News & Media http://www.law.uchicago.edu/feeds/newsandmedia.rss en Brian Leiter on the Gay Marriage Case in Kentucky http://www.law.uchicago.edu/news/brian-leiter-gay-marriage-case-kentucky <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> The Gay Marriage Case in Kentucky </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> CBS New York </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">September 1, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Kim Davis, the county clerk in Morehead, Kentucky, is refusing to issue marriage licenses to same-sex couples based on her religious objections.</p> </div> </div> </div> <p>WCBS Anchor Wayne Cabot speaks with Brian Leiter, University of Chicago Law School Professor and author of "Why Tolerate Religion?," about Kim Davis, the county clerk in Morehead, Kentucky who is refusing to issue marriage licenses to same-sex couples based on her religious objections.</p> <p><a href="http://newyork.cbslocal.com/audio/880-extras/">Listen to the clip</a> (3 minutes, 30 seconds).</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://newyork.cbslocal.com/audio/880-extras/" title="http://newyork.cbslocal.com/audio/880-extras/">http://newyork.cbslocal.com/audio/880-extras/</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/leiter">Brian Leiter</a> </div> </div> </div> Tue, 01 Sep 2015 20:53:26 +0000 willcanderson 29555 at http://www.law.uchicago.edu Labor Day: All libraries closed http://news.lib.uchicago.edu/blog/2015/09/01/labor-day-crerar-open-limited-hours-all-other-libraries-closed-2015/ In observance of the Labor Day holiday, all campus libraries will be closed on Monday, September 7. For a full list of library hours, see hours.lib.uchicago.edu. Tue, 01 Sep 2015 18:19:34 +0000 The University of Chicago Library http://news.lib.uchicago.edu/?p=27544 Personalizing Negligence Law http://www.law.uchicago.edu/faculty/research/omri-ben-shahar-personalizing-negligence-law <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/image/ben-shahar-porat-thumb.jpg </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>We argue that with the increasing availability of information about actors’ characteristics, negligence law should give up much of its objectivity by allowing courts to “subjectify” the standard of care.</p> </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Omri Ben-Shahar </div> <div class="field-item even"> <div class="field-label-inline"> Author:&nbsp;</div> Ariel Porat </div> </div> </div> <p>The most fundamental feature of negligence law is the "reasonable person" standard. This feature bases negligence law on a strictly objective foundation: it requires people to behave in the prudent way that, as Holmes explained, the ordinary, typical member of their community observes. In this Article we argue that with the increasing availability of information about actors’ characteristics, negligence law should give up much of its objectivity by allowing courts to “subjectify” the standard of care—that is, to tailor it to the specific injurer’s tendency to create risks and her abilities to reduce them. We discuss the effects of this personalization of the standard of care on injurers' and victims' incentives to take care, injurers' activity levels and the injurers' ex ante investments in improving their skills. We also discuss justice considerations as well as the feasibility of personalization with the aid of Big Data.</p> Mon, 31 Aug 2015 21:49:52 +0000 willcanderson 29533 at http://www.law.uchicago.edu Esther Lardent, '71, Founder of the Pro Bono Institute, Profiled by The American Lawyer as 'Lifetime Achiever' http://www.law.uchicago.edu/alumni/accoladesandachievements/esther-lardent-71-founder-pro-bono-institute-profiled-american-lawye <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Esther Lardent, founder of the Washington,&nbsp;D.C.-based Pro Bono Institute, can be very persuasive.&nbsp;</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.americanlawyer.com/id=1202735048092/Lifetime-Achiever-Esther-Lardent-Pro-Bono-Institute?slreturn=20150731112806" title="http://www.americanlawyer.com/id=1202735048092/Lifetime-Achiever-Esther-Lardent-Pro-Bono-Institute?slreturn=20150731112806">http://www.americanlawyer.com/id=1202735048092/Lifetime-Achiever-Esther-...</a></p> </div> </div> </div> <p><span>Esther Lardent, founder of the Washington,&nbsp;</span>D.C.-based Pro Bono Institute, can be very persuasive. Just ask U.S. Supreme Court Justice Ruth Bader Ginsburg, who has spoken at nearly all of PBI's yearly meetings since the late 1990s, no matter how busy her schedule. Ginsburg happens to be a big fan of PBI's efforts to give poor and disadvantaged communities better access to legal services. But Lardent's lobbying hasn't hurt.</p> <p>"She's a hard person to say no to," says Ginsburg.