April 16, 2014
AALS Mid-year Meeting on Corporate and Financial Law
Posted by Erik Gerding

A friendly notice about the AALS-Mid-Year meeting on "Blurring Boundaries"...

The AALS Workshop on Blurring Boundaries of Financial and Corporate Law will be held June 7-9 in Washington, DC.

The workshop is designed to explore the various ways in which the lines separating distinct, identifiable areas of theory, policy, and doctrine in business law have begun to break down.  The workshop sessions will focus on: research; teaching; complexity; modern regulatory approaches; innovation; competition; and collaboration in international financial markets; and political dynamics.  A workshop objective is to bring together law faculty representing a variety of financial and corporate disciplines, scholarship traditions and pedagogical practices and perspectives. 

The workshop provides a unique opportunity for faculty members to make connections between their primary fields and other fields in financial and corporate law, making it relevant to a broad spectrum of law scholars and teachers.  Law faculty in all business fields should find the workshop useful to their scholarship and teaching.

If you’re interested in attending, check out the program and register online.  

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February 23, 2014
Riding Off Into the Sunset . . .
Posted by Urska Velikonja

Dear Glommers,

I have thoroughly  enjoyed my brieft stint on The Conglomerate and I look forward to many fun future exchanges. I have a lot more to say about fair funds and securities enforcement, but my time is up. In case you are interested in learning more about the SEC's compensation effort, I have posted my paper "Public Compensation for Private Harm: Evidence from the SEC's Fair Fund Distributions" on SSRN. I welcome any and all comments. Thank you all.

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December 28, 2013
AALS Annual Mtg.: Financial Inst. & Consumer Financial Services/European Law Program
Posted by Erik Gerding

The AALS Section on Financial Institutions & Consumer Financial Services and Section on European Law are pleased to invite you to attend their joint program, Taking Stock of Post-Crisis Reforms: Local, Global, and Comparative Perspectives on Financial Sector Regulation, at the AALS 2014 Annual Meeting in New York City, on Friday, January 3, at 10:30 a.m. – 12:15 p.m.

The program will feature three paper presentations:

  • Arthur Wilmarth (George Washington University), Citigroup: A Case Study in Managerial and Regulatory Failures, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2370131
  • Hilary Allen (Loyola University New Orleans), Why Wall Street Isn’t in Jail: The Unpunishable Moral Failures that Helped Cause the Financial Crisis, and How to Address Them in the Future, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2336678
  • Kazi Sabeel Rahman (Harvard University), Managerialism, Structuralism, and Moral Judgment: Law, Reform, Discourse, and the Pathologies of Financial Reform in Historical Perspective, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2368292

Anna Gelpern (Georgetown) and Robert Hockett (Cornell) will serve as panel discussants, and Peter Lindseth (University of Connecticut) will moderate the discussion.

Immediately following the joint program, at 12:15 p.m. on January 3, 2014, The Section on Financial Institutions & Consumer Financial Services will host a luncheon with keynote remarks by Sean Hagan, General Counsel of the International Monetary Fund. 

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July 08, 2013
Call for Papers: AALS Securities Regulation Section
Posted by Erik Gerding

Call for Papers

AALS Securities Law Section

2014 AALS Annual Meeting, New York

 The AALS Section on Securities Law invites papers for its program on “Global Securities Fraud” for the Annual Meeting, to be held on January 2-5, 2014 in New York.

Topic Description: The panel will explore the procedural and substantive law, as well as settlement practices, for individual suits, class actions and SEC enforcement proceedings alleging fraud in the events leading up to the financial crisis of 2008 and thereafter. Topics can include, among others, the LIBOR rate fixing by major banks, alleged violations of the Foreign Corrupt Practices Act, insider trading, and other scandals.   Participants will explore litigation over securities fraud inside the United States and elsewhere, and it is hoped that at least one paper will address securities fraud from a global perspective.  Papers comparing securities fraud laws in two or more jurisdictions are also encouraged, as are papers focusing only on a single jurisdiction.

