This podcast was recorded in place of our Winter 2017 Symposium, which was cancelled because of harsh weather conditions. Our panelists included New York Times bestseller Alafair Burke, Honorable Michael Ponsor, and New England Law | Boston Professor Peter Manus, and they discussed our symposium topic, "The Novelization of the Criminal Justice System & Its Effect on Pop Culture."
We were joined by Professor Paul Teich, a Professor at New England Law | Boston, to discuss his recent Article published in On Remand: The Near-Term Employment Prospects of American Law School Graduates. Professor Teich has studied this topic in depth, and has compiled various data available including graduation rates, retention rates, and employment rates of new graduates. An analysis of this data, according to Professor Teich, will actually lead to a shortage of law school graduates who can fill the average jobs available each year. This conclusion is in stark contradiction of the mainstream media’s reporting of the unavailability of jobs in the legal market. Additionally, Professor Teich breaks down how he analyzed the data to make this conclusion. If you are a law student or newly graduated law student, or interested in the job market for legal employment, this Podcast will shed light on the empirical data available to explain that job prospects are looking better.
On our latest podcast, we were joined by contributors to the On Remand inaugural Online Symposium, which focuses on the Market Basket saga. Dean Eric Gouvin, who is Dean of Western New England University School of Law, discusses his contribution to the symposium, titled, “What's Law Go to Do with It? An Essay About the Balance of Power in Corporate Governance Between Officers, Directors, and Shareholders.” We were also joined by New England Law | Boston Professor Eric Lustig, who is the director of the law school’s Center for Business Law, and whose contributions to the symposium include both a Foreword and a detailed background of the saga, and a piece co-authored by New England Law | Boston Professor Emeritus Susan Finneran: “The ‘Close Corporation’ Legacy of the Demoulas / Market Basket Saga: A Case Against Type?” Our third guest is New England Law | Boston Professor Gary Bishop, who contributed to our online symposium with a review of the book, “We Are Market Basket: The Story of the Unlikely Grassroots Movement That Saved a Beloved Business,” by Daniel Korschun and Grant Welker.
We were joined by Professor Victor Hansen, a Professor at New England Law | Boston, to discuss our recent Fall Symposium: Sexual Violence in the U.S. Military: Discipline, Justice, and Command. Professor Hansen has studied this problem in depth, and has served as a JAG officer in the US Military. In addition, Professor Hansen discusses Professor Vanlandingham's thesis that more oversight in the prosecutorial chain in the US military would help alleviate this issue. If you missed our Fall Symposium, this podcast will help you to understand what was discussed, and what is being done to help protect our armed forces from sexual violence while in service to their country.
We were joined by Professor Tigran Eldred, a Professor at New England Law | Boston, to discuss his work in behavioral legal ethics. Professor Eldred's scholarship in this area was cited in a landmark legal ethics decision, United States v. Kentucky Bar Association. In addition, he blends this area into his Ethics class at New England Law. Professor Eldred explains the topic, the effect behavioral legal ethics has on lawyers, the United States v. Kentucky Bar Association decision, and his work integrating this field into the classroom.
You can learn more at the behaviorallegalethics.wordpress.com blog which Professor Eldred coauthors.
Today, we are discussing a recent Mass. Crim. Digest blog post on Commonwealth v. Vacher, decided August 14, 2014. The Mass. Crim. Digest, formerly known as the Massachusetts Criminal Digest, was the New England Law Review’s online case-summary database that provided citable, straightforward summaries of recent criminal law cases decided by the Massachusetts Supreme Judicial Court, or SJC. In 2014 the Mass. Crim. Digest was retired, though summaries of cases decided by the SJC under Articles 12 and 14 of the Massachusetts Declaration of Rights are still provided through our editor blog.
We are joined by a Volume 49 Comment and Note Editor, Catherine Flaherty, to discuss her Mass. Crim. Digest blog post about Commonwealth v. Vacher, citation of which is 469 Mass. 425, again decided August 14, 2014. Catherine, thank you for joining me today.
Today, we are joined by Bruce Sunstein, founder and partner at Sunstein Kahn Murphy & Timbers, LLP, to discuss his forthcoming article “How Prometheus Has Upended Patent Eligibility: An Anatomy of Alice Corp. v. CLS Bank.” His Article discusses the Supreme Court’s recent decision in Alice Corp. v. CLS Bank, in which the Court ruled on the patent-eligibility of computer-related inventions, clarifying confusion of the application of the Court’s 2012 Mayo v. Prometheus decision to these inventions. Attorney Sunstein asserts, among other things, that the Alice Court disregards deeply ingrained principles of patent law in its approach to patent eligibility doctrine by considering patent claims generally, rather than addressing claim limitations rigorously. He further criticizes the Alice decision for misconstruing precedent and working against the goals of the patent system.
Today, we are joined by Louisa Gibbs, the New England Law Review’s former Executive Online Editor and a recent graduate of New England Law | Boston, to discuss her Comment entitled “EEOC v. Boh Brothers Construction Co.: Expanding Same-Sex Sexual Harassment Jurisprudence Beyond Sexual Desire,” which will be published in Volume 48, Book 4. Her Comment discusses the Fifth Circuit’s EEOC v. Boh Brothers Construction Co. decision, in which the court found the evidence sufficient to establish Title VII same-sex sexual harassment based on sex stereotyping. She argues that although the Fifth Circuit was ultimately correct, the Court was incorrect in failing to utilize its sister circuits’ views in the decision and, instead, simply focusing on the evidence. She argues that the Fifth Circuit’s analysis would have been much stronger had it addressed or even acknowledged that the Sixth and Ninth Circuits have strong arguments supporting and opposing same-sex sexual harassment. In its shortcomings, the Fifth Circuit therefore failed to provide adequate judicial protections for men subject to same-sex sexual harassment.
Today, we are joined by Professor Steven Morrison, a Visiting Professor of Law at New England Law | Boston, to discuss his two latest pieces of scholarship. The first entitled “Brandenburg for Groups,” which seeks to recover the right to assembly as a core First Amendment right and proposes a test that would protect group activity. The second is entitled “The Membership Crime Origin of the Frist Amendment” and provides a historical overview of the World War 1 era during which time the First Amendment protected the right to assembly the same as it protected speech.