News 34 - College of Law

Quadrangle profiles Illinois Scholars at Risk program

Quadrangle, the magazine of the College of Liberal Arts and Sciences, profiled the Illinois Scholars at Risk program in its Spring 2024 issue. The profile highlights the work done by the program, chaired by Professor Colleen Murphy. The program offers assistance to scholars who face danger at home, and the Illinois group has brought seven scholars to campus from Afghanistan, Cameroon, Guatemala, Lebanon, and Ukraine. “It is incredibly rewarding to see colleges and departments from across campus support colleagues from across the globe facing acute risks and to hear from scholars about the difference the program has made in their lives,” Murphy said.

Read the full profile in the Spring 2024 issue.

U.S. Bankruptcy Court cites Brubaker in decision denying dismissal of asbestos case

Fall view of Illini Union from north of Green Street.

The United States Bankruptcy Court Western District of North Carolina recently denied a motion to dismiss the bankruptcy of companies implicated in asbestos liability cases, citing and quoting from several articles by Professor Ralph Brubaker. The case involves Texas Two-Step mass-tort bankruptcy, a topic in which Brubaker has researched and published extensively. The decision cites to and quotes from “On the Nature of Federal Bankruptcy Jurisdiction: A General Statutory and Constitutional Theory,” from the William & Mary Legal Review; “Explaining Katz’s New Bankruptcy Exception to State Sovereign Immunity: The Bankruptcy Power as a Federal Forum Power,” from the American Bankruptcy Institute Legal Review; and “The Texas Two-Step and Mandatory Non-Opt-Out Settlement Powers,” in the Harvard Law School Bankruptcy Roundtable.

Read the decision online.

Amar, Mazzone, and Shapiro author article on Disney’s speech-retaliation case

In early 2024, a federal district court judge dismissed a lawsuit filed by the Disney Corporation against Florida officials for alleged retaliation against Disney’s opposition to certain Florida laws and policies by altering the board that regulates the land where Disney World is located. Professors Vikram Amar, Jason Mazzone, and Lena Shapiro collaborated in an article for Justia Verdict examining the complex constitutional issues raised by this decision. “If government is trying to retaliate against you because of your past speech, doesn’t that violate your First Amendment rights regardless of whether the retaliation takes the form of speech regulation itself?” the professors wrote.

Brubaker receives Lawrence P. King Award from Commercial Law League of America

Professor Ralph Brubaker has received the Lawrence P. King Award for Excellence in the Field of Bankruptcy by the Commercial Law League of America. Below is the text of the press release announcing the award.

Commercial Law League of America Announces 2024 Lawrence P. King Award Recipient

Rolling Meadows, IL, February 29, 2024 – The Commercial Law League of America (CLLA) and its Bankruptcy Section are pleased to announce that they will present the Lawrence P. King Award to Ralph Brubaker at the National Conference of Bankruptcy Judges (NCBJ) in Seattle, WA on September 19, 2024.

The King Award: Each year, the Executive Council of the Commercial Law League’s Bankruptcy Section presents the Lawrence P. King Award to recognize a lawyer, judge, teacher, or legislator who exemplifies the best in scholarship, advocacy, judicial administration, or legislative activities in the field of bankruptcy. The award is designed to recognize the lifetime achievements of Professor King, which include contributing to the practice of bankruptcy law through teaching, by working to elevate the profession and through bankruptcy-related legislative activities.

This year’s recipient — Ralph Brubaker — is the James H.M. Sprayregen Professor of Law at the University of Illinois, where he teaches courses in bankruptcy, bankruptcy procedure, corporate reorganizations, federal courts, conflict of laws (private international law), contracts, and restitution. Professor Brubaker has three degrees from the University of Illinois, including his J.D. summa cum laude and an M.B.A., and he received Bronze Tablet distinction (highest honors) and C.P.A. certification as an undergraduate. He clerked for Judge James K. Logan of the United States Court of Appeals for the Tenth Circuit, and he practiced in the bankruptcy and corporate reorganization group with the law firm Squire, Sanders & Dempsey (now Squire Patton Boggs) in Cleveland, Ohio. Professor Brubaker was a member of the faculty at the Emory University School of Law in Atlanta, Georgia from 1995 until 2004, when he returned to his alma mater.

