University of Louisville Law Review Symposium: First Amendment Issues in Emerging Technology

February 20, 2009, 8:00am – 5:00pm
University of Louisville, Brandeis School of Law
Registration Cost: General Admission: $25 (includes lunch); Sign up for 6 hours of CLE: $125

The University of Louisville Law Review invites students, faculty, alumni and staff to its second annual symposium, First Amendment Issues in Emerging Technology, featuring keynote speaker David Partlett.

Registration

To register, or for more information, contact Christopher McDavid at ctmcda01@louisville.edu.

Agenda

9:00-9:15

Welcome

Dean James M. Chen, University of Louisville, Louis D. Brandeis School of Law

 9:15-10:15

Advances in Speech Technology and the Implications for Society

David F. Partlett, Dean and Asa Griggs Candler Professor of Law, Emory University School of Law

 10:15-10:30 Break
 10:30-Noon

The Shifting Nature of Speech Technology

Moderator: Professor Luke Milligan, University of Louisville, Louis D. Brandeis School of Law.

Speakers: Dean Blake Morant, Wake Forest University School of Law;
Professor Paul Secunda, Marquette University School of Law;
Eric Segall, Georgia State University College of Law;
Dean James M. Chen, University of Louisville, Louis D. Brandeis School of Law

 Noon-1:00  Lunch
 1:00-3:00Regulating "Hate Speech" adn Holocaust Denial

Moderator:

Speakers: Professor Deborah Lipstadt, Emory University;
Dr. Professor Udo Fink, Johannes Gutenburg University (Mainz, Germany);
Professor Arnold Loewy, Texas Tech University School of Law;
Professor Russell L. Weaver, University of Louisville, Louis D. Brandeis School of Law.

 3:00-3:15Break
 3:15-5:00Regulating Other Potentially Harmful Speech

Moderator:

Speakers: Professor Ellen Podgor, Stetson University College of Law;
Ilya Shapiro, Cato Institute

 

 

 

 

 

Speaker Bios

David Partlett, Keynote Speaker

David F. Partlett assumed the deanship of Emory Law on July 1, 2006.  He holds the academic position of Asa Griggs Candler Professor of Law.  Dean Partlett previously served as Vice President, Dean, and Professor of Law at Washington and Lee University School of Law for six years.  He joined the faculty of the Vanderbilt University Law School in 1987.  He was a fellow in the Institute for Public Policy Studies and was Acting Dean 1996-1997.   Partlett held positions in the Australian government as a senior legal officer for the Commonwealth Attorney-General's Department in Canberra, where he was responsible for policy advice on the Racial Discrimination Act and other related human rights and racial discrimination legislation.   He later was appointed to the Australian Law Reform Commission.

 

 From 1978 until 1987, Dean Partlett was a member of the faculty of the Australian National University, and he served as Associate Dean from 1982-85.  He is a member of the American Law Institute, the American Society of Law and Medicine, and the Selden Society.  He currently teaches torts and has taught courses on torts, judicial remedies and professional liability.  He has authored books on torts, defamation and free speech, child mental health and medical malpractice.

 

 A native of Australia, David Partlett earned his LL.B. degree from the University of Sydney School of Law in 1970, an LL.M. from the University of Michigan Law School in 1974, and an S.J.D. from the University of Virginia School of Law in 1982. He remains an active scholar, with recent work focused on tort law, as well as defamation and free speech, child mental health, and medical malpractice.

 

Blake Morant

Blake Morant, dean of Wake Forest School of Law, is one of the nation's best known and respected legal educators and scholars. He has served in numerous leadership positions in the American Association of Law Schools and the American Bar Association, and he regularly speaks across the country and abroad on legal education, diversity, as well as topics relating to his scholarly interests. He has taught at the law schools at American University, University of Toledo, University of Michigan, University of Alabama, and, most recently, Washington & Lee. He has also been a visiting fellow of University College, Oxford.

 

Prior to becoming a legal academic, he served in the Army's Judge Advocate General Corps, as a senior associate with a Washington, D.C. law firm, and as an Assistant General Counsel for the Washington Metropolitan Transit Authority. Blake's wife, Paulette (P.J.), has taught Spanish at Lincoln University, Pennsylvania, and in high schools in North Carolina, Virginia, Michigan and Ohio. P.J. and Blake met as undergraduate students at the University of Virginia and share many interests, including volunteer work with civic and church organizations, a love of tennis, and music. Blake regularly serves as cantor at a local church.

