Sagers Presents Antitrust Book at New Hampshire and West Virginia

Chris Sagers, the James A. Thomas Professor of Law, gave recent presentations to the faculties and students a the Franklin Pierce Center for Intellectual Property at the University of New Hampshire College of Law, and at the West Virginia University School of Law, concerning his new book, “The eBooks Case: United States v. Apple and Competition in America.” The book, which will be published by Harvard University Press in 2019, concerns a Justice Department antitrust action against the Apple computer corporation and several publishing firms for fixing the prices of electronic books. As he explains, the book really takes the case only as a case study, to examine deeper problems in the having of a competition policy at all, and as an explanation for why antitrust has so often been frustrated and disappointing.

Sagers has presented the book to a number of other faculties and groups, including American, Case Western, Villanova, and Elon universities, the New York Law School, and the Antitrust Sections of the American Bar Association and the New York Bar Association. He will present it at other universities in coming months, including the University of Kentucky in early spring 2019.

Professor Sterio Publishes Book Chapter in Routledge Human Rights Series Edited Volume

Professor and Associate Dean Milena Sterio published a chapter entitled “United States legal and policy approaches in the Global War on Terrorism” in an edited volume entitled “Human Rights and America’s War on Terror” (Satvinder S. Juss edition, with a foreword by Richard Falk).  The volume was published by Routledge, in the Routledge Research in Human Rights Law series.

Professor Kalir’s Article Picked Up by Legal Theory Blog

Clinical Professor of Law Doron Kalir’s article, Rethinking Legal Objections to Same-Sex Marriage (forthcoming in Vol. 33 of the Notre Dame J. of Law, Ethics & Public Policy) was featured in Legal Theory Blog, hosted by Professor Lawrence B. Solum of Georgetown Law.

Professor O’Neill Participates in Sound of Ideas Radio Show; Presents at CLE Seminar

On October 4, 2018, Professor Kevin O’Neill appeared on WCPN-FM’s “Sound of Ideas” show to discuss First Amendment history, focusing on an anti-war speech delivered in Canton, Ohio 100 years ago by Socialist leader Eugene V. Debs. President Woodrow Wilson’s Justice Department sought to punish Debs for that speech, which opposed U.S. intervention in World War I. Debs was criminally prosecuted under the Espionage Act and given a ten-year jail sentence that the U.S. Supreme Court upheld in Debs v. United States, 249 U.S. 211 (1919). On October 5, 2018, Professor O’Neill spoke at a CLE seminar, “The Eugene V. Debs Centennial,” on the differing modes of legal analysis that courts employed in deciding Espionage Act cases during the World War I era.

Professor Sterio Serves as International Law Weekend Co-Chair; Presents on Panels on International Criminal Law

Professor and Associate Dean Milena Sterio presented at International Law Weekend, a prominent international law conference in New York City jointly organized by the American Branch of the International Law Association (ABILA) and the International Law Students’ Association (ILSA).  International Law Weekend is held every year at Fordham Law School and at the Association of the Bar of New York City.  Professor Sterio is a member of the ABILA Board of Directors.

Professor Sterio served as International Law Weekend Co-Chair this year.  In addition to her duties as conference Co-Chair, she moderated a panel entitled “Does International Criminal Justice Work? Syria, North Korea and the Role of International Criminal Justice in Resolving Global Crises” on October 20.  In addition, Professor Sterio presented on a panel entitled “Legacies and Memories of International (Criminal) Law” also on October 20.  Finally, she organized an “Emerging Voices in International Law” panel which took place on October 20.

Sagers Talks Antitrust with Florida Dems and Law360

Chris Sagers, the James A. Thomas Professor of Law, spoke about antitrust history and the current state of antitrust debate in a long-form podcast produced by the Palm Beach County Young Democrats, based in Palm Beach, Florida.
He also spoke with the widely read trade journal Law360, about recent federal decisions in Delaware and Georgia limiting the enforcement powers of the Federal Trade Commission. As he explained, the specific holdings are technical and perhaps obscure, but potentially could pose significant burdens for the agency in its enforcement mission.


Following an Important Civil Litigation Clinic Win at the Sixth Circuit, Professor Kalir Interviews with Law.360

Cleveland-Marshall College of Law Civil Litigation Clinic secured an important victory with the Sixth Circuit Court of Appeals yesterday, reversing a lower court decision and reviving a Cuban immigrant’s claim to vacate his sentence.
In Rodriguez-Penton v. United States, the Sixth Circuit (in a split decision) joined other circuits in holding that immigrants may prevail on ineffective assistance of counsel claims. The court further acknowledged, following Supreme Court precedent, that the criminal justice system today is a system of pleas, not of trials. Accordingly, in order to prevail, an immigrant no longer needs to insist that “but for” the ineffective advice of his counsel he would have gone to trial; rather, it is enough to show that he was prejudiced by insisting that he would have obtained a better plea deal but-for the ineffective advice. Accordingly, the Sixth Circuit reversed a lower court decision denying Mr. Rodriguez-Penton’s motion to vacate. 
The decision is an important milestone for “crimigration,” (criminal-immigrtaton) a new legal field created following the Supreme Court’s seminal Padilla v. Kentucky (2010)where the Court held that non-citizen clients have a constitutional right to be advised by their attorneys about the adverse immigration risks resulting from admission in their criminal proceedings.
Over the years, many Civil-Litigation Clinic students have contributed to the proceedings, and were critical in securing this important results. Ms. Ashley Fuchs, Ms. Shannon Lear, Ms. Danielle Limon, Mr. Brandon Morgan, and Mr. John Reulbach have assisted in the preparation of several briefs – and supplemental briefs – for the court. 
Mr. Derek Smith and Mr. Jeffrey Geisinger assisted in the preparation of Oral Argument. Mr. Smith also travelled to Cincinnati to prepare for, and then attended, the oral argument. 
Professors Witmer-Rich, Mead, and Ray (all former federal court-of-appeals clerks), as well as Professor Kowalski, assisted in preparation for oral argument. 
Professor Doron Kalir supervised the clinical work, served as the Attorney of Record, and argued the case before the Sixth Circuit. Following the decision, Professor Kalir interviewed to Law.360.
A copy of the opinion can be found here. A copy of the Law.360 interview can be found here.

Professor Karin Mika Presents at Western Regional Legal Writing Conference, etc.

Professor Karin Mika presented at the Western Regional Legal Writing Conference, held at UC Irvine Law School, on September 29-29.  The topic of her presentation was “Understanding One’s Privilige and its Role int eh Future of Legal Education.”  In her presentation, Professor Mika discussed how we need to be make sure in our classroom that some voices have been historically silenced and are often silenced in a classroom setting.  As teachers we need to make sure that we are taking the opportunity to validate those voices.

Professor Mika also had an essay accepted for an upcoming edition of the Journal of the Legal Writing Institute: Reflections on the 2018 Biennial Conference (the past, present, and future of Legal Writing).

Finally, Professor Mika was a brief grader for the 2018 Scribes Best Brief Competition.