Prof. Emily Suski presented on a panel during the AALS Conference on Clinical Legal Education. She presented on “Trusting Public Schools More Than (Some) Families.” Suski was also joined by Davida Finger, Loyola University New Orleans College of Law for a panel on “Defining the Work? Teaching Boundaries Across Clinic Contexts.” The goal of this concurrent session was to explore all of the problems related to boundaries and time, and to offer ways to teach students how to consider these boundary questions in a responsible, thoughtful, transferrable way. It offered a teaching exercise that can be adapted for use in exploring these issues across clinic contexts and helping students to consider these questions and their own answers to them.
Prof. Joe Seiner publishes article “Commonality and the Constitution” in the Indiana Law Journal. This Article further fills a void in the scholarship by establishing a framework for analyzing whether class-action claims satisfy commonality under the Constitution. This paper develops a normatively fair definition of commonality, identifying five core guideposts that should be considered when determining whether a class-action claim complies with due process guarantees.
Library faculty member Eve Ross‘ book review of Locked Down: Practical Information Security for Lawyers, Second Edition has been accepted for publication in Law Library Journal.
Prof. Tessa Davis presented, “A Human Capital Theory of Alimony and Tax,” at the 20th Annual Critical Tax Conference at Saint Louis University Law in April 2017.
Three law professors gave a presentation together at the Southern Clinical Conference. Professors Emily Suski, Anne Eisenberg and Claire Raj presented on “Crashing the Party: Teaching Students to Lawyer Where Lawyers Haven’t Been.”
Prof. Seth Stoughton wrote “Moonlighting: The Private Employment of Off-Duty Officers” in the Illinois Law Review. Moonlighting may be the norm, but as the multitudinous justifications for it, the many issues its raises, and the inconsistency in statutory and administrative regimes suggest, there is a strong need for attention to this area. This Article starts down that path by identifying stakeholders and considerations necessary to the development of professional best practices.
Professors Joe Seiner and Benjamin Means co-authored “Navigating the Uber Economy,” which was published in the University of California Davis Law Review. This Essay argues that the classification of workers as independent contractors or employees should be shaped by an overarching inquiry: how much flexibility does the individual have in the working relationship?
Prof. Tessa Davis presented at Freezing the Future: Fertility, Choice, and Taxing State of the Art of Reproductive Technologies, Junior Tax, at the University of Toronto in June 2017.
Prof. Josh Gupta-Kagan’s article, “The Strange Life of Stanley v. Illinois,” was accepted in the N.Y.U. Review of Law & Social Change (forthcoming 2017). Throughout the article, Gupta-Kagan describes the growth of parent representation through an analysis of Stanley v. Illinois — the foundational Supreme Court case which established parental fitness as the constitutional lynchpin of any child protection case — including its litigation, how family courts applied it (or not) in the years following the Supreme Court’s decision, and a recent resurgence of Stanley’s fitness focus. Stanley’s trial court litigation illustrates the importance of vigorous parental representation, and an effort by the family court to prevent Stanley from obtaining an attorney.