</p> <p>Many managing partners and general counsel would agree. Since PBI's launch in 1996, Lardent (aka the "Queen of Pro Bono") has convinced nearly 150 top-tier law firms and dozens of Fortune 500 legal departments to step up their commitment to pro bono. Her pitch is simple but effective: By doing good on the pro bono front, big law firms can boost recruiting and generate positive PR buzz—and thus also do well.</p> Mon, 31 Aug 2015 15:32:08 +0000 willcanderson 29515 at http://www.law.uchicago.edu Linda Hirshman, '69, Pens Biography of Justices Ginsburg and O’Connor http://www.law.uchicago.edu/alumni/accoladesandachievements/linda-hirshman-69-pens-biography-justices-ginsburg-and-o%E2%80%99connor <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Part of what makes Hirshman such a likable writer — in addition to her wit and ability to explain the law succinctly without dumbing it down — is her optimism.</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="https://www.washingtonpost.com/opinions/groundbreaking-female-justices-on-the-supreme-court/2015/08/28/68290588-2bec-11e5-bd33-395c05608059_story.html" title="https://www.washingtonpost.com/opinions/groundbreaking-female-justices-on-the-supreme-court/2015/08/28/68290588-2bec-11e5-bd33-395c05608059_story.html">https://www.washingtonpost.com/opinions/groundbreaking-female-justices-o...</a></p> </div> </div> </div> <p>From the <a href="https://www.washingtonpost.com/opinions/groundbreaking-female-justices-on-the-supreme-court/2015/08/28/68290588-2bec-11e5-bd33-395c05608059_story.html"><em>Washington Post</em>'s review</a>:</p> <blockquote><p>Part of what makes Hirshman such a likable writer — in addition to her wit and ability to explain the law succinctly without dumbing it down — is her optimism. “Sisters in Law” ends with a call for more female justices. Surely, Hirshman concludes, judges who have experienced being female in American society will be more responsive to sex-equality concerns than the Roberts court has been.</p> <p>[...]</p> <p>Here is a biography of two women that focuses centrally on their work. (I have no doubt O’Connor loves her children, but their names don’t appear in the book.) This alone is cause for celebration; bookstore shelves aren’t exactly crowded with biographies of great women at work. How much better that the work in question seeks to enable many more women (and men) to carve out their own life stories unconstrained by sex-role stereotypes.</p> </blockquote> Mon, 31 Aug 2015 15:20:03 +0000 willcanderson 29514 at http://www.law.uchicago.edu My Chicago Law Moment: Debra Snider, ’79, Learned to Step Back and See What Others Didn’t http://www.law.uchicago.edu/news/my-chicago-law-moment-debra-snider-%E2%80%9979-learned-step-back-and-see-what-others-didn%E2%80%99t <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">August 31, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Before Debra Snider, ’79, was a law firm partner, a general counsel, an author, a speaker, or an executive focused on restructuring the law and corporate services departments of a multibillion-dollar company, she was a student at the Law School. And it was here that she honed powerful skills: the ability to see solutions that weren’t always apparent to others, and the ability to consider and incorporate outside perspectives without giving up her own position.</p> </div> </div> </div> <p><em><a href="http://www.law.uchicago.edu/search/node/%22My%20Chicago%20Law%20Moment%22">My Chicago Law Moment</a> is a new series highlighting the Law School ideas, experiences, and approaches that have impacted our students and alumni. </em></p> <p><img style="float: left; margin-left: 10px; margin-right: 10px;" src="http://www.law.uchicago.edu/files/files/my_chicago_law_moment_small_0.jpg" alt="" width="250" height="94" />Before Debra Snider, ’79, was a law firm partner, a general counsel, an author, a speaker, or an executive focused on restructuring the law and corporate services departments of a multibillion-dollar company, she was a student at the Law School. And it was here that she honed powerful skills: the ability to see solutions that weren’t always apparent to others, and the ability to consider and incorporate outside perspectives without giving up her own position.</p> <p>“The Law School taught me how to look at all of the angles of a situation, a problem, or an environment dispassionately without losing my natural passion for my own view,” said Snider, the author of three books, as well as the former executive vice president, general counsel, and chief administrative officer of Heller Financial and a former partner at what was then Katten Muchin &amp; Zavis. “That, when you think about it, is extraordinary. At the Law School, the Socratic Method caused me to realize that very, very bright people can differ violently on how they see something—and none of them is wholly right or wrong. All of the pieces add up to what we choose to call objective reality. This realization was woven through my entire business and writing career, and I can see what a huge gift it was.”