On IdeaStream, Witmer-Rich Predicts Madison Grand Jury Will Act Quickly

C|M|LAW’s Professor Jonathan Witmer-Rich comments in an IdeaStream interview on the Madison indictment for triple murder.  See:

http://www.ideastream.org/news/feature/55130?utm_source=dlvr.it&utm_medium=facebook

Mika and Tyler Argue that the “Dunning-Kruger effect” Colors Law Students’ Evaluations of their Teachers

C|M|LAW Legal Writing Professor Karin Mika and C|M|LAW Legal Writing Professor Emerita Barbara Tyler attended the Association of Legal Writing Directors conference June 26-28 in Milwaukee, Wisconsin.  Mika and Tyler participated on a panel called “Love me Now or Thank me Later,” arguing that the Dunning-Kruger effect colors law student reviews of law faculty teaching. This references a 2012 article that Tyler published in the Touro Law Review with Catherine Wasson, a Legal Writing Professor from Elon University.

Sundahl New Chair of CMBA International Law Section

On July 1st, C|M|LAW Associate Dean Mark Sundahl began a two-year term as the Chair of the International Law Section of the Cleveland Metropolitan Bar Association.  The International Law Section provides a forum for international law practitioners as well as for student members of the CMBA with an interest in international law.  The section holds monthly luncheon meetings featuring a presentation on current issues in the field of international law.  An annual full-day CLE event is also organized for the spring.  Dean Sundahl plans to involve students to a larger extent in the section’s activities in order to raise student awareness of the importance of international law in the era of globalization.

Witmer-Rich Guest Blogs on PrawfsBlawg Regarding Sneak and Peek Searches

C|M|LAW Professor Jonathan Witmer-Rich is guest blogging in July at PrawfsBlawg regarding sneak and peek searches.  His posts will draw from his scholarship on delayed notice search warrants, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2226977.

His first post on PrawfsBlawg is here: http://prawfsblawg.blogs.com/prawfsblawg/2013/07/sneak-and-peek.html.

Sagers Posts Again on HuffingtonPost, This Time on the “Reverse Payments” Drug Case

C|M|Law’s James A. Thomas Distinguished Professor of Law Chris Sagers had a new post  on the HuffingtonPost last week concerning last week’s Supreme Court decision in Federal Trade Commission v. Actavis, Inc.  In the case, the Court held that so-called “reverse payment” or “pay for delay” agreements between branded drug manufacturers and would-be generic competitors are not only subject to antitrust law, but are likely illegal in any case in which the reverse payment is “large.”  Sagers offers thoughts about why the case matters not just for the narrow context of the drug sector, but for antitrust law and competition generally.

You may read Sagers’ post here:

http://www.huffingtonpost.com/chris-sagers/the-drug-patents-case-the_b_3480866.html

Sagers Featured Prominently in Press Reports Concerning Apple eBooks Antitrust Trial

Professor Chris Sagers

Professor Chris Sagers

C|M|Law’s James A. Thomas Distinguished Professor of Law Chris Sagers was widely quoted in the press recently concerning the Justice Department’s antitrust case against Apple, alleging that Apple had coordinated a price-fixing conspiracy among publishers of electronic books.  In addition to his own post about the case on the HuffingtonPost (see http://www.huffingtonpost.com/chris-sagers/the-fate-of-apple-and-ant_b_3480835.html) Sagers was quoted in several  articles in Publisher’s Weekly (concerning Apple’s trial strategy, see http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/57395-at-hearing-judge-says-she-is-leaning-against-apple.html,  concerning the likely scope of the remedies it may face, (see http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/57395-at-hearing-judge-says-she-is-leaning-against-apple.html), and in a long summation of the case after trial had closed (see http://www.publishersweekly.com/pw/by-topic/digital/retailing/article/57943-why-apple-loses.html).  He was quoted on the technology website CNET on the testimony of key witness Eddy Cue (see http://news.cnet.com/8301-13579_3-57589185-37/apples-eddy-cue-yep-we-caused-e-book-pricing-to-rise/), and in another long summary of the case (see http://news.cnet.com/8301-13579_3-57586765-37/apple-and-the-doj-face-off-over-e-book-prices-faq/), as well as in the widely read InformationToday (see http://newsbreaks.infotoday.com/NewsBreaks/Apple-Gambles-on-Winning-Ebook-Antitrust-Suit-90274.asp).

