LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW LOYOLA UNIVERSITY CHICAGO LAW JOURNAL PRESENTS: THE FUTURE OF LEGAL SCHOLARSHIP FRIDAY, APRIL 6, 2018 8 AM 3 PM POWER ROGERS & SMITH CEREMONIAL COURTROOM Symposium Coordinators: Olivia Sullivan, Executive Editor of Conference Management Lawprofblawg, A Blog by a Law Professor for Law Professors Eric Segall, Professor, Georgia State University College of Law
Agenda 8:15 AM WELCOME & CONTINENTAL BREAKFAST 8:45 AM OPENING REMARKS Michael Kaufman, Dean and Professor of Law, Loyola University Chicago School of Law 9:00 AM PANEL #1 WHAT IS A GOOD LAW REVIEW ARTICLE? Darren Bush, University of Houston Law Center Caprice Roberts, Savannah Law School Spencer Waller, Loyola University of Chicago School of Law 10:15 AM PANEL #2 DOES SCHOLARSHIP LIVE AND DIE IN A VACUUM? Eric Segall, Georgia State University Orly Lobel, University of San Diego School of Law Carissa Hessick, University of North Carolina School of Law 12 PM LUNCH WITH KEYNOTE SPEAKER THE HONORABLE RICHARD POSNER Former Judge, U.S. Court of Appeals for the 7th Circuit 1:30 PM PANEL #3 SCHOLARSHIP EXCEPTIONALISM: THE DANGERS OF MEASURING SUCCESS Mark Lemley, Stanford Law Nancy Leong, University of Denver Sturm College of Law Anthony Kreis, Chicago-Kent College of Law 3:00 PM CLOSING REMARKS John Breen, Professor of Law and Faculty Advisor, Loyola University Chicago Law Journal, Loyola University Chicago School of Law
Panelists FEATURED SPEAKER THE HONORABLE RICHARD POSNER The Honorable Richard Posner served on the United States Court of Appeals for the Seventh Circuit in Chicago from 1981 until 2017. He was the chief judge of the court from 1993 to 2000. Prior to his judgeship, Judge Posner clerked for Justice William J. Brennan, Jr., worked as an assistant to Commissioner of the Federal Trade Commission and he was assistant to the solicitor general of the United States. He was the founding editor of the Journal of Legal Studies and the American Law and Economics Review. Judge Posner is currently a senior lecturer at the University of Chicago Law School where he originally taught in 1969. Judge Posner has written nearly 40 books, including Economic Analysis of Law (9th ed., 2014); The Economics of Justice (1981); and, Law and Literature (3rd ed. 2009). He also wrote books on the Clinton impeachment, Bush v. Gore, many articles in legal and economic journals, and book reviews in the popular press. PANEL #1: WHAT IS A GOOD LAW REVIEW ARTICLE? DARREN BUSH is a professor at The University of Houston Law Center. Professor Bush received his Ph.D. in economics and J.D., both from the University of Utah. Professor Bush s scholarship focuses on the intersection of regulation and antitrust, with emphasis on deregulated markets, immunities and exemptions, and merger review. Professor Bush, along with Harry First and the late John J. Flynn, co-authored the antitrust casebook Free Enterprise and Economic Organization: Antitrust (7th ed. 2014). He has also written nearly 30 law reviews articles including some of his most recent Out of the DOJ Ashes Rises the FTC Phoenix: Towards Singular Federal Antitrust Enforcement, 53 Willamette L. Rev. 33 (2017); Book Review: American Bar Association Section of Antitrust Law: Transportation Antitrust Handbook (ABA 2014), 38 World Comp. L. & Econ. Rev. 464 (2015); Jukin The Stats: The Gaming of Law School Rankings and How to Stop It, 45 Conn. L. Rev. 1235 (2013). CAPRICE ROBERTS is a professor at Savannah Law School. She teaches Contracts, Remedies, Jurisprudence, and Federal Courts. Professor Roberts has held two federal judicial clerkships and represented clients in complex civil litigation cases in Washington, D.C. She co-authored casebooks in Federal Courts and Remedies and won several awards for her teaching and publications. Her article, Is Profiting from the Online Use of Another s Property Unjust? The Use of Brand Names as Paid Search Keywords, 53 IDEA 131 (2013) (with coauthors), was judged one of the best law review articles related to intellectual property law published within the last year. Professor Roberts was cited by two Supreme Court Justices in Kansas v. Nebraska, a fight about interstate river water, for accurately predicting innovation in the law of contract remedies. SPENCER WALLER is a professor at Loyola University Chicago School of Law. He served as a staff law clerk for the U.S. Court of Appeals for the Seventh Circuit. He also worked for the U.S. Department of Justice, first as a trial attorney in the Foreign Commerce Section of the Antitrust Division and later as a special attorney in the Chicago Strike Force of the Criminal Division. Currently, he serves as the Faculty Director of the Institute for Consumer Antitrust Studies. Professor Waller has authored or edited eight books including Antitrust and American Business Abroad (4th ed. 2015) (co-author Andre Fiebig), International Trade and U.S. Antitrust Law Thomson/ West (2d edition 2006) (co-author Jeffrey Kessler), and Thurman Arnold: A Biography (NYU Press, 2005). Professor Waller has also published 15 law review articles since 2008.