 

Paul Secunda

Professor Secunda joined the Marquette University Law School as an associate professor of law in the summer of 2008. Previous to that time, he taught six years at the University of Mississippi School of Law. He teaches employment discrimination, employee benefits, labor law, employment law, civil procedure, and seminars in special education law, global issues in employee benefits, and public employment law.

 

Professor Secunda is the author of nearly three dozen books, treatises, articles, and shorter writings. His recent articles appear in the UCLA Law Review, Wisconsin Law Review, Colorado Law Review, U.C. Davis Law Review, Duke Journal of Gender Law & Policy and the Comparative Labor Law & Policy Journal. He is also the author, along with Rick Bales and Jeff Hirsch, of the treatise, Understanding Employment Law, along with Sam Estreicher and Rosalind Connor, of the case book, Global Issues in Employee Benefits Law, and of the Teacher's Manual to the 14th Edition of the Cox, Bok, Gorman & Finkin Labor Law casebook.

 

His legal scholarship primarily focuses on the civil liberties and civil rights of employees, with a focus on public employee constitutional speech, privacy, and associational rights. He is the current national Chair-Elect of the AALS Section on Labor Relations and Employment Law, the immediate past chair of the AALS Section on Employment Discrimination Law, and the Secretary of the AALS Section on Employee Benefits.

 

Eric Segall

Eric Segall, professor of law at Georgia State University, graduated from Emory University, Phi Beta Kappa, Summa Cum Laude, and from Vanderbilt Law School where he was the Research Editor for the Law Review and Order of the Coif. He clerked for the Honorable Charles Moye, Jr., Chief Judge for the Northern District of Geogia, and Albert J. Henderson of the Eleventh Circuit Court of Appeals. After his clekships, he worked for Gibson, Dunn & Crutcher, and the United States Department of Justice, before joining the GSU faculty in 1991.

 

Professor Segall teaches federal courts and constitutional law, and is also Co-Director of the Externship Program. His articles on constitutional law have appeared in, among others, the UCLA Law Review, the George Washington Law Review, the University of Pennsylvania Journal of Constitutional Law, the University of Pittsburgh Law Review, and the Florida Law Review, and he has been a frequent contributor to Constitutional Commentary. He has served on the Executive Committee of the AALS section on federal courts, and has given numerous speeches both inside and outside the academy on constitutional law questions and the Supreme Court. In the Spring of 2004, Professor Segall was a visiting Professor at the American University School of Law.

 

Jim Chen

Jim Chen joined the University of Louisville as dean of the Louis D. Brandeis School of Law in January 2007. Dean Chen is a prolific and influential scholar whose works span subjects such as administrative law, agricultural law, constitutional law, economic regulation, environmental law, industrial policy, legislation, and natural resources law. He is the coauthor of Disasters and the Law: Katrina and Beyond (Aspen Publishers, 2006), the first book to provide comprehensive coverage of the legal issues surrounding natural disasters. He provides expert advice on the law of regulated industries, particularly telecommunications. Dean Chen has also taught courses in criminal law and food and drug law.

 

From July 1993 to January 2007, Dean Chen taught at the University of Minnesota Law School. In his final years at Minnesota, Dean Chen served as that school's associate dean. He was an editor of Constitutional Commentary and the faculty editor-in-chief of the Minnesota Journal of Law, Science & Technology. He also served as faculty advisor to the Minnesota Law Review and Law & Inequality. Within the University of Minnesota's Conservation Biology Program, Dean Chen served as a member of the graduate faculty.

 

Dean Chen received his B.A. degree, summa cum laude, and his M.A. degree from Emory University. After studying as a Fulbright Scholar at Háskóli Íslands (the University of Iceland), he earned his J.D. degree, magna cum laude, from the Harvard Law School, where he served as an executive editor of the Harvard Law Review. He clerked for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit and for Justice Clarence Thomas of the Supreme Court of the United States.

