Updated: 8 min 38 sec ago
p Earlier this week, the Electronic Frontier Foundation – a leading nonprofit organization defending civil liberties in the digital world – drew heavily from Brandeis Professor Luke Milligan’s writings on the original meaning of the Fourth Amendment in an amicus brief filed with the U.S. Supreme Court in the case of Los Angeles v. Patel.br /br /Los Angeles v. Patel addresses the constitutionality of a municipal ordinance requiring hotel operators to maintain guest registry information, and to make such information available to police officers on request without consent, a warrant, or other legal process. Owners and operators of hotels in Los Angeles filed suit, claiming the ordinance violated the Fourth Amendment of the U.S. Constitution. Last year, the U.S. Ninth Circuit, sitting en banc, held the ordinance was unconstitutional. /p p The U.S. Supreme Court will hear oral arguments on March 3. /p p The amicus brief states, in part: /p blockquote [T]he Fourth Amendment is not merely a “right” against unreasonable searches, it is also a “right ... to be secure” against unreasonable searches. See U.S. Const., amend. IV (emphasis added). The inclusion of this phrase—“to be secure”—demonstrates the Founders’ intent for the Amendment to prevent, not merely redress, violations. Indeed, “[h]ad the framers sought only to safeguard a right to be ‘spared,’ they could have omitted the phrase ‘to be secure’ and drafted the Amendment to provide for a ‘right against unreasonable searches and seizures.’” Luke Milligan, The Forgotten Right To Be Secure, 65 HASTINGS L. J. 713, 745 – 46 (2014) (noting that “[i]nterpreting ‘secure’ to mean [merely] ‘spared’” raises the structural issue of “linguistic excess”). /blockquote blockquote Indeed, the warrant clause expressly regulates the issuance of warrants, not their execution. The founding-era discourse concerning searches and seizures—“which regularly emphasized the harms attributable to the potentiality of unreasonable searches and seizures”—further supports that the Founders intended the Fourth Amendment to have prophylactic effect. Id. at 718 (emphasis in original). The very text and history of the Amendment thus calls for a protective buffer against unreasonable governmental intrusion to ensure that constitutional violations are prevented—not merely dealt with after the fact. /blockquote p The a href=https://www.eff.org/files/2015/01/30/patel_eff_amicus_brief_0.pdf target=_blankbrief is available in its entirety online/a. /p pIn addition, Professor Milligan will present his interpretation of the Fourth Amendment at the University of Michigan Law School as part of its symposium on “Privacy, Technology, and the Law.” The event will be held Feb. 21 in Ann Arbor. /p
Join us Wednesday, February 11, as we celebrate Black History Month with fellow alumni at Champion Sports Bar (located in the Downtown Marriott). This pre-game party starts at 5:30. Come join the fun!
pProfessor John Cross has been asked to participate in the U.S. Patent and Trademark Office Roundtable in Washington, D.C. on Feb. 18. The subject of the roundtable is how the attorney-client privilege applies to both U.S. and foreign “patent agents” (people licensed to apply for a patent, but who do not have a general license to practice law). br /br /Professor Cross has been involved with this issue for several years now, having given presentations on it in Seattle, Hong Kong, Paris and Toronto./ppAt Brandeis, Cross' two main areas of focus include intellectual property law (both domestic and international) and the law governing court systems(Civil Procedure, Conflicts, Federal Jurisdiction, and Comparative Systems). /p
pspan style=font-size: smallHere's a roundup of recent law school related news from the Louisville and Kentucky Bar Associations./span/ppspan style=font-size: smallHighlights from the LBA's bJanuary 2014 iBar Briefs/i/b: /span/pullispan style=font-size: smallquot;UofL Brandeis School of Law: 2014 Year in Reviewquot; (page 6)/span/lilispan style=font-size: smallThe quot;2015 Library Seriesquot; advertisement on page 7 includes Professor Kurt Metzmeier's forthcoming presentation on November 4. br //span/li/ulpspan style=font-size: smallHighlights from the Kentucky Bar Association's bJanuary 2015 iBench amp; Bar /i/b(Vol 79, No 1): /span/pullispan style=font-size: smallquot;The Duty of Confidentiality and the Attorney-Client Privilege Sorting Out the Conceptsquot; by Professor Grace Geisel (pages 4-7)/span/lilispan style=font-size: smallquot;Effective