Latest News

Interest session on Central HS Law Magnet Program scheduled for Feb. 24

The Diversity Committee and the Central High School Partnership will host an interest session on the Central High School Law Magnet Program at noon on Feb. 24 in Room 275.

The interest session will include students from the program, law students who are currently teaching in the program and UofL students who went through the program and plan to attend law school. In addition to an overview, forms to apply will be available during the event.

It is open to those who would like to teach street law, writing skills or civil liberties issues at Central High School next year, either to meet a public service obligation or receive academic credit. The session is also open to those who just want to know more about the program.

Property Panel rescheduled for March 10

The Property Panel originally scheduled for Feb. 17 has been rescheduled due to weather. It will now be held March 10 from 4:15-5:45 p.m. in room 275.

All three panelists will be present for the event, which is co-sponsored by the Career Services Office. They include:

  • Professor Tony Arnold, the Boehl Chair in Property and Land Use, teaching in both the Brandeis School of Law and the Department of Urban and Public Affairs.  He also directs the interdisciplinary Center for Land Use and Environmental Responsibility and is the faculty advisor to the JD-MUP dual degree program in law and urban planning.
  • Fred Joseph, Counsel at Stites & Harbison, where he was a partner for more than 20 years and chaired the firm’s real estate section. He is listed in the "Real Estate Lawyers" and "Land Use Lawyers" sections of The Best Lawyers in America: A Corporate Guide (all editions, 1983-2014) and was recently named by that publication as the 2010 and 2014 "Best Lawyer of the Year for Real Estate Law - Louisville" and in 2013 as “Best Lawyer of the Year for Land Use and Zoning—Louisville.”
  • Stephen Tullis Porter, Attorney-at-Law; owner and principal broker of Steve Porter Realtors; co-owner of 1840 Tucker House Bed and Breakfast; and adjunct professor at Brandeis.

Brandeis alum named DelCotto Law Group member

Jamie L. Harris has been named a member of the DelCotto Law Group in Lexington. She will focus her practice on individual and business Chapter 11 bankruptcies and workouts.

For the past 8 years, Harris has represented clients in numerous industries including healthcare, nonprofit, trucking, construction, commercial real estate and telecommunications. She is a frequent author and presenter on business insolvency issues.
Harris is a leader in DLG's bankruptcy, business restructuring and debt workout practice areas. She helps companies and individuals expand, reorganize, buy, sell and liquidate. Her practice is focused on clients in transition who need assistance in acquisitions, debt restructuring, refinancing, workouts and turnarounds.
Harris received her bachelor’s degree, cum laude, from Centre College and her JD from the Brandeis School of Law.

Information Session on Environmental, Land Use, and Real Estate Courses & Opportunities

The annual ELLUS session on planning your law school education for careers in environmental, land use, natural resources, and/or real estate law has been folded into the Property Law Careers panel on Tuesday, February 17, 4:15-5:15 p.m. in Room 275.  Professor Arnold will talk about what will be offered, when, and how different courses will help you achieve career goals.  He will also highlight co-curricular, extra-curricular, and job opportunities that will to advance your career goals.  Any 2Ls or 1Ls (or non-graduating 3Ls) who are interested in any of these fields should attend the session.

Professor Hall presenting at UNLV's 10th International Conference on Contracts

Professor Timothy Hall is headed to Las Vegas Feb. 27 and 28 to speak at UNLV’s 10th International Conference on Contracts (KCON 10).

His presentation will focus specifically on fitness tracker terms of service contracts.

The conference is hosted by UNLV's William S. Boyd School of Law and includes contracts scholars and teachers at all experience levels.

Dean Duncan: Brandeis School of Law is on an upward trajectory

Brandeis School of Law Dean Susan Duncan hosted a Town Hall meeting Wednesday, offering an update on recent endeavors pertaining to the school and providing an opportunity for students to weigh in with their questions and concerns.
Dean Duncan kicked off the meeting by highlighting her personal objectives to increase alumni engagement and raise the profile of the school’s faculty and students.
For example, she noted that Brandeis students contributed more than 7,000 hours of public service last year. She has also started a new program to encourage faculty members to aim big for their published work, incentivizing them if they land in a top 50 or top 75 journal, and touting their efforts to help change laws, participate in symposiums, ride the media circuit and more.  
“You all have some incredible faculty members here. They’re making a huge impact in the legal profession and within the academy,” Dean Duncan said, noting that their efforts are helping to put the school on an upward trajectory. “We have two new professors starting in the fall. We made job offers on a Friday and they both accepted the positions within a day or two. That shows we’re up and coming.”
Dean Duncan was also candid about the issues plaguing law schools around the country, notably the dramatic drop in admissions. The biggest solution, she said, is to do something for students’ debt loads.
“We’re not part of the national narrative; we’re not $60,000 a year and we have good employment rates (after graduation),” Dean Duncan said.
Dean Duncan has also been engaging alumni constantly and challenging them to donate back to their alma mater.
Student concerns
Students had the floor following the Dean’s remarks. Among their top concerns and comments were:

  • How to contribute to the upward trajectory. “Join moot court teams and represent us well; fundraise with me; recruit good people,” Dean Duncan said.
  • Increasing marketing to out-of-state students.
  • Student retention, particularly among minority students. Brandeis’ diversity efforts have to be constant, Dean Duncan said. She also highlighted the Diversity Summit in April hosted by the school.

 Dean Duncan also suggested students share Brandeis’ best characteristics, including:

  • The open door policy. “We’re a family. We have a total open door policy.”
  • The close relationship with the bench and bar in Louisville. “Students have access to attorneys and judges because of this awesome relationship. You can’t just get that anywhere.”
  • The public service mission. “This is a big advantage. We have a culture that understands the need for public service.”

“We’re on a great trajectory. You can’t underestimate the ACC thing. We’re not Duke yet but there is no reason we can’t be,” Dean Duncan said. “Our sports teams have gotten there; we can be there too. We just have to keep going. There is enough energy here to do so.”

Incoming Editorial Board selected for the University of Louisville Law Review

The Editorial Board of the University of Louisville Law Review is pleased to announce their successors for Volume 54:

   Editor in Chief: Daniel Reed

   Senior Articles Editor: Emily Meyer

   Senior Notes Editor: Emily Irwin

   Articles Editors: Vlad Bursuc, Megan Diffenderfer, Tyler Larson

   Notes Editors: Lindsey Boyd, Kari DiCecco, Katherine Vail

   Articles Selection Editor: Carolyn Purcell

   Online Content Editor: Andrew Weeks

   Executive Editor: Dallas Selvy

   Managing Editor: Ben Jakubowicz

The University of Louisville Law Review is the principal law review publication of the Louis D. Brandeis School of Law at the University of Louisville. Managed exclusively by students, the Law Review is a scholarly publication devoted to developing the law, evaluating legal institutions and analyzing issues of law and public policy. The Law Review features student notes and articles written by nationally and globally recognized experts. The Editorial Board and Staff of the Law Review publish three issues per year and have editorial control over its content.

Congratulations to the newly minted Editorial Board for Volume 54!

Prof. Milligan’s originalist interpretation of Fourth Amendment argued to U.S. Supreme Court

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.

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.

The U.S. Supreme Court will hear oral arguments on March 3.

The amicus brief states, in part:

[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”).
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.

The brief is available in its entirety online.

In 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.

Law School Diversity Reception

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!

Professor Cross to present on U.S. Patent and Trademark Office Roundtable

Professor 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).  

Professor Cross has been involved with this issue for several years now, having given presentations on it in Seattle, Hong Kong, Paris and Toronto.

At 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).