In an effort to provide the law school community with additional opportunities for academic enrichment and community this summer, we have scheduled a series of digital summer seminars, open to rising 2Ls and 3Ls. These seminars will include panel discussions featuring a wide range of practitioners and scholars on topics ranging from Policing the Pandemic and Legal Issues Surrounding Contact-Tracing to Choosing a Substantial Writing Topic and Navigating Legal Employment in the Age of Covid, as well as faculty presentations on works-in-progress.
These seminars will be held on Wednesdays between 12:30-1:45 PM ET over Zoom. The first session will be moderated by Dean Trevor Morrison next Wednesday, June 3.
This posting will be updated with more information about future sessions and zoom webinar links as they become available. To join each session, please register at the link provided for each session. Registrations will be approved by the morning of the session.
Wednesday, June 3rd
Summer Kick-Off Panel: Policing in America: The Current Crisis
Moderator: Dean Trevor Morrison
Description: In light of current events, we have decided to change the topic of Wednesday’s kick-off event of the Summer Series. We will have a panel, also moderated by Dean Morrison, on Policing in America: The Current Crisis. The panel will explore the events that led to nationwide protests, and what is needed to address them. Panelists include alumnus Matt Johnson, the former President of the Los Angeles Police Commission; Vanita Gupta, the President and CEO of the Leadership Conference on Civil and Human Rights and former Acting Assistant Attorney General Civil Rights Division; Professor Anne Milgram, Director of the Criminal Justice Lab; and Scott Thomson, former Chief of the Camden County Police Department.
As of the morning of 6/3, this webinar has been POSTPONED.
Monday, June 15th
Substantial Writing Topic Selection
Professor David Kamin, NYU Law
David Kamin joined NYU School of Law in 2012. His scholarship focuses on tax and budget policy, and he has published on issues ranging from the tax code’s effect on inequality and poverty to the role of budget baselines in the legislative process. He is current acting chair of the Furman Scholars Program. Before joining NYU Law, Kamin worked in President Obama’s administration. Kamin earned a BA in economics and political science with highest honors from Swarthmore College in 2002. He earned a JD magna cum laude from NYU Law in 2009.
Professor Troy McKenzie, NYU Law
Troy McKenzie ’00 joined the faculty of NYU School of Law in 2007. His scholarly interests include bankruptcy, civil procedure, complex litigation, and the federal courts. His work explores litigation and the institutions that shape it—particularly complex litigation that is resolved through the class action, bankruptcy, and other forms of aggregation. McKenzie returned to NYU Law in 2017 after serving for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. He earned a bachelor’s degree in chemical engineering from Princeton University and his law degree from NYU Law. After graduation, he clerked for Judge Pierre N. Leval of the US Court of Appeals for the Second Circuit and Justice John Paul Stevens of the US Supreme Court.
Mala Chatterjee, Furman Fellow
Mala Chatterjee is the Furman Fellow at NYU Law and a PhD candidate in Philosophy at NYU, and received her JD summa cum laude from NYU School of Law in 2018. She is currently clerking for the Honorable Judge Robert D. Sack at the United States Court of Appeals for the Second Circuit. Mala is also a fellow at the NYU School of Law’s Engelberg Center for Innovation Law and Policy and a Visiting Fellow at Yale Law School’s Information Society Project. She works in Law & Philosophy with a particular focus on Intellectual Property, and her work has appeared in the peer-reviewed Journal of Legal Analysis at Harvard Law School, the Columbia Law Review, and the NYU Law Review. She graduated from Stanford University with a degree in Philosophy in 2014.
Wednesday, June 17th
Force Majeure Goes Viral: COVID and Commercial Unforeseeability
Moderator: Professor Florencia Marotta-Wurgler
Description: The advent of COVID-19 dramatically affected the value of commercial arrangements that had been entered into prior to the pandemic. Commercial parties have claimed that the sudden and unforeseeable occurrence of the pandemic excuses them from contractual performance. At this session, Professors Clayton Gillette and Florencia Marotta-Wurgler will discuss contractual clauses that might affect such claims and legal doctrines that apply in the face of contractual silence.