Eligibility: Full-time faculty members of AALS member law schools are eligible to submit papers. Pursuant to AALS rules, faculty at fee-paid law schools, foreign faculty, adjunct and visiting faculty (without a full-time position at an AALS member law school), graduate students, fellows, and non-law school faculty are not eligible to submit. Please note that all faculty members presenting at the program are responsible for paying their own annual meeting registration fee and travel expenses.

Submission: 3-4 papers will be selected from this call for papers. There is no formal requirement as to the form or length of proposals. Preference will be given to proposals that are substantially complete papers. However, shorter proposals will also be considered.

Papers will be selected by the Section’s Executive Committee in a double-blind review. Please submit only anonymous papers by redacting the author’s name and any references to the identity of the author. The title of the email submission should read: “Submission 2013 AALS Section on Securities Regulation.”

Please email submissions to the Section Chair Richard Painter at:

rpainter@umn.edu on or before August 25, 2013

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June 12, 2013
Call for Papers: AALS Fin. Institutions & European Law Sections
Posted by Erik Gerding

Call for Papers

AALS Joint Program of the Financial Institutions & Consumer Financial Services Section and the European Law Section

Taking Stock of Post-Crisis Reforms: Local, Global, and Comparative Perspectives on Financial Sector Regulation

AALS Annual Meeting, January 3, 2014

New York, New York

 

    The AALS Section on Financial Institutions & Consumer Financial Services and Section on European Law are pleased to announce that they are sponsoring a Call for Papers for their joint program on Friday, January 3, at the AALS 2014 Annual Meeting in New York, New York.

    The topic of the program and call for papers is “Taking Stock of Post-Crisis Reforms: Local, Global, and Comparative Perspectives on Financial Sector Regulation.” The financial crisis of 2008 was truly a global crisis, and the world continues to face a wide range of post-crisis economic and political challenges. Today, several years after the market turmoil began, both the United States and the European Union are in the midst of major regulatory reforms in the financial services sector. The effects of these financial regulation reforms however, remain unclear. Structural reform in the U.S. is thus far limited to a yet-to-be finalized "Volcker Rule," while in the U.K. and the Eurozone, respectively, Vickers- and Liikanen-style "ring-fencing" remain incomplete if not inchoate. Debate in the U.S. still rages around whether and how smaller "community banks" should be regulated differently from megabanks, while the E.U. continues to debate whether to form a "banking union" at all and, if so, what it might or could entail, given various political constraints. Meanwhile, the U.S. Federal Reserve continues to innovate in the realm of monetary policy in the absence of functional fiscal policy, while the European Central Bank moves furtively toward acting as a full Fed-style central bank capable of backstopping sovereign debt instruments and providing real liquidity. Where might these multiple developments be ultimately heading, and what might the Americans and Europeans learn from each other as they grope tentatively forward? What broader implications do they raise for political accountability and legitimacy in a post-crisis world?

Form and length of submission

     The submissions committee looks forward to reviewing any papers that address the foregoing topics. While the preference will be given to papers with a clearly comparative focus, the committee’s overall goal is to select papers that will facilitate discussion of, and comparisons between, American and European approaches to various aspects of financial services regulation. Potential topics include macro-prudential regulation, consumer protection, monetary policy, regulation and supervision of financial intermediaries, structural reforms, and related issues of political accountability and legitimacy.

    Abstracts should be comprehensive enough to allow the committee to meaningfully evaluate the aims and likely content of papers they propose. Eligible law faculty are invited to submit manuscripts or abstracts dealing with any aspect of the foregoing topics. Untenured faculty members are particularly encouraged to submit manuscripts or abstracts.

    The initial review of the papers will be blind. Accordingly the author should submit a cover letter with the paper. However, the paper itself, including the title page and footnotes must not contain any references identifying the author or the author’s school. The submitting author is responsible for taking any steps necessary to redact self-identifying text or footnotes.

    Papers may be accepted for publication but must not be published prior to the Annual Meeting.

Deadline and submission method

    To be considered, papers must be submitted electronically to Saule Omarova at omarova@email.unc.edu and Peter Lindseth at peter.lindseth@law.uconn.edu.

    The deadline for submission is September 3, 2013.