</p> <p>Over the years, this thinking grew into an ability to look at a strategy, a vision, or even an organizational design and “reverse engineer it down to its components before rebuilding it” into something that was more efficient and effective. Creative problem-solving, fueled by an ability to divorce herself from the status quo, became the cornerstone of Snider’s management style. She grew accustomed to hearing, “We’ve never done it that way before.”</p> <p>As an in-house counsel several years after law school, she remembers raising questions about her company’s pre-computer strategy for dispersing checks and paperwork during a recission offer. It was a small moment—but one that remains vivid in Snider’s mind because it represented, in the simplest of terms, the difference between critical thinking and rote execution.</p> <p>“Someone would call out a name from an unsorted list and then 10 people would shuffle through their stack of checks until they found the name—and that looked as wrong to me as if the conference room had been filled with rabbits instead of people,” she said, chuckling at the memory. “I immediately suggested they alphabetize one of the lists. They looked at me and said, ‘But we’re in a huge rush.’ These were smart, competent people, but they had been given a task and told to complete it lickety-split, and they didn’t take one second to stop and think, ‘What’s the best and fastest way to do this?’ Of course, once they alphabetized one of the lists, which took maybe 20 minutes, it was the easiest thing in the world.”</p> <p>Years later, at Heller—the financial services company later acquired by General Electric Capital Corp.— she applied deep, creative, all-angles thinking to restructuring the law department, realizing that she had the ability to not only improve productivity but to deeply impact the lives of 35 lawyers and the paralegals and administrative staff who supported them. Most were incredibly smart men and women doing high-level legal work, but they were underappreciated and many were unhappy, she said. She needed to figure out what wasn’t working and why; she needed Law School thinking.</p> <p>“I took what the department did down to its fundamentals and tried to clear my own mind about how I thought internal departments ought to operate,” she said. “Then my team and I rebuilt it so it operated perfectly—using outside counsel properly, using inside counsel properly, making sure my people had jobs that fit their salaries and their intelligence. We realized, for instance, that it made no sense to have internal lawyers drafting documents when outside lawyers could be hired to do that more efficiently. Plus, outside lawyers had other clients, so they could bring best practices to the party. It made much more sense to have inside lawyers doing strategic work for their business units. It was much more interesting for experienced lawyers, much more deserving of multi-six-figure salaries, and so much more valuable for the company.”</p> <p>Instead of coming in with a vision she wanted to impose, Snider came in determined to “make Heller’s law department great”—a goal that required her to remain open, flexible, and attuned to other viewpoints.</p> <p>“There were numerous times when I felt strongly that we should go one way, and then wound up having to go a different way because the group wasn’t ready or the clients couldn’t accept it. We would have to get where we needed to go in three steps instead of going directly,” she said. “Recognizing that is something I wouldn’t have been able to do, given my general personality, if I hadn’t had that Law School experience of learning that if you want the best, most complete result, you have to take other people’s perspectives into account. And often in an environment that isn’t your natural environment, other perspectives are better.”</p> <p>When she retired in 2001 to focus on writing—she is the author of two nonfiction books,<em> </em><em>Working Easier:</em><em> A Toolkit for Staff and Board Members of Nonprofit Arts Organizations </em>and <em>The Productive Culture Blueprint for Corporate Law Departments and Their Outside Counsel, </em>as well as a novel, <a title="A Merger of Equals" href="http://www.debrasnider.com/site/epage/43069_639.htm"><em>A Merger of Equals</em></a>—she took a similar approach. She learned to think the way a reader might, even if that meant pushing past her own perspective and intuition.</p> <p>As a speaker and mentor, she has counseled young professionals to step back, too. “Get out of your own head,” she said. “Think about where the other person is coming from. Not because it will make you a nicer person—though it will—but because it will make you a better thinker<strong>.”