Evan Caminker, the Branch Rickey Collegiate Professor of Law and dean emeritus, was quoted in the Chicago Tribune about lawyers who have emerged as U.S. Supreme Court confidants.
Martha S. Jones, associate professor of history, chair of U-M's Department of Afroamerican and African Studies, and codirector of the Michigan Law Program in Race, Law & History, was featured on the C-Span program, "Lectures in History: Female Slaves and the Law," on Dec. 6. She also penned a Huffington Post blog, "From Michael Stewart to Michael Brown: A Reflection on #Ferguson October."
Yale Kamisar, the Clarence Darrow Distinguished University Professor of Law Emeritus and Professor Emeritus of Law, was presented with four military service medals, which he earned during the Korean War, at a small ceremony at the Law School on Nov. 23. U.S. Senator Carl Levin presented Prof. Kamisar with the Purple Heart Medal, the Presidential Unit Citation, the National Defense Service Medal, and the Republic of Korea-Korea War Service Medal. He qualified for the medals while serving as an Army second lieutenant in the battle at T-Bone Hill. Although Prof. Kamisar earned the Purple Heart Medal and Presidential Unit Citation, the medals were never issued.
Richard Primus, the Theodore J. St. Antoine Collegiate Professor of Law, was quoted in The Economist about Harvard being under fire for its admissions policy.
Margaret Jane Radin, the Henry King Ransom Professor of Law, was quoted in a Slate.com article about end-user license agreements.
Margo Schlanger, the Henry M. Butzel Collegiate Professor of Law, was mentioned in the Salon piece, "'Is the law good, is the law bad?' Why the NSA debate over legality is so misguided."
David Uhlmann, the Jeffrey F. Liss Professor from Practice and director of the Environmental Law and Policy Program, was quoted in the Houston Chronicle about DuPont's declining safety record.
By Amy Spooner
In an increasing number of doctors' offices and hospitals, patient histories are taken via fingers on a keyboard instead of pens on paper. Doctors consult charts on an iPad, not in a manila folder. Kristen Rosati, '90, is a leader in helping the industry harness the power of digital health information in a manner that protects patient privacy.
"Some patients are nervous about the privacy implications of electronic health records, but digitizing health information positions the industry to advance research, improve the quality of medicine, and reduce the cost of care," she said.
Rosati is immediate past president of the American Health Lawyers Association, the nation's largest educational organization devoted to health care legal issues. She is known nationally for her work in "big data," as it is known, in health care, and is a frequent speaker and writer on this ever-evolving area of the law.
Rosati first dove into national health policy when the Health Insurance Portability and Accountability Act of 1996, commonly known as HIPAA, was enacted. She has been heavily involved in policy work involving HIPAA, health information exchange, and electronic health records. More recently, she is helping clients—mostly health systems and academic medical centers—navigate the Patient Protection and Affordable Care Act. With the Act's push to coordinate care across legally separate health care providers, Rosati helps establish the rules for exchanging electronic health information across these new clinical networks.
"Coordinating care offers a real promise of reform in the way health care is delivered," she said. "We are unlocking ways to more effectively study how health care is provided and find better ways to do it."
But the price can be vulnerability to data breaches. One of Rosati's clients was hacked this summer, resulting in a breach of 4.5 million patients' information. "With a breach of this scope, you have to determine reporting obligations under both federal and state laws where providers are located, to ensure patients understand their information potentially has been compromised and educate them about available protections," she said. She recognizes that the health care industry faces a substantial challenge to protect electronic health information. Although the industry is tackling security issues aggressively, "you can't be sure that the guys on the other side aren't one step ahead."
Another large part of Rosati's practice involves advising clients on repurposing health information for research. Health care providers routinely provide de-identified patient data to support research, and Rosati helps her clients ensure they have sufficient rules to make certain that no one can match the data back to individuals. Privacy advocates want to mandate patient consent to use even de-identified data, but Rosati says this is the wrong approach. "It would shut down the use of big data in health care because it's not feasible to get consent from millions of people. And it's not necessarily protective of individual privacy because some people sign anything that's put in front of them." She said a better tactic is to pass a federal law prohibiting the re-identification of individuals in data sets, which would "allow us to continue to use de-identified electronic health information for incredibly important public purposes."
One such purpose is tracking whether FDA-approved drugs are safe. New drugs are approved after clinical trials that involve a relatively small sample size of people, most of whom are not taking other drugs. Therefore, possible adverse reactions of a new drug might not emerge until they are introduced into a larger population. Rosati cites lawsuits related to Vioxx, which was approved after clinical trials but later pulled because of serious adverse reactions in the larger population. "Using big data across many institutions and patients can help find early warnings that may affect to whom a drug is prescribed or whether it should be on the market at all," said Rosati, who is an adviser to the FDA's Sentinel Initiative, an effort to create a national electronic network to monitor product safety.