    Papers will be selected after review by members of a Committee appointed by the Chairs of the two sections. The authors of the selected papers will be notified by September 30, 2013.

    The Call for Paper participants will be responsible for paying their annual meeting registration fee and travel expenses.

Eligibility

    Full-time faculty members of AALS member law schools are eligible to submit papers. The following are ineligible to submit: foreign, visiting (without a full-time position at an AALS member law school) and adjunct faculty members, graduate students, fellows, non-law school faculty, and faculty at fee-paid non-member schools. Papers co-authored with a person ineligible to submit on their own may be submitted by the eligible co-author.

    Please forward this Call for Papers to any eligible faculty who might be interested.

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May 03, 2013
Call for Papers: AALS Section on Insurance Law
Posted by Gordon Smith

“On The Unavoidable Intersection of Torts and Insurance”

The AALS Section on Insurance Law and the AALS section on Tort Law will hold a program On the Unavoidable Intersection of Torts and Insurance during the AALS 2014 Annual Meeting in New York. The program will feature a panel of leading researchers on the intersection of torts and insurance. Panelists scheduled to participate include: Kent Syverud (Washington University School of Law), Tom Baker (University of Pennsylvania Law School), and Nora Engstrom (Stanford Law School). We are looking to add one additional panelist through this Call for Papers. 

Submissions: To be considered, a draft paper or proposal must be submitted by email to Ronen Avraham, Program Chair, at ravraham@law.utexas.edu, and Jennifer Wriggins, Program Chair, at wriggins@maine.edu. A proposal must be comprehensive enough to allow for a meaningful evaluation of the proposed paper. Submissions must be in PDF format.

Deadline: The deadline for submissions is Friday, September 6, 2013. Decisions will be announced by Friday, September 27, 2013.

Eligibility: Full-time faculty members of AALS member law schools are eligible to submit. Faculty at fee-paid law schools; foreign, visiting and adjunct faculty members; graduate students; fellows; and non-law school faculty are not eligible to submit. Papers may already be accepted for publication, provided that the paper will not be published before the AALS meeting.

Expenses: The panelist selected through this Call for Papers will be responsible for paying his or her own annual meeting registration fee and travel expenses.

Inquiries: Inquiries about this Call for Papers may be submitted to the Program Chairs.

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December 18, 2012
AALS Section Meetings: Agency, Partnerships, LLCs and Unincorporated Associations
Posted by Gordon Smith

I will have to return before this meeting, but I wish I could be there for it ...

The Scholarship of Professor Larry Ribstein

    Moderator: Douglas K. Moll, University of Houston Law Center

    Speakers:

    Kelli A. Alces, Florida State University College of Law

    Matthew T. Bodie, Saint Louis University School of Law

    J. William Callison, Partner, Faegre Baker Daniels, LLP, Denver, CO

    Ann Ribstein, University of Illinois College of Law

    Roberta Romano, Yale Law School

    Commentators: Lyman P.Q. Johnson, Washington and Lee University School of Law

    Daniel S. Kleinberger, William Mitchell College of Law

    Jeffrey M. Lipshaw, Suffolk University Law School

    Larry Ribstein was a friend to many and a colleague to all of us in the academy. With his untimely passing, he left behind a pioneering and influential body of work across a vast range of subjects. Our program seeks to honor Larry’s legacy by focusing on his scholarship in the unincorporated area. Our speakers include invited presenters as well as presenters who responded to a Call for Papers on the influence of Professor Ribstein's scholarship.

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AALS Section Meetings: Business Associations
Posted by Gordon Smith

Our own Christine Hurt will be featured in the Business Associations section ...

Business Associations and Governance in Emerging Economies

    Moderator: Brett H. McDonnell, University of Minnesota Law School

    Speakers:

    Virginia Harper Ho, University of Kansas School of Law

    Nicholas C. Howson, The University of Michigan Law School

    Christine Hurt, University of Illinois College of Law

    Kellye Y. Testy, University of Washington School of Law

    Commentator: Jodie Kirshner, University Lecturer, University of Cambridge F aculty of Law, Cambridge, United Kingdom

    Emerging economies such as China, India, and Brazil play an increasingly important role in the world economy. Companies based in these economies face their own particular set of challenges in corporate governance. In some ways these problems are the same as those faced in developed economies, and in some ways they are quite different. The challenges, and solutions to those challenges, also vary among emerging economies. Panelists will discuss those challenges and how participants in emerging economies are meeting them. Some panelists are drawn from a Call for Papers; other panelists will comment upon those papers and use them as a launching point for a general discussion of corporate governance in emerging economies.