</strong></p> <div class="field field-type-text field-field-sidebar"> <div class="field-items"> <div class="field-item odd"> <p><em><strong>Law School Alumni: Do you have a Chicago Law Moment you would like to share? </strong>It could be an experience or idea that has resonated since you left the Law School, or it could be a moment when you became particularly aware of the Law School’s impact. If you’d like to share your story, email Becky Beaupre Gillespie in the Law School’s Communications Office: <strong><a href="mailto:beckygillespie@uchicago.edu">beckygillespie@uchicago.edu</a></strong></em></p> </div> </div> </div> <div class="field field-type-text field-field-sidebar"> <div class="field-items"> <div class="field-item odd"> <p><strong><span>“The Law School taught me how to look at all of the angles of a situation, a problem, or an environment dispassionately without losing my natural passion for my own view.”</span></strong></p> <h3>— Debra Snider, '79</h3> </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/debra_snider_3942-web_cropped.jpg" type="image/jpeg; length=49301">debra_snider_3942-web_cropped.jpg</a></div> </div> </div> </div> Mon, 31 Aug 2015 11:49:55 +0000 beckygillespie 29439 at http://www.law.uchicago.edu Research Matters: A Look at the Latest in Faculty Scholarship http://www.law.uchicago.edu/news/research-matters-look-latest-faculty-scholarship <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> By 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">August 27, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Offering fresh insights on issues ranging from police regulation to the moral and political views of Supreme Court justices to the difficult balance between national security and government transparency, the Law School’s online <a href="http://www.law.uchicago.edu/faculty/research?order=nid&amp;sort=desc">Research Matters series</a> has featured conversations with Law School professors talking about their latest work and the implications for law and society.</p> </div> </div> </div> <p>Offering fresh insights on issues ranging from police regulation to the moral and political views of Supreme Court justices to the difficult balance between national security and government transparency, the Law School’s online <a href="http://www.law.uchicago.edu/faculty/research?order=nid&amp;sort=desc">Research Matters series</a> has featured conversations with Law School professors talking about their latest work and the implications for law and society.</p> <p>Today, we highlight faculty scholarship by taking a look at the most recent Q&amp;As:</p> <ul> <li>In “<a href="http://www.law.uchicago.edu/node/27916">The Invention of Low-Value Speech</a><span>,” </span><strong>Assistant Professor </strong><a href="http://www.law.uchicago.edu/faculty/lakier"><strong>Genevieve Lakier</strong></a> challenges the claim that there have always been categories of “low-value speech” that are largely outside the scope of the First Amendment and draws on her own rigorous case-by-case examination of the doctrine’s evolution to argue that these value categories are a more modern invention.&nbsp; “In practice, the Court has never relied upon history to distinguish low-value speech from fully protected speech,” she said. “The Court’s new test limits the ability of future Courts to recognize novel categories of low-value speech, thus making it really difficult for the government to regulate speech in new ways.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/27049">Political Powerlessness</a>,” <strong>Assistant Professor </strong><a href="http://www.law.uchicago.edu/faculty/stephanopoulos"><strong>Nicholas Stephanopoulos</strong></a> uses empirical analysis to examine the relative political power of different groups. “I was surprised by how stark the gaps were between some groups,” he said. “For gender, the gap between male and female power seems enormous at both the state and federal level. That’s a really robust result—the gap is huge. I knew women were descriptively underrepresented compared to men, but I didn’t know what to think about policy outcomes for women relative to those for men. It is bigger than the gap between blacks and whites, it is bigger than the gap between rich and poor.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/26592">The Difficulties of Democratic Mercy</a>—originally delivered as a response to a Brennan Center Jorde Symposium lecture—<strong>Professor </strong><a href="http://www.law.uchicago.edu/faculty/huq"><strong>Aziz Huq</strong></a> argues that, despite constitutional opportunities for merciful discretion, true mercy in America’s criminal justice system is rare. “The president is chary in the use of his pardon powers, and the same is true for governors and clemency boards,” Huq said. “Juries, both at the grand jury and petit jury stage, have effectively been sidelined, largely as a consequence of the rise of professional prosecutors and the power the prosecutors exercise through plea bargaining. The counterintuitive suggestion I make is that democratic forces and institutions have played a large role in pressing back against the original constitutional seats for mercy.