2010-2011 School of Law Lecture Series

October 2, 2010 "Freedom from Religion" Case Western Reserve University School of Law Cleveland, Ohio Speaker: Amos Guiora Professor, S.J. Quinney College of Law University of Utah Summary: The lecture examines whether First Amendment rights to freedom of speech and freedom of religion should be rearticulated. The issues and ideas presented bear directly on cases involving questions of speech and religion.

October 5, 2010 Oliver C. Schroeder Jr. Scholar-in-Residence Lecture presented by the Law-Medicine Center Case Western Reserve University School of Law Speaker: Thomas H. Murray, PhD President and CEO The Hastings Center Summary: The controversy over elite athletes using anabolic steroids, growth hormone, and other performance enhancing drugs largely overlooks three crucial issues. First is the context of athletic competition, the forces that press athletes to consider using drugs, and the nearly universal desire among athletes for a level playing field. Second is the far larger community of amateur athletes including tens of millions of young people. Third are a set of disputes over the meanings of key concepts in sport: What is a level playing field and is it achievable or even desirable? What constitutes fairness in sport? Why does sport accept, even need, seemingly arbitrary limits on equipment and other rules? And, finally, what makes sport worthwhile, a meaningful human endeavor: In other words, why do we play?

September 16, 2010 "Business Law and Regulation in the Roberts Court" Case Western Reserve University School of Law Center for Business Law and Regulation Symposium Cleveland, Ohio

September 17, 2010 "Business Law and Regulation in the Roberts Court" Case Western Reserve University School of Law Center for Business Law and Regulation Symposium Cleveland, Ohio

October 4, 2010 "Affirmative Action as Government Speech: A First Amendment Analysis of the Colorblindness Doctrine" Arthur W. Fiske Memorial Lecture Case Western Reserve University School of Law Speaker: William Carter Professor, Temple University Beasley School of Law Summary: The colorblindness doctrine is best understood as implicitly holding that non-disadvantaging affirmative action constitutes an expressive harm. This article will expand upon the existing scholarship by arguing that functionally, the Court has come to view race-conscious, non-disadvantaging government action as a form of prohibited government speech. In essence, the Court has decided that when the government takes such action, it is sending an unconstitutional message that race still matters in our society. Under the government speech doctrine, however, the government is free to express its own message provided it does not restrict or compel private speech. The fact that members of the Court disagree with this message does not make it unconstitutional.

October 8, 2010 "The Changing World of Securities Regulation" Panel 2 - New Initiatives George Leet Business Law Symposium Center for Business Law & Regulation Case Western Reserve University School of Law Moderator: Frances Floriano Goins, Partner, Ulmer & Berne "Implementing Dodd-Frank through Sensible Lawyering" David M. Becker, General Counsel, U.S. Securities and Exchange Commission "How the Dodd-Frank Bill Affects the Securities Business" Annette L. Nazareth, Partner, Davis Polk & Wardwell LLP "Defenses to Shareholder Proxy Access" Professor J.W. Verret, George Mason University Summary: The George A. Leet Business Law Symposium Endowment was established in 1999 to provide a national forum on business law at Case Western Reserve University School of Law. The symposium, which is held in alternate years, generates knowledge for our students as well as scholars, lawyers, and business people across the country. George Leet was a dedicated and generous supporter of the University for many years. A graduate of Adelbert College (1940) and Case Western Reserve University School of Law (1946), he spent almost his entire career with the National Labor Relations Board, first as attorney-advisor to a board member, then as assistant executive secretary (1953), associate executive secretary (1961), and senior associate executive secretary (1972). He retired in 1980. In 1998, Mr. Leet received the University's Newton D. Baker Distinguished Alumni Award for exceptionally meritorious service to Case Western Reserve University. He was a founding member and a past president of the Washington, D.C. alumni chapter, was inducted into the law school's Society of Benchers in 1989, and served as a longtime member of the Law Alumni Association Board.

October 8, 2010 "The Changing World of Securities Regulation" Panel 3 - "Secondary Players and Gate Keepers" George Leet Business Law Symposium Center for Business Law & Regulation Case Western Reserve University School of Law Moderator: John M. Saganich, Partner, Vorys Sater Seymour and Pease "Credit Rating Agencies" Professor Roberta Romano, Yale University "The Broker as Fiduciary" Donald C. Langevoort, Thomas Aquinas Reynolds Professor of Law; Co-Director, Joint Degree in Law and Business Administration, Georgetown University Law Center "The Responsibilities of Auditors and Audit Committees" Professor Mark Taylor, Weatherhead School of Management Case Western Reserve University Summary: The George A. Leet Business Law Symposium Endowment was established in 1999 to provide a national forum on business law at Case Western Reserve University School of Law. The symposium, which is held in alternate years, generates knowledge for our students as well as scholars, lawyers, and business people across the country. George Leet was a dedicated and generous supporter of the University for many years. A graduate of Adelbert College (1940) and Case Western Reserve University School of Law (1946), he spent almost his entire career with the National Labor Relations Board, first as attorney-advisor to a board member, then as assistant executive secretary (1953), associate executive secretary (1961), and senior associate executive secretary (1972). He retired in 1980. In 1998, Mr. Leet received the University's Newton D. Baker Distinguished Alumni Award for exceptionally meritorious service to Case Western Reserve University. He was a founding member and a past president of the Washington, D.C. alumni chapter, was inducted into the law school's Society of Benchers in 1989, and served as a longtime member of the Law Alumni Association Board.