PANEL #2: DOES LEGAL SCHOLARSHIP LIVE AND DIE IN A VACUUM? ERIC SEGALL is a professor at Georgia State University College of Law. He clerked for the Chief Judge Charles Moye Jr. for the Northern District of Georgia, and Albert J. Henderson of the 11th Circuit Court of Appeals. He is the author of the book Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges. His articles on constitutional law have appeared in, among others, the Stanford Law Review, the UCLA Law Review, the George Washington Law Review, the Washington University Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern University Law Review Colloquy, and Constitutional Commentary. Professor Segall 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. ORLY LOBEL is a professor at the University of San Diego School of Law. Professor Lobel s work has been featured in the New York Times, Wall Street Journal, the Economist, Businessweek, Harvard Business Review, Forbes, Sunday Times, Globe and Mail, CNBC, Fortune, CNN Money and HuffPost. She has lectured at Yale, Harvard, UCSD, Tel-Aviv University, and is a frequent speaker at top research and business institutes throughout Europe, Asia and North America. In 2016 Lobel was invited to the White House to speak about her research on talent and innovation. Her book Talent Wants to Be Free is a Gold Medalist in the 2014 Axiom Best Business Book Awards and the winner of Best Business Book in the 2014 International Book Awards. Most recently, Professor Lobel published You Don't Own Me: How Mattel v. MGA Entertainment Exposed Barbie's Dark Side (2017). CARISSA HESSICK is a professor at the University of North Carolina School of Law. She clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. Her areas of research and expertise include criminal sentencing, criminal law, and child pornography. Professor Hessick edited Refining Child Pornography Law (C. Hessick, ed. 2016); and Strange Neighbors: The Role Of States In Immigration Policy (2014). She is also the author of over 30 scholarly works including Towards a Theory of Mitigation, 96 B.U. L. Rev. 161 (2016) (with D.A. Berman); Procedural Rights at Sentencing, 90 Notre Dame L. Rev. 187 (2014) (with F.A. Hessick); The Limits of Child Pornography, 89 Ind. L.J. 1437 (2014); and The Non-Redelegation Doctrine, 55 Wm. & Mary L. Rev. 163 (2013) (with F.A. Hessick).
