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23 episodes with Minnesota Law Review
6 episodes with Minnesota Law Review
2 episodes with Minnesota Law Review
2 episodes with Minnesota Law Review
OA1114 - “We are now faced, my friends, with the fact that tomorrow is today.” --Dr. Martin Luther King, Jr. (April 4, 1967) We begin the second Trump administration exactly where we intend to remain for the next four years: in dissent. Today's Inauguration Day counter-programming features two of the most powerful dissenters in modern American history: Supreme Court Associate Justice Sonia Sotomayor and Dr. Martin Luther King, Jr. We begin with commentary on Justice Sonia Sotomayor's defiantly inspiring July 1, 2024 dissent as read from the bench in the Supreme Court's immunity decision, and conclude with Dr. Martin Luther King, Jr.'s powerful call for a “revolution of values” to end “power without compassion, might without morality, and strength without sight.” Audio of Supreme Court decision announcements for July 1, 2024 (Sotomayor dissent begins as 42:00) Full text of Trump v. US (7/1/2024)(including Roberts majority, Coney Barrett concurrence, and Sotomayor and Jackson dissents) “Hear Me Roar: What Provokes Supreme Court Justices to Dissent from the Bench?” Timothy R. Johnson et al, Minnesota Law Review (2010) Martin Luther King, Jr. “Beyond Vietnam: A Time To Break Silence” (April 4, 1967) Check out the OA Linktree for all the places to go and things to do! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
To some people, the new year is an opportunity to start a new chapter or hang a new calendar. To others, it's just another day when rent is due. For many Somali Americans, New Year's Day is also their birthday. Somali refugees and other immigrant communities did not always have records of their birth date when they moved to the U.S. Some lost records while fleeing war in their home country and others never had a reason to track their age to the exact day. When filling out paperwork to resettle in the U.S., many immigrants chose or were assigned Jan. 1 as their birthday.According to a 2013 Minnesota Law Review report, more than 200,000 immigrants and refugees in the U.S. have Jan. 1 as their date of birth.Mahamed Cali, executive director of the Somali community radio station KALY 101.7, joined MPR News host Nina Moini to talk about what the day means to immigrants in Minnesota.
In this episode of Where Public Finance Works, we sit down with Dan Wiles, Assistant Treasurer for Los Angeles County and newly appointed MSRB Board Member, as he reflects on his nearly 40-year career in public finance and prepares for retirement. Join host Tyler Traudt and guest co-host Nina Enholm as they explore Dan's remarkable journey—from growing up in a small town in Minnesota to becoming a leader in municipal finance for one of the largest counties in the U.S. Dan shares his path from law school to public finance, recounting career-defining moments, including his pivotal role in the landmark 2013 financing of the Riverside County SR-91 Corridor Improvement Project. Dan takes us through the intricacies of structuring multi-layered deals involving sales tax, toll revenue bonds, and federal TIFIA loans while navigating challenges like volatile markets and rigorous rating requirements. In this episode, you'll gain insight into the teamwork, innovation, and strategic decision-making that shaped the success of this $1.4 billion transportation project, which continues to benefit Southern California commuters today. As Dan prepares to leave LA County, he reflects on his legacy and new role on the MSRB, offering valuable lessons in leadership, collaboration, and the lasting impact of public finance. Featured Guest Daniel Wiles is the Assistant Treasurer and Tax Collector for Los Angeles County, overseeing the Finance Branch of the Treasurer and Tax Collector's Office (TTC). His responsibilities encompass Public Finance, Cash Investments, and Defined Contribution Plan Investments, where he brings nearly 40 years of extensive experience in public finance and investment management. Since his appointment to this role in 2019, Dan has played a pivotal part in managing the financial strategies and operations for one of the largest counties in the United States. Before joining the TTC, Dan served as Principal and Chief Compliance Officer at Fieldman, Rolapp & Associates, Inc., a leading municipal advisory firm, where he spent 17 years providing strategic guidance and compliance oversight. His career also includes roles as a financial and investment advisor, as well as bond and underwriters counsel, giving him a well-rounded expertise in public finance. Dan earned his Bachelor of Science in Economics, magna cum laude, and Juris Doctor, magna cum laude, from the University of Minnesota, where he also served as an editor for the Minnesota Law Review. He holds MSRB licenses as a Municipal Advisor Representative (Series 50), Municipal Advisor Principal (Series 54), and Registered Investment Advisor (Series 65). Episode Resources How to Negotiate Your Earnings Credit Rate Common Cash Flow Issues for Government and Nonprofit Finance Teams Solving the Challenges of Decentralized Data in Treasury and Accounting
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/east-asian-studies
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/chinese-studies
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy.
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/economics
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/science-technology-and-society
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices
How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China's e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China's regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China's Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master's of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen's other NBN interviews relating to China's tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba's business model and organizational culture, Surveillance State, on China's digital surveillance, Prototype Nation, on the culture and politics of China's innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/technology
Professor Greer Donley is a national expert on abortion and the law. Donley has published widely and been quoted extensively in the media, especially on topics related to medication abortion, interjurisdictional abortion conflicts, and the impact of abortion bans on other aspects of reproductive healthcare. Donley's scholarly works have been published in the Stanford Law Review, Columbia Law Review, Cornell Law Review, Vanderbilt Law Review, and Minnesota Law Review. Her popular writing often appears in the New York Times, the Atlantic, the Washington Post, and Slate. Her paper, The New Abortion Battleground, co-authored with David S. Cohen and Rachel Rebouché, was downloaded over 20,000 times, covered widely in the media, and cited by the Supreme Court's dissent in Dobbs v. Jackson Women's Health Organization. Since the fall of Roe v. Wade, Professor Donley has regularly applied her expertise to advocacy work. Professor Donley helped design, draft, and pass the first abortion shield law in Connecticut, which has now been replicated in many states and cities. She also helped draft an FDA Law Scholars amicus brief in the Alliance for Hippocratic Medicine v. FDA case and was one of two primary drafters of a citizen petition to the FDA to add miscarriage management to the mifepristone label. Donley's scholarship, advocacy, and teaching have been recognized through a variety of awards, including a Chancellor's Distinguished Research Award (junior category), Marion Young Award for Political Engagement, Robert T. Harper Excellence in Teaching Award, Haub Law Emerging Scholar Award in Women, Gender & Law, and SLU & ASLME Health Law Scholar Award. In 2022, she was the 11th most downloaded law professor on SSRN.
The Student Note Writing Process: Exploring One of the Biggest Parts of Law Review that You Didn't Know Existed (Part I) In part one of this two part series, Lucy Chin (Lead Online Editor, Volume 108) talks with three Minnesota Law Review Editors whose Student Notes were published in this year's volume of Minnesota Law Review. Discussing both the substantive areas of law that each student wrote about and the process that makes up the note writing process, these episodes provides insight and perspectives on one of the biggest parts of the Law Review experience, which you may not have even known existed! The Minnesota Law Review Editor's featured and their articles: Earl Lin - Sidestepping the Escherian Stairwell: Explicit Establishment as a Method for Circumventing Qualified Immunity's Constitutional Stagnation z.umn.edu/MLRLin Ryan Liston - The Press Clause Needs Teeth: The Case for Strengthening Constitutional Press Protections at Protests z.umn.edu/MLRListon Evan Dale - Help Me Sue a Gun Manufacturer: A State Legislator's Guide to the Protection of Lawful Commerce in Arms Act and the Predicate Exception z.umn.edu/MLRDale Read the latest issue and archives of the Minnesota Law Review -> https://minnesotalawreview.org/ Follow the Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting https://law.umn.edu
The Student Note Writing Process: Exploring One of the Biggest Parts of Law Review that You Didn't Know Existed (Part II) In the second part of this series, Lucy Chin (Lead Online Editor, Volume 108) talks with three Minnesota Law Review Editors whose Student Notes were published in this year's volume of Minnesota Law Review. Discussing both the substantive areas of law that each student wrote about and the process that makes up the note writing process, these episodes provides insight and perspectives on one of the biggest parts of the Law Review experience, which you may not have even known existed! The Minnesota Law Review Editor's featured and their articles: Lindsay Maher - Americon Dream: Social Pressures and Lackluster Regulation Allow Multi-Level Marketing Companies to Function as De Facto Pyramid Schemes z.umn.edu/MLRMaher Randa Larsen - Banishing Federal Overstep: Why Protecting Tribal Sovereignty Justifies a Narrow Reading of the Indian Civil Rights Act z.umn.edu/MLRLarsen Tyler Blackmon - The Good, the Bad, and the Unconstitutional: State Attempts to Solve the Defendant Class Action Problem z.umn.edu/MLRBlackmon Read the latest issue and archives of the Minnesota Law Review -> https://minnesotalawreview.org/ Follow the Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting https://law.umn.edu
In this episode, Neoshia Roemer, Associate Professor of Law at Seton Hall University School of Law, discusses her article "Equity for American Indian Families," which will be published in the Minnesota Law Review. Roemer explains what the Indian Child Welfare Act does, why it was created, and how some people are using equal protection arguments in order to challenge its constitutionality. She explains why ICWA is so important for both children and tribes, and why the criticisms of it are so misguided. Roemer is on Twitter at @ProfNRoemer.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.