Legal Writing: Nix the Acronymsquot; by Professor Judith Fischer (page 17)/span/lilispan style=font-size: smallquot;Kentucky Penal Code: Degradation and Reformquot; by Professor Luke Milligan (pages 26-27)/spanspan style=font-size: small/span/lilispan style=font-size: smallThe bi-monthly UofL column features a list of upcoming events, including the ACLU's quot;60 Faces of Libertyquot; exhibit, the Brandeis Medal Dinner and Presentation, and the 2015 KBA Diversity Pipeline Program /spanspan style=font-size: smallspan style=font-size: small(page 21)/span. /span/lilispan style=font-size: smallquot;On the Movequot; (pages 40-45)br //span/li/ulpspan style=font-size: smallBoth publications are available in the Law Library. /span/ppnbsp;/p
Bellarmine University will be hosting a National trial competition the weekend of March 13 to 15, with one round Friday evening from 6:00 pm to 9:30 pm, second round Saturday morning 9:00 am to 12:30 pm, the third round Saturday afternoon , 2:00 pm to 5:30 pm and the final round 9:00 am to 12:30 pm. They want to recruit 24 law students who have taken Evidence to be presiding judges to rule on objections and keep the trials moving forward. Law students will not be scoring judges only presiding judges. Law students will have the opportunity to meet over a 100 local attorneys during the competition while attending the pretrial judges’ instructions and during the trials. Interested law students need to attend a two-hour judge’s boot camp prior to the tournament conducted by Chris Schaefer and Jim Wagoner. Interested students should contact: Jim Wagoner at (502) 582-1381 orbr /a href=mailto:email@example.com@fkplaw.com/a. This is a GREAT way to network with practicing attorneys so please consider volunteering.
pProfessor Jim Jones will speak at the Duke Forum for Law and Social Change Symposium on Feb. 20 at the Duke University School of Law in Durham, North Carolina./ppThis year’s symposium topic is Mental Health and the Law. Jones will present on the topic, “High Functioning: Successful Professionals with Severe Mental Illness.”/ppJones will specifically talk about seven individuals, including his own experiences. His diagnoses have ranged from schizophrenia to bipolar disorder and from major depressive disorder to borderline personality disorder. /ppHe has written and spoken extensively about successful professionals who suffer from serious psychiatric diseases. He has also been candid about his own decades-long battle including in his book, iA Hidden Madness/i. /pp“We all show how stigma is unjustified given we are successful doctors, psychiatry professors and law professors. If we can do it, many others are doing so and just not going public about it due to stigma fear,” Jones said./ppSome of that stigma fear comes from the licensure for medical and law professionals, a process he calls highly intrusive. Licensure questions ask applicants if they have any diagnoses and can include mental illness disorders alongside pedophilia and kleptomania, Jones said. /pp“To me, the most severe example of mental illness stigmas comes from the licensure process,” he said. “Conduct questions are OK, but I think diagnosis questions violate the ADA.”/ppHis objective is to raise awareness and fight any stigmas./pp“It’s a terrible problem for law and medical professionals specifically,” Jones said. “I want to teach these students that they’re not unique, that there is help. And that you can be very successful despite having a mental illness.” /ppHe points to his good friend, Elyn Saks, a professor at the University of Southern California Gould Law School, as an example. /ppSaks, a Yale graduate and MacArthur Fellowship winner, lives with schizophrenia and wrote about her experiences with the illness in her book, iThe Center Cannot Hold: My Journey Through Madness./i/ppJones sits on the board of The Saks Institute for Mental Health Law, Policy, and Ethics./ppHe earned his JD with honors from the Duke University School of Law and said he is looking forward to returning to campus for the first time in years./p
pBrandeis Professor Laura Rothstein will offer a presentation at the Shumaker Building at noon Feb. 3 on the “Signature Partnership Initiative: A Forum for Engagement.”/ppHer focus will be on Brandeis School of Law’s partnership with Central High School. br /br /In the fall of 2011, the Brandeis School of Law entered into a partnership with Central High School. Through the Central Law and Government Magnet Program, students at Central High School have been provided a variety of enrichment activities, including attending moot court competitions and speaker events, law school visits and participating in a writing competition. These activities are held to spark the interest of students in becoming lawyers./ppSince 2006, the Law School has been building on the existing partnership with a goal of sustaining the interest and building skills for success in college and law school./p
