab has been fortunate to host prominent speakers throughout the past year who addressed substantive legal topics, including:</p> <ul> <li>Kamran Bajwa (Partner at Kirkland &amp; Ellis) on cross-border transactions with the Middle East markets;</li> <li>Chris Ekren (Senior Vice President and Deputy General Counsel at Sony) on technology law trends and the evolving regulatory environment;</li> <li>Scott Falk (Partner at Kirkland &amp; Ellis) on public company mergers &amp; acquisitions;</li> <li>Marc Kieselstein and Ryan Dahl (Partners at Kirkland &amp; Ellis) on bankruptcy and restructuring;</li> <li>Brian C. Van Klompenberg (Partner at Kirkland &amp; Ellis) on venture capital and startups;</li> <li>Michael Mullican (Vice President, Assistant General Counsel at Meijer) on in-house legal challenges and opportunities;</li> <li>Linda and Dennis Myers (Partners at Kirkland &amp; Ellis) on debt finance and capital markets;</li> <li>Joel Neuman (VP and Senior Managing Counsel, Coca Cola Foodservice and On-Premise) on branding and protecting intellectual property rights;</li> <li>William Ridgway (Assistant U.S. Attorney, speaking in his personal capacity) on corporate cybercrime: threats and countermeasures;</li> <li>Stephen Ritchie and Jon Ballis (Partners at Kirkland &amp; Ellis) on important trends in private equity law;</li> <li>Neal Stern (VP and Assistant General Counsel at NBA) and Seth McNary (CEO at Verbatim) on labor law and global compliance; and</li> <li>Liisa Thomas (Partner at Winston &amp; Strawn) on corporate crisis management following data breach/cyber crime.</li> </ul> <h2>Corporate Social Responsibility Conference</h2> <p>In September 2014, the Corporate Lab <a href="http://www.law.uchicago.edu/news/corporate-lab-convenes-top-experts-corporate-social-responsibility">convened leading experts in the field to discuss the economic, legal, and practical impact of corporate social responsibility</a>.</p> <h2>External Perspectives</h2> <blockquote><p>We highly value the development of practical skills and wanted to support that aspect of the University of Chicago Law School curriculum.</p> </blockquote> <p>- Stephen Ritchie; Partner, Kirkland &amp; Ellis</p> <blockquote><p>One of the most refreshing aspects of the Lab is the continuity of the students, many of whom remain for a full year or longer. It has been remarkable to watch the students’ contract drafting and interpretation skills progress, and I am confident that these students will outperform their peers upon entering firms after graduation. I truly wish that there had been a program such as the Lab while I was in law school, but I am happy to function on this end of the spectrum, being the recipient of such great students and legal work.</p> </blockquote> <p>- Michel Gahard; General Manager, Microsoft Corporation</p> <h2>Kirkland &amp; Ellis Corporate Lab Awards of Excellence</h2> <p>The Lab recently awarded its first Kirkland &amp; Ellis Corporate Lab Awards of Excellence to four talented Class of 2015 graduating students: Blair Bradford, Caroline Henry, L.T. Edwards, and Alex Rosenfield. We have included below biographies of these students. We greatly appreciate their important contributions to the Lab.</p> <p><strong><img style="float: left; margin-left: 5px; margin-right: 5px; margin-top: 0px; margin-bottom: 0px;" src="http://www.law.uchicago.edu/files/clinicblog/bradford.jpg" alt="Blair Bradford" width="100" height="100" />Blair Bradford</strong> is a class of 2015 graduating student at the Law School. After law school, Blair will be joining Sidley Austin LLP. Blair graduated from the University of Texas at Austin and holds a B.B.A. with high honors in International Business and a B.A. with highest honors in Hispanic Studies with a minor in Finance and a certificate in European Studies.</p> <p><strong><img style="float: left; margin-left: 5px; margin-right: 5px; margin-top: 0px; margin-bottom: 0px;" src="http://www.law.uchicago.edu/files/clinicblog/edwards.jpg" alt="L. T. Edwards" width="100" height="100" />L.T. Edwards</strong> is a class of 2015 graduating student at the Law School. After law school, L.T. will be clerking for a federal district court judge and then a federal court of appeals judge in hopes of preparing an application to a U.S. Attorney's office to become a federal prosecutor. L.T. graduated from Haverford College and holds a B.S. in Psychology with a concentration in Neural and Behavioral Sciences.</p> <p><strong><img style="float: left; margin-left: 5px; margin-right: 5px;" src="http://www.law.uchicago.edu/files/clinicblog/henry.jpg" alt="Caroline Henry" width="100" height="100" />Caroline Henry</strong> is a class of 2015 graduating student at the Law School. After law school, Caroline will be joining Drinker Biddle &amp; Reath LLP. Prior to law school, Caroline worked for Financial Times Live, the global conferences and events arm of the Financial Times newspaper. Caroline graduated from Williams College and holds a B.A. in English Literature and Asian Studies.