This episode was recorded before the Dec. 1, 2023, deadline for Congress to act before the amendments would go into effect. Congress did not act to modify or prevent the rules from going into effect, so they have all since entered the Federal Rules of Evidence.Some listeners may find it helpful to review the original rules along with changes. This blog by Melinda Burton, attorney at the firm Faruki PLLC, highlights the revisions that went into effect.In 2020, Professor Capra published the article "Evidentiary Irony and the Incomplete Rule of Completeness: A Proposal to Amend Federal Rule of Evidence 106" co-authored with Professor Liesa L. Richter in the Minnesota Law Review. In 2021, Professor Capra and Professor Richter published the article "The" Rule: Modernizing the Potent, But Overlooked, Rule of Witness Sequestration in the William & Mary Law Review. ABOUT THE HOSTJudge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here to read his full bio.
Bryan Strawser from the Minnesota Gun Owners Caucus joins Cam with a firsthand report on a slanted symposium hosted by the University of Minnesota Law Review and sponsored by the gun control group Giffords, where anti-gun academics and activists were on hand to bemoan the Bruen decision and chart a way forward for their anti-rights campaigns.
The guest for this episode is Jackie Cuellar, Note and Comment Editor of the Minnesota Law Review Volume 107. Jackie joins today's podcast to discuss her Note titled "Gruel and Unusual Punishment: Prison Punishment Diets and the Eighth Amendment." Her Note applies Eighth Amendment jurisprudence to current prison punishment diets, specially the so-called "Nutraloaf diet." Jackie's background in health and nutritional studies helps inform her analysis of such diets and their negative impacts on prisoners writ large. The full article is available on the Minnesota Law Review website: https://minnesotalawreview.org/wp-content/uploads/2022/11/8-Cuellar_MLR.pdf Follow the Minnesota Law Review on Twitter: twitter.com/MinnesotaLawRev
The guest for this episode is Helen Winters, Note and Comment Editor of Minnesota Law Review Volume 107. Helen Winters joins the podcast to discuss her recently published note with the Minnesota Law Review titled “An (Un)reasonable Expectation of Privacy?: Analysis of the Fourth Amendment When Applied to Keyword Search Warrants” which seeks to demonstrate a gap in third-party doctrine and the narrow defenses of Carpenter in relation to reverse keyword searches. The full article is available on the Minnesota Law Review Website: https://minnesotalawreview.org/wp-content/uploads/2023/01/07-Winters_MLR.pdf Follow the Minnesota Law Review on Twitter: twitter.com/MinnesotaLawRev
The guest for this episode is Professor Tabatha Abu El-Haj, a Professor of Law at Drexel University Thomas R. Kline School of Law. Professor Abu El-Haj is an expert in the First Amendment and the right to peaceable assembly. Professor Abu El-Haj joins the podcast to discuss her recently published article with the Minnesota Law Review titled “How the Liberal First Amendment Under-Protects Democracy” which challenges the existing construction of the First Amendment and instead emphasizes its role as an underwriter of a republican form of government. The full article is available on the Minnesota Law Review Website: https://minnesotalawreview.org/wp-content/uploads/2022/12/1-Abu-El-Haj_MLR.pdf Follow Professor Tabatha Abu El-Haj on Twitter: twitter.com/tabathabuelhaj Follow the Minnesota Law Review on Twitter: twitter.com/MinnesotaLawRev
By Olivia McIlwain. On this episode of the Murmuring Tigers Podcast, Olivia McIlwain addresses the overall question of, “Why Should You Read American Literature Today?” with a focus on the importance of societal changes seen throughout American literature. Olivia will zoom in on the specific changes seen in racism, gender roles, technology, and education through a use of different academic articles and literary works. Works Cited Austin, S. (n.d.). The importance of literature in modern society. findcourses.co.uk. Retrieved March 15, 2023, from https://www.findcourses.co.uk/inspiration/hobby-fun-leisure-articles/the-importance-of-literature-in-modern-society 17411#:~:text=Literature%20allows%20a%20person%20to,manuscripts%20and%20through%20speech%20itself. Dewulf, J. (2021). 1619: The Dramatic Performance Traditions of North America's First Enslaved Africans. Comparative Drama, 55(4), 1–27. https://doi.org/10.1353/cdr.2021.0032 The Industrial Revolution. Education. (n.d.). Retrieved March 15, 2023, from https://education.nationalgeographic.org/resource/resource-library-industrial-revolution/ National Archives and Records Administration. (n.d.). The emancipation proclamation. National Archives and Records Administration. Retrieved March 15, 2023, from https://www.archives.gov/exhibits/featured-documents/emancipation-proclamation Thomas, T. (2021). Reclaiming the Long History of the “Irrelevant” Nineteenth Amendment for Gender Equality. Minnesota Law Review, 105(6), 2623–2657. Uncle tom's cabin - project gutenberg. (n.d.). Retrieved March 16, 2023, from https://www.gutenberg.Who invented the automobile? The Library of Congress. (n.d.). Retrieved March 15, 2023, from https://www.loc.gov/everyday-mysteries/motor-vehicles-aeronautics-astronautics/item/who-invented-the-automobile/ Winston-Salem/forsyth county schools/ front page. (n.d.). Retrieved March 16, 2023, from https://www.wsfcs.k12.nc.us/cms/lib/NC01001395/Centricity/Domain/7935/Gatsby_PDF_FullText.pdf Women and children in Colonial America. Education. (n.d.). Retrieved March 15, 2023, from https://education.nationalgeographic.org/resource/women-and-children-colonial-america/ Women's rights. American Civil Liberties Union. (n.d.). Retrieved March 15, 2023, from https://www.aclu.org/issues/womens-rights org/files/203/203-h/203-h.htm
This week on Breaking Battlegrounds, we are honored to be joined by friend of the show, Congressman David Schweikert of Arizona's First Congressional District. Later in the show, we check in with Ilan Wurman, who is working on a critical lawsuit over “The Zone,” a homeless encampment in downtown Phoenix. -David Schweikert is serving his fifth term in the United States Congress. He holds a seat on the Ways and Means Committee, and serves as the Ranking Member of the Ways and Means Subcommittee on Social Security. Prior to his service on the Ways and Means Committee, David served on the House Committee on Financial Services.David also sits on the bicameral Joint Economic Committee, Co-Chairs the Valley Fever Task force with House Minority Leader Kevin McCarthy, and is the Republican Co-Chair of both the Blockchain Caucus, the Tunisia Caucus and the Caucus on Access to Capital and Credit.Among his legislative accomplishments, David was instrumental in authoring and passing the JOBS ACT into law. The bill was signed by the President in April 2012. Having previously served as Chairman of the EPA Oversight Subcommittee on the Science, Space, and Technology Committee; David championed key reforms such as the Secret Science Reform Act, which has passed the House of Representatives.A national leader on tribal policy, David draws on a unique background working with Arizona's tribal communities on important priorities. He is always eager to take on a technical challenge.As a strong advocate for efficiencies in the 21st Century economy, David collaborates with entrepreneurs and innovators in Arizona and around the world on ways to increase trade and drive economic growth. David is the co-chair of the Blockchain Caucus, and has championed technological innovations as the solution to the problems of over-burdensome government regulations.-Ilan Wurman is an associate professor at the Sandra Day O'Connor College of Law at Arizona State University, where he teaches administrative law and constitutional law. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared or is forthcoming in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, and the Texas Law Review among other journals. He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020).-Connect with us:www.breakingbattlegrounds.voteTwitter: www.twitter.com/Breaking_BattleFacebook: www.facebook.com/breakingbattlegroundsInstagram: www.instagram.com/breakingbattlegroundsLinkedIn: www.linkedin.com/company/breakingbattlegrounds This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit breakingbattlegrounds.substack.com
In this episode, we continue our discussion with Nathan B. Oman, the W. Taylor Reveley III Research Professor and Co-Director of the Center for the Study of Law and Markets at William & Mary School of Law. Nate specializes in Contract Law, the Economic Analysis of Law, Jurisprudence, Law and Religion, and Legal History. Today, we're discussing his 2009 article, Specific Performance and the Thirteenth Amendment, published in the Minnesota Law Review. As I mentioned in episode 1, the article first came to my attention this summer, when the internet erupted with suggestions that the specific performance clause in the Elon Musk (more precisely, X Holdings) merger agreement with Twitter wasn't enforceable because of the 13th Amendment. As you heard in our last episode, Nate strongly disagrees with that take. I've split my discussion with Nate into two parts. In Episode 1, largely driven by questions from UVA Law 3Ls Bridget Boyd and Jenn Scoler, we discussed the Musk-Twitter litigation and the various provisions of the merger agreement, including the specific performance provision and the termination fee. In this episode, we delve more deeply into Nate's analysis of the scope of the 13th amendment's prohibition against indentured servitude and its relation to the specific performance of personal service contracts. As always, we spend some time on examples from the world of sports . . . because hey, we're in Virginia. Links:Nathan B. Oman faculty bio https://law2.wm.edu/faculty/bios/fulltime/nboman.php Nathan B. Oman, Specific Performance and the Thirteenth Amendment, 93 MINN. L. REV. 2020 (2009). https://www.minnesotalawreview.org/wp-content/uploads/2012/01/Oman_MLR.pdfAmendment and Plan of Merger by and among X Holdings I, Inc., X Holdings II, Inc. and Twitter, Inc. dated as of April 25, 2022 https://kimberlydkrawiec.org/wp-content/uploads/2022/09/Musk-Twitter-Agreement.pdf