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AALS Section Meetings: Transactional Law and Skills
Posted by Gordon Smith

The Section on Transactional Law and Skills is still emerging, but we have another great program this year ...

Researching and Teaching Transactional Law and Skills in an Increasingly Global World

    Moderator: Brian JM Quinn, Boston College Law School

    Speakers:

    Deborah Burand, The University of Michigan Law School

    John C. Coates, IV, Harvard Law School

    Claire M. Dickerson, Tulane University School of Law

    Juliet M. Moringiello, Widener University School of Law

    Marco Ventoruzzo, Pennsylvania State University, The Dickinson School of Law

    Stephen Zamora, University of Houston Law Center

    The business world is facing continuing challenges related to globalism and cross-border open electronic access through the Internet. Many transactions cross national borders and almost all – including traditional goods and services purchase orders and real property transactions – have international significance. Some legal structures have begun to encompass international business supervision and enforcement efforts, while others remain grounded in traditional nation-state-based regulatory systems. As a result of these changes in the market for business transactions, international and comparative law scholarship has broadened to include a robust and growing business transactional element. All of these changes have increased our challenge as legal scholars and instructors in educating our students in the theory, policy, doctrine, and skills that they will need as participants in the transactional business law setting.

    This two-part panel features (1) two academic paper presentations on international, comparative, or cross-border transactional law topics culled from a Call for Papers, and (2) an expert panel of law teachers commenting on the program theme, implemented in a roundtable discussion format with a moderator, focusing on transactional law scholarship and teaching in this current, dynamic business transactional environment.

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AALS Section Meetings: Contracts
Posted by Gordon Smith

I thought I would highlight a few sessions I will be attending at the AALS Annual Meeting in New Orleans. First up, Contracts ...

The Law of Contract or Laws of Contracts?

    Moderator: Thomas W. Joo, University of California, Davis, School of Law

    Speakers:

    Rachel Arnow-Richman, University of Denver Sturm College of Law,

    David A. Hoffman, Temple University, James E. Beasley School of Law

    Robert C. Illig, University of Oregon School of Law,

    Karen E. Sandrik, Willamette University College of Law,

    “There is a story of a Vermont justice of the peace before whom a suit was brought by one farmer against another for breaking a churn. The justice took time to consider, and then said that he had looked through the statutes and could find nothing about churns, and gave judgment for the defendant.” - O.W. Holmes, The Path of the Law.

    This story was meant to ridicule the Vermont justice, but he may have been ahead of his time. This year’s Section program will revisit the perennial and fundamental questions about “contract law” as a legal rubric. Is it preferable to analyze “contracts” as a category, or to disperse contracts into “churn” – like categories, such as sales, consumer protection, employment, family relations, intellectual property, securities, and so on? To what extent does the experience of one type of contract justify generalizations about “contract law”? Conversely, what kinds of contracts implicate context-specific practices, markets, or policy concerns justifying specialized analysis and/or doctrine?

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November 12, 2012
AALS Earlybird Registration Two Days Away: Securities, Financial Institution and Consumer Finance Events
Posted by Erik Gerding

With the earlybird registration deadline for the AALS Annual Meeting in New Orleans two days away, here are two events to put on your calendar:

Friday, January 4th: Joint Program of the Securities Regulation and FInancial Institutions/Consumer Financial Services Section [AALS Code 4160]

The Securities Regulation and Financial Institutions & Consumer Financial Services sections have joined forces to put together a Joint Program on the “The Regulation of Financial Market Intermediaries: The Making and Un-Making of Markets” on Friday, January 4th from 2 pm to 5 pm.