Professor Brubaker is the Editor-in-Chief and a contributing author for West’s Bankruptcy Law Letter, he is co-author of a bankruptcy casebook, and he has written dozens of journal articles and essays. He is particularly expert in the complex jurisdictional and procedural facets of federal bankruptcy proceedings. Professor Brubaker has been an editorial advisor for the American Bankruptcy Law Journal, the American Bankruptcy Institute Law Review, and the Emory Bankruptcy Developments Journal. He is a member of the American Law Institute, a Conferee of the National Bankruptcy Conference, and a Fellow of the American College of Bankruptcy, for which he has been the Scholar-in-Residence.

Professor Brubaker has served on the executive committee of the board of directors of the American Bankruptcy Institute (ABI), and he was a member of the advisory committee on business enterprise sales for the ABI’s 2014 Commission to Study the Reform of Chapter 11.

New paper from Sherkow available for download

The famous system of breaking down legal analyses into ordered subparts, Issue-Rule-Analysis-Conclusion, needs an updated focus on the last part, according to Professor Jacob Sherkow. In his new paper, available for download on SSRN, he argues that lawyers need to be experts in conclusions, writing “good conclusions – clear, reasonable, workable, plausible, probable conclusions – are the product of a variety of skills one hopes law students develop during their studies, including case synthesis as tested by the IRAC method and its siblings.”

Read his full defense of conclusions on SSRN.

Mazzone organizes conference at Harvard Law School on SCOTUS history and tradition

On February 17–18, 2024, the College of Law’s Program in Constitutional Theory, History and Law co-sponsored a conference at Harvard Law School on the Supreme Court’s uses of “history and tradition” in determining the existence and scope of constitutional rights. The conference, organized by Program Director Professor Jason Mazzone and Richmond Law Professor Kurt Lash, brought together leading constitutional scholars to present papers that will soon be published in the Harvard Journal of Law and Public Policy. Judge Kevin C. Newsom of the U.S. Court of Appeals for the Eleventh Circuit was the keynote speaker, and in his remarks he offered a vigorous criticism of invocations of tradition in interpreting the Constitution. The New York Times has reported on the conference and on the challenges that Judge Newsom’s keynote raised.

Wilson selected as Fulbright Fellow

Robin Fretwell Wilson has been selected as a Fulbright U.S. Scholar for the academic year 2024-2025. She will spend the year in Lisbon, Portugal at the NOVA School of Law. The Fulbright Program is appropriated by the U.S. Congress annually with goal of developing international understanding and establishing open communication and long-term cooperative relationships. As a Fulbright participant, Professor Wilson will have the opportunity to work collaboratively with international partners and engage with diverse communities.

Keenan shares tips for AI search prompts with the ABA Journal

Generative artificial intelligence is a new tool that can offer robust results, but users must master the art of crafting effective search prompts to yield relevant responses. The ABA Journal spoke with legal experts, including Professor Patrick Keenan, and found that clear objectives, specificity, and context are crucial in forming prompts that guide AI to provide focused and pertinent information, such as legal standards and jurisdictional considerations. Prompt chaining and continuous refinement enhance AI’s output, allowing lawyers to extract useful insights, but selecting the appropriate AI tool aligned with the task’s requirements is equally important.

Read the full article online.

The Guardian quotes McDade on “Hotel California” lyric sheet case

You can check out, but never leave the Hotel California, or so the song’s lyrics state; when the original lyrics sheet, penned by Don Henley and Glenn Frey, was taken from the artists, it was not checked out and now it is the center of a legal battle. Almost 50 years after the song’s release, the trial’s focus revolves around the disputed ownership of over 80 pages of draft lyrics from the Eagles’ blockbuster 1976 album, with Henley expected to testify, offering insights into the band’s creative process and the song’s profound impact on rock music history. Professor Travis McDade, the country’s foremost expert on crimes against rare books, maps, documents, and other printed cultural heritage resources, shared his insight with The Guardian in their article about the case.

Lawless quoted by ABC on financial penalties imposed upon former President Trump

Judge Arthur Engoron dealt a significant legal and financial blow to former President Donald Trump’s business empire, including a staggering $355 million fine and temporary removal of Trump and his sons from business leadership roles. Professor Robert Lawless, speaking to ABC News, explained what may happen to Trump and his businesses if his appeal fails to limit the fines imposed by Engoron, including limited access to capital, increased oversight, and the possibility of forced asset sales. Trump’s ongoing legal battles, including the recent civil suit payout to E. Jean Carroll, could exacerbate his financial difficulties, with bankruptcy offering little respite due to the non-dischargeable nature of legal fines.

Read the full article on the ABC News website.