In this episode, UVA Law 3Ls Bridget Boyd and Jenn Scoler join me to interview Nathan B. Oman, the W. Taylor Reveley III Research Professor and Co-Director of the Center for the Study of Law and Markets at William & Mary School of Law. Nate specializes in Contract Law, the Economic Analysis of Law, Jurisprudence, Law and Religion, and Legal History. Today, we're discussing his 2009 article, Specific Performance and the Thirteenth Amendment, published in the Minnesota Law Review. The article first came to my attention this summer, when the internet erupted with suggestions that the specific performance clause in the Elon Musk (more precisely, X Holdings) merger agreement with Twitter wasn't enforceable because of the 13thAmendment. As you'll hear in this episode, Nate is having none of that. I've split my discussion with Nate into two parts. In this Part, largely driven by questions from Bridget and Jenn, we discuss the Musk-Twitter litigation and the various provisions of the merger agreement, including the specific performance provision and the termination fee. If you're covering that litigation in class this year, in my completely and wholly unbiased view , the episode makes a really nice introduction for students to some of the issues. Links:Nathan B. Oman faculty bio https://law2.wm.edu/faculty/bios/fulltime/nboman.phpNathan B. Oman, Specific Performance and the Thirteenth Amendment, 93 MINN. L. REV. 2020 (2009). https://www.minnesotalawreview.org/wp-content/uploads/2012/01/Oman_MLR.pdfAmendment and Plan of Merger by and among X Holdings I, Inc., X Holdings II, Inc. and Twitter, Inc. dated as of April 25, 2022 https://kimberlydkrawiec.org/wp-content/uploads/2022/09/Musk-Twitter-Agreement.pdf
In which the Historians discuss family law, poverty law, and divorce law and how they come up on the Real Housewives, “high-wealth families” legal regulations around high-wealth exceptionalism, the Girardi divorce, the differences between trusts and estates and much, much more!Further ReadingsAllison Tate, Home of the Dispossessed, Michigan Journal of Gender & Law (2022). Allison Tate, Inheriting Privilege, 116 Minnesota Law Review (2022). Allison Tate, Custom of The Country: Trusts and Marriage Planning in High-Wealth Families, 34 American Academy of Matrimonial Lawyers Journal 219 (2021).Jessica Marie Johnson, Wicked FleshRachel Sherman, "'A Very Expensive Ordinary Life': Consumption, Symbolic Boundaries, and Moral Legitimacy among New York Elites." Socio-Economic Review 16(2): 411-433 (2018)SourcesLisa Vanderpump in ABC's "Poison Arrow"Clip from Real Housewives of New York, Season 10 Episode 12: "Every Mayflower Has Its Thorn"Social MediaTwitter: @HistoriansHEtsy Shop: HistoriansHousewives See acast.com/privacy for privacy and opt-out information.
The guests for this episode are David Gindler, Partner, and Jasper Tran, Associate and Minnesota Law School class of ‘15, at Milbank LLP in Los Angeles, California. Messrs. Gindler and Tran join the pod for the Volume 106 special episode to discuss the convergence of COVID-19, vaccinations, IP Law, and their practices at Milbank. Get a transcript of this episode here https://z.umn.edu/ECep4-6Transcript Check out the Minnesota Law Review for more content www.minnesotalawreview.org Follow Mr. Gindler https://www.linkedin.com/in/david-gindler/ Follow Mr. Tran https://www.linkedin.com/in/jaspertran/ Follow the Minnesota Law Review on Twitter twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool
The guest for this episode is Eura Chang, Volume 106 Note and Comment Editor for the Minnesota Law Review. Eura joins the pod to chat about her Note, “Barring Entry to the Legal Profession: How the Law Condones Willful Blindness to the Bar Exam's Racially Disparate Impacts,” which discusses the bar exam's exclusionary history and the legal profession's willful blindness to the harms wrought by the bar exam on BIPOC law graduates. The full article can be found in Volume 106 of the Minnesota Law Review www.minnesotalawreview.org Follow Eura https://www.linkedin.com/in/eurachang/ Follow the Minnesota Law Review on Twitter twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool
The guest for this episode is Daniel Suitor, Volume 106 Symposium Articles Editor for the Minnesota Law Review. Dan joins the pod to chat about his Note, “You Don't Have a Home to Go to but You Can Stay Here: A Bill of Rights for Unhoused Minnesotans,” which discusses the legal difficulties faced by unhoused people and proposes a novel—more progressive and potent—Unhoused Bill of Rights. The full article can be found in Volume 106 of the Minnesota Law Review www.minnesotalawreview.org Follow Dan https://twitter.com/DanSuitor Follow the Minnesota Law Review on Twitter twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool
The guests for this episode are Professors Douglas NeJaime and Anne Dailey, respectively, Professor of Law at Yale University in New Haven, Connecticut and Professor of Law at the University of Connecticut School of Law in Hartford, Connecticut. Professors NeJaime and Dailey join the pod to chat about their Article, co-authored with Professor Anne Alstott, “Psychological Parenthood,” which discusses the psychological parent principle and reframing family law with psychological parenthood as it overarching guideline. The full article can be found in Volume 106 of the Minnesota Law Review www.minnesotalawreview.org Follow Professor NeJaime papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=895187 Follow Professor Dailey papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=30861 Follow the Minnesota Law Review on Twitter twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool
The guests for this episode are Professors Michael Herz and Kate Shaw, Professors of Law at Cardozo School of Law in New York, New York. Professors Herz and Shaw join the pod to chat about their Article, “Transition Administration,” which discusses the complexities of presidential transitions and suggests possible reforms to presidential transitions following the difficulties of the 2020 presidential transition. The full article can be found in Volume 106 of the Minnesota Law Review www.minnesotalawreview.org Follow Professor Herz https://twitter.com/michaeleherz Follow Professor Shaw https://twitter.com/kateashaw1 Follow the Minnesota Law Review on Twitter twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool
The guest for this episode is Professor Bennett Capers, Professor of Law at Fordham University School of Law in New York, New York. Professor Capers joins the pod to chat about his Article, “The Law School as a White Space,” which discusses the needed metamorphosis from law schools as White spaces (in terms of demographics) to law schools as white-spaces (in terms of being a blank page). The full article can be found in Volume 106 of the Minnesota Law Review www.minnesotalawreview.org Follow Professor Capers https://twitter.com/BennettCapers Follow the Minnesota Law Review on Twitter twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool
Khaled A. Beydoun, a native of Detroit, is a leading scholar on national security, the War on Terror, and civil rights. He is the author of the critically acclaimed American Islamophobia: Understanding the Roots and Rise of Fear , and co-editor of Islamophobia and the Law. His next book, The New Crusades: Islamophobia, the World and the Wars Between will be published in 2021. Beydoun's research investigates modern modes of policing and their impact on Arab and Muslim communities. A Critical Race theorist, he is specifically interested in the War on Terror's impact on the First Amendment liberties of these and other disproportionately affected groups in the United States. His work has been published in top law journals, including the University of California Law Review, the Northwestern Law Review, the UCLA Law Review, the Minnesota Law Review, the Harvard Civil Liberties-Civil Rights Law Review and more. In addition to his scholarly work, Beydoun is regarded as a leading public intellectual on Islamophobia, in the United States and abroad, and matters germane to policing and profiling of Muslim populations. His insights have been published in the New York Times, the Washington Post, Time, Newsweek, The Guardian, the BBC and more. In addition to his public commentary, Beydoun is an established advocate, earning the coveted Racial Equality Fellowship from the Open Society Foundation and serving on the Michigan Advisory Committee of the United States Commission for Civil Rights. Before joining the faculty at Wayne Law, Beydoun taught at the University of Arkansas-Fayetteville School of law. He also served as a Scholar-in-Residence at the University of California-Berkeley School of Law, and still served as a Senior Affiliated Faculty Member at the University of California-Berkeley Islamophobia Research and Documentation Project (IRDP). He earned his law degree from the UCLA School of Law, an LL.M. from the University of Toronto, and his A.B. from the University of Michigan. He will earn his M.Ed. in Technology, Innovation and Education from Harvard University in May of 2021.