For Rosati, the work is the perfect career match. She started in Michigan's Inteflex program to become a doctor, but ultimately chose law school when she realized health policy interested her more than sutures and surgeries. "Health care policy affects everyone," she said. "And it's always changing. We deal with major new laws on a regular basis, so even a young attorney can be an expert and make a huge impact. I've never been bored."
You've been following current events, and so have Michigan Law students and faculty. From Ferguson to domestic violence in the NFL to Detroit's next steps following bankruptcy, these topics and more were discussed at the Law School during the fall semester. Visit our newsroom for highlights of these and other events.
If you haven't visited Michigan Law's Alumni and Friends website recently, we invite you to take a look. Our refreshed site offers increased emphasis on alumni stories and streamlined navigation. Bookmark us and visit often for the latest alumni news and upcoming events.
Looking for the perfect holiday gift? Give the gift of maize and blue. The Law School and the M Den make it easy to purchase specialized Michigan Law apparel online through the MLaw Marketplace. A percentage of all sales on both MLaw Marketplace and the general M Den website (when it's accessed through MLaw Marketplace) comes back to the Law School to help support the activities of our student groups.
Michigan Law's Student Funded Fellowships (SFF) Program provides grants to students who take unpaid public interest internships during their 1L summers. SFF is an entirely student-run organization and needs your help. Please consider making a tax-deductible gift at www.mlawsff.org.
Dec. 19: Senior Day
Jan. 2: American Association of Law Schools Reception, Washington, D.C.
By Lori Atherton
Constitutional law scholar and longtime Michigan Law faculty member Richard Primus has been named the Theodore J. St. Antoine Collegiate Professor of Law. The newly endowed professorship was created with significant support from alumni in gratitude for Prof. St. Antoine's influence on their careers.
Prof. Primus said he was "surprised and delighted" to learn of his appointment to the St. Antoine chair. "When I first arrived at Michigan as a junior faculty member, my office was next to Ted's," Prof. Primus said. "He took me to lunch, gave me my first Michigan football ticket, and was unfailingly welcoming to me. Ted is a beloved figure at the Law School, and the professorship means a lot to me."
Prof. Primus joined the Law School in 2001 and teaches Introduction to Constitutional Law I and II, Equal Protection, and Problems in Constitutional Theory. A popular teacher among students, he has received the L. Hart Wright Award for Excellence in Teaching four times, most recently in 2011.
His writing and research focus on the history and interpretation of the U.S. Constitution, for which he received a Guggenheim Fellowship in Constitutional Studies in 2008. His current work involves analyses of the uses and limits of originalism in constitutional interpretation, the line between permissible and impermissible forms of race-conscious government behavior under both the Fourteenth Amendment and statutory antidiscrimination law, and the role in the constitutional system of the idea that Congress, unlike state legislatures, can act only on the basis of specifically enumerated powers.
"The enumerated-powers idea is Con Law 101," Prof. Primus said. "Every law student learns it, and people take it very seriously. Just think of the recent fight over the individual mandate in the Affordable Care Act, in which people asked whether there is anything that Congress can't do if it can require people to buy health insurance. But there is an enormous gap between the way that idea is traditionally discussed and the realities of federalism, constitutional history, and constitutional text. My job is to bring those realities more prominently into view. And I'm very glad to be able to do so now as the St. Antoine Professor, because Ted has always been a wonderful example of a scholar who understands that law and legal scholarship must live in the world of practical reality."
By Lori Atherton
Sam Bagenstos, the Frank G. Millard Professor of Law, argued before the U.S. Supreme Court Dec. 3 on behalf of plaintiff Peggy Young in the pregnancy discrimination case Young v. United Parcel Service. He was widely quoted about the case, including in The New York Times: "What went wrong here is that UPS did not treat Peggy Young as it did any other valued employee," in Bloomberg: "UPS argued they couldn't accommodate pregnant workers because it would violate their collective bargaining agreement and because it would be too burdensome. It turns out that those aren't obstacles to accommodating pregnant workers at UPS," and on NBC News: "[If the pregnancy anti-discrimination law means anything], it must mean that when an employee seeks an accommodation or benefit due to her pregnancy, she is entitled to the same accommodation that her employer would have given her otherwise." For an analysis of the case, read SCOTUSblog.com.
By Katie Vloet
The University of Michigan Law School, the Chinese University of Hong Kong's (CUHK's) Centre for Financial Regulation and Economic Development, and the Lieberthal-Rogel Center for Chinese Studies (LRCCS) at U-M will bring together some of the world's top experts in the public and private enforcement of corporate and securities law at a Dec. 13–14 conference in Hong Kong. The conference marks a significant milestone in global academic engagement by Michigan Law, as well as an occasion to examine the most critical issues affecting globalized capital markets and China's domestic legal system.