The program will give us a chance to look at the intersection of capital markets and financial institution regulation, a sweet spot that was overlooked until the global financial crisis hit. The program will include a panel of scholars who have been looking at this intersection for quite a while, including, Onnig Dombalagian (Tulane), Claire Hill (Minnesota), Tamar Frankel (Boston University), Donald Langevoort(Georgetown), Geoffrey Miller (NYU), David Zaring (Univ. of Pennsylvania – Wharton School of Business),David Min (UC Irvine and author of How Government Guarantees in Housing Finance Promote Stability) and Kimberly Krawiec (Duke) (Moderator).

The program will also include the following four papers picked from a large response to our Call for Papers:

Saule Omarova (North Carolina) will moderate the call for papers panel.

Saturday, January 5th: Financial Institutions/Consumer Financial Services Lunch [AALS Code 1413]

Our keynote speaker will be Michael Barr of the University of Michigan Law School.  Professor Barr returned to Michigan after serving as Assistant Secretary for Financial Institutions at the U.S. Department of Treasury in the Obama Administration.  Professor Barr was one of the architects of the Dodd-Frank Act.  Anna Gelpern (American Univ.) will introduce Professor Barr.  

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October 05, 2012
AALS Insurance Law Program on Consumer Protection
Posted by Erik Gerding

Conglomerate readers interested in consumer financial protection should check out the Insurance law Section Program at the AALS Annual Meeting on Sunday, January 6th from 10:30 am to 12:15 pm, which will cover consumer protection issues.  Speakers include:

  • Joshua Teitelbaum, Georgetown University Law Center (Moderator); 
  • Shawn Cole, Harvard Business School;
  • Kyle Logue, University of Michigan Law School;
  • Lauren Willis, Loyola Law School (Los Angeles);
  • Daniel Schwarcz, University of Minnesota Law School; and
  • Orly Lobel, University of San Diego Law School
Lauren and Dan both presented papers at a summer workshop here at the University of Colorado Law School on consumer financial protection, so I had a preview of this great line-up.

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October 03, 2012
AALS Financial Institutions/Consumer Fin. Services Lunch – Michael Barr as Keynote Speaker
Posted by Erik Gerding

If you are going to the 2013 AALS Annual Meeting in New Orleans in January, put the Financial Institutions/Consumer Financial Services Lunch on Saturday, January 5th in your calendar.  Our keynote speaker will be Michael Barr of the University of Michigan Law School.  Professor Barr returned to Michigan after serving as Assistant Secretary for Financial Institutions at the U.S. Department of Treasury in the Obama Administration.  Professor Barr was one of the architects of the Dodd-Frank Act.  

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October 02, 2012
AALS Joint Program of Securities Regulation and Financial Institutions & Consumer Financial Services Sections
Posted by Erik Gerding

It is not too early to start thinking about the 2013 AALS Annual Meeting in New Orleans in January. The Securities Regulation and Financial Institutions & Consumer Financial Services sections have joined forces to put together a Joint Program on the “The Regulation of Financial Market Intermediaries: The Making and Un-Making of Markets” on Friday, January 4th from 2 pm to 5 pm.

The program will give us a chance to look at the intersection of capital markets and financial institution regulation, a sweet spot that was overlooked until the global financial crisis hit. The program will include a panel of scholars who have been looking at this intersection for quite a while, including, Onnig Dombalagian (Tulane), Claire Hill (Minnesota), Tamar Frankel (Boston University), Donald Langevoort (Georgetown), Geoffrey Miller (NYU), David Zaring (Univ. of Pennsylvania – Wharton School of Business), David Min (UC Irvine and author of How Government Guarantees in Housing Finance Promote Stability) and Kimberly Krawiec (Duke) (Moderator).

The program will also include the following four papers picked from a large response to our Call for Papers:

Saule Omarova (North Carolina) will moderate the call for papers panel.

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August 08, 2012
Call for Papers Deadline Extended
Posted by Erik Gerding

 

The deadline for the Call for Papers for the AALS Joint-Program of the Securities Regulation and Financial Institutions/Consumer Financial Services Sections has been extended to September 3, 2012.