Should the United States classify as much information as it does? Yale Law School professor Oona A. Hathaway explains how the U.S. government overclassifies information, why incentives generate more secrecy, the threat to democracy this system poses, and what to do about it.Oona Hathaway bioOona A. Hathaway and Scott J. Shapiro, Internationalists: How a Radical Plan to Outlaw War Remade the World (New York: Simon & Schuster, 2018). Oona A. Hathaway, “Keeping the Wrong Secrets: How Washington Misses the Real Security Threat,” Foreign Affairs 101, no. 1 (January/February 2022).Oona A. Hathaway, “Secrecy's End,” Minnesota Law Review 106 (2021): pp. 691-800. See acast.com/privacy for privacy and opt-out information.
Dr. Ingo Venzke, Professor of Public International Law at the University of Amsterdam, joins us to talk about semantics in international law, semantic authority, and struggle for meaning. Publications mentioned in the episode: Ingo Venzke, How Interpretation Makes International Law: On Semantic Change and Normative Twists (Oxford: Oxford University Press, 2012). Hans Kelsen, General Theory of Norms (Oxford: Oxford University Press, 1991). Joseph Raz, Morality of Freedom (Oxford: Clarendon Press, 1986). Joseph Raz, ‘The Problem of Authority: Revisiting the Service Conception', Minnesota Law Review 90 (2006): 1003–44. Rudolf von Jhering, The Struggle for Law (Chicago: Callaghan and Company, 1915). Ingo Venzke and Kevin Jon Heller (eds.), Contingency in International Law: On the Possibility of Different Legal Histories (Oxford: Oxford University Press, 2021). Robert Brandom, Making it Explicit: Reasoning, Representing, and Discursive Commitment (Cambridge, MA: Harvard University Press, 1998). Ronald Dworkin, Law's Empire (Cambridge, MA: Harvard University Press, 1986). Mohammed Bedjaoui, Towards a New International Economic Order (New York: Holmes & Meier, 1979).
In this episode, Anya Bernstein, Professor of Law at SUNY Buffalo School of Law, and Glen Staszewski, Professor of Law and A.J. Thomas Faculty Scholar at Michigan State University College of Law, discuss their article "Judicial Populism," which will be published in the Minnesota Law Review. Bernstein and Staszewski begin by explaining what they mean by populism, and why they think it is antidemocratic. They describe how populism affects judging. And they reflect on how we can avoid it. Bernstein is on Twitter at @anyabernstein.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.
The guest for this episode is Professor Khaled Beydoun, an Associate Professor of Law and the Associate Director of Civil Rights and Social Justice Damon J. Keith Center for Civil Rights at Wayne State University Law School. Professor Beydoun’s scholarship focuses on national security, Islamaphobia, modern policing and critical race theory. Professor Beydoun joins the pod to discuss his recently published article with the Minnesota Law Review titled “On Sacred Land” which analyzes how the Religious Land Use and Institutionalized Persons Act counters land use discrimination against Muslims. The full article is available on the Minnesota Law Review’s website -> www.minnesotalawreview.org Follow Professor Beydoun on Twitter -> https://twitter.com/KhaledBeydoun Read the latest issue and archives of the Minnesota Law Review -> www.minnesotalawreview.org Follow the Minnesota Law on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool.
The guest for this episode is Professor Deborah Widiss, the Associate Dean for Research and Faculty Affairs and a Professor of Law at Indiana University Maurer School of Law. Professor Widiss joins the pod to discuss her recently published article with the Minnesota Law Review titled “Equalizing Parental Leave” which discusses the inequalities generated by the current parental leave laws in the United States and suggests ways to fix them. The full article is available on the Minnesota Law Review’s website -> www.minnesotalawreview.org Follow Professor Widiss on Twitter -> https://twitter.com/DeborahWidiss Read the latest issue and archives of the Minnesota Law Review -> www.minnesotalawreview.org Follow the Minnesota Law on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool.
Professor Sunita Patel joins the pod on this special episode of Experto Crede. Professor Patel is an Assistant Professor of Law at UCLA Law School and the Faculty Director of the UCLA Veteran’s Legal Clinic. Professor Patel joins the pod to discuss her article “Jumping Hurdles to Sue the Police” published in Volume 104 of the Minnesota Law Review. This episode is being released in conjunction with a special issue published by all law journals in the Twin Cities on policing and diversity issues in response to the murder of George Floyd and the subsequent events. The full article has been published and is available here -> https://minnesotalawreview.org/article/jumping-hurdles-to-sue-the-police/ Follow Prof. Patel on Twitter -> https://twitter.com/profspatel?lang=en Read the latest issue and archives of the Minnesota Law Review -> minnesotalawreview.org/ Follow the Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool.
Hello, Podwalkers, and welcome back to another episode of the Goblin Lore Podcast! And we are back with our Fourth Episode Using The Color Pie to discuss one of our top 3 Topics (Food). With each episode we find ourselves refining our Color Pie Theory for Food/Cooking and today's episode will continue that "refinement". Now we also realized that language is interesting which means we went down the Rabbit Hole of "What is a Sandwich?" which led us to a hilarious article that we mention from the Minnesota Law Review. We also get to mock Alex for just now discovering how amazing the Binging with Babish You Tube Channel is (trust us, go watch this episode). Again we would like to state that Black Lives Matter (with a link to where you can offer support both monetary and not). We also are proud to have partnered with Grinding Coffee Co a black, LGBT+ affiliated and owned, coffee business that is aimed at providing coffee to gamers. You can read more about their mission here. You can use our partner code for discounted coffee! ____________________________________________ As promised, we plan to keep these Mental Health Links available moving forward too. For general Mental Health the National Alliance on Mental Illness (NAMI) has great resources for people struggling with mental health concerns as well as their families. We also want to draw attention to this article on stigma from NAMI's site. If you’re thinking about suicide or just need someone to talk to right now, you can get support from any of the resources below. National Suicide Prevention Lifeline: 1-800-273-TALK (8255) Veteran's can Press 1 at anytime to be taken to the Veteran's Line Crisis Text Line: Text HOME to 741-741 International suicide hotlines: A comprehensive resource list for people outside the US. IMAlive: Click Chat Now to access a live online network of volunteers through instant messaging. TrevorLifeline, TrevorChat, and TrevorText (LGBTQ+ crisis support): 1-866-488-7386, or text “Trevor” to 1-202-304-1200 Trans Lifeline (US): (877) 565-8860 ____________________________________________ You can find the hosts on Twitter: Hobbes Q. at @HobbesQ, and Alex Newman at @Mel_Chronicler. Send questions, comments, thoughts, hopes, and dreams to @GoblinLorePod on Twitter or GoblinLorePodcast@gmail.com. Opening and closing music by Wintergatan (@wintergatan). Logo art by Steven Raffael (@SteveRaffle). Goblin Lore is proud to be presented by Hipsters of the Coast, and a part of their growing Vorthos content – as well as Magic content of all kinds. Check them out at hipstersofthecoast.com.