pThe Louis D. Brandeis School of Law will award its 2015 Brandeis Medal to NYU Law School Professor Arthur R. Miller on April 8, 2015. br /br /Miller is a leading scholar in the field of civil procedure. He is coauthor, with the late Charles Wright, of Federal Practice and Procedure. He has also authored more than 40 books and numerous articles, including “The Assault on Privacy: Computers, Data Banks, and Dossiers,” warning of the threat to privacy posed by information technology. br /br /Miller is one of the nation’s most distinguished legal scholars in the areas of civil litigation, copyright and unfair competition and privacy. He was selected to receive the Brandeis Medal this year because his work is consistent with the values of Justice Brandeis. For example, his “The Assault on Privacy” book – published in 1971 – pursued Justice Brandeis’s early concerns about privacy and foreshadowed emerging concerns about technology breaches. br /br /Because 2015 is the 50th anniversary of landmark privacy decision, iGriswold v. Connecticut/i, it is especially appropriate to recognize Professor Miller for his early awareness of the issues raised by developing technologies. /ppIn addition, Professor Miller's work on PBS and elsewhere as a “teacher of the law to the general public” reflects Brandeis's beliefs in educating the public about legal matters. Prior to joining NYU’s Law School, Miller was the Bruce Bromley Professor of Law at Harvard, where he taught for 36 years./ppAt this year’s presentation, which begins with a reception at 6 p.m. at the Seelbach Hotel, Miller will be joined by four panelists with a range of perspectives for an hour-long Fred Friendly-style discussion./ppThe cost per person for this event is $60. Please register before April 1. More information is available by calling 502-852-1230./p
Today: From Brown to the Present: The Road Beyond Michael Brown’s Ferguson and Eric Garner’s Staten Island
p Please join us for the first Diversity Program of the Spring 2015 semester, bFrom Brown to the Present: The Road Beyond Michael Brown’s Ferguson and Eric Garner’s Staten Island: A Conversation about ‘What it Means to be ColorBrave,”/b Tuesday, January 27. /p p a href=/node/16196Click here for complete information and details./a /p
pBrandeis School of Law Professor Ariana Levinson participated in the Rutgers University School of Management and Labor Relations Mid-Year Fellows Workshop in New Brunswick, New Jersey, earlier this month./ppShe also served as a panelist for the session titled quot;What Would It Take for Worker Cooperatives to Rapidly Develop in the United States and Are These Conditions Realistic,” and as a discussant for quot;Body of Work Presentation: A Jeffersonian Society by Hamiltonian Means: A Blueprint for American Revival,quot; by Professor Robert Hockett of Cornell University School of Law./ppProfessor Levinson first became involved in the Rutgers’ fellowship program three years ago, when she “took a shot in the dark” and applied. She not only was accepted that first time, she also received a $5,000 fellowship and her article was subsequently published in UNLV’s Law Review./ppA year later, Professor Levinson received a $25,000 fellowship from the Rutgers’ school. She has used that money to research employee ownership programs, including the Cincinnati Union Co-op Initiative./ppEach year, Rutgers’ School of Management and Labor Relations hosts two workshops – one in the winter at its home campus in New Jersey, and one in the summer in San Diego. Professor Levinson will attend the summer program this year as well./ppShe said the events feature the foremost experts in employee ownership from around the world, including Joseph Blasi, the distinguished professor at Rutgers’ School of Management and Labor Relations in charge of the fellowship program..br /“It is an honor to be chosen for them,” she said./ppProfessor Levinson credits her participation in Rutgers’ program for networking opportunities that have been presented for the Brandeis School of Law. For example, Richard Freeman, the Herbert Ascherman Chair in Economics at Harvard University, has