</p> <p><strong><img style="margin-left: 5px; margin-right: 5px; float: left;" src="http://www.law.uchicago.edu/files/clinicblog/rosenfield.jpg" alt="Alex Rosenfield" width="100" height="100" />Alex Rosenfield</strong> is a class of 2015 graduating student at the Law School. After law school, Alex will be joining Davis Polk &amp; Wardwell. Prior to law school, Alex worked as the Special Projects Manager to the CEO of Johnson Publishing Company, home of EBONY and JET magazines and Fashion Fair Cosmetics. Alex graduated with honors from The NYU Gallatin School of Individualized Study.</p> <h2>Student Testimonials</h2> <p><img style="float: left; margin-left: 5px; margin-right: 5px;" src="http://www.law.uchicago.edu/files/clinicblog/lipman.jpg" alt="Brice Lipman" width="100" height="100" /></p> <blockquote><p>The Corporate Lab provides an unmatched opportunity to engage with leading practitioners at Fortune 100 corporations. As a result, I have been fortunate to critically expand both my legal and business skills through participation in the Corporate Lab.</p> </blockquote> <p>- Brice Lipman; University of Chicago, JD/MBA Class of 2016 (summering at Millstein &amp; Co. during Summer 2015).</p> <p><img style="margin-left: 5px; margin-right: 5px; float: left;" src="http://www.law.uchicago.edu/files/clinicblog/daneshvar.jpg" alt="Shahrzad Daneshvar" width="100" height="100" /></p> <blockquote><p>The Kirkland &amp; Ellis Corporate Lab is one of the best courses I have taken at the Law School and has been one of the highlights of my law school career. It provided me the opportunity to develop practical transactional skills, which I otherwise would not have developed in law school. The faculty members foster interpersonal skills by arranging one-on-one meetings and conference calls with executives at Fortune 100 companies. Corporate clients also benefit from students' valuable work product. For example, my team's memoranda have been circulated to client offices in France, Germany, and Italy.</p> </blockquote> <p>- Shahrzad Daneshvar; University of Chicago Law School, Class of 2016 (Managing Editor of the University of Chicago Law Review and summering at Sullivan &amp; Cromwell during Summer 2015).</p> <ul> </ul> <h2>Client Alerts</h2> <p>The Lab has a practice of producing client alerts on topical commercial legal issues. Class of 2015 students Alex Rosenfield, LT Edwards, and Class of 2016 students Hayden Miller and Jordan Hughes, recently <a href="https://gallery.mailchimp.com/9e04819709547f116897a5310/files/K_E_Corporate_Lab_Client_Alert_1.pdf">detailed shifting FCPA legal standards in a new client alert</a>.</p> <hr /> <p><strong>The Kirkland &amp; Ellis Corporate Lab thanks you for your continued support. We look forward to working with you this summer and next academic year.</strong></p> <p>* The Lab was established in 2009 by Professor Zarfes and Lecturer Sean Z. Kramer. Each year, 70-80 students assist Fortune 500 corporations, including Allstate, Amazon, Baxter, Honeywell, IBM, Motorola, Microsoft, Nike, Northern Trust, and Sony. In addition, the Lab participates in the University of Chicago Booth School of Business’ New Venture Challenge, serving the legal needs of leading start-up companies.</p> Fri, 29 May 2015 15:15:22 +0000 willcanderson 28106 at http://www.law.uchicago.edu Lecturer Andrew Boutros Prosecutes World’s Most Prolific Online Drug Dealer http://www.law.uchicago.edu/news/lecturer-andrew-boutros-wins-case-against-world%E2%80%99s-most-prolific-online-drug-dealer <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> World&#039;s Most Prolific Online Drug Dealer &#039;SuperTrips&#039; Gets 10 Years </div> </div> </div> <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Jon Seidel </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Chicago Sun-Times </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">May 29, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>A federal judge in Chicago sentenced the world’s most prolific online drug dealer to 10 years in prison Thursday.</p> </div> </div> </div> <p>A federal judge in Chicago sentenced the world’s most prolific online drug dealer to 10 years in prison Thursday.</p> <p>Cornelis Jan “SuperTrips” Slomp, 23, was arrested in Miami in 2013 and pleaded guilty last year. That’s when he admitted he sold more illegal drugs than anyone else on the now-shuttered underground website “Silk Road” — described by a federal prosecutor Thursday as “an illegal version of Amazon.com.”</p> <p>[...]