Advocacy, Citations, and Expert Testimony

On October 26, Nadine Strossen testified before the U.S. Senate Health, Education, Labor and Pension Committee, in a hearing entitled “Exploring Freedom of Speech on Campus,” which was covered by C-SPAN (co-panelists were University of Chicago President Robert Zimmer, Southern Poverty Law Center President Richard Cohen, and Middlebury political science professor Allison Stanger).

Nadine Strossen has also been invited to testify before the U.S. Senate Health, Education, Labor, and Pensions Committee on October 26 at a hearing about free speech issues on college campuses.

On August 22, Jeffrey Haas deposed Madonna Ciccone (a.k.a. “Madonna”) at the law offices of Proskauer LLP in midtown Manhattan. The deposition related to the Material Girl’s lawsuit over ownership of a letter rapper Tupac Shakur wrote to her while he was prison.

On July 27, Nadine Strossen testified at a U.S. House of Representatives hearing on “Challenges to Freedom of Speech on College Campuses.” The hearing was held by the Subcommittee on Intergovernmental Affairs and Subcommittee on Health Care, Benefits, and Administrative Rules. To watch Nadine’s testimony, click here.

Jacob Sherkow’s work on inter partes review proceedings at the U.S. Patent and Trademark Office has been featured in a special report on Bloomberg’s Life Sciences Law & Industry Report.

Ron Filler was listed as a contributor to the report on “Financial Regulation —  Complex and Fragmented Structure Could Be Streamlined to Improve Effectiveness,” issued by the U.S. Government Accountability Office (“GAO”)

Richard Friedman won his most recent appeal in the Superior Court of New Jersey Appellate Division.  In New Jersey, an unpublished appellate decision is not binding but it is persuasive.

In the Matter of the Civil Commitment of D.M. provides a concise review of relevant law.  The decision also is “guided in part by W.H.” another of my appellate victories.

Michael Perlin is one of a group of federal courts and sentencing scholars who has signed on to an amicus brief on behalf of petitioner in Welsch v. United States, seeking retroactive application of Johnson v. United States, 135 S. Ct. 2551 (2015), that had held that imposing an increased sentence under the Armed Career Criminal Act’s residual clause violates due process (February 2016).

The Civil Rights Clinic, with Deborah Archer as Clinical Professor, filed a brief in the Fifth Circuit in Fairley, et al. v. Hattiesburg, Mississippi, et al. The case is a challenge under Section 2 of the Voting Rights Act to Hattiesburg, Mississippi’s redistricting plan for its City Council wards. After a trial, the district court found for the defendants. In this appeal, the clinic is lead counsel for a group of Black Hattiesburg voters. Oral arguments will likely be at the end of the semester. Molly Mauck, Sherbune PaulNicole Mozee, and Togtokh Ganzorig co-authored the brief (February 2016).

Art Leonard and Carlin Meyer are part of a group of 106 labor and employment law professors nationwide who submitted a petition to the National Labor Relations Board asking the Board to engage in rule-making on the subject of “captive audience speeches” held by employers during NLRB-supervised secret ballot unionization votes. The petition suggests a rule under which employers would have to give the union equivalent time to address the workers if the employer maintains a rule banning union solicitation during work times. Violation of the equivalent-time rule could lead to setting aside the election result and running a new election. Another co-signer of the petition is former NYLS faculty colleague Seth Harris, who served as Deputy and Acting Secretary of Labor in the Obama Administration and is now a faculty member of the Cornell University Industrial & Labor Relations School (January 2016).