The guest for this episode is Professor Shalev Roisman, an Associate Professor of Law at the University of Arizona James E. Rogers College of Law. Professor Roisman joins the pod to discuss his forthcoming article titled “Presidential Law” which is focused on whether the President must satisfy any procedural duty before acting and what that duty looks like. The article will be published in the Minnesota Law Review this Spring. The full article will be published soon at the Minnesota Law Review -> www.minnesotalawreview.org Follow Prof Roisman on Twitter -> https://twitter.com/shalev_roisman?lang=en Read the latest issue and archives of the Minnesota Law Review -> minnesotalawreview.org/ Follow the Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool.
he Centre for Fundamental Rights is honoured to welcome Tendayi Achiume for a talk on racial borders. This presentation will aim to discuss the intersection between racial injustice and migration governance from international law perspective. Tendayi Achiume is Professor of Law at the University of California, Los Angeles School of Law, and a research associate of the African Center for Migration and Society at the University of Witwatersrand in South Africa. She is also the UN Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance and is the first woman to serve in this role since its creation in 1994. The current focus of her scholarship is the global governance of racism and xenophobia and the legal and ethical implications of colonialism for contemporary international migration. In 2016, she co-chaired the Annual Meeting of the American Society of International Law. She is also a recipient of the UCLA Distinguished Teaching Award—the highest university-wide honour for excellence in teaching. Her publications include: Migration as Decolonization, Stanford Law Review; Governing Xenophobia, Vanderbilt Journal of Transnational Law; Syria, Cost-Sharing and the Responsibility to Protect Refugees, Minnesota Law Review; and Beyond Prejudice: Structural Xenophobic Discrimination Against Refugees, Georgetown Journal of International Law. Achiume's presentation will discuss some of the findings of her recent report to the UN General Assembly on racial and xenophobic discrimination, emerging digital technologies in border and immigration enforcement. This report focuses on border and immigration enforcement and addresses the discriminatory impact of emerging digital technologies on migrants, stateless persons, refugees and other non-citizens. The discussion will be moderated by Cathryn Costello, Professor of Fundamental Rights and Co-Director of the Centre for Fundamental Rights at the Hertie School. This event is a part of the Fundamental Rights in Practice event series hosted by the Centre for Fundamental Rights.
The guest for this episode is Professor Naomi Schoenbaum, an Associate Professor of Law at the George Washington University Law School in Washington, D.C. Professor Schoenbaum joins the pod to discuss her forthcoming article, "The New Law of Gender Nonconformity," which discusses the history and future of transgender discrimination in the law. The full article will be published soon at the Minnesota Law Review -> www.minnesotalawreview.org Follow Professor Schoenbaum --> twitter.com/nschoenbaum Read the latest issue and archives of the Minnesota Law Review -> https://minnesotalawreview.org/ Follow the Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool.
The guest for this episode is Professor Jay Wexler, a Professor of Law at Boston University School of Law. Professor Wexler joins the pod to discuss his forthcoming article, "Fun with Reverse Ejusdem Generis," which is focused on a canon of statutory interpretation largely unrecognized in the law. The full article will be published soon at the Minnesota Law Review -> www.minnesotalawreview.org Follow Professor Wexler --> twitter.com/SCOTUSHUMOR Read the latest issue and archives of the Minnesota Law Review -> https://minnesotalawreview.org/ Follow the Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMNLawSchool.
Sara Greene is a Professor of Law at Duke. She received her JD from Yale Law School and her PhD in social policy and sociology from Harvard University in 2014. Greene also practiced housing law and tax credit matters at the law firm Klein Hornig in Boston.Greene’s areas of expertise include consumer bankruptcy and debt, poverty law, housing law, tax, contracts, access to justice, and qualitative research methods. Greene’s research uses interdisciplinary methods to better understand the relationship between law and inequality. Her work has been published or is forthcoming in the New York University Law Review, the Duke Law Journal, the Minnesota Law Review, and the American Bankruptcy Law Journal, among others. Greene, along with others, integrated her research on the Earned Income Tax Credit into a federal policy proposal, “The Rainy Day EITC: A Reform to Boost Financial Security by Helping Low Wage Workers Build Emergency Savings.” Senators Cory Booker (D-NJ) and Jerry Moran (R-KS) adopted the proposal and are co-sponsors of a bipartisan bill proposing the “Refund to Rainy Day Savings Act.”Our student quote by B. John Williams is read by Kuan-Ting from Taipei, Taiwan. ResourcesProfessor Greene’s bio.Daniel Shaviro’s blog post about Greene’s visit to the NYU Law Tax Policy and Public Finance Colloquium.The paper Greene presented at the Colloquium, “A Theory of Poverty: Legal Immobility”“The Rainy Day Earned Income Tax Credit: A Reform to Boost Financial Security by Helping Low-Wage Workers Build Emergency Savings”The Pencil Question article is Who's Naughty and Who's Nice—Frictions, Screening, and Tax Law Design, 61 Buff. L. Rev. 1057 (2013).The student quote is taken from an article in Tax Notes.
With the COVID related volatility in the financial markets and the impact on employees and businesses, one question lingering in the back of employers minds has been, am I more likely to be the target of a 401(k) lawsuit now? To answer this and some other topical questions that have come up, I am excited to welcome back Carl Engstrom, a 401(k) plaintiff’s attorney with Nichols Kaster. Carl and his firm have numerous lawsuits against retirement plan sponsors and to date have garnered over $150 million of dollars in settlements on behalf of 401(k) plan participants. In addition to some answers on the first question, we hit on why employers are getting sued, where 401(k) litigation is likely headed and some thoughts on other timely developments. With that said, since we recorded the episode and our release date, there have been a few announcements on private equity and ESG investment strategies we did not discuss. As those situations evolve, we will surely revisit them in the future. Guest Bio Prior to joining Nichols Kaster, Carl worked as a judicial law clerk for Judge Natalie E. Hudson of the Minnesota Court of Appeals and for Judge Philip C. Carruthers and Judge Tamara G. Garcia of the Fourth Judicial District of the State of Minnesota. During law school, Carl was a staff member and articles submission editor of the Minnesota Law Review, where his note on the Fair Labor Standards Act was published in April 2012. Carl was on the Dean’s List all three years at law school and received four Faculty Book Awards given to the top-performing student in a course. Carl also worked as a research assistant to Professor Daniel Schwarcz. Carl began his legal career in 2010 as a Law Clerk with Nichols Kaster. Carl’s passion for helping people save for retirement began before law school, when Carl spent six years working as a Certified Financial Planner, with a particular focus on helping clients plan and save for retirement. 401(k) Fridays Podcast Overview Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 200 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!
In this episode, Michael Arin, a recent graduate of the University of Minnesota Law School and the student editor-in-chief of the Esports Bar Association Journal, discusses his note "Competing Competitions: Anticompetitive Conduct by Publisher-Controlled Esports Leagues," which is published in the Minnesota Law Review. Arin begins by explaining what esports are and why they resemble traditional sports in many ways. He discusses the critical role of copyright in esports, and how it affects competition in the industry. And he reflects on how we could use compulsory licenses the encourage competition. Arin is on Twitter at @ArinMJ. This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.
In this episode, Jacob Victor, Assistant Professor of Law at Albany Law School and Affiliated Fellow at the Yale Information Society Project, discusses his article "Utility-Expanding Fair Use," which will be published in the Minnesota Law Review. Victor begins by explaining what "utility-expanding" fair use is and how it differs from other kinds of "transformative" fair use. He reflects on when and why courts tend to find that utility-expanding uses are fair, and observes that the fair use doctrine might not always be the best solution. He suggests that compulsory licensing may offer an alternative method of encouraging utility-expanding uses of copyrighted works, better suited to some circumstances. Victor is on Twitter at @jacobmvictor.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.
Professor Jessica Eaglin (Indiana’s Maurer School of Law) and Professor Reitz (UMN Law) discuss the costs and benefits of the growing use of actuarial risk assessment as tools in criminal sentencing. This episode was recorded on November 18, 2019. Please visit the Minnesota Law Review website -> https://minnesotalawreview.org/ Follow Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMLawSchool
Professor Rachel Barkow (NYU Law) discusses the political institutional dynamics that prompted and maintain mass incarceration in the United States. This episode was recorded on November 18, 2019. Please visit the Minnesota Law Review website -> https://minnesotalawreview.org/ Follow Minnesota Law Review on Twitter -> twitter.com/MinnesotaLawRev Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter twitter.com/UofMLawSchool
In this episode, Wayne A. Logan, Gary & Sallyn Pajcic Professor of Law at Florida State University College of Law, discusses his article "Contracting for Fourth Amendment Privacy Online," which he co-authored with Jake Linford, and which is published in the Minnesota Law Review. Logan begins by explaining the origins of the modern Fourth Amendment doctrine, and how it relies on both subjective and objective expectations of privacy. He explains the origins of the "third-party" doctrine, which provides that information provided to third parties may not be protected by the Fourth Amendment. He observes that the Supreme Court has recently narrowed the scope of the third-party doctrine. And he reflects on how contractual relationships between consumers and internet service providers could provide information about actual subjective expectations of privacy. Logan's scholarship is available on SSRN.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.