</p> <p>Assistant U.S. Attorney Andrew Boutros said Slomp not only cooperated with the American and Dutch authorities after his arrest, he also turned over the keys to his online “SuperTrips” identity.</p> <div class="field field-type-text field-field-news-source-url"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Read more at:&nbsp;</div> <p><a href="http://chicago.suntimes.com/news/7/71/644416/worlds-prolific-online-drug-dealer-supertrips-gets-10-years" title="http://chicago.suntimes.com/news/7/71/644416/worlds-prolific-online-drug-dealer-supertrips-gets-10-years">http://chicago.suntimes.com/news/7/71/644416/worlds-prolific-online-drug...</a></p> </div> </div> </div> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/andrew-boutros">Andrew Boutros</a> </div> </div> </div> Fri, 29 May 2015 14:40:20 +0000 willcanderson 28105 at http://www.law.uchicago.edu Alison Siegler, “The Courts of Appeals’ Latest Sentencing Rebellion” http://www.law.uchicago.edu/audio/alison-siegler-%E2%80%9C-courts-appeals%E2%80%99-latest-sentencing-rebellion%E2%80%9D <div class="field field-type-text field-field-auedio-new-soundcloud"> <div class="field-items"> <div class="field-item odd"> <p><iframe width="100%" height="166" scrolling="no" frameborder="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/207658418&amp;color=800000&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false"></iframe></p> </div> </div> </div> <p>For over twenty-five years, federal courts of appeals have rebelled against every Supreme Court mandate that weakens the federal sentencing Guidelines. That rebellion has intensified since the Court dealt a blow to the Guidelines a decade ago by making them advisory, rather than mandatory. This ruling dramatically limited the courts of appeals’ authority to reverse district court sentences that deviate from the Guidelines. Rather than accepting this limitation on their power, the courts of appeals fought against it by overpolicing sentences that deviated from the Guidelines and underpolicing sentences that fell within the Guidelines. The Supreme Court has responded to these mutinies with stinging reversals that emphasize the district courts’ significant discretion and the advisory nature of the Guidelines. This talk discusses these ongoing battles between the courts of appeals and the Supreme Court, including a new revolt the courts of appeals are staging that violates not only Supreme Court precedent, but the federal sentencing statute and the Constitution as well. Because the courts of appeals are unlikely to back down, Professor Siegler calls on the Supreme Court to step in and stop this latest rebellion.</p> <p>Alison Siegler is Clinical Professor of Law and Director of the Federal Criminal Justice Clinic at the University of Chicago Law School.</p> <p>Recorded on April 13, 2015, as part of the Chicago’s Best Ideas lecture series.</p> <div class="field field-type-nodereference field-field-audio-new-event"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Event listing:&nbsp;</div> <a href="/events/2015-04-13-chicago%E2%80%99s-best-ideas-alison-siegler-%E2%80%9C-courts-appeals%E2%80%99-latest-sentencing-rebellion%E2%80%9D">Chicago’s Best Ideas: Alison Siegler “The Courts of Appeals’ Latest Sentencing Rebellion”</a> </div> </div> </div> <div class="field field-type-nodereference field-field-audio-new-faculty"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Participating faculty:&nbsp;</div> <a href="/faculty/siegler">Alison Siegler</a> </div> </div> </div> <div class="field field-type-nodereference field-field-audio-new-video"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Related video:&nbsp;</div> <a href="/video/alison-siegler-courts-of-appeals-latest-sentencing-rebellion">Alison Siegler, “The Courts of Appeals’ Latest Sentencing Rebellion”</a> </div> </div> </div> <div class="field field-type-nodereference field-field-audio-new-article"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Related article:&nbsp;</div> <a href="/news/spring-cbis-offer-insights-reasonable-expectations-sentencing-guidelines-and-psychology-corpora">Spring CBIs Offer Insights on Reasonable Expectations, Sentencing Guidelines, and the Psychology of Corporate Rights</a> </div> </div> </div> Thu, 28 May 2015 15:50:13 +0000 willcanderson 28091 at http://www.law.uchicago.edu Alison Siegler, “The Courts of Appeals’ Latest Sentencing Rebellion” http://www.law.uchicago.edu/video/alison-siegler-courts-of-appeals-latest-sentencing-rebellion <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>For over twenty-five years, federal courts of appeals have rebelled against every Supreme Court mandate that weakens the federal sentencing Guidelines.