 

Call for Papers

AALS Joint Program of the Securities Regulation Section and

Financial Institutions & Consumer Financial Services Section

The Regulation of Financial Market Intermediaries:

The Making and Un-Making of Markets

AALS Annual Meeting, January 4, 2013

New Orleans

The AALS Section on Securities Regulation and the Section of Financial Institutions & Consumer Financial Services are pleased to announce that they are sponsoring a Call for Papers for their joint program on Friday, January 4th at the AALS 2013 Annual Meeting in New Orleans, Louisiana. 

The topic of the program and call for papers is “The Regulation of Financial Market Intermediaries: The Making and Un-Making of Markets.”  The financial crisis witnessed numerous market failures involving an array of financial market intermediaries, including banks, broker dealers, and various kinds of investment funds (from money market mutual funds to hedge funds).  The crisis came at the end of a decades-long transformation of the U.S. financial services sector that blurred the boundaries between banking and securities businesses.   During this period a range of new intermediaries emerged and connected individuals and firms seeking financing to investors in capital markets.  At the same time, capital markets became increasingly dominated by financial institutions and other institutional investors.  Intermediaries devised and “made markets” for new and often highly illiquid and opaque financial instruments.  Many of these new markets froze or crashed in the financial crisis.  In response, Dodd-Frank and other financial reforms have imposed a grab bag of new rules on financial intermediaries. 

Yet the effects of these financial reforms remain unclear.  Moreover, policymakers and scholars often disagree about the precise problems that these reforms are meant to address.  For example, the SEC’s headline-grabbing suit against Goldman Sachs over the ABACUS transactions focused on conflicts of interest for large financial conglomerates with different stakes in a transaction.  Meanwhile, other financial reforms have focused on the opacity of pricing in financial markets or on the solvency or liquidity risk faced by intermediaries.

The tangle of potential market failures has led to a range of policy responses.  Often banking and securities scholars seem to look at the same set of market practices through radically different lenses.  Banking scholars focus on solvency crises and banking runs and debate the application of prudential rules on the risk-taking, leverage, and liquidity of intermediaries.  At the same time, securities scholars emphasize the problems of conflicts of interest and asymmetric information.  They then look to the traditional policy tools in their field such as disclosure, fiduciary duties, and corporate governance. 

The dearth of dialogue between these two fields creates the risk of confusion in identifying both problems and solutions for financial intermediaries and the markets in which they operate.  To move the discussion forward, scholars in both fields may have to move outside their comfort zones.  The study of financial institutions cannot be limited to deposit-taking banks.  Similarly, securities regulation involves more than securities offerings and litigation, but the regulation of broker-dealers, investment advisers and funds, and the regulation of trading and markets.     

Form and length of submission

The submissions committee looks forward to reviewing any papers that address the foregoing topics.  Abstracts should be comprehensive enough to allow the review committee to meaningfully evaluate the aims and likely content of papers they propose.  Eligible law faculty  are invited to submit manuscripts or abstracts dealing with any aspect of the foregoing topics. Untenured faculty members are particularly encouraged to submit manuscripts or abstracts.  

The initial review of the papers will be blind.  Accordingly the author should submit a cover letter with the paper.  However, the paper itself, including the title page and footnotes must not contain any references identifying the author or the author’s school.  The submitting author is responsible for taking any steps necessary to redact self-identifying text or footnotes. 

Papers may be accepted for publication but must not be published prior to the Annual Meeting.

Deadline and submission method

 To be considered, papers must be submitted electronically to Erik Gerding at erik.gerding@colorado.edu.  The deadline for submission is SEPTEMBER 32012

Papers will be selected after review by members of a Committee appointed by the Chairs of the two sections.  The authors of the selected papers will be notified by September 30, 2012. 

The Call for Paper participants will be responsible for paying their annual meeting registration fee and travel expenses.

Eligibility

Full-time faculty members of AALS member law schools are eligible to submit papers.  The following are ineligible to submit: foreign, visiting (without a full-time position at an AALS member law school) and adjunct faculty members, graduate students, fellows, non-law school faculty, and faculty at fee-paid non-member schools. 

Please forward this Call for Papers to any eligible faculty who might be interested.

 

 

 

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