Forte Speaks at the Claremont Institute’s Wilson Seminar on the Framers’ Thoughts on What Constitutes Religion

On April 27, C|M|LAW Professor David Forte delivered a paper in Washington to the Wilson Seminar of the Natural Law Center of Claremont University.  The Wilson Seminar on the role of Natural Law in American Constitutional Jurisprudence, is named for James Wilson, a central figure in the formation of the Constitution, and sponsored by the Claremont Institute for the Study of Statesmanship and Political Philosophy. The topic of the latest meeting was the Parameters of Religious Liberty.  Professor Forte’s contribution centered on what kinds of “religion” the framers had in mind when they went out of their way in the First Amendment to guarantee the “Free Exercise of Religion.” It was entitled  Satan, Religious Freedom, and the Natural Law.

 

Sagers Blogs in Huff Post on Apple and Antitrust

C|M|LAW’s James A. Thomas Distinguished Professor of Law Chris Sagers posted The Fate of Apple and Antitrust: Overcoming Confusion About the eBooks Case today in the Huffington Post.  In this post, Sagers explains that “[d]efendant Apple, as the government has shown by overwhelming evidence, orchestrated a garden variety price-fixing conspiracy among five of the six large publishing companies that dominate electronic books. They had motive to do it and the evidence is strong that they successfully raised retail prices for a long time.”  He explains why, although the case seems complicated, it is not, and he predicts that Apple will lose.

To read the post, click here:

http://www.huffingtonpost.com/chris-sagers/the-fate-of-apple-and-ant_b_3480835.html?utm_hp_ref=fb&src=sp&comm_ref=false#sb=3876008b=facebook

Robertson Explains the Role of Landmen in the Ohio Shale Oil and Gas Industry in Crain’s Cleveland Business

There has been a fair amount of legitimate hand-wringing in Ohio over the business practices of some landmen operating in the state on behalf of some drilling companies. There also are a fair number of people who have never heard of a land man and can’t imagine their role in the oil and gas exploration and production industry.  In her role as a blogger for Crain’s Shale Report, Robertson explains the role of landmen in the shale oil and gas development process and the concerns they raise for landowners.

Robertson notes that landmen are paid by oil and gas companies to secure mineral leases with terms favorable to the companies. To entice their target landowners, landmen often offer upfront bonuses and royalty payments. But it’s difficult for landowners, who are understandably not savvy to the ins and outs of oil and gas leases, to know what the lease might really be worth.

Landmen, eager for their commissions, are known to hurry landowners into signing on the proverbial dotted line. They may tell the landowners that their neighbors have already signed, whether or not that is true. They may tell the landowners that if they don’t sign immediately, the deal will disappear. For people without means, the upfront money may be too good to resist, even if it binds them to an unfavorable lease.

Although there have been legislative efforts to regulate landman conduct, none has succeeded in Ohio to date.  There are voluntary codes of conduct that help, but not enough.  In this post, Robertson highlights those efforts as well as some progress in the area of information availability.

To read the blog post, click here:

http://www.crainscleveland.com/article/20130614/SHALEBLOGS/306149996

Forte Participates in Civil Rights Commission Hearings on Human Trafficking

In his capacity as a member of the Ohio Advisory Committee to the United States Civil Rights Commission, C|M|LAW Professor David Forte participated in two days of hearings on June 5 and 6 at the University of Toledo on the problem of human trafficking. The Committee heard testimony from research experts, the FBI, the Assistant U.S. Attorney for the Northern District of Ohio, Attorney General DeWine’s Office, rescuers, victims, and legislators.  Northwest Ohio is one of the country’s most active transit points and sources of young victims of the sex trade, which involves tens of thousands of young people, girls and boys, every year.  The Committee shall continue to gather information over the next few weeks and then issue a report.