"Public and Private Enforcement of Corporate and Securities Law—China and the World," to be held at the Sha Tin campus of CUHK, will feature keynote remarks by the Hon. Jed Rakoff of the U.S. District Court of the Southern District of New York and Alexa Lam, JP, deputy chief executive officer and member of the Board Securities and Futures Commission of Hong Kong. In addition to the participation of seven Michigan Law faculty, the conference will feature papers presented by academics and officials from the United States, Canada, the United Kingdom, France, Germany, Italy, China, Hong Kong, Taiwan, Singapore, Korea, India, and Japan.
"This conference is a wonderful opportunity to explore critical issues pertaining to the protection of property rights under law, via both private and public enforcement, and in China and across the globe, in a truly comparative manner. It also directly showcases Michigan Law's unique strengths in U.S. and foreign corporate and securities law," said Nicholas C. Howson, professor of law at Michigan and a conference co-organizer with CUHK Professor Robin Huang Hui. "We are delighted to partner with CUHK and our own LRCCS to convene this unprecedented academic conference, which we expect will result in a published volume."
The organizers' shared vision for the conference, Prof. Howson said, is to bring together top academics and state officials from around the globe and inside China "to engage in a truly comparative discourse about public and private enforcement of these critically important norms in different national jurisdictions and across borders." Conference papers will address related issues in a specific jurisdiction or issue area, so that participants who specialize in the contemporary Chinese legal system can explore how these issues are considered abroad, and academics who do not specialize in Chinese law can gain greater insight into similar developments in China. "At just the moment China is once again undertaking wholesale amendment of its securities law, rather than celebrating the fact or possibility of convergence, we aim to understand ongoing divergence, and the reasons for it, even in the embrace of increasingly globalized capital markets," Prof. Howson said.
In addition to Prof. Howson, an expert in Chinese corporate and securities law, six other Michigan Law professors will present papers at the conference: Dean Mark D. West, the Nippon Life Professor of Law and an expert in Japanese corporate and securities law; Michael S. Barr, the Roy F. and Jean Humphrey Proffitt Professor of Law and a former assistant U.S. Treasury secretary for financial institutions and key participant in the drafting of the Dodd-Frank statute; Vikramaditya Khanna, the William W. Cook Professor of Law and an expert in Indian corporate and securities law; Hwa-Jin Kim, William W. Cook Global Law Professor at Michigan and a professor of law and business at Seoul National University School of Law, and perhaps the ranking expert in Korean corporate and securities law; Adam C. Pritchard, the Frances and George Skestos Professor of Law, a renowned expert in U.S. securities regulation; and Mathias W. Reimann, the Hessel E. Yntema Professor of Law, a comparativist who recently stepped down as editor-in-chief of the American Journal of Comparative Law. In addition, Professor Wang Liming, China People's University vice president, China People's Law School dean emeritus, and a former Michigan Law research scholar (1989-1990), will present at the conference on an enhanced private right of action in Chinese securities lawsuits.
By Jenny Whalen
The jet lag had barely worn off when Hana Damore arrived from China for Michigan Law orientation, but already the 1L was planning her return to Asia.
Having spent the previous two years teaching English in China, Damore knew she wanted to spend her 1L summer at a local firm abroad. Persistence, Internet research, and an extensive international alumni community ultimately led her to a nine-week internship at DFDL Legal and Tax Services in Thailand.
The experience proved so incredible that Damore has been working with Michigan Law's Center for International and Comparative Law, Office of Career Planning, and Office of Development and Alumni Relations to make similar opportunities available for other 1L and 2L students.
"Internships overseas are difficult to establish," Damore said. "It's a different system of law and, depending on the country, there are different explanations for what an internship actually is. In my search, I was relying on the fact that there was a partner out there able to understand what I was asking for and make the idea work."
Michigan Law's International Summer Firm Internship (ISFI) program intends to streamline this process by partnering with local law firms abroad and establishing the internship criteria in advance. The program, which is open to 1L and 2L students, will be offered for the first time during the summer of 2015.
"The International Summer Firm Internship has been an amazing collaborative effort," said Assistant Dean for International Affairs Roopal Shah. "When Hana Damore presented the idea at the end of her 1L year, we were moved by her willingness to use her own experience to identify and create more international summer job opportunities for other Michigan Law students."
Shah added that she and other program organizers are particularly grateful to the Michigan Law alumni and friends who have made the program's first year of summer internships possible at their firms abroad. One of these is Schinders Law in China, where 2002 Michigan Law graduate Henry Liao serves as managing partner.
"Henry is very grateful for the education he obtained at Michigan Law and is pleased to contribute in return to the development of other Michigan Law graduates," Schinders Law said in a statement. "Michigan Law is one of the best schools in the United States. We believe the candidates for this program will be very skillful, diligent, and reliable, and will surely add value to our firm, too."
Other local firms participating in the 2015 program include Advocacia Ferreira Neto, Brazil; DFDL Legal and Tax Services, Thailand; Guerrero Olivos Novoa y Errázuriz, Chile; Maciel, Norman & Asociados, Argentina; and Samvad Partners, India. For more on this year's firm partners and internship descriptions, visit the ISFI program website.