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/25239">Agglomerama</a>,” <a href="http://www.law.uchicago.edu/faculty/fennell"><strong>Lee Fennell</strong></a><strong>, the Max Pam Professor of Law</strong>, examines how to achieve the benefits of proximity among firms and households while curbing the negative effects. “Putting together the right mix (of participants) can have these really good synergistic benefits, but putting together the wrong mix can dull or dampen the benefits or even create negative synergies,” Fennell explained. “The value of property these days is increasingly determined by what is nearby and not just by what is happening on the owner’s individual parcel. When the primary way that a piece of real estate generates value is through its interactions with neighboring pieces of real estate, it becomes essential to focus on how to manage those interactions.”&nbsp;</li> <li>In “<a href="http://www.law.uchicago.edu/node/26124">Don’t Ask, Must Tell—And Other Combinations</a>” <a href="http://www.law.uchicago.edu/faculty/strahilevitz"><strong>Lior Strahilevitz</strong></a><strong>,</strong> <strong>the Sidley Austin Professor of Law</strong>, and his co-author examine different combinations of social and legal rules regarding asking and telling—such as “Must Ask, Don’t Tell,” or “Don’t Ask, Must Tell”—and consider the commonalities, implications, and evolution of how these rules are applied. They look at a number of different areas, including disability law and real estate law. “I think we advance peoples’ understanding of why the law really doesn’t like certain kinds of questions, (and) why it doesn’t want certain kinds of information to be voluntarily disclosed,” he said.</li> <li>In “<a href="http://www.law.uchicago.edu/node/27793">Continuity in Secession: The Case of the Confederate Constitution</a>,” <a href="http://www.law.uchicago.edu/faculty/lacroix"><strong>Alison LaCroix,</strong></a><strong> the Robert Newton Reid Professor of Law</strong>, argues that early-19<sup>th</sup>-century Americans embraced a “Constitution-dominated mindset”—and that, partly as a result, the Confederates continued to follow many of the principles and institutions established by the founders, even as they were breaking away<em>.</em> “Ordinary people felt like they had access to the Constitution and used constitutional arguments, and the Confederate Constitution is the triumph of that spirit in a place we wouldn’t expect to see it,” she said. “But there was incredibly wide debate about what the Constitution meant or required. The position of the South, especially once the Civil War was imminent, was that southerners were the real inheritors of the original Constitution. And this is part of why the Confederacy adopted as much of the US Constitution as they did— it was to say, ‘We’re the true inheritors of 1789, not you who have deviated from the path.’”</li> <li>In “<a href="//www.law.uchicago.edu/node/28929">Second-Order Regulation of Law Enforcement</a>,” <strong>Assistant Professor</strong> <a href="http://www.law.uchicago.edu/faculty/rappaport"><strong>John Rappaport</strong></a> critiques the US Supreme Court’s standard approach to resolving constitutional cases involving the police, exploring how the Court might shape police conduct more effectively by directing its decisions to policymakers rather than street-level officers.<em> “</em>Courts can announce whatever rules they want, but getting cops to follow the rules consistently is a whole other ballgame,” he said. “People may take solace in the idea that having the Supreme Court make the rules means the justices are going to stand up for normal people’s rights—but that may be false comfort. I think we need to be open to the idea that sometimes the best way to get people to follow rules is to make them feel like they have some say in what the rules are, that they have some way to object to rules they believe are really unworkable or unfair, and that the rules are being written by people who know what they’re talking about and are invested in their locality and their well-being.”