</p> </div> </div> </div> <p><iframe width="560" height="315" src="https://www.youtube.com/embed/oGu2FzbpXl0?rel=0&amp;showinfo=0" frameborder="0" allowfullscreen></iframe></p> <p>For over twenty-five years, federal courts of appeals have rebelled against every Supreme Court mandate that weakens the federal sentencing Guidelines. That rebellion has intensified since the Court dealt a blow to the Guidelines a decade ago by making them advisory, rather than mandatory. This ruling dramatically limited the courts of appeals’ authority to reverse district court sentences that deviate from the Guidelines. Rather than accepting this limitation on their power, the courts of appeals fought against it by overpolicing sentences that deviated from the Guidelines and underpolicing sentences that fell within the Guidelines. The Supreme Court has responded to these mutinies with stinging reversals that emphasize the district courts’ significant discretion and the advisory nature of the Guidelines. This talk discusses these ongoing battles between the courts of appeals and the Supreme Court, including a new revolt the courts of appeals are staging that violates not only Supreme Court precedent, but the federal sentencing statute and the Constitution as well. Because the courts of appeals are unlikely to back down, Professor Siegler calls on the Supreme Court to step in and stop this latest rebellion.</p> <p>Alison Siegler is Clinical Professor of Law and Director of the Federal Criminal Justice Clinic at the University of Chicago Law School.</p> <p>Recorded on April 13, 2015, as part of the Chicago’s Best Ideas lecture series.</p> <div class="field field-type-text field-field-sidebar-position"> <div class="field-items"> <div class="field-item odd"> Right </div> </div> </div> Thu, 28 May 2015 15:37:35 +0000 willcanderson 28090 at http://www.law.uchicago.edu Aristotle’s De Motu Animalium: Workshop Celebrates of the 40th Anniversary of Martha Nussbaum’s PhD Thesis http://www.law.uchicago.edu/news/aristotle%E2%80%99s-de-motu-animalium-workshop-celebrates-40th-anniversary-martha-nussbaum%E2%80%99s-phd-thesis <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Dhananjay Jagannathan </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">May 28, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Forty years ago, Martha Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics, submitted her Harvard doctoral dissertation on Aristotle’s little-known treatise&nbsp;<em>On the motion of animals</em>.</p> </div> </div> </div> <p><em>Dhananjay Jagannathan has studied ancient Greek and Roman philosophy at the Universities of Texas, Oxford, and Cambridge. He is presently writing a doctoral dissertation on Aristotle's ethics at the University of Chicago under the supervision of Martha Nussbaum and Gabriel Lear.</em></p> <p>Forty years ago, Martha Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics, submitted her Harvard doctoral dissertation on Aristotle’s little-known treatise <em>On the motion of animals</em>. For centuries the treatise, typically known by its Latin title <em>De Motu Animalium</em>, had languished in a backwater of the Aristotelian corpus, neglected by classicists, historians of science, and philosophers, in part due to ill-founded doubts about its authenticity.</p> <p>As leading scholars of Aristotle gathered on May 15 and 16 at the Law School to mark the anniversary of the dissertation, discussion ranged over the transmission of the texts of Aristotle from antiquity, Aristotle’s enormously influential but widely misunderstood teleological natural philosophy, and the ethical significance of the complexities of animal life. The dissertation broke new ground in each of these areas, and was published in revised form three years later as <em>Aristotle’s De Motu Animalium</em> (Princeton University Press, 1978), with text, translation, commentary, and interpretive essays on major philosophical themes. The conference, therefore, was an opportunity for new and longtime readers of Aristotle to return to this work with an eye to the conversations sparked by its publication in the decades since.</p> <p>Perhaps most remarkable is the confirmation in recent work by Oliver Primavesi of the Munich School of Ancient Philosophy, who co-organized the conference with Yale University’s David Charles, of Nussbaum’s bold hypothesis that the manuscripts of <em>De Motu Animalium</em> betray traces of influence from a lost edition of the text. Since scholars must compare the surviving versions and weigh alternate readings in order to establish what the text of Aristotle looked like in antiquity, finding even a trace of an independent textual tradition could lead to significant changes. As it happens, two manuscripts analyzed by Primavesi, which had previously been misidentified and so ignored, are perfect examples of this independent tradition. The result is some 86 alternate readings in a text of fewer than 10 pages in the standard edition.