How does pregnancy impact careers… for both parents? Is there such a thing as a “pregnancy penalty”? Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Jennifer Shinall, a Professor of Law at Vanderbilt, to discuss inequity in family leave policies, the gender pay gap, pregnancy discrimination and gender stereotypes that remain in the workplace. A graduate of Vanderbilt Law and Harvard University, Jennifer has a J.D. and a Ph.D. in Law and Economics. Jennifer focuses on employment law, employment discrimination, health economics, labor economics and more. Her research examines discrimination, particularly in the areas of gender and disability. Exploring how health status (such as obesity and pregnancy) affects labor market outcomes, Jennifer considers how these effects may differ by gender and how these disparities may be addressed by the legal system. Today Aaron and Jennifer address these topics, specifically through the lens of parental leave policies. How are men and women treated differently after they have a child? Is there really a “mommy track” and a “daddy track?” Jennifer explains that gender stereotypes do persist, and not just in the legal field. She explains that despite federal protections, like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA,) pregnancy discrimination still happens. Aaron and Jennifer talk about the different expectations there seems to be around parental leave, discussing two recent lawsuits filed against the giant law firm, Jones Day. Both lawsuits revolve around the notion of family leave and the firm’s alleged inequity in applying its policies. To learn more about Jennifer, please visit her bio page here. You can also find her on Twitter, @ShinallJennifer. You can find a full copy of Jennifer’s article, “The Pregnancy Penalty,” here. Published in the Minnesota Law Review. To find an abbreviated version of the article on Jennifer’s blog, click here. Host: Aaron Freiwald Guest: Jennifer Shinall Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com
In this episode, Wendy Netter Epstein, Professor of Law at DePaul University College of Law and Faculty Director of the Mary and Michael Jaharis Health Law Institute, discusses her article "Private Law Alternatives to the Individual Mandate," which will be published in the Minnesota Law Review. Epstein begins by briefly describing what the Affordable Care Act is and how it works, and the role the "individual mandate" played in the ACA. She then explains how the effective elimination of the individual mandate will affect the functioning of the ACA health care markets, by changing the incentives for marginal healthcare consumers. She observes that existing proposals to compensate for the loss of the individual mandate are unlikely to be effective and would have undesirable consequences. And she proposes several alternative approaches based on behavioral economics principles that could be more effective, including variable rate plans, lock-in contracts, return of premium policies, and appeals to altruism. Epstein is on Twitter at @ProfWEpstein.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.
Professor David Noll (Rutgers Law) discusses his article, Arbitration Conflicts, and the recent Supreme Court decision in New Prime Inc. v. Oliveira. You can read the full article at the Minnesota Law Review -> http://www.minnesotalawreview.org/articles/arbitration-conflicts/ Follow Professor David Noll on Twitter --> https://twitter.com/davidlnoll Follow the Minnesota Law Review on Twitter -> https://twitter.com/MinnesotaLawRev Follow Experto Crede host Veena Tripathi on Twitter -> https://twitter.com/Veena_Tripathi_ Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter https://twitter.com/UofMNLawSchool.
Professor Rose Cuison-Villazor(Rutgers Law) discusses her article, Sanctuary Networks, and discusses the emergence of a new type of sanctuary. You can read the full article at the Minnesota Law Review -> http://www.minnesotalawreview.org/articles/sanctuary-networks/ Follow Professor Rose Cuision-Villazor on Twitter --> https://twitter.com/profrcvillazor Follow the Minnesota Law Review on Twitter -> https://twitter.com/MinnesotaLawRev Follow Experto Crede host Veena Tripathi on Twitter -> https://twitter.com/Veena_Tripathi_ Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter https://twitter.com/UofMNLawSchool.
Professor William McGeveran (University of Minnesota Law School) discusses his article, The Duty of Data Security, and highlights where the boundaries for that duty start and end. You can read the full article at the Minnesota Law Review -> http://www.minnesotalawreview.org/articles/the-duty-of-data-security/ Follow Prof. William McGeveran on Twitter -> https://twitter.com/BillMcGev Follow the Minnesota Law Review on Twitter -> https://twitter.com/MinnesotaLawRev Follow Experto Crede host Veena Tripathi on Twitter -> https://twitter.com/Veena_Tripathi_ Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter https://twitter.com/UofMNLawSchool.
A preview of Minnesota Law's first podcast, Experto Crede. Follow the Minnesota Law Review on Twitter -> https://twitter.com/MinnesotaLawRev Follow Experto Crede host Veena Tripathi on Twitter -> https://twitter.com/Veena_Tripathi_ Learn more about the University of Minnesota Law School by visiting law.umn.edu and following Minnesota Law on Twitter https://twitter.com/UofMNLawSchool.
Virginia Heffernan talks to Benjamin Wittes, editor-in-chief of Lawfare and senior fellow at the Brookings Institution, about why he admires Brett Kavanaugh’s legal record, but also why he wouldn’t vote to confirm Kavanaugh as a member of the Supreme Court. Further reading:Why I wouldn’t confirm Brett KavanaughKavanaugh’s Minnesota Law Review article, cited by Benjamin Wittes in this episodeKavanaugh on Judge David Barron’s book on Congress, the presidency, and war powers Follow Trumpcast on Twitter: @realtrumpcast Podcast production by A.C. Valdez and Daniel Schroeder Learn more about your ad choices. Visit megaphone.fm/adchoices
Blonde is back post-nuptials and we talk Kavanaugh's Supreme Court nomination, Trump's eventful European tour, Peter Strzok's congressional hearing, and plenty more! Support the show and help us make it better! Become a Patron: http://www.patreon.com/beautyandthebeta Make a one-time contribution on PayPal: http://www.paypal.me/beautyandthebeta Beauty & the Beta merchandise shop: http://bit.ly/2nxSaj6 (If there are items absent that you'd like to request, email us and we can accommodate) Blonde's channel: http://bit.ly/23RrR3z Blonde's Twitter (RIP): http://bit.ly/2t41Wvc Blonde's Gab: http://bit.ly/2jQFS4a Matt's Twitter: http://bit.ly/2ib6eKr Our Discord server: New users use this link: https://discord.gg/Uhattun Existing users use this link: https://discord.gg/4rkxcZv Beauty & the Beta on demand: http://bit.ly/1TUcepj Listen on Apple Podcasts: http://apple.co/23YM9rM Listen on Google Play: http://bit.ly/2iFWOqD Listen on Soundcloud: http://bit.ly/1TUce8E Listen on Stitcher: http://bit.ly/1TlubhE Listen on Podbean: http://bit.ly/1TUcnJ8 ARTWORK by Facepalm Reality Facepalm Reality's Twitter: http://bit.ly/2AZfI4V Facepalm Reality's YouTube channel: http://bit.ly/2uxbrr9 MUSIC Fast Car remix: https://youtu.be/7dzaVrhphlE Bearing and SugarTits' cover of "Catch the Wind" https://youtu.be/DPZtCSScFWM "Dog Park" and "Odahviing" written and performed by AENEAS: http://bit.ly/2sibPZ7 ITEMS REFERENCED 7.11 Call-In Show recap from listener David: http://bit.ly/2uzKUqs Seattle tourism parody promo: https://youtu.be/pCloTOCdJSs Richard Painter's dumpster fire podcast promo: http://bit.ly/2uEBU3o HuffPo is promoting Desmond the drag kid: http://bit.ly/2zQv1Sr Police recover baby in Montana forest: http://bit.ly/2m6oFV4 Video of sheriff's deputy who saved the baby: https://youtu.be/fMNlKQatngY 'Stop Kavanaugh' ad: https://youtu.be/cHYcZDO27ac It's not clear Kavanaugh would overturn Roe: http://bit.ly/2zIOO5W It's not clear Kavanugh would overturn the Affordable Care Act: https://nyti.ms/2uDlzvs Kavanaugh's 2009 Minnesota Law Review article on prosecuting the president: http://bit.ly/2uwJiNT Women's March press release opposes nomination of 'XX' for Supreme Court: https://usat.ly/2uECNce Protesters want Yale to disavow Kavanugh because reasons: http://bit.ly/2zH6I9e Trump rips Germany and NATO allies at Brussels breakfast: https://youtu.be/_yO8RhG370w Trump's interview with the Sun: http://bit.ly/2mluUVc Trump apoligized to May, says he was mischaracterized: https://cnn.it/2mh5RCD Trump refuses question from fake news Acosta: http://bit.ly/2zzu4NY Protest piece 1, drag queens and balloon: https://youtu.be/OSz42uMjOcE Protest piece 2, aerial footage: https://youtu.be/zO4JJZirrbw Protesters v Trump punching bag clip 1: http://bit.ly/2zILXKg Protesters v Trump punching bag clip 2: http://bit.ly/2uDh6sM Protest piece 3, protesting Trump's golf outing in Scotland: https://youtu.be/eNbFCA_ggnQ Sadiq Khan on Good Morning Britain: http://bit.ly/2uAcrIg Sadiq Khan on BBC: https://youtu.be/O7_MmTaheCk Sadiq Khan SXSW speech: https://youtu.be/CwlYxJFXZBg Issa v Stzrok: https://youtu.be/-ZoMg21F_B0 Gowdy v Strzok: http://bit.ly/2mgr9jH Gohmert vs Strzok: https://youtu.be/PSCvbWYEJFQ Strzok says the entire hearing is ‘just another notch in Putin's belt': https://youtu.be/fji3mkdU-Lk Dem. Rep. Steve Cohen says Strzok deserves a Purple Heart: http://bit.ly/2uCMl7c NBC Nightly News on indictments of 12 Russians: https://youtu.be/gqWKh37bHdc Stormy Daniels arrested: https://cnn.it/2uzrRfF Charges dropped: http://bit.ly/2mgM4Dg