 

Deborah Lipstadt

Deborah E. Lipstadt, Director, Rabbi Donald A. Tam Institute for Jewish Studies and Dorot Professor of Modern Jewish and Holocaust Studies (1993). Dr. Lipstadt's book HISTORY ON TRIAL: MY DAY IN COURT WITH DAVID IRVING [Ecco/HarperCollins, 2005] is the story of her libel trial in London against David Irving who sued her for calling him a Holocaust denier and right wing extremist. The book has been described as a "fascinating and meritorious work of legal - and moral - history." [Kirkus, November 2004]. It was ranked by the editors at Amazon.com as number four on its list of top ten history books of 2005. The Daily Telegraph ( London) declared that the trial had "done for the new century what the Nuremberg tribunals or the Eichmann trial did for earlier generations." The Times ( London) described it as "history has had its day in court and scored a crushing victory." The judge found David Irving to be a Holocaust denier, a falsifier of history, a racist, an antisemite, and a liar. Her legal battle with Irving lasted approximately six years. According to the New York Times, the trial "put an end to the pretense that Mr. Irving is anything but a self-promoting apologist for Hitler." In July 2001 the Court of Appeal resoundingly rejected Irving's attempt to appeal the judgment against him.

 

Lipstadt represented President George W. Bush as a member of the official American delegation to the 60 th anniversary of the liberation of Auschwitz. As an historical consultant to the United States Holocaust Memorial Museum, she helped design the section of the Museum dedicated to the American Response to the Holocaust. President Clinton appointed her to two consecutive terms on the United States Holocaust Memorial Council. From 1996 through 1999 she served as a member of the United States State Department Advisory Committee on Religious Freedom Abroad. In this capacity she, together with a small group of leaders and scholars, advised Secretary of State Madeline Albright on matters of religious persecution abroad.

 

Dr. Lipstadt has also written DENYING THE HOLOCAUST: THE GROWING ASSAULT ON TRUTH AND MEMORY (Free Press/Macmillan, 1993), the first full length study of those who deny the Holocaust. The book has been translated into German and Japanese. She has also written BEYOND BELIEF: THE AMERICAN PRESS AND THE COMING OF THE HOLOCAUST (Free Press/Macmillan, 1986, 1993). The book, an examination of how the American press covered the news of the persecution of European Jewry between the years 1933 and 1945, addresses the question "what did the American public know and when did they know it?"

 

She has taught at University of Washington, UCLA and Occidental College in Los Angeles. In Spring 2006 she was a Visiting Professor at the Gregorian Pontifical University in Rome. She received her B.A. from City College of New York and her M.A. and Ph.D. from Brandeis University. Professor Lipstadt is frequently called upon by the media to comment on matters of Jewish interest.

 

Dr. Udo Fink

Dr. Udo Fink is a professor of International and European Law as well as International business in the Department of Public Law at Johannes Gutenberg University in Mainz Germany.  His research includes work in the Law of the U.N. and the World Trade Organization, higher education law, and broadcasting law.

 

Arnold Loewy

As the first professor to hold the Texas Tech School of Law's new Judge George R. Killam Jr. Chair of Criminal Law, Loewy will initiate a series of annual symposiums in the area of criminal law or criminal procedure. He recently joined the Texas Tech School of Law faculty after having taught for 38 years at the University of North Carolina School of Law and four years at the University of Connecticut School of Law.

 

He received both his bachelor's degree and Doctor of Jurisprudence from Boston University, where he achieved the top academic average in his graduating class and was a senior editor for the Boston University Law Review. Professor Loewy obtained his LL.M. from Harvard Law School in 1964.

 

Loewy was chair of the criminal justice section of the Association of American Law Schools in 1993 after serving for seven years on the executive board and as an officer. He also chaired the AALS Constitutional Law Section from 1973 to 1975. In addition to being an invited speaker at law schools and conferences throughout the nation, Loewy addressed the International Society for the Reform of Criminal Law in 1990 on the topic of criminal speech, in 2002 on the topic of virtual child pornography, and again in 2006 on "Systemic Changes to Reduce the Conviction of the Innocent." He also taught American Constitutional Law to European students at Katholieke University, Nijmegen, Netherlands.

 

Russell L. Weaver

Professor Russell L. Weaver graduated cum laude from the University of Missouri School of Law in 1978. He was a member of the Missouri Law Review, was elected to the Order of the Coif, and won the Judge Roy Harper Prize. After law school, Professor Weaver was associated with Watson, Ess, Marshall & Enggas in Kansas City, Missouri, and worked for the U.S. Department of Energy's Office of General Counsel in Washington, D.C.