</p> <p>Nussbaum’s edition of the text was the product not only of a careful re-inspection of known manuscripts but also of a fresh investigation of sources such as the thirteenth century Latin translation of William of Moerbeke, who had access to now-lost Greek manuscripts, as well as of philosophical insight into what Aristotle could and could not have been saying. While the discussion of Primavesi’s work largely focused on how this or that difficult passage in the text of the <em>De Motu </em>should be read, the participants concluded by exhorting the next generation of scholars of ancient philosophy to undertake such philosophically informed textual criticism.</p> <p>The three other speakers revisited the contributions Nussbaum made in her work on the <em>De Motu</em> to the interpretation of Aristotle’s systematic thought and to contemporary philosophy, each indicating substantial sympathy to the goals of her work while also raising points of resistance to her arguments.</p> <p>Christof Rapp began by taking up the nature and purpose of the <em>De Motu</em>, which fearlessly interweaves an account of the psychological and biological underpinnings of animal movement with cosmological reflections. Nussbaum claimed in her 1978 book that the <em>De Motu </em>showed that Aristotle eventually came to adopt a flexible approach to the interrelation of the sciences, as he considered whether the special case of animal motion provided confirmation for or posed a challenge to his natural philosophy. Rapp argued that the treatise’s overarching goal is to identify how the soul moves the body, which leaves the discussion of cosmology as either a source of insight into general principles of motion or a deviation from the argument that neither violates Aristotle’s separation of the sciences nor supports Nussbaum’s integrative view.</p> <p>In his talk, David Charles defended Nussbaum’s view that when Aristotle analyzed animal self-movement using concepts from his theory of logical inference, he was trying to schematize goal-directed behavior not characterize practical reasoning. That is why the <em>De Motu</em> engages in the project of explaining animal and human action at the same time, since practical thinking plays the role for us that desire plays for other animals. Charles then proposed an amendment to this view, claiming that Aristotle takes the conclusions drawn in practical thought to be causally responsible for bringing about actions and not constitutive of the actions themselves.</p> <p>Finally, Klaus Corcilius spoke on one of the most philosophically exciting aspects of Nussbaum’s interpretation of Aristotle, the idea that imagination (<em>phantasia</em>) plays a central role in the life of animals. Corcilius claimed that few critics of Nussbaum’s interpretation have realized its philosophical significance as an account of animal agency, that is, as making sense of how animals are not automata but respond intelligently to their environments. He nevertheless argued that we need not accept Nussbaum’s thesis that imagination is essentially interpretive, since perception and desire can do most of the work for non-rational animals.</p> <p>The conference concluded with Nussbaum’s reflections on how her early work on Aristotle has continued to inform her more recent work in moral and political philosophy, such as her 2004 book <em>Hiding from Humanity: Disgust, Shame, and the Law</em> (Princeton) and her 2006 <em>Frontiers of Justice: Disability, Nationality, Species Membership </em>(Harvard). Nussbaum noted that Aristotle himself does not draw out conclusions for ethics in the <em>De Motu</em>, but that its central idea of giving a common account of human and animal movement suggests that we must both explore our animal nature, which many traditions of philosophical and religious thought have tended to deny or obscure, and take up the difficult moral questions involved in treating other animals properly.</p> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/nussbaum">Martha Nussbaum</a> </div> </div> </div> <div class="field field-type-filefield field-field-image"> <div class="field-items"> <div class="field-item odd"> <div class="filefield-file"><img class="filefield-icon field-icon-image-jpeg" alt="image/jpeg icon" src="http://www.law.uchicago.edu/profiles/palantirprofile/modules/filefield/icons/image-x-generic.png" /><a href="http://www.law.uchicago.edu/files/image/aristotle_conf_3.jpg" type="image/jpeg; length=2434495">aristotle_conf_3.jpg</a></div> </div> </div> </div> Thu, 28 May 2015 14:54:07 +0000 beckygillespie 28076 at http://www.law.uchicago.edu Anthony Sanders, "State Constitutions, Unenumerated Rights, and Economic Liberties" http://www.law.uchicago.edu/audio/anthony-sanders-state-constitutions-unenumerated-rights-and-economic-liberties <div class="field field-type-text field-field-auedio-new-soundcloud"> <div class="field-items"> <div class="field-item odd"> <p><iframe width="100%" height="166" scrolling="no" frameborder="no" src="https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/207527534&amp;color=800000&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false"></iframe></p> </div> </div> </div> <p>With commentary by Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law at Georgetown Law</p> <p>Anthony Sanders is an attorney at the Institute for Justice Minnesota office (IJ-MN) where he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.