Today's Rapid Response Friday does not take a victory lap about our successful prediction that Brett Kavanaugh would be Donald Trump's next nominee to the Supreme Court (but seriously, we called that right, y'all.) Instead, Andrew and Thomas break down some of the current stories surrounding Kavanaugh to separate fact from fiction and try and articulate the best mainstream case against confirming Kavanaugh to the Supreme Court. In the pre-show, we give a shout-out to everyone who made the Opening Arguments Wiki possible -- go check it out! It's amazing! After that, Andrew Was Wrong returns with a clarification from Episode 187 where Andrew misspoke. And also, the guys have a slight laugh at Andrew's inability to pronounce locations of things. The main segment tackles a bunch of current stories surrounding Judge Kavanaugh, including: (1) the allegation that Judge Kavanaugh has concluded that sitting Presidents can't be indicted; (2) the Yale open letter opposing his nomination; (3) a truly stupid article in The Hill arguing for a lawsuit to block Kavanaugh; (4) the potential conflict of interest with Kennedy's retirement; and (5) the notion of "packing the Court" in 2020. Phew! Next, Andrew gives us an eight-second sneak peek at a court's refusal to permit the Trump administration to modify the Flores settlement and why that's good news. Finally, we end with an all new Thomas Takes The Bar Exam #83 involving spousal privilege. If you'd like to play along, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag. We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew was just a guest co-host on Episode 75 of the Skepticrat podcast; go check it out! Also, Andrew will be discussing Judge Kavanaugh with conservative talk show host Chuck Morse. If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links For starters, here is the Tweet from Alexandria Ocasio-Cortez we criticized, along with the pretty funny humor piece from Andy Borowitz. You should definitely read Kavanaugh's 2009 Law Review article “Separation of Powers During the Forty-Fourth Presidency and Beyond” in the Minnesota Law Review. This is the Yale Open letter. This is the dreadful Ken Levy article in The Hill that Andrew debunks. These are the actual Senate Rules, and remember that we broke down the "nuclear option" way back in Episode 59. On Anthony Kennedy's negotations, check out Rule 3(C)(1) of the Code of Conduct for U.S. Judges, which we previously discussed in Episode 129. As homework for next week, read the Court's order denying the Trump Administration's request to modify the Flores settlement, which we first covered in Episode 184. Finally, NEVER ENDING FAME AND FORTUNE goes to:Paul Duggan, Zach Aletheia, Eric Brewer, Teresa Gomez, Andrew Hamilton, Robin Hofmann, and Beverly Karpinski-Theunis for creating the OA Wiki! Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! For show-related questions, check out the Opening Arguments Wiki And email us at openarguments@gmail.com
As director of information policy studies, Jim Harper focuses on the difficult problems of adapting law and policy to the unique problems of the information age. Harper is a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee. His work has been cited by USA Today, the Associated Press, and Reuters. He has appeared on Fox News Channel, CBS, and MSNBC, and other media. His scholarly articles have appeared in the Administrative Law Review, the Minnesota Law Review, and the Hastings Constitutional Law Quarterly. Recently, Harper wrote the book Identity Crisis: How Identification Is Overused and Misunderstood. Harper is the editor of Privacilla.org, a Web-based think tank devoted exclusively to privacy, and he maintains online federal spending resource WashingtonWatch.com. He holds a J.D. from Hastings College of the Law.
Dan Solve, Privacy Law Professor, Author of TheFuture of Reputation Professor Solove is an associate professor of law at the George Washington University Law School. He received his A.B. in English Literature from Washington University, where he was an early selection for Phi Beta Kappa, and his J.D. from Yale Law School. At Yale, Professor Solove won the university-wide scholarly writing Field Prize and served as symposium editor of the Yale Law Journal and as an editor of the Yale Journal of Law & the Humanities. Following law school, Professor Solove clerked for The Honorable Stanley Sporkin, U.S. District Court for the District of Columbia. After practicing law as an associate at the firm of Arnold & Porter in Washington, D.C., Professor Solove began a second clerkship with The Honorable Pamela Ann Rymer, U.S. Court of Appeals for the Ninth Circuit. Professor Solove began teaching at Seton Hall Law School in 2000. In the fall semester of 2003, he was a visiting professor at the George Washington University Law School. He permanently joined the George Washington University Law School faculty in 2004. Professor Solove writes in the areas of information privacy law, cyberspace law, law and literature, jurisprudence, legal pragmatism, and constitutional theory. He teaches information privacy law, criminal procedure, criminal law, and law and literature. An internationally known expert in privacy law, Solove has been interviewed and quoted by the media in over 100 articles and broadcasts, including the New York Times, Washington Post, Chicago Tribune, Toronto Star, Associated Press, ABC News, CBS News, NBC News, CNN, and National Public Radio. Professor Solove recently published a new book, THE DIGITAL PERSON: TECHNOLOGY AND PRIVACY IN THE INFORMATION AGE (NYU Press, December 2004), which distinguished Berkeley Law School Professor Pamela Samuelson calls "the best exposition thus far about the threat that computer databases containing personal data about millions of Americans poses for information privacy." The book was recommended in the Wall Street Journal's Recommended Reading column in July 2005. Additionally, Solove also authored a casebook, INFORMATION PRIVACY LAW (Aspen, January 2003) (with Marc Rotenberg). Solove has published about 20 articles and essays, which have appeared or are forthcoming in many of the leading law reviews, including the Stanford Law Review, Yale Law Journal, California Law Review, University of Pennsylvania Law Review, Michigan Law Review, Duke Law Journal, Minnesota Law Review, and Southern California Law Review, among others. He serves on the advisory board of the Electronic Privacy Information Center and is the president of the Law and Humanities Institute. He has contributed to several amicus briefs before the U.S. Supreme Court. Daniel J. Solove Associate Professor of Law George Washington University Law School 2000 H Street, NW Washington, DC 20052 Website: http://www.law.gwu.edu/facweb/dsolove/
![Black Hat Briefings, Las Vegas 2005 [Audio] Presentations from the security conference](https://ivyfm.s3.amazonaws.com/i320/593906.jpg)
Black Hat Briefings, Las Vegas 2005 [Audio] Presentations from the security conference
As a result of the Real-ID Act, all American citizens will have an electronically readable ID card that is linked to the federal database by May 2008. This means that in three years we will have a National ID card system that is being unilaterally controlled by one organization (DHS) whether we want it or not. Organizations such as the ACLU are already exploring opportunities for litigation. Privacy advocates cite Nazi Germany and slippery slopes, while the government waves the anti-terrorism flag back in their faces. Compromises and alternate solutions abound. Join us for a lively debate/open forum as an attempt to find a useable solution to this sticky problem. We will review solutions from the AMANA as well as ask why passports are not considered to be a privacy problem in the same ways. Would a National ID card make us safer? What to do about 15 million illegal immigrants? If college students can fake an ID, why can't a terrorist? What civil rights are abrogated by requiring everyone to possess an ID? What problem are we trying to solve anyway and will federal preemption address them? David Mortman, Chief Information Security Officer for Siebel Systems, Inc., and his team are responsible for Siebel Systems' worldwide IT security infrastructure, both internal and external. He also works closely with Siebel's product groups and the company's physical security team and is leading up Siebel's product security and privacy efforts. Previously, Mr. Mortman was Manager of IT Security at Network Associates, where, in addition to managing data security, he deployed and tested all of NAI's security products before they were released to customers. Before that, Mortman was a Security Engineer for Swiss Bank. A CISSP, member of USENIX/SAGE and ISSA, and an invited speaker at RSA 2002 and 2005 security conferences, Mr. Mortman has also been a panelist at InfoSecurity 2003 and Blackhat 2004. He holds a BS in Chemistry from the University of Chicago. Dennis Bailey is the Chief Operating Officer for Comter Systems, a top-secret, 8(a) information technology and management consulting firm based out of Fairfax, Virginia. He is also the author of "The Open Society Paradox: Why the Twenty-First Century Calls for More Openness Not Less", a recently published book which makes the case for secure identification and information sharing. He is active in the fields of identification, information sharing and security. He was a participant in the Sub-group on Identification for the Markle Foundation Task Force on Terrorism. He participates on the ITAA's Identity Management Task Group and is a member of the Coalition for a Secure Driver's License. His education includes a master's degree in political science from American University, where he worked at the Center for Congressional and Presidential Studies. Dennis also has a master's degree in psychology from the University of Dayton, where he worked at the Social Science Research Center. Jim Harper: As director of information policy studies, Jim Harper speaks, writes, and advocates on issues at the intersection of business, technology, and public policy. His work focuses on the difficult problems of adapting law and policy to the unique problems of the information age. Jim is also the editor of Privacilla.org, a Web-based think-tank devoted exclusively to privacy. He is a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee. In addition to giving dozens of speeches and participating in panel discussions and debates nationwide, Jim's work has been quoted and cited by USA Today, the Associated Press, and Reuters, to name a few. He has appeared on numerous radio programs and on television, commenting for Fox News, CBS News, and MSNBC. Jim is a native of California and a member of the California bar. He earned his bachelor's degree in political science at the University of California, Santa Barbara, where he focused on American politics and the federal courts. At Hastings College of the Law, Jim served as editor-in-chief of the Hastings Constitutional Law Quarterly. In addition to numerous writings and ghost-writings in the trades and popular