</li> <li>In “<a href="http://www.law.uchicago.edu/node/28429">Constitutional Law, Moral Judgment, and the Supreme Court as Super-Legislature</a>,” originally delivered as the 24<sup>th</sup> Mathew O. Tobriner Memorial Lecture in Constitutional Law, <a href="http://www.law.uchicago.edu/faculty/leiter"><strong>Brian Leiter</strong></a>, <strong>Karl N. Llewellyn Professor of Jurisprudence</strong>, argues that in the absence of actual law, the Supreme Court acts as a super-legislature—and that the American public has the right to know more about the justices’ moral and political views. “We’re supposed to be a democracy, and part of democratic decision making is that accurate information should be available to the electorate. Right now, the confirmation process is predicated on anti-democratic secrecy. The insiders know what is really going on, they know why the nominees were really picked—but the public doesn’t,” he said. “The public needs to realize that the Supreme Court performs a quasi-legislative function, that it is inevitable that they will do so, and that, therefore, the moral and political views of the justices are of enormous importance.”</li> <li>In <a href="http://www.law.uchicago.edu/node/25800">“[Dis-]informing the People’s Discretion: Judicial Deference Under the National Security Exemption of the Freedom of Information Act</a>,” <strong>Deputy Dean </strong><a href="http://www.law.uchicago.edu/faculty/ginsburg-t"><strong>Tom Ginsburg</strong></a><strong>, the Leo Spitz Professor of International Law</strong><em>,</em> and his co-author examine the balance between security and transparency<strong>. “</strong>We had noticed that when the government invokes the national security exemption of the FOIA, the plaintiff’s cases don’t seem to get anywhere. It’s part of the general trend since 9/11 where as soon as the government waves the national security flag everyone gets quiet,” he said. “Never before has government had such a capacity to gather information, and never before have we been more secure. Think about the Founding Fathers and the security situation they confronted–they were under attack from three sides. Think about the Cold War. Basically, we’re at a moment in history where our existential security has never been greater. I think the balance could shift in the direction of releasing information to the public without endangering the nation.”</li> </ul> <p>To read more work by Law School professors, visit the <a href="http://www.law.uchicago.edu/faculty/research">Faculty Research</a> section of the website or view the entire faculty’s work in <a href="http://chicagounbound.uchicago.edu/">Chicago Unbound</a>. For a full publications list of a given faculty member, please find him or her in our <a href="http://www.law.uchicago.edu/faculty">faculty directory</a> and click "Publications."</p> Fri, 28 Aug 2015 15:01:38 +0000 beckygillespie 29470 at http://www.law.uchicago.edu David Rubenstein, '73, To Receive 2015 Carnegie Medal of Philanthropy http://www.law.uchicago.edu/alumni/accoladesandachievements/david-rubenstein-73-receive-2015-carnegie-medal-philanthropy <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>The awards are given to individuals who embody the spirit of Andrew Carnegie by dedicating their private wealth to the public good.</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.washingtonpost.com/entertainment/museums/david-rubenstein-to-receive-2015-carnegie-medal-of-philanthropy/2015/08/24/7736f080-4a91-11e5-8ab4-c73967a143d3_story.html" title="http://www.washingtonpost.com/entertainment/museums/david-rubenstein-to-receive-2015-carnegie-medal-of-philanthropy/2015/08/24/7736f080-4a91-11e5-8ab4-c73967a143d3_story.html">http://www.washingtonpost.com/entertainment/museums/david-rubenstein-to-...</a></p> </div> </div> </div> <p>David M. Rubenstein will be honored with a 2015 Carnegie Medal of Philanthropy, the Carnegie Corporation of New York announced Tuesday. The awards are given to individuals who embody the spirit of Andrew Carnegie by dedicating their private wealth to the public good.</p> <p>Rubenstein, a co-founder and co-chief executive of&nbsp;<a title="www.washingtonpost.com" href="https://www.washingtonpost.com/lifestyle/style/david-rubenstein-co-founder-of-carlyle-group-and-washington-philanthropist/2012/05/14/gIQA7XcvPU_story.html">the Carlyle Group</a>, a Washington-based global private-equity firm, is one of eight recipients to be honored for his contributions to a variety of causes, including arts and culture, the environment, cancer research, and technology.</p> <p>“I view this award more as a call to action rather than an acknowledgment of things I’ve done,” Rubenstein said in an e-mail. “America has given me so much and I’m trying to return the favor.”</p> Thu, 27 Aug 2015 15:27:16 +0000 willcanderson 29462 at http://www.law.uchicago.edu Charging on the Margin http://www.law.uchicago.edu/faculty/research/paul-crane-charging-margin <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/crane-may2015.jpg </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence collateral consequences exert on initial charging decisions in low-level prosecutions.