&nbsp; </p> <p>Prior to joining IJ-MN, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court.&nbsp; Anthony also worked for several years in private practice in Chicago.</p> <p>Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review.&nbsp; Anthony received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison.</p> <p>Anthony has published several articles in leading law reviews, including an analysis of state constitutional protections of economic liberties in all 50 states.</p> <p>Recorded on May 18, 2015, and presented by the Federalist Society.</p> Wed, 27 May 2015 20:56:52 +0000 willcanderson 28087 at http://www.law.uchicago.edu Spring CBIs Offer Insights on Reasonable Expectations, Sentencing Guidelines, and the Psychology of Corporate Rights http://www.law.uchicago.edu/news/spring-cbis-offer-insights-reasonable-expectations-sentencing-guidelines-and-psychology-corpora <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Becky Beaupre Gillespie </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">May 26, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>The Law School’s popular “Chicago’s Best Ideas” series continued this spring with talks that explored the psychology of corporate constitutional rights, reasonable expectations in property law, and a judicial rebellion over federal sentencing guidelines.</p> </div> </div> </div> <p><span> </span></p> <p>The Law School’s popular “Chicago’s Best Ideas” series continued this spring with talks that explored the psychology of corporate constitutional rights, reasonable expectations in the law, and a judicial rebellion over federal sentencing guidelines.</p> <p><span> </span></p> <p>Clinical Professor Alison Siegler, Director of the <a href="http://www.law.uchicago.edu/clinics/mandel/fcjc"><span>Federal Criminal Justice Clinic</span></a>, kicked off the spring lineup by calling on the US Supreme Court to quell a federal appellate court rebellion that has hampered the ability of district courts to impose more lenient sentences and has encouraged judges to impose sentences within the federal sentencing guidelines. The courts of appeals, unhappy with limits on their own sentencing authority, have been overpolicing district court sentences that fall below the guidelines and underpolicing sentences that fall within the guidelines — actions that violate the US Constitution, Supreme Court precedent, and the federal sentencing statute, Siegler argued.</p> <p><span> </span></p> <p>“It’s important for district judges to have the discretion and the authority to impose individualized sentences based on full and nuanced consideration of the characteristics of the defendant and the circumstances of the offense,” Siegler said. “We want district judges to have that authority — (they) are the ones who sit at the front lines. They have the institutional competence to play that role. They see and hear all the evidence.”</p> <p><span> </span></p> <p>The rebellion, the latest in an ongoing judicial battle over who controls sentencing, has threatened what Siegler said is an appropriate level of district court discretion. In the past, the balance of power has swung to both extremes: during America’s first 200 years, district courts had total sentencing discretion, but between 1989 and 2005, they were sharply limited by mandatory sentencing guidelines. That changed with the US Supreme Court’s 2005 ruling in <a href="http://www.oyez.org/cases/2000-2009/2004/2004_04_104/"><em><span>U.S. v. Booker</span></em></a>, which gave district courts greater discretion to impose sentences outside federal guidelines.</p> <p><span> </span></p> <p>“In my mind, the three eras of sentencing fit neatly into the 'Goldilocks porridge' framework," she said.&nbsp;"The first era was characterized by unfettered district court discretion and no appellate power to police; let’s call that the ‘too hot’ era. The second era was characterized by virtually no district court discretion and unfettered appellate power to police; I called that the ‘too cold’ era. The mandatory guidelines required judges to ignore all the complexity of human beings and the human experience and just reduce everybody to a range of months. The current, third era is characterized by substantial district court discretion and limited appellate power to police sentences — and, in my mind, this balance is just right.”