agreed to keynote the Warns-Render Labor amp; Employment Law Institute June 10-12 at the Seelbach Hotel./ppFreeman coauthored “The Citizen’s Share: Putting Ownership Back Into Democracy,” with Joseph Blasi and Doug Kruse, also a distinguished professor at the Rutgers’ School of Management and Labor Relations. /ppProfessor Levinson anticipates the continuation of participation as long as she’s invited. The events complement her area of focus – unions and employee ownership./pp“Unions are on the decline in this country. Employee ownership, in particular worker owned cooperatives, offers employees a means of having a voice and control. It hasn’t been studied by a significant number of Labor Law professors. That’s why we need this research in the Labor Law field,” she said. “I’ve been interested in this topic for a long time. I like to see more employees having a say in their place of employment. The result is that corporations go back to their original intention of contributing to the community rather than short-term profit.” /p
pa href=http://ulmobile.louisville.edu/ULMobile/a puts UofL at your fingertips. Explore departments, buildings and even campus art. The Card Safety feature provides rapid access to important information and instructions in the event of an emergency. The app also includes a campus directory and maps, a course catalog, athletics news, an event calendar, the complete library catalog and more. /ppDownload a href=http://ulmobile.louisville.edu/ULMobile/a to your smartphone and start browsing the library's catalog today!/p
Professor Les Abramson has been appointed to be on the advisory committee for the Center of Judicial Ethics. The Center is part of the National Center of State Courts in Arlington, Virginia. br /br /The Center for Judicial Ethics is a clearinghouse for information about judicial ethics and discipline. It provides research support for the conduct commissions that investigate complaints of judicial misconduct and tracks opinions issued by ethics advisory committees. br /br /According to its website, the CJE responds to hundreds of requests for information from reporters, judges, lawyers and others each year. The CJE publishes the Judicial Conduct Reporter and other resources on judicial ethics. Every two years, the CJE presents the National College on Judicial Conduct and Ethics. As a private organization, the CJE does not have the authority to discipline or investigate judges. The CJE became part of the NCSC in 2014, following the dissolution of the American Judicature Society.br /br /Professor Abramson’s primary teaching areas are criminal procedure and civil procedure.
pBrandeis Professor Russell Weaver is serving as a Scholar in Residence today and Friday at Washington and Lee University's School of Law. /pp He will also speak at Washington and Lee University's 2015 Lara D. Gass Symposium, Jan. 23 and 24 in Lexington, Virginia. This year's symposium topic is quot;Cybersurveillance in the Post-Snowden Age.quot;/ppAccording to the Washington and Lee University website, the speakers will address the architecture of cybersurveillance tools at the disposal of the NSA and other agencies in the midst of a big data revolution. The participants will examine various policy and legislative proposals that have been recommended in the aftermath of these leaks. Particular attention will be paid to the constitutional interests at stake, as well as the balancing of secrecy and national security objectives with transparency interests and privacy protections./ppThe event will also consider the potential impact of government and corporate responses to the Snowden disclosures: current litigation, legislative reform efforts, executive action and compliance approaches, corporate and technological adaptations and other responses./ppProfessor Weaver will be a panelist during the Saturday morning session titled quot;Interpreting the Fourth Amendment after Snowden.quot;/ppMore information about the event is available on the a href=http://law2.wlu.edu/lawcenter/page.asp?pageid=1723Washington and Lee University's Frances Lewis Law Center website/a. /ppnbsp;/ppnbsp;/p
The University of Louisville Jewish Studies Program warmly invites you to hear novelist, journalist, and screenwriter Sayed Kashua on quot;The Foreign Mother Tongue: Living and Writing as a Palestinian in Israelquot; at 3 p.m. on Thursday, February 12, 2015, in the Chao Auditorium of Ekstrom Library. For reservations: a href=https://sayed-kashua.eventbrite.comhttps://sayed-kashua.eventbrite.com/a.
