• Archive for February, 2016

    Introducing The Society of Investment Law

    by  • February 26, 2016 • Faculty Scholarship • 0 Comments

    CK Banner 2016

    By William Birdthistle


    Legal scholars, practitioners, and regulators of investment funds have a new learned society to encourage scholarship in their field.  The Society of Investment Law is an international organization of academics and attorneys interested in the study of legal issues relating to investors, advisers, and investment funds.  The society will host an annual meeting to promote the discussion of developments in this field.

    For the past eight years, Professors Tamar Frankel of Boston University School of Law and William Birdthistle of Chicago-Kent College of Law have co-hosted an annual roundtable discussion about developments in investment law.  Keynote speakers at those events have included Professor John Coates of Harvard Law School, reporter Daisy Maxey of the Wall Street Journal, Nell Minow of the Corporate Library, Professor Andrew Lo of the MIT Sloan School of Management, and Robert Plaze of the SEC’s Division of Investment Management.

    As an institution, the Society of Investment Law will build upon these roundtables to encourage scholarship and discussions about investment law.  The society’s founding board of directors includes Frankel, Birdthistle, Coates, and Mercer Bullard of the University of Mississippi School of Law, Quinn Curtis of the University of Virginia School of Law, Deborah DeMott of Duke University School of Law, Jennifer Taub of Vermont Law School, Dirk Zetzsche of the University of Liechtenstein, and John Morley of Yale Law School.  The inaugural officers of the society are Frankel as chair of the board, Birdthistle as president, Morley as vice president, and Taub as secretary.

    The society’s official web site is http://societyofinvestmentlaw.org.

    The Politics of Preservation: An Interdisciplinary Discussion of Cultural Heritage and Historic Preservation

    by  • February 23, 2016 • Faculty Workshops/ Conferences • 0 Comments

    Over the past century we have steadily shifted more resources, both intellectual and monetary, to preserving historic properties and protecting cultural heritage. More recently we have added to this preservation focus increasing concerns about who is entitled to define and lay claim to material culture from the past. Here in the United States these debates play out in the context of historic properties, the National Historic Preservation Act, and a variety of legislative acts that protect the cultural heritage of Native Americans. In the international realm these debates focus on the identification and protection of world heritage sites and the illicit movement of antiquities.

    Regardless of the separate and at times even conflicting legal regimes that govern the preservation of domestic historic properties and international cultural heritage, they share some of the same historic and cultural roots and give rise to similar issues and questions. Why do we put so much stock in the preservation of our material culture and built environments, even at the expense of other social and economic goals? How do we define what is worth saving and whose voices are privileged in that process? How do we reconcile the communal goals at the heart of preservation with concerns about protecting private property and sovereignty?

    This one-day conference will explore these issues through a cross-disciplinary discussion between leaders in the fields of archeology, anthropology, history, architecture, and law.

    The Politics of Preservation
    Friday, April 29, 2016
    Morris Hall, IIT Chicago-Kent College of Law
    565 W Adams St, Chicago IL (more…)

    “Get Over It”: Nahmod on Scalia and SCOTUS

    by  • February 22, 2016 • Faculty Commentary • 0 Comments

    By Sheldon Nahmod [reposted from Nahmod Law] Twitter: @NahmodLaw.


    It is one of the worst Supreme Court decisions in history.

    No, I’m not referring to Dred Scott v. Sanford, which held that blacks could never be U.S. citizens, thereby making the Civil War all but inevitable.

    I’m also not referring to Plessy v. Ferguson, which upheld separate but equal and ushered in Jim Crow.

    I’m not referring to Lochner v. New York, where a laissez faire Supreme Court struck down pro-labor progressive legislation.

    And I’m not referring to U.S. v. Korematsu, which upheld the internment of loyal Japanese-American citizens during World War II.

    All four of these decisions are morally repugnant, and several are even evil.

    No, I’m referring to the infamous and much more recent 2000 decision in Bush v. Gore, where the Court called a halt to the Florida recount and effectively selected George Bush as President of the United States.

    (more…)

    Shapiro in CNN on “How Scalia played with fire”

    by  • February 17, 2016 • Faculty in the News • 0 Comments

    The following opinion piece by Professor Shapiro, “How Scalia played with fire,” was posted February 16, 2016, on cnn.com.

    By Carolyn Shapiro


    The late Justice Antonin Scalia has been justly praised for his tremendous intellect, his resounding influence on the law and his supremely accessible opinions. And since his death Saturday, many commentators have noted his sincere, long friendship with liberal Justice Ruth Bader Ginsburg and others with whom he often disagreed.

    Indeed, some have suggested that we use the legendary Scalia-Ginsburg friendship — so well-known that it inspired an opera — as a model for how we should all relate to those whose political views we disagree with.

    But Scalia’s personal warmth should not preclude considering to what extent his jurisprudence and his famously acerbic tone may have contributed to the polarized national conversation about the court.

    Read more on CNN.