</p> <p><span> </span></p> <p>To illustrate the how the distribution of sentencing power impacts people, families, and communities, Siegler told the story of a clinic client named Brian, who had pled guilty to a nonviolent federal crime. A factory worker and single dad from Chicago’s Englewood neighborhood, Brian had overcome a tough childhood to become a volunteer football and wrestling coach for at-risk teens, one of whom later said that Brian had “taught me how me how to live my life.” But Brian was facing four years in prison under the guidelines — a punishment that Siegler and her students had argued would do more harm than good.</p> <p><span> </span></p> <p>“After the judge came to understand Brian as a person … he sentenced him to probation,” Siegler said. “That was a year ago, and Brian is doing great. He has been promoted at work, and he continues to mentor the kids in his community. But if the judge had not had the power, the authority, and the discretion to impose a below-guidelines sentence in that case, it would have cost taxpayers $120,000 to incarcerate Brian for those four years. Worse still, Brian would have lost his job and his ability to support his family, his daughter would have lost her only parent, and his students would have lost their coach, who was keeping them on the right track.”</p> <p><span> </span></p> <p><strong>Aziz Huq: <em>Hobby Lobby</em> and the Psychology of Corporate Rights</strong></p> <p><span> </span></p> <p>Professor Aziz Huq, a Herbert and Marjorie Fried Teaching Scholar, took on a topic that incorporated both law and psychology, discussing an ongoing empirical study about how cases like <a href="http://www.oyez.org/cases/2010-2019/2013/2013_13_354"><em><span>Burwell v. Hobby Lobby</span></em></a> have influenced public perceptions of both corporate constitutional rights and of the Supreme Court.</p> <p><span> </span></p> <p>In a series of three studies, Huq and his collaborators — a psychology professor and a business professor — examined people’s willingness to grant privacy, religious liberty, and free speech rights within various business contexts and explored whether perceptions of corporate versus individual rights were influenced by political ideology. In their study, both liberals and conservatives tended to value individual rights over corporate rights, but liberals were more likely to see individual and corporate rights as being in conflict while conservatives viewed them as complementary.</p> <p><span> </span></p> <p>The study, however, also offered the opportunity to examine how a particular ruling, such as the 2014 <em>Hobby Lobby</em> decision, impacts these perceptions. In <em>Hobby Lobby</em>, the Court for the first time recognized a for-profit corporation’s claim of religious belief, ruling that closely held corporations with religious owners cannot be required to pay for insurance coverage of contraception.</p> <p><span> </span></p> <p>“The <em>Hobby Lobby</em> opinion was a couple of months away, and we thought this was an opportunity to look at whether the Supreme Court, by issuing a ruling, can influence what people believe about a question that is, in one sense, legal — but in another sense is normative,” Huq said. “It’s a belief that isn’t predicated on certain facts about the law, or facts about the world; it’s predicated on people’s beliefs about what’s right or proper.”</p> <p><span> </span></p> <p>When they examined the data by ideology, the scholars found that conservatives became more supportive of corporate religious liberty after <em>Hobby Lobby</em>, and liberals became much less supportive. Conservatives also became more supportive of the Court, indicating that they felt a stronger obligation to obey the ruling, and liberals became less supportive. They became more skeptical, less trusting, and more likely to see bias, Huq said.</p> <p><span> </span></p> <p>“The obvious takeaway is that the effect of a Supreme Court ruling is contingent upon your ideology,” Huq said. “It’s not the case that people are passive recipients … If you’re inclined to agree with the Court <em>ex ante</em>, as we know conservatives were pre-<em>Hobby Lobby</em>, you are likely to feel confirmed and justified by the Court’s ruling. You’re likely to hold that same normative view, but more deeply.”</p> <p><span> </span></p> <p>But if you don’t agree with a decision, he said, “you’re likely to double down whatever view it was you initially held.”