The year's first issue of our SSRN Research Paper series features publications from Professors Jordan, Powell, Rothstein, and Warren.br /ullia href=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2392425iA Christian Vision of Freedom and Democracy: Neutrality as an Obstacle to Freedom/i/a by Karen Jordan/lilia href=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2531201iJustice Thomas, Brown, and Post-Racial Determinism/i/a by Cedric Merlin Powell/lilia href=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2499701iFrom SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine/i/a by Mark Rothstein/lilia href=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2469360iThe Role of the States in the Regulation of Private Placements/i/a by Manning Gilbert Warren III/li/ulpMore information about the RPS:/pullia href=http://www.ssrn.com/link/U-Louisville-LEG.htmlBrowse /a/lilia href=http://hq.ssrn.com/jourInvite.cfm?link=U-Louisville-LEGSubscribe/a/li/ul
pBrandeis School of Law Professor Laura McNeal has been selected to be a panelist at the quot;Where Do We Go From Here?quot; event Jan. 20 at the National Center for Civil and Human Rights in Atlanta./ppquot;Where Do We Go From Herequot; is the title of Dr. Martin Luther King's last presentation and frames the discussion that will take place Jan. 20. The program will mark the rotation of a special collection of Dr. Martin Luther King's papers. This exhibition, titled quot;Strategies of the Civil Rights Movement,quot; has been on display since Jan. 12 and will continue through May 3./ppIn addition to McNeal, panelists include youth, educators, community activists and religious leaders. They will examine the relevance and efficacy of lessons, strategies and tools from the Civil Rights era to today's issues of inequality and injustice. McNeal will specifically focus on:/pulli How to dismantle the school-to-prison pipeline;/liliEffective legal strategies and tools from the Civil Rights era that can be used as a framework for promoting equal educational opportunity in K-12 schools. /li/ulpMcNeal said she accepted the invitation to participate on the panel because of her passion and commitment to equal education opportunity./ppquot;At a very early age my grandmother and namesake, Laura B. McNeal, taught me the power of education. She stressed that education was the great equalizer, a gateway to a future with endless possibilities. My participation in this event allows me to help further the legacy of both Dr. Martin Luther King and my grandmother -- two individuals committed to equality for all,quot; McNeal said./ppThe event is being co-hosted by The National Center for Civil and Human Rights, Hunton amp; Williams LLP and the Georgia State College of Law. /p
p class=p1img src=/sites/www.law.louisville.edu/files/lib-exp.png / /pp class=p1nbsp;/pp class=p1In October, the Brandeis School of Law’s Allen Court Room hosted a reenactment of the sensationalized Carl Braden trial of 1954, in which Braden was sentenced to 15 years in prison for sedition after he and his wife Anne purchased a home for an African American family in the Louisville area that is now Shively. The reenactment was part of a series of events to mark the 60supth/sup anniversary of the Wade/Braden story, which quickly became a formative event for Louisville and the nation as citizens grappled with a fledgling Civil Rights movement. /p p class=p1To commemorate the trial – and the events leading up to it – UL’s Law Library is featuring the exhibit, “Black Freedom, White Allies amp; Red Scare: Louisville, 1954.” The closing date is set for Jan. 30. /p p class=p1Also on that day, Professors Laura Rothstein and Jamie Abrams will host their classes in the library where Cate Fosl, director of the UofL Anne Braden Institute for Social Justice Research, will provide an overview of the exhibit and historical context about the Braden/Wade story. Fosl is also Anne Braden’s biographer and her book, “Subversive Southerner” was a co-winner of the Oral History Association’s Book Award in 2003./p p class=p1bSedition charges/b/p p class=p1The historical context essentially begins in March of 1954 when Andrew and Charlotte Wade ask whites Carl and Anne Braden to help purchase a home after realtors repeatedly refused to sell to the African American family. The Bradens closed on a home in what is now Shively in May and hand the keys over to the Wades who were the only African Americans in the neighborhood. /p p class=p1Shortly after their move-in date, the Wade house was bombed and crosses were burned on the lawn. /p p class=p1Carl and Anne Braden were subsequently accused of staging the purchase and bombing as part of a communist plot to take over the state government./p p class=p1The case went to trial and Carl Braden was charged with sedition. At the time, working for racial integration was interpreted by many Southern whites to be an embrace of communism. Braden was sentenced to 15 years and served eight months./pp class=p1Unable to live in the damaged house and still facing harassment, the Wades, who had a toddler and a newborn