FIU Law hosts visiting legal scholars from institutions worldwide to provide insight and encourage discussion on myriad legal topics. The purpose of the Faculty Workshops series is to encourage interactive discussion between FIU Law faculty on current legal issues, and provide an open forum through which such discussion can take place. Each workshop features a different legal subject, and is lead by a scholar in that field.
The FIU Faculty Workshop Series started archiving presentations from visiting legal scholars in October 2015. When possible, the workshops were recorded and are provided here. When available, the working drafts of works in progress discussed at the time of the Workshop were also obtained and archived. For access to those hidden works, please contact the eCollections administrator.
Professor Caroline Davidson, of Willamette College of Law, presented a working draft of her work Nunca Mas Meets #NiUnaMenos— The Prosecution of Dictatorship-era Sexual Violence in Chile. This work seeks to explore reasons for delay in justice for sexual violence in Chile and what international criminal justice can learn from the Chilean example. If accountability for sexual and gender violence is a priority, and the ICC regime is premised on decentralized enforcement by national judicial systems, then a greater attention to obstacles to domestic justice for sexual and gender violence and ways of encouraging domestic prosecution is needed.
Professor Dmitry Karshtedt , of George Washington University Law School, presented a working draft of her work The More Things Change: Improvement Patents, Drug Modifications, and the FDA. In this Article, he explains that the rules and institutions involved in determining the validity of patents on chemical inventions, certain features of drug regulation under the Federal Food, Drug, and Cosmetic Act, and unique market forces in the pharmaceutical sector combine to allow strategic product hopping.
Professor Amanda Frost, of American University Washington College of Law, presented a working draft of her work In Defense of Nationwide Injunctions. This work provides the first sustained academic defense of nationwide injunctions. In some cases, nationwide injunctions are the only means to provide plaintiffs with complete relief, or to prevent harm to thousands of individuals who cannot quickly bring their own cases before the courts.
Professor Binyamin Blum , of UC Hastings College of the Law San Francisco, presented a working draft of his work Bones of Contention: Skeletal Maturity and Criminal Responsibility in the British Empire. This work examines the genealogy of establishing chronological age through skeletal maturity.
Bernard J. Hibbitts
Professor Bernard J. Hibbitts, of University Of Pittsburgh School Of Law, presented a working draft of his work Letters of the Law: The Rise and Fall of University-Based Legal Education by Mail, 1875-1885. This work examines the early experiments in correspondence legal education that took place in university settings during the last decade of the 19th century and the first decades of the 20th.
Sharon K. Sandeen
Professor Sharon K. Sandeen , of Mitchell Hamline School of Law, presented a working draft of her work Out of Thin Air: Trade Secrets, Cybersecurity, and the Wrongful Acquisition Tort . This draft chapter examines how the “acquisition by improper means” prong of U.S. trade secret law developed and how it became disconnected from the requirement of a subsequent disclosure or use of the trade secrets.
Andrew F. March
Professor Andrew F. March, of Edmond J. Safra Center for Ethics, Harvard University, presented a working draft of his work The Difference that Politics Makes: From Ideal to Non-Ideal Islamic Constitutional Theory. This work examines three primary goals: (1) to give an account of the ideological contours of the ideal of “Muslim Democracy” in contrast with the ideal Islamist theory developed in the decades prior to the 2011 revolution, (2) to ask what kind of moral commitment or consensus undergirds the commitment to the 2014 constitutional order in Tunisia, and (3) to provide a series of theoretical answers to the question “was the ideal form of an Islamic democracy impossible, and why?”.
From Kampala to New York: The Final Negotiations to Activate the Jurisdiction of the International Criminal Court over the Crime of Aggression
Professor Jennifer Trahan, of the NYU School of Professional Studies, Center for Global Affairs, presented a working draft of her work From Kampala to New York: The final negotiations to activate the jurisdiction of the International Criminal Court over the crime of aggression. This work concludes that even with the limitations on jurisdiction, States Parties still have made an historic contribution to the development of international criminal law. Moreover, if even one aggressive use of force is prevented, then the crime of aggression negotiations conducted over the last two decades will have been well worth the efforts. ICC States Parties concerned about limitations on jurisdiction now have even more reason to ratify the crime of aggression amendment.
Sean D. Murphy
Professor Sean D. Murphy, of the George Washington University School of Law, presented a draft of his work Crimes Against Humanity. This paper examines the prevention and punishment of crimes against humanity. it summarizes the definitions of acts that constitute crimes against humanity, the obligation of their prevention by each State, and to put into practice the necessary measures to guarantee that those acts are crimes under their criminal legislation.
Mr. John Castellano
Mr. John Castellano, Deputy Executive Assistant District Attorney at Queens County District Attorney's Office, presented United States v. Carpenter (on Fourth Amendment Protection for Historic Cell Records). In the United States v. Carpenter, the Supreme Court will decide the scope of the IV Amendment protection for cellular carrier information. This pending case raises significant privacy concerns involving the warrantless access to data that can be used to pinpoint the location of a phone and track its movement over extended periods.