press, his scholarly articles have appeared in the Administrative Law Review, the Minnesota Law Review, and the Hastings Constitutional Law Quarterly. Rhonda E. MacLean is a charter member of the Global Council of Chief Security Officers. The Council is a think tank comprised of a group of influential corporate, government and academic security experts dedicated to encouraging dialogue and action to meet the new challenges of global online security. MacLean provided leadership as the Global Chief Information Security Officer for Bank of America from 1996 until 2005. At Bank of America she was responsible for company-wide information security policies and procedures, support for the lines of business in their management of information risk, implementation of security technology, cyber forensics and investigations, and awareness for the company's leadership, associate base and outside suppliers. In that role she provided leadership for a number of company-wide initiatives designed to protect sensitive customer and company information. In addition, under her leadership the bank's corporate information security organization has been a leader in innovation, filing for numerous U.S. Patents in the areas of infrastructure risk management and information security. After many years of service on some of the industry's most important associations, advisory boards and think tanks, she was appointed in 2002 by the Secretary of the Treasury to serve as the financial services sector coordinator for critical infrastructure protection and homeland security. In that role, she established a Limited Liability Corporation which brought together 26 financial service trade associations, utilities and professional institutes to work in partnership with Treasury to create several important industry initiatives designed to ensure industry cooperation and resiliency. She continues to serve as Chairman Emeritus for the Council. In September 2003, The Executive Women's Forum named MacLean one of five "Women of Vision", one of the top business leaders shaping the information security industry. MacLean was named one of the 50 most powerful people in the network industry in NetworkWorld's 2003 and 2004 issues. In recognition of her continued leadership in the security field, she was awarded CSO's Compass Award in 2005. In April 2005, The Friends of a Child's Place, a Charlotte-based advocacy for the homeless, named her one of the "First Ladies of Charlotte" in recognition of her pioneering role in information security and her support for the Charlotte community. MacLean has spent more than 25 years in the information technology industry. Immediately before joining Bank of America, MacLean spent 14 years at The Boeing Company where she was the Senior Information Security Manager for Boeing's proprietary and government programs. She is certified by the Information Systems Audit and Control Association as a Certified Information Security Manager.>
![Black Hat Briefings, Las Vegas 2005 [Video] Presentations from the security conference](https://ivyfm.s3.amazonaws.com/i320/593907.jpg)
Black Hat Briefings, Las Vegas 2005 [Video] Presentations from the security conference
As a result of the Real-ID Act, all American citizens will have an electronically readable ID card that is linked to the federal database by May 2008. This means that in three years we will have a National ID card system that is being unilaterally controlled by one organization (DHS) whether we want it or not. Organizations such as the ACLU are already exploring opportunities for litigation. Privacy advocates cite Nazi Germany and slippery slopes, while the government waves the anti-terrorism flag back in their faces. Compromises and alternate solutions abound. Join us for a lively debate/open forum as an attempt to find a useable solution to this sticky problem. We will review solutions from the AMANA as well as ask why passports are not considered to be a privacy problem in the same ways. Would a National ID card make us safer? What to do about 15 million illegal immigrants? If college students can fake an ID, why can't a terrorist? What civil rights are abrogated by requiring everyone to possess an ID? What problem are we trying to solve anyway and will federal preemption address them? David Mortman, Chief Information Security Officer for Siebel Systems, Inc., and his team are responsible for Siebel Systems' worldwide IT security infrastructure, both internal and external. He also works closely with Siebel's product groups and the company's physical security team and is leading up Siebel's product security and privacy efforts. Previously, Mr. Mortman was Manager of IT Security at Network Associates, where, in addition to managing data security, he deployed and tested all of NAI's security products before they were released to customers. Before that, Mortman was a Security Engineer for Swiss Bank. A CISSP, member of USENIX/SAGE and ISSA, and an invited speaker at RSA 2002 and 2005 security conferences, Mr. Mortman has also been a panelist at InfoSecurity 2003 and Blackhat 2004. He holds a BS in Chemistry from the University of Chicago. Dennis Bailey is the Chief Operating Officer for Comter Systems, a top-secret, 8(a) information technology and management consulting firm based out of Fairfax, Virginia. He is also the author of "The Open Society Paradox: Why the Twenty-First Century Calls for More Openness Not Less", a recently published book which makes the case for secure identification and information sharing. He is active in the fields of identification, information sharing and security. He was a participant in the Sub-group on Identification for the Markle Foundation Task Force on Terrorism. He participates on the ITAA's Identity Management Task Group and is a member of the Coalition for a Secure Driver's License. His education includes a master's degree in political science from American University, where he worked at the Center for Congressional and Presidential Studies. Dennis also has a master's degree in psychology from the University of Dayton, where he worked at the Social Science Research Center. Jim Harper: As director of information policy studies, Jim Harper speaks, writes, and advocates on issues at the intersection of business, technology, and public policy. His work focuses on the difficult problems of adapting law and policy to the unique problems of the information age. Jim is also the editor of Privacilla.org, a Web-based think-tank devoted exclusively to privacy. He is a member of the Department of Homeland Security's Data Privacy and Integrity Advisory Committee. In addition to giving dozens of speeches and participating in panel discussions and debates nationwide, Jim's work has been quoted and cited by USA Today, the Associated Press, and Reuters, to name a few. He has appeared on numerous radio programs and on television, commenting for Fox News, CBS News, and MSNBC. Jim is a native of California and a member of the California bar. He earned his bachelor's degree in political science at the University of California, Santa Barbara, where he focused on American politics and the federal courts. At Hastings College of the Law, Jim served as editor-in-chief of the Hastings Constitutional Law Quarterly. In addition to numerous writings and ghost-writings in the trades and popular press, his scholarly articles have appeared in the Administrative Law Review, the Minnesota Law Review, and the Hastings Constitutional Law Quarterly. Rhonda E. MacLean is a charter member of the Global Council of Chief Security Officers. The Council is a think tank comprised of a group of influential corporate, government and academic security experts dedicated to encouraging dialogue and action to meet the new challenges of global online security. MacLean provided leadership as the Global Chief Information Security Officer for Bank of America from 1996 until 2005. At Bank of America she was responsible for company-wide information security policies and procedures, support for the lines of business in their management of information risk, implementation of security technology, cyber forensics and investigations, and awareness for the company's leadership, associate base and outside suppliers. In that role she provided leadership for a number of company-wide initiatives designed to protect sensitive customer and company information. In addition, under her leadership the bank's corporate information security organization has been a leader in innovation, filing for numerous U.S. Patents in the areas of infrastructure risk management and information security. After many years of service on some of the industry's most important associations, advisory boards and think tanks, she was appointed in 2002 by the Secretary of the Treasury to serve as the financial services sector coordinator for critical infrastructure protection and homeland security. In that role, she established a Limited Liability Corporation which brought together 26 financial service trade associations, utilities and professional institutes to work in partnership with Treasury to create several important industry initiatives designed to ensure industry cooperation and resiliency. She continues to serve as Chairman Emeritus for the Council. In September 2003, The Executive Women's Forum named MacLean one of five "Women of Vision", one of the top business leaders shaping the information security industry. MacLean was named one of the 50 most powerful people in the network industry in NetworkWorld's 2003 and 2004 issues. In recognition of her continued leadership in the security field, she was awarded CSO's Compass Award in 2005. In April 2005, The Friends of a Child's Place, a Charlotte-based advocacy for the homeless, named her one of the "First Ladies of Charlotte" in recognition of her pioneering role in information security and her support for the Charlotte community. MacLean has spent more than 25 years in the information technology industry. Immediately before joining Bank of America, MacLean spent 14 years at The Boeing Company where she was the Senior Information Security Manager for Boeing's proprietary and government programs. She is certified by the Information Systems Audit and Control Association as a Certified Information Security Manager.>
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