</p> </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Paul Crane </div> </div> </div> <p>The American criminal justice system has experienced a significant expansion in the number and severity of penalties triggered by misdemeanor convictions. In particular, legislatures have increasingly attached severe collateral consequences to misdemeanor offenses — penalties such as being required to register as a sex offender, prohibitions on owning or possessing a firearm, and deportation. While there is a wealth of scholarship studying the effect this development has had on defendants and their attorneys, little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence collateral consequences exert on initial charging decisions in low-level prosecutions.</p> <p>Critically, the ability to impose certain collateral consequences through a misdemeanor conviction unlocks an array of additional charging options for prosecutors. As a result, prosecutors are now more likely to engage in a practice I term “strategic undercharging.” A prosecutor engages in strategic undercharging when she charges a lesser offense than she otherwise could, but does so for reasons that advance her own aims — and not as an act of prosecutorial grace or leniency. In other words, prosecutors can sometimes gain more by charging less. By explaining why (and when) prosecutors are likely to engage in strategic undercharging, this Article complicates the conventional wisdom that prosecutors reflexively file the most severe charges available.</p> <p>This Article also proposes that collateral consequences be factored into the determination of what procedural safeguards are afforded a criminal defendant. Under existing law, collateral consequences are generally deemed irrelevant to that inquiry; the degree of procedural protection provided in a given case turns exclusively on the threatened term of incarceration. Changing this approach could have several salutary effects on the administration of collateral consequences. At a minimum, it would honor a basic principle underlying our criminal justice system: the threat of serious penalties warrants serious procedures.</p> Thu, 27 Aug 2015 15:09:32 +0000 willcanderson 29461 at http://www.law.uchicago.edu Craig Futterman: Perspectives on Race, Communities, and Policing in Twenty-First Century America http://www.law.uchicago.edu/news/craig-futterman-perspectives-race-communities-and-policing-twenty-first-century-america <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> ABA Annual Meeting 2015: Perspectives on Race, Communities, and Policing in Twenty-First Century America </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Legal Talk Network </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">August 20, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>During the last year, public perception about police power has been called into question.</p> </div> </div> </div> <p>During the last year, public perception about police power has been called into question. On one side of the debate, some African American communities claim they’ve been singled out with abuses of power. On the other side, police departments feel they’ve been unfairly attacked while trying to protect their communities. With constant media coverage, it doesn’t appear that strong opposing opinions will subside anytime soon.</p> <p>In this episode of Special Reports, producer Laurence Colletti interviews Professor Tracey Meares from Yale Law School, Professor Craig Futterman from the University of Chicago Law School, and Director Sean Smoot from the Police Benevolent &amp; Protective Association of Illinois. Together they discuss decreased crime rates, public perceptions, and the importance of accountability. Tune in to learn more about top stressors for officers as well as the pros and cons with body cams.</p> <p><strong>Sean Smoot</strong>&nbsp;is the Director and Chief Counsel for the Police Benevolent &amp; Protective Association of Illinois as well as the Treasurer of the National Association of Police Organizations. For the last 20 years he’s represented police officers in various forms including legal representation and legislative advocacy. Recently, he represented law enforcement on the President’s Task Force on 21st Century Policing</p> <p><strong>Craig Futterman</strong>&nbsp;is a clinical law professor at the University of Chicago Law School where he directs a civil rights clinic that focus on issues like police accountability and criminal justice reform.</p> <p><strong>Tracey Meares</strong>&nbsp;is the Walton Hale Hamilton Professor of Law at Yale University where she teaches criminal law and criminal procedure. Her research focuses on building public trust between police and the public. Recently, she served on the President’s task force on 21st Century Policing.</p> <p><iframe width