Wednesday, June 24th
Extraordinary Government Powers (and their Limits) in Emergencies
Moderator: Dean Trevor Morrison
Description: Governments are constrained by constitutions and statutes, but governments also have a pool of extraordinary powers to be deployed only in an emergency. The current pandemic has triggered some of these powers, and given rise to discussion of others, from border closings to quarantines to contract tracing. Yet, it is often during emergencies that limitations on government powers are most contested and most critical. This panel will discuss how to think about government powers in emergencies, and what we can do to contain them while at the same time assuring their effectiveness.
Professor Samuel Issacharoff, NYU Law
Samuel Issacharoff is the Bonnie and Richard Reiss Professor of Constitutional Law at NYU School of Law. His wide-ranging research deals with issues in civil procedure (especially complex litigation and class actions), law and economics, American and comparative constitutional law, and employment law. He is one of the pioneers in the law of the political process; his Law of Democracy casebook (co-authored with Stanford Law School’s Pam Karlan and NYU School of Law’s Richard Pildes) and dozens of articles have helped create this vibrant new area of constitutional law. Prior to teaching at NYU School of Law, Professor Issacharoff held teaching positions at the University of Texas and Columbia Law School. He received his JD from Yale Law School.
Professor Lisa Monaco, NYU Law
Lisa Monaco is Distinguished Senior Fellow, Law and Security, Cybersecurity and an Adjunct Professor at NYU School of Law. Previously, she was Assistant to the President for Homeland Security and Counterterrorism under President Barack Obama, whom she advised on all aspects of counterterrorism policy and strategy and coordinating homeland security-related activities throughout the Executive Branch. Ms. Monaco was responsible for policy coordination and crisis management on issues ranging from terrorist attacks at home and abroad to cybersecurity and natural disasters. Prior to holding this position, she spent 15 years at the Department of Justice, the majority of that time serving as a career federal prosecutor. She is a graduate of Harvard University and the University of Chicago Law School.
Pratap Bhanu Mehta
Pratap Bhanu Metha is Contributing Editor at the Indian Express. Previously, he was president of the Centre for Policy Research, one of India’s top think tanks. He was also Vice-Chancellor of Ashoka University. He has also taught at NYU School of Law, Harvard University, and Jawahartal Nehru University. He has written extensively on intellectual history, political theory, law, India’s social transformation and world affairs. He is the recipient of the Infosys Prize, the Adisheshiah Prize and the Amartya Sen Prize. He holds a PhD in Politics from Princeton University and a B.A. in Philosophy, Politics, and Economics from St. John’s College, Oxford.
Wednesday, July 1st
Coronavirus and the New Surveillance: Contact Tracing, Health tracking, Privacy, and Legality
Moderator: Professor Florencia Marotta-Wurgler
Description: The coronavirus pandemic has already claimed more than 110,000 lives in the U.S. Containing it will likely involve continuously sharing health and location information, and having employers take daily temperature readings. This panel will explore the current approaches to managing the current health crisis, and will ask whether the existing mechanisms of contact tracing and health checking can be privacy preserving and, if not, how far they can go in trading off individual privacy and public health.
Robin Tholin is the Litigation Fellow at the Policing Project. Prior to joining the Policing Project, Robin attended Harvard Law School, where she served as an executive editor of the Harvard Law Review. She worked as a summer associate at Altshuler Berzon LLP and spent the previous summer in Senator Durbin’s Judiciary Committee office. Robin holds a Bachelor of Arts in the College of Social Studies from Wesleyan University.
Dr. Margaret Bourdeaux
Margaret Bourdeaux, MD, MPH, conducts research and field work focused on health systems and institutions in conflict affected states. She works closely with Harvard Medical School’s Global Public Policy and Social Change program and spearheads the Fragile Setting Health System working group. She has worked with the Office of the Secretary of Defense Policy to analyze the US Department of Defense’s global health projects and programs. She led a joint Harvard-NATO team of analysts to evaluate the impacts, challenges and opportunities international security forces have in protecting and rebuilding health systems in conflict affected states. She earned her B.A. at Harvard University, her M.D. from Yale Medical School, completed her combined residency in Internal Medicine and Pediatrics at Brigham and Women’s Hospital in Boston, MA and completed her MPH at Harvard School of Public Health. She was one of the first graduates of the Global Women’s Fellowship at Brigham and Women’s Hospital.
Wednesday, July 8th
Wednesday, July 15th
What’s Up with the Supreme Court?