PANEL #3: SCHOLARSHIP EXCEPTIONALISM: THE DANGERS OF MEASURING SUCCESS MARK LEMLEY is a professor of Law at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology. He is the author of seven books and 162 articles on these and related subjects, including the two volume treatise IP and Antitrust. His works have been cited more than 245 times by courts, including 13 times by the United States Supreme Court, and more than 14,000 times in books and law review articles, making him the most cited scholar in IP law and one of the most cited legal scholars of all time. He has taught intellectual property law to federal and state judges at numerous Federal Judicial Center and ABA programs, and has filed 48 amicus briefs before the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts of appeals. Professor Lemley is a founding partner of Durie Tangri LLP. He litigates and counsels clients in all areas of intellectual property, antitrust and internet law. Professor Lemley is also a founder of Lex Machina, Inc., a startup company that provides litigation data and analytics to law firms, companies, courts, and policymakers. NANCY LEONG is a professor at the University of Denver Sturm College of Law. She clerked for Judge Kermit Lipez of the U.S. Court of Appeals for the First Circuit. Professor Leong is the author of over thirty law review articles. Her research areas include constitutional rights and remedies, criminal procedure, antidiscrimination, law and culture, and judicial decision making. Her recent scholarship has appeared in the California Law Review, Georgetown Law Journal, Harvard Law Review, Northwestern University Law Review, Stanford Law Review, Virginia Law Review, Yale Law Journal, and the Journal of Legal Education, among many others. Professor Leong received the University-wide Distinguished Scholar Award for the 2017-2018 academic year, which recognizes "unusually significant and meritorious achievement in professional scholarship, as evidenced by publications and their enhancing effect on classroom teaching." ANTHONY KREIS is a professor at Chicago-Kent College of Law. In 2016, Professor Kreis was recognized as one of the up-and-coming academics in family law by the University of Illinois College of Law's Family Law and Policy Program. Professor Kreis' research focuses on the law's treatment of vulnerable persons, especially with respect to lesbian, gay, bisexual, and transgender individuals. His research lies primarily in the areas of family law, employment discrimination, and religious liberty. Professor Kreis has published articles in several law reviews, including the Hastings Law Journal, Illinois Law Review, University of Pennsylvania Journal of Constitutional Law, William & Mary Bill of Rights Journal, Texas Law Review Online, and Yale Law Journal Online. He has also contributed to many articles in popular media, such as the New York Times, Chicago Tribune, Chicago Sun-Times, Atlanta Journal-Constitution, USA Today, Politico, Slate, SCOTUSBlog, and Election Law Blog.
ABOUT THE CONFERENCE The Loyola University Chicago Law Journal proudly announces The Future of Legal Scholarship to be held on April 6, 2018. This one-day symposium will explore the future of legal scholarship and how it impacts law and society. First, a panel will discuss how determine, absent the usual proxies of placement and author, what constitutes a good academic piece. The second panel will explore the purpose of scholarship. Should law professors be advocates, engaging in amicus briefs? Should engagement with the community (op eds and the press) count as scholarship? And finally, the third panel will discuss the perils and bias of measurement. While productivity is often measured in the economy, is the ability to measure scholarly success limited? CONFERENCE LOCATION The conference will be held in the Philip H. Corboy Law Center, Power Rogers & Smith Ceremonial Courtroom, on the 10th floor of 25 E. Pearson St. on Loyola University Chicago s Water Tower Campus. Lunch will be held in Kasbeer Hall, located on the 15th floor of the Law Center. Validated parking is available in a number of locations adjacent to the School of Law. REGISTRATION INFORMATION Loyola University Chicago School of Law is pleased to present this Conference at no charge for Loyola students and faculty and individuals not seeking CLE credits. For those who wish to obtain credit, registration fees are $50 or $40 for alumni. There is no charge for CLE credit for current faculty, staff or students, and an immediate 50 percent fee reduction is offered for attorneys working in the areas of government or public interest. Seating is limited and registration is appreciated. Open seating will be available on a first-come basis to those who do not register. The Illinois MCLE Board approved this program for 4 hours of General MCLE credit. CONFERENCE COST No Charge for Loyola students and faculty, and individuals who do not wish to obtain CLE credits. For those who wish to obtain credit, registration fees will apply as follows: $50 for attendees seeking CLE credit $40 for Loyola alumni seeking CLE credit 50 percent Fee Reduction for attorneys working the areas of government interest ABOUT THE LAW JOURNAL The Loyola University Chicago Law Journal is the law school s primary scholarly publication that is distributed throughout the nation s law libraries, judges chambers, and other various legal organizations. Published continuously since 1970, the Law Journal is committed both to the examination and analysis of current legal issues and problems and to the development of the law. The Law Journal is edited and managed entirely by students and publishes the work of distinguished writers, including academics, practitioners, and judges. The Law Journal also publishes student-written Notes and Comments. LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW Philip H. Corboy Law Center 25 East Pearson Street Chicago, IL 60611 LUC.edu/law