at the time, moved out of their house. /pp class=p1Following the trial, the Bradens continued to fight for social justice, supporting civil rights, desegregation and labor issues, among other efforts. They were both arrested numerous times while protesting and landed on the FBI investigation list because of their alleged ties to the Communist party. /p p class=p1Carl Braden died in 1975. Prior to her death in 2006, Anne Braden was the University of Louisville’s first visiting scholar in Race and Gender Studies. /p p class=p1bThe exhibit and its significance/b/p p class=p1The exhibit itself features photos and archival materials from the home purchase, the trial Carl Braden’s imprisonment, the years following the case and the events of the era that strongly influenced the case. The exhibit is the result of a collaboration between the Anne Braden Institute for Social Justice Research, the University of Louisville Archives amp; Special Collections, Louisville Free Public Library and Courier-Journal Media./p p class=p1Robin Harris, public services librarian and professor of legal bibliography, said the exhibit is a good example of UL’s commitment to diversity. /p p class=p1“Well before the topic of diversity became mainstream, the university was working on it and the law school in particular has been a leader in diversity efforts for more than 20 years. All of the deans have been committed,” Harris said. “This exhibit is not only a good example of that, but also a good example of its commitment to interdisciplinary studies.” /p p class=p1The interdisciplinary angle comes from Fosl, who is a faculty member in the women’s and gender studies program within the College of Arts and Science. /p p class=p1Harris adds that, from a historical perspective, the exhibit also provides a powerful narrative about a “seminal event” in Louisville and US history. /p p class=p1“It’s been 60 years since this happened and it’s really important for people of all ages to know about this trial, from the purchase to the bombing to the trial, particularly from a law perspective,” Harris said. “We’re fortunate to have it here on display. It’s a fitting tribute to the role that Louisville had in the Civil Rights movement.” /p p class=p1More information about the story is available on NPR’s “Here and Now,” a href=http://hereandnow.wbur.org/2014/12/01/louisville-civil-rightsavailable online./a/p p class=p1The exhibit will next appear at the White Privilege Conference, March 11-15 at Louisville’s Galt House. /p
pBrandeis Professor Ariana Levinson will participate in the Rutgers University School of Management and Labor Relations Mid-Year Fellows Workshop in Honor of Louis O. Kelso in New Brunswick, New Jersey, from Jan. 11-13./ppAdditionally, on Jan. 11, Professor Levinson will be a panelist for the session: quot;What Would It Take for Worker Cooperatives to Rapidly Develop in the United States and Are These Conditions Realistic.quot; /ppOn Jan. 13, Professor Levinson will be a discussant on a quot;Body of Work Presentation: A Jeffersonian Society by Hamiltonian Means: A Blueprint for American Revivalquot; by Professor Robert Hockett of Cornell University School of Law./ppnbsp;/ppnbsp;/p
pThe quot;60 Faces of Libertyquot; exhibit begins today at the Ekstrom Library, and runs through March 31. The exhibit celebrates the 60th anniversary of the Kentucky ACLU and includes portraits, oral histories, narratives and artifacts to tell the story of the local ACLU affiliate./ppquot;60 Faces of Libertyquot; is part of a series of public events that are scheduled for this semester that focus on civil rights and first amendment issues defended by the ACLU. /ppThe University of Louisville is sponsoring this event through several departments and programs, including the Brandeis School of Law Partnership with the Central High School Law and Government Magnet program. The partnership with the Kentucky ACLU began in 2007, when the program adopted the Marshall-Brennan Civil Liberties curriculum to be taught by law students to law magnet seniors. The ACLU has provided contributions and other support to the law school's partnership since that time. /ppnbsp;/ppnbsp;/p
pThe Law Library is proud to be hosting the exhibit, “Black Freedom, White Allies amp; Red Scare: Louisville, 1954,” thanks to the generosity of the Anne Braden Institute for Social Justice Research. This fascinating and moving chronicle of events leading up to and including Carl and Anne Braden’s sedition trial will be open to everyone through January 23, 2015. br /br /If you did not see the exhibit when it was housed at the Louisville Free Public Library during the fall of 2014, you have another chance! Please stop by the Reading Room during any of the library’s operating hours. And if you want to know more about the Braden’s story, the NPR showa href=http://hereandnow.wbur.org/2014/12/01/louisville-civil-rights “Here and Now”/a recently ran a detailed story on the 60th anniversary of the case. /ppRead more in a href=/node/16008 quot;Law Library spotlights Louisville's role in civil rights trialquot;/a./pbr /pnbsp;/p