October 8, 2010 "The Changing World of Securities Regulation" George Leet Business Law Symposium Center for Business Law & Regulation Case Western Reserve University School of Law Speakers: Dean Robert Rawson, Case Western Reserve University School of Law, Professor George W. Dent, Jr., Case Western Reserve University School of Law Summary: The George A. Leet Business Law Symposium Endowment was established in 1999 to provide a national forum on business law at Case Western Reserve University School of Law. The symposium, which is held in alternate years, generates knowledge for our students as well as scholars, lawyers, and business people across the country. George Leet was a dedicated and generous supporter of the University for many years. A graduate of Adelbert College (1940) and Case Western Reserve University School of Law (1946), he spent almost his entire career with the National Labor Relations Board, first as attorney-advisor to a board member, then as assistant executive secretary (1953), associate executive secretary (1961), and senior associate executive secretary (1972). He retired in 1980. In 1998, Mr. Leet received the University's Newton D. Baker Distinguished Alumni Award for exceptionally meritorious service to Case Western Reserve University. He was a founding member and a past president of the Washington, D.C. alumni chapter, was inducted into the law school's Society of Benchers in 1989, and served as a longtime member of the Law Alumni Association Board.

September 17, 2010 "Business Law and Regulation in the Roberts Court" Case Western Reserve University School of Law Center for Business Law and Regulation Symposium Cleveland, Ohio

September 16, 2010 "Business Law and Regulation in the Roberts Court" Case Western Reserve University School of Law Center for Business Law and Regulation Symposium Cleveland, Ohio

September 10, 2010 War Crimes Research Symposium Frederick K. Cox International Law Center Case Western Reserve University School of Law Moderator: Prof. Michael Kelly Speakers: Hon. James Ogoola, Principal Judge, Ugandan High Court Robert Petit, former International Prosecutor, Cambodia Tribunal, Counsel, War Crimes Section, Federal Department of Justice, Canada Prof. David Crane, founding Prosecutor, Special Court for Sierra Leone, Syracuse University College of Law Prof. Jens Meierhenrich, London School of Economics & Political Science, author, Lawfare: The Formation and Deformation of Gacaca Jurisdictions in Rwanda Amb. David Scheffer, Northwestern University School of Law, former U.S. Ambassador at Large for War Crimes Issues Summary: Traditionally "Lawfare" was defined as "a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective." But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel's tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the "Lawfare" concept.

September 10, 2010 War Crimes Research Symposium Frederick K. Cox International Law Center Case Western Reserve University School of Law Moderator: Prof. Jonathan Adler, Case Western Reserve University School of Law Speakers: Prof. Melissa Waters, Washington University School of Law (St. Louis) Sandy Hodgkinson, former Deputy Assistant Secretary of Defense for Detainee Affairs, U.S. Dept. of Defense Prof. David Frakt, former Lead Defense Counsel, Military Commissions, Guantanamo Bay, Barry University School of Law Michael Lebowitz, Prosecutor, Office of Military Commissions, Guantanamo Bay Closing Remarks: Prof. Shannon French, Ph.D., director, Inamori International Center for Excellence & Ethics Case Western Reserve University Summary: Traditionally "Lawfare" was defined as "a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective." But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel's tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the "Lawfare" concept.

September 10, 2010 War Crimes Research Symposium Frederick K. Cox International Law Center Case Western Reserve University School of Law Moderator: Prof. Milena Sterio, Cleveland-Marshall College of Law, Cleveland State University Speakers: Prof. William Schabas, Irish Centre for Human Rights, National University of Ireland, Galway Prof. William J. Aceves, associate dean, California Western School of Law Prof. Laurie Blank, Director, International Humanitarian Law Clinic, Emory University School of Law Prof. Michael Newton, Vanderbilt University Law School Summary: Traditionally "Lawfare" was defined as "a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective." But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel's tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the "Lawfare" concept.

September 10, 2010 War Crimes Research Symposium Frederick K. Cox International Law Center Case Western Reserve University School of Law Moderator: Daniel Moulthrop, Executive Director, "The Civic Commons," former producer/host, WCPN 90.3 FM ideastream (NPR Cleveland) Speakers: Pro: Major General Charles Dunlap, Jr., Deputy Judge Advocate General, U.S. Air Force Prof. Paul Williams, American University, Exec. Dir., Public International Law and Policy Group Con: Scott Horton, Contributing Editor, Harpers Magazine, Lecturer, Columbia Law School Prof. Leila Nadya Sadat, Washington University School of Law (St. Louis) Summary: Traditionally "Lawfare" was defined as "a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective." But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel's tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the "Lawfare" concept.

September 10, 2010 War Crimes Research Symposium Frederick K. Cox International Law Center Case Western Reserve University School of Law Moderator: Prof. Tawia Ansah, Visiting Professor, Case Western Reserve University School of Law Speakers: Prof. Wouter Werner, VU University, Amsterdam Prof. Susan Tiefenbrun, Thomas Jefferson School of Law Summary: Traditionally "Lawfare" was defined as "a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective." But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel's tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the "Lawfare" concept.

September 10, 2010 War Crimes Research Symposium Frederick K. Cox International Law Center Case Western Reserve University School of Law Speakers: Dean Robert Rawson, Case Western Reserve University School of Law Prof. Michael Scharf, director, Cox Center, Case Western Reserve University School of Law Prof. Michael Kelly, president, AIDP, Creighton University School of Law Summary: Traditionally "Lawfare" was defined as "a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective." But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel's tactics challenging the detention of al Qaeda suspects in Guantanamo Bay, and as indicated in the quote above to the controversial Goldstone Commission Report. This symposium and Experts Meeting, featuring two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, will examine the usefulness and appropriate application of the "Lawfare" concept.