Moderator: Professor Barry Friedman
Description: To say the 2019-2020 Term of the Supreme Court was unusual is a bit of an understatement. COVID forced the Court to conduct oral arguments by telephone, and for the first time allowed the public to livestream audio of the Court’s proceedings. The Term stretched into July. And the justices resolved a load of contentious cases. We’re doing to discuss what was memorable about the Term, and what we might anticipate from the Court in the future, and we have a great panel to do it, including our own (and Strict Scrutiny’s) Melissa Murray, Supreme Court Litigator Extraordinaire Sarah Harrington, and the New York Times’ Supreme Court correspondent Adam Liptak. It’s moderated by Barry Friedman, who’s doing it out of the hope he can get a Strict Scrutiny T-Shirt or coffee mug.
Professor Barry Friedman, NYU Law
Barry Friedman is one of the country’s leading authorities on constitutional law, policing, criminal procedure, and the federal courts. He is the author of the The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution (2009), and Unwarranted: Policing without Permission (2017). Friedman is the founding director of NYU Law’s Policing Project, and the reporter for the American Law Institute’s Principles of Law: Policing. He publishes regularly in the nation’s leading academic journals, in the fields of law, politics, and history; his work also appears frequently in the popular press, including the New York Times, Slate, the Los Angeles Times, Politico, and the New Republic. Friedman has served as a litigator or litigation consultant on a variety of matters in the federal and state courts, and has had a long involvement with social change issues. Professor Friedman graduated from the University of Chicago and received his law degree magna cum laude from Georgetown University Law Center.
Professor Melissa Murray, NYU Law
Melissa Murray is a leading expert in family law, constitutional law, and reproductive rights and justice. Murray’s award-winning research focuses on the legal regulation of intimate life and encompasses such topics as the regulation of sex and sexuality, marriage and its alternatives, the marriage equality debate, the legal recognition of caregiving, and reproductive rights and justice. Her publications have appeared in the California Law Review, Columbia Law Review, Harvard Law Review, Michigan Law Review, Pennsylvania Law Review, Virginia Law Review, and Yale Law Journal, among others. She is an author of Cases on Reproductive Rights and Justice, the first casebook to cover the field of reproductive rights and justice, and a co-editor of Reproductive Rights and Justice Stories. Murray is a graduate of the University of Virginia, where she was a Jefferson Scholar and an Echols Scholar, and Yale Law School, where she was notes development editor of the Yale Law Journal.
A partner at Goldstein & Russell, P.C., Sarah is among the most experienced Supreme Court specialists practicing today. She has argued 21 cases in the Supreme Court and has served as counsel or co-counsel in dozens of others. She has also argued dozens of cases in the federal courts of appeals. Sarah is a Chambers USA-ranked appellate litigator, known for her skill at oral argument and her tremendous judgment as an advocate. She has handled a wide range of topics before the Supreme Court, including bankruptcy, constitutional law, criminal law, tax law, preemption, trademark, civil procedure, environmental law, and federal statutory questions. A graduate of Harvard Law School and Yale College, Sarah clerked for the Honorable Rosemary Barkett of the Eleventh Circuit U.S. Court of Appeals. Sarah serves on the Board of Advisors of the Institute of Judicial Administration at NYU and is a Master in the Edward Coke Appellate Inn of Court.
New York Times journalist Adam Liptak covers the United States Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The New York Times’s news staff in 2002. He was a finalist for the 2009 Pulitzer Prize in explanatory reporting. He has taught courses on the Supreme Court and the First Amendment at several law schools, including Yale and the University of Chicago.
Wednesday, July 22nd
Presenters: Professor Kevin Davis
Paper: “International Regulation of Law Enforcement: The OECD Anti-Bribery Convention and the SNC-Lavalin Affair”
Description: Some of our sessions this summer will be faculty presenting works in progress. We will kick off these WIPs presentations with Professor Kevin Davis, who is presenting a paper entitled International Regulation of Law Enforcement: The OECD Anti-Bribery Convention and the SNC-Lavalin Affair. Professor Davis will talk about his work, and then will take questions from those in attendance.
Wednesday, July 29th
Presenters: Professor Jeanne Fromer, Professor Barton Beebe
Paper: “Trademark Depletion in a Global, Multilingual Community: Evidence from the European Union”
Wednesday, August 5th