</p> <p><span> </span></p> <p><strong>Richard Epstein: Reasonable and Unreasonable Expectations in Property Law and Beyond</strong></p> <p><span> </span></p> <p>In his CBI talk, Richard A. Epstein, the James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, discussed the notion of reasonable expectations in law and argued that, contrary to the conventional wisdom, the doctrine is best used when its main purpose is to facilitate cooperation. He discussed a number of applications in areas ranging from property rights to search and seizure to privacy, emphasizing many of the limitations.</p> <p>For instance, the idea of “reasonable expectations” often produces a circular argument: “The effort to say that we can figure out the use of reasonable expectations to determine what the legal boundaries are is a mistake because once you know what the law is, the only reasonable expectation you have is you either comply with this thing or something goes wrong with it,” he said.</p> <p>In property law, the notion of reasonable expectations has come into play when applying New York City’s Landmarks Preservation Law, which empowers the city to designate, and regulate, certain properties or neighborhoods as historic. In the landmark 1978 case <a href="http://www.oyez.org/cases/1970-1979/1977/1977_77_444"><em>Penn Central Transportation Co. v. New York City</em></a>, the owners of Grand Central Station, who had been denied the right to construct a building over the terminal by the city’s Landmark Preservation Commission, claimed they were entitled to use that airspace and that denying that use constituted an unconstitutional taking of state-protected air rights. The Court rejected their claim, saying that the regulation didn’t interfere with what it deemed the “primary expectation” that the terminal could continue in its present use; nor did it prevent the owners from realizing a reasonable rate of return on the initial investment.</p> <p>But this application of the doctrine failed in a number of ways. Most notably, it did not maximize overall social welfare, Epstein said.</p> <p>“What the doctrine of reasonable expectations is designed to do is to tell each party, either public or private, the way in which he has to behave such that if the other fellow behaves in a complementary fashion, the situation will produce optimal results for both of them,” Epstein said, noting that there are many examples of such cooperative behavior in both law and in social practice.&nbsp;</p> <p>For example, if two people are having a conversation in a public park, it is reasonable to assume a certain degree of privacy — for instance, that others nearby will not deliberately eavesdrop. But it is also reasonable for those others to expect that the two won’t talk so loud that others can’t help but overhear, he said. That form of cooperation should be possible between all random pairs of individuals, given the applicable social norm, he said.</p> <p>In cases like <em>Penn Central</em>, the “series of judicially imposed expectations … are profoundly unreasonable because they are separated from a system of property law, which encourages divided interests. Nor does that system relate to the fundamentals of cooperation,” he said.</p> <p>What we want to, he said, “is go to an area where expectations are reasonable precisely because … the law is trying to understand how people maximize their joint welfare through cooperative behavior.”</p> <p><span> </span></p> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/epstein">Richard A. Epstein</a> </div> <div class="field-item even"> <div class="field-label-inline"> Faculty:&nbsp;</div> <a href="/faculty/siegler">Alison Siegler</a> </div> <div class="field-item odd"> <div class="field-label-inline"> Faculty:&nbsp;</div> <a href="/faculty/huq">Aziz Huq</a> </div> </div> </div> <div class="field field-type-filefield field-field-image"> <div class="field-items"> <div class="field-item odd"> <div class="filefield-file"><img class="filefield-icon field-icon-image-jpeg" alt="image/jpeg icon" src="http://www.law.uchicago.edu/profiles/palantirprofile/modules/filefield/icons/image-x-generic.png" /><a href="http://www.law.uchicago.edu/files/image/346_cbi.jpg" type="image/jpeg; length=3155775">346_cbi.jpg</a></div> </div> </div> </div> Tue, 26 May 2015 15:37:31 +0000 beckygillespie 27950 at http://www.law.uchicago.edu Stone: Congress Should Reform Surveillance Laws (and ex-NSA Chief Agrees) http://www.law.uchicago.edu/news/stone-congress-should-reform-surveillance-laws-and-ex-nsa-chief-agrees <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> Opinion: An ex-NSA chief and ACLU adviser can agree on surveillance reform. Why can&#039;t Congress? </div> </div> </div> <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Geoffrey Stone and Keith Alexander </div> </div> </div> <div class="field field-type-text field-field-news-publication"&