University of Illinois College of Law Faculty Accomplishments

Professor Brubaker a panel leader for ALI-ABA vedeo webcast.

Wed, 16 May 2012 14:00:00 GMT

Ralph Brubaker will be a panel leader for an ALI-ABA video webcast, "What Every Bankruptcy Lawyer (and Judge) Needs to Know About the New Restatement of Restitution and Unjust Enrichment" on Wednesday, May 30, 2012, 1-3 pm ET.

Legal Issues in the News

Mon, 14 May 2012 14:00:00 GMT

On May 14, 2012, Jay Kesan was featured on WILL'AM's "Legal Issues in the News." He explains the cybersecurity related bills that are in varying stages of the legislative process.

Professor Kesan published in Harvard Journal of Law & Technology

Mon, 14 May 2012 14:00:00 GMT

Professor Jay Kesan and co-author Carol M. Hayes published "Mitigative Counterstriking: Self-Defense and Deterrence in Cyberspace" in the Harvard Journal of Law & Technology. 25 Harv. J.L. & Tech. 415 (2012).

Professor Benson Interviewed About President Obama's Support of Same Sex Marriage

Thu, 10 May 2012 14:00:00 GMT

Today's News:
A Minute With…
from the UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN

5/10/12

SAME-SEX MARRIAGE: A MINUTE WITH U. OF I. LAW PROFESSOR SARA R. BENSON

Editor’s note: Sara R. Benson, an expert on sexual orientation and the law, spoke with News Bureau business and law editor Phil Ciciora about the ramifications of President Obama’s support for same-sex marriage.

Now that the president has publicly affirmed his support of same-sex marriage, what (if anything) happens next? Will there be a renewed push to pass the Respect for Marriage Act, which would repeal the 1996 Defense of Marriage Act?

On a national level, most of the same-sex marriage fight is taking place on the state level, and will largely continue on a state-by-state basis until the court cases that address the issue reach the Supreme Court. President Obama has already publicly stated that he will no longer enforce DOMA, but he has not necessarily encouraged any steps to repeal the law. So pushing for a repeal of DOMA would be a logical step toward recognition of same-sex marriage at the federal level. However,with so many state constitutional bans of same-sex marriage in place, a repeal would be largely symbolic at this point.

In supporting same-sex marriage, is the president acknowledging that legal civil unions are an insufficient solution to the problem?

Yes. Civil unions are, by definition, not marriage. They create a separate legal stratosphere for same-sex couples and, as such, have been challenged in the courts as violating equal protection. Just as separate but equal schools were held to be unconstitutional in Brown v. Board of Education in 1954, civil unions are not a valid substitute for marriage today. President Obama could have said that he supports civil unions, but he did not. By stating that he supports same-sex marriage in particular, he is noting that civil unions are no substitute for marriage.

Is this truly a watershed moment, akin to Lyndon B. Johnson publicly supporting civil rights in 1964, or pure political calculation with what has been happening recently in states like North Carolina, where voters approved a state constitutional amendment banning same-sex marriage?

This is the first time a president of the United States has publicly stated his support for same-sex marriage. Yes, it is a momentous occasion. Same-sex marriage is not universally popular, so his stance actually cuts against political strategizing, particularly with the looming elections. In fact, 31 states have enacted constitutional amendments banning same-sex marriage. President Obama’s stance,then, may actually be politically unpopular. However, it is a moment when the president is making a strong statement to his citizens that he will not tolerate discrimination, and that is something to be celebrated.

Professor Verity Winship presented "Bargaining for Exclusive State Jurisdiction" at the Murphy Conference on Corporate Law at Fordham Law School.

Tue, 08 May 2012 14:00:00 GMT

Professor Winship presented her article "Bargaining for Exclusive State Jurisdiction" at the Eugene P. and Delia S. Murphy Conference on Corporate Law at Fordham Law School in May 2012. The panel focused on multi-jurisdictional merger litigation, which the conference identified as an emerging issue in corporate governance.

Professor Garoupa published in American Law and Economics Review

Mon, 30 Apr 2012 14:00:00 GMT

Professor Nuno Garoupa and co-authors Pablo Vázquez and César Alonso-Borrego published "Does Immigration Cause Crime? Evidence From Spain" in the American Law and Economics Review. 14 Am. L. & Econ. Rev. 165 (2012).

Professor Brubaker published in American Bankruptcy Law Journal

Mon, 30 Apr 2012 14:00:00 GMT

Professor Ralph Brubaker published "A 'Summary' Statutory and Constitutional Theory of Bankruptcy Judges' Core Jurisdiction After Stern v. Marshall" in a symposium issue of the American Bankruptcy Law Journal. 86 Am. Bankr. L.J. 121-89 (2012) (refereed journal).

Professor Kesan published in I/S: A Journal of Law and Policy for the Information Society

Mon, 30 Apr 2012 14:00:00 GMT

Professor Jay Kesan and co-author Rajiv Shah published "Lost in Translation: Interoperability Issues for Open Standards" in I/S: A Journal of Law and Policy for the Information Society. 8 I/S: J. L. & Pol'y for Info. Soc'y 119 (2012).

A Minute With...

Thu, 26 Apr 2012 14:00:00 GMT

An interview with Professor Jay Kesan dealing with the balance between Internet freedoms and cybersecurity appears in the "A Minute With..." feature on the campus home page: http://illinois.edu/lb/article/72/62705/page=1/list=list?skinId=1643