Drumbl A. Mark
Professor Mark A. Drumbl, of Transnational Law Institute of Washington and Lee University, presented a working draft of his work From Timbuktu to The Hague: The War Crime of Intentional Attacks on Cultural Property. This work examines that the guilty plea offered a path forward for both Al Mahdi and the people of Timbuktu. The verdict and sentence placed the crime of intentional destruction of cultural property within the heart of unacceptable conduct during armed conflict, and finally the judgment authenticated what happened to the shrines, why, and explained why such desecration is so hurtful.
Professor Jay Tidmarsh, of Notre Dame Law School, presented a working draft of his work Opting Out of Discovery. This work proposes a system in which both parties are provided an opportunity to opt out of the civil discovery system. This system immunizes any party who opts out from motions to dismiss for failure to state a claim or for summary judgment.
Professor Kunal Parker , of University of Miami School of Law, presented a working draft of his work The Transformation of the Common Law: Modernism, History, and the Turn to Process. This work “traces the transformation of American common law thinking between the nineteenth and twentieth centuries.”
Professor Benjamin Edwards , of UNLV William S. Boyd School of Law, presented a working draft of his work Venture Bearding. This work “describes processes of obscuring and covering outgroup identities either through calculated personal presentation or the manipulation of the perceived identity of a business entity.”
Professor Anita Bernstein, of Brooklyn Law School, presented a working draft of her work Rape is Trespass. This work, “hewing to the tradition that the law of trespass provides redress for direct, unmediated, and wrongful boundary-crossing, argues that sexual penetration unwanted by the person penetrated is trespass. If rape is trespass, then consequences follow far the law of torts as well as crimes.”
Professor Emily Hammond, of The George Washington University Law School, presented a working draft of her work Stranded Cost and Grid Decarbonization. This work examines the transition to grid decarbonization as a propitious opportunity for energy law to improve its approach to stranded cost compensation for investor risks.
Professor Joanna Grossman , of SMU Dedman School of Law, presented a working draft of her work Men Who Give it Away: The Perils of Non-Anonymous Sperm Donation. This work will consider the growing trend towards non-conventional sperm donation, the law’s current approach to the determination of parentage, and the problems with such an approach. It will propose new standards governing the parentage of children conceived with donor sperm.
Professor Sam Kamin, of University of Denver Sturm College of Law, presented a working draft of his work The Current (and Future?) Stalemate over Marijuana Law Reform. This work compares the appropriateness of prosecutorial non-enforcement policy in the contexts of federal immigration and marijuana laws. He begins by discussing the ways in which the Obama administration has set policy in both areas using memoranda directing prosecutors in the exercise of their discretion. He shows that in both of these contexts the administration has turned to the exercise of prosecutorial discretion rather than legislative change to achieve its policy outcomes.
J. B. Ruhl
Professor J.B. Ruhl, of Vanderbilt Law School, presented a working draft of his work Regulating Business Innovation as Policy Disruption: Is the Platform Economy Special? This work examines how the platform economy certainly raises a wide range of important legal issues, analyzes the theory and practice of business innovation, policy disruption, and proposes a theoretical framework for the regulation of innovative business models.
Professor Darren Rosenblum, of Pace Law School, presented a working draft of his work When Does Board Diversity Benefit Firms? This work argues that we can only assess how sex diversity leads to improved performance by understanding the who, what, and where of diversity’s benefit.
Professor Santiago Legarre, of Pontificia Universidad Católica Argentina; Independent Researcher, CONICET (Argentine National Council for the Research in the Humanities); Visiting Professor, University of Notre Dame Law School (USA) and Strathmore Law School (Kenya), presented a working draft of his work HLA Hart and the Making of the New Natural Law Theory. This work examines HLA Hart’s influence in the making of John Finnis’s book Natural Law and Natural Rights.
Professor Donna Coker, of University of Miami School of Law, presented a working draft of her work Crime Logic, Campus Sexual Assault, and Restorative Justice. This work examines that Campus administrators should adopt, and feminists should support, public health responses to sexual assault that are informed by critical race feminism’s insights regarding the importance of intersectional experiences and intersectional subordination.
Professor Felix Mormann, of University of Miami School of Law, presented a working draft of his work Constitutional Challenges and Regulatory Opportunities for State Climate Policy Innovation. This work examines constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy.
Yvonne M. Dutton
Professor Yvonne M. Dutton, of Indiana University Robert H. McKinney School of Law, presented a working draft of her work Unpacking the Deterrent Effect of the International Criminal Court: Lessons from Kenya. This work examines combined with documentary data about what happened in Kenya before and after it ratified the Rome Statute—with a specific focus on those who have been targeted by the ICC—, a new model for evaluating and understanding the ICC’s deterrent power.