 

Professor Weaver began teaching at the Louis D. Brandeis School of Law in 1982, and holds the rank of Professor of Law and Distinguished University Scholar. He teaches Constitutional Law, Advanced Constitutional Law, Remedies, Administrative Law, Criminal Law, and Criminal Procedure. He has received the Brandeis School of Law's awards for teaching, scholarship, and service, including the Brown Todd & Heyburn Fellowship. He has been awarded the President's Award (University of Louisville) for Outstanding Research, Scholarship and Creative Activity in the Field of Social Science, the President's Award for Outstanding Research, Scholarship and Creative Activity in the Career Achievement Category, and the President's Award for Distinguished Service. He is the Executive Director and past president of the Southeastern Conference of the Association of American Law Schools. He is an Honorary Associate of Macquarie University (Sydney, Australia).

 

Professor Weaver is a prolific author who has written dozens of books and articles over the last twenty-five years. He was named the Judge Spurgeon Bell Distinguished Visiting Professor at South Texas College of Law (affiliated with Texas A & M University) during the 1998-99 academic year, and he held the Herbert Herff Chair of Excellence at the Cecil C. Humphreys School of Law, University of Memphis, during 1992-93. In addition, he has been asked to speak at law schools and conferences around the world, and has been a visiting professor at law schools in France, England, Germany, Japan, Australia and Canada.

 

Professor Weaver has served on many community and professional committees. He served on the Louisville Bar Association's (LBA) Professional Responsibility Committee, and as Chair of the Association of American Law Schools' (AALS) Criminal Justice Section and serves on the AALS Planning Committee for the New Law Teacher's Workshop. He has also served on the American Civil Liberties Union of Kentucky's Legal Panel and Board of Directors.

 

Clive Walker

Clive Walker is a Professor in the Department of Law and Director of the Centre for Criminal Justice Studies at the University of Leeds. He has written extensively on criminal justice, civil liberties and media issues.

 

Ellen Podgor

Ellen Podgor is Associate Dean of Faculty Development and Electronic Education and a Professor of Law at Stetson University.  A former deputy prosecutor and criminal defense attorney, Professor Podgor teaches in the areas of white collar crime, criminal law and international criminal law. She has previously taught other courses, such as professional responsibility, criminal procedure, and advocacy. She is the co-author of numerous books including the Nutshell on White Collar Crime, Understanding International Criminal Law, and Mastering Criminal Law. She has authored more than 50 law review articles and essays in the areas of computer crime, international criminal law, lawyer's ethics, criminal discovery, prosecutorial discretion, corporate criminality, and other white collar crime topics.

 

She has taught at other law schools including Georgia State University College of Law and St. Thomas University College of Law, and been a visiting professor at University of Georgia School of Law, George Washington University Law School and held a visiting endowed chair position at University of Alabama School of Law. She served for six years as a member of the board of directors of the National Association of Criminal Defense Lawyers (NACDL) and presently serves on the board of directors of the International Society for the Reform of Criminal Law (ISRCL). She is a past chair of the Criminal Justice Section of the Association of American Law Schools (AALS) and is an honorary member of the American Board of Criminal Lawyers. Professor Podgor is a member of the American Law Institute.

 

Ilya Shapiro

Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. Before joining Cato, he was Special Assistant/Advisor to the Multi-National Force-Iraq on rule of law issues and practiced international, political, commercial, and antitrust litigation at Patton Boggs LLP and Cleary Gottlieb LLP. Shapiro has contributed to a variety of academic, popular, and professional publications, including the L.A. Times, Washington Times, Weekly Standard, Roll Call, National Review Online, and from 2004 to 2007 wrote the "Dispatches from Purple America" column for TCS Daily.com. He also regularly provides commentary on a host of legal and political issues for various TV and radio outlets, including Fox News, CBS, WGN, Voice of America, and American Public Media's "Marketplace." He is also an adjunct professor at The George Washington University Law School and lectures regularly on behalf of the Federalist Society, The Fund for American Studies, and other educational and professional groups. Before entering private practice, Shapiro clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit, while living in Mississippi and traveling around the Deep South. He holds an A.B. from Princeton University, an M.Sc. from the London School of Economics, and a J.D. from the University of Chicago Law School (where he became a Tony Patiño Fellow). Shapiro is a native speaker of English and Russian, is fluent in Spanish and French, and is proficient in Italian and Portuguese.