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  The Transformation of the Common Law: Modernism, History, and the Turn to Process

  10-18-2017
  Kunal Parker

  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.”

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  Venture Bearding

  10-3-2017
  Benjamin Edwards

  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.”

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  Rape is Trespass

  9-26-2017
  Anita Bernstein

  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.”

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  Stranded Cost and Grid Decarbonization

  4-25-2017
  Emily Hammond

  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.

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  Men Who Give it Away: The Perils of Non-Anonymous Sperm Donation

  4-5-2017
  Joanna Grossman

  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.

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  The Current (and Future?) Stalemate over Marijuana Law Reform

  3-21-2017
  Sam Kamin

  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.

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  Regulating Business Innovation as Policy Disruption: Is the Platform Economy Special?

  1-31-2017
  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.

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  When Does Board Diversity Benefit Firms?

  1-17-2017
  Darren Rosenblum

  Professor Darren Rosenblum, now assoicated with McGill Faculty of Law, 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.

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  HLA Hart and the Making of the New Natural Law Theory

  11-15-2016
  Santiago Legarre

  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.

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  Crime Logic, Campus Sexual Assault, and Restorative Justice

  10-11-2016
  Donna Coker

  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.

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  Constitutional Challenges and Regulatory Opportunities for State Climate Policy Innovation

  9-20-2016
  Felix Mormann

  Professor Felix Mormann, now affiliated with Texas A&M University 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.

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  The Languishing Public Safety Doctrine

  4-27-2016
  Brian Gallini

  Professor Brian Gallini, of University of Arkansas School of Law, presented the work The Languishing Public Safety Doctrine. This work examines that the modern Court should review Quarles.

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  Unpacking the Deterrent Effect of the International Criminal Court: Lessons from Kenya

  4-6-2016
  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.

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  Correlative Obligation in Patent Law

  3-1-2016
  Srividhya Ragavan

  Professor Srividhya Ragavan, of University of Oklahoma College of Law, presented a working draft of her work Correlative Obligation in Patent Law. This work examines outlines how it is easier to clearly define the limits of the monopoly rights in the context of the public benefit end of patent law and by default, the patent system.

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  Back to the Future for Lead Abatement? Drawing on lessons of the past to give condors and other wildlife a future

  2-17-2016
  Daniel J. Rohlf

  Professor Daniel J. Rohlf, of Lewis & Clark Law School, presented a working draft of his work Back to the Future for Lead Abatement? Drawing on lessons of the past to give condors and other wildlife a future. This work examines how advocates for eliminating lead are again using political, administrative, and judicial means to attack continued uses of lead in hunting and fishing.

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  Integrating Principle and Politics in the new History of Originalism

  2-11-2016
  Logan E. Sawyer III

  Professor Logan E. Sawyer III, of University of Georgia School of Law and currently a visiting Professor at Harvard Law School, presented a working draft of his work Integrating Principle and Politics in the new History of Originalism. This work examines the artificial and counter-productive gap between the academic history of originalism, and the political history of originalism.

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  Third Annual Lecture on Legal Education with Jennifer L. Mnookin of UCLA Law Part II, "Constructing Evidence and Educating Juries: The Case for Modular, Made-in-Advance Expert Evidence About Eyewitness Identifications and False Confessions"

  2-3-2016
  Jennifer L. Mnookin

  Professor Jennifer L. Mnookin, now affiliated with The University of Wisconsin Law School, presented her work Constructing Evidence and Educating Juries: The Case for Modular, Made-in-Advance Expert Evidence About Eyewitness Identifications and False Confessions. This work examines the comparison of the idea of modular testimony to several alternative methods for trying to reduce the dangers of inaccurate eyewitness identifications and false confessions.

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  Third Annual Lecture on Legal Education with Jennifer L. Mnookin of UCLA Law Part I

  2-2-2016
  Jennifer L. Mnookin

  Professor Jennifer L. Mnookin, now affiliated with The University of Wisconsin Law School, presented the Third Annual Lecture on Legal Education Part I.

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  Between Legitimacy and Control: Challenging and Recusal of Judges and Arbitrators in International Courts and Tribunals

  1-27-2016
  Chiara Giorgetti

  Professor Chiara Giorgetti, of University of Richmond Law School, presented a working draft of her work Between Legitimacy and Control: Challenging and Recusals of Judges and Arbitrators in International Courts and Tribunals. This work examines the importance of fulfilling legitimacy requirements in international courts and tribunals as a mechanism to secure judgment compliance and institutional support, and also argues that the guarantee of an independent and impartial judges is a key attribute to legitimacy.

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  What can Animal Law Learn from Environmental Law?

  11-23-2015
  Randall S. Abate

  Professor Randall S. Abate, now affiliated with The George Washington University Law School, presented on his recently published book, What Can Animal Law Learn form Environmental Law? The workshop focused on how the fields of environmental law and animal law can work in concert. The Workshop was presented in collaboration with the FIU Law Student Animal Legal Defense Fund and FIU Law Environmental Law Society student organizations.

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  Consent Confusion

  11-18-2015
  Aya Gruber

  Professor Aya Gruber, of Colorado Law at the University of Colorado Boulder, presented a working draft of her work Consent Confusion. This work examines "expressive-consent proposals" which would require "affirmative consent" to sex to avoid risking criminal consequences.

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  Law, Religion, and Politics: Understanding the Separation of Church and State

  11-12-2015
  Richard Garnett

  Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.

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  How Law Schools Are Failing Minority Students: The Insidious Consequences of Ignoring Stereotype Threat

  10-20-2015
  Russell McClain

  Professor Russell McClain, of University of Maryland Francis King Carey School of Law, presented a working draft of his work How Law Schools Are Failing Minority Students: The Insidious Consequences of Ignoring Stereotype Threat. This work examines the psychological phenomenon "stereotype threat" research as it relates to law schools and makes recommendations for addressing the phenomenon.

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  Policing Rape

  10-7-2015
  Corey Rayburn Yung

  Professor Corey Rayburn Yung, of University of Kansas School of Law presented a working draft of his work Policing Rape. This work focuses on obstacles to true rape prosecution reform by examining recent cases and analyzing the hypothesized detrimental effects current cultural and police practices have on rape victims before they bring their claims to the courthouse.