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10/31/2013
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Brooklyn Law School Professor of Law Emeritus Norman Poser is a widely-respected expert in both international and domestic securities regulation and the author of Broker-Dealer Law and Regulation, International Securities Regulation: London’s “Big Bang,” and the European Securities Markets. Before joining Brooklyn Law School’s faculty in 1980, he worked for the American Stock Exchange as Executive Vice President for Legal and Regulatory Affairs and Senior Vice President of Policy Planning and Government Relations. Professor Poser also served as Assistant Director of the Division of Trading and Markets of the United States Securities and Exchange Commission. He has worked as a consultant and expert witness on a wide variety of matters, including engagements in connection with securities litigations and arbitrations for the New York State Attorney General, the World Bank, the Organization of American States, the United States Agency for International Development, the Securities and Exchange Commission, and several prominent securities exchanges.

Lord Mansfield

Prof. Poser recently published Lord Mansfield: Justice in the Age of Reason available in the BLS Library’s International Collection (Call # KD621.M3 P68 2013). The book is the first modern biography of Lord Mansfield (1705–1793). In it Prof. Poser details the life and times of the great 18th-century judge and statesman, whose legacy continues to have a unique influence on Anglo-American law and society. The son of a minor Scottish nobleman who skirted charges of treason, Mansfield rose through English society to become a member of its ruling aristocracy, confidential advisor to two kings, and friend to statesmen, poets, artists, actors, bishops, soldiers, and members of the nobility. His extraordinary political career – both before and during his unprecedented 32-year tenure as Chief Justice of England – offers a portrait of a fascinating era.

On Wednesday, November 7, 2013 at 6pm in the Subotnick Center at 250 Joralemon Street, there will be a Book Launch followed by a Reception. Those wanting to attend this event are urged to RSVP online at www.brooklaw.edu/mansfield before Tuesday, November 5. There is no charge for this event. Copies of the book will be available for purchase. Earlier this month, the Wall Street Journal published a review of Prof. Poser’s book. The review can be found at this link.

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10/24/2013
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On Tuesday, October 29, Brooklyn Law School will present a panel discussion, Good Council: Representing Brooklyn in the Law School’s Moot Court Room, 250 Joralemon Street. The event will run from 6:00 to 7:30. Featured speakers include incumbent NYC Council Member Stephen Levin who represents District 33 which includes Brooklyn Heights, Greenpoint; parts of Williamsburg, Park Slope, Boerum Hill.  Others panelists include former Council Member who have represented this district since 1975: Ken Fisher, Esq., Cozen O’Conner; Hon. Abraham Gerges, Kings County Supreme Court; and David Yassky, Chair of the Taxi & Limousine Commission.  Admission is free, but registration at this link must be made before Friday, October 25.

Brooklyn Law School Professor David Reiss will moderate the event that will focus on the history of the district and the public policy conflicts the panelists have faced in representing it. The panelists will focus on how government responds to dynamic change, the limits of governmental action, and initiatives that have shaped the district to be at the heart of the new Brooklyn.

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10/21/2013
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Umbrella

For when New York City has more rain than shine…umbrellas are back and available to borrow in the library! We have been fortunate enough to receive replacements for the original Bloomberg umbrellas, courtesy of LexisNexis. There are currently 6 umbrellas that can be checked out from the library’s Circulation Desk for 24 hours. So the next time you see rain pouring down as you leave class for the day, stop by and borrow one – you can bring it back the next day.

In addition to umbrellas, remember that we have lots of useful things available to borrow besides books – USB drives, laptop locks, headphones, and dry erase markers. If you have suggestions for other items you might be interested in having available for loan in the library, please let us know.

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10/21/2013
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On October 10, 2013, a group of 17 graffiti artists, who operate 5Pointz, a “graffiti Mecca” in Long Island City, NY where aerosol artists from around the globe paint colorful pieces on the walls, filed a 39-page Complaint in the US District Court for the Eastern District of New York against real estate developer G&M Realty LP. The complaint, titled Cohen et al. v. G&M Realty LP et al. seeks an injunction preventing the defendant from demolishing and redeveloping the property. The three counts of the Complaint allege that the proposed demolition would violate the rights of the plaintiffs under the Visual Artist Rights Act of 1990, as well as their contractual rights with the defendant, and the easement rights of the lead plaintiff, Jonathan Cohen. On October 9, 2013, G&M Realty got approval from the New York City Council to demolish the 200,000-square-foot factory building in order to build housing towers in its place. For more on the story, see the NY Times article from earlier this month.

5 Pointz

”Aerosol artists have traveled from as far away as Kazakhstan, Australia, Japan and Brazil for the opportunity to paint their works of visual art on 5Pointz,” the complaint states. “5Pointz is listed in every major guidebook covering New York City, and is included in over 100 international travel guides as well.” According to the Complaint, 5Pointz has been a fixture in Long Island City since 1993 when the owner allowed aerosol artists to create pieces on the walls of five lots in Long Island City. In 2002, the lead plaintiff Jonathan Cohen became a curator and manager of the buildings as collective canvases.

The 5Pointz exhibit has garnered multiple news and art features in the press, examples of which were submitted as exhibits to the complaint. There have been numerous movies and TV programs about 5Pointz over the past two decades, and corporations like Donna Karan have used images of the exhibit as backdrops in advertisements. The defendant property owners have put together a plan to raze the old factories and build two residential towers that would be higher than zoning ordinance in the area would normally permit. The buildings would have 1,000 rental apartments, 30,000 square feet of public space and 50,000 square feet of retail space, according to the developers. Cohen contends that hundreds of original and famous artworks will be lost to the demolition.

The case is pending in Brooklyn’s Federal Court before Judge Frederic Block who heard oral argument on October 17, 2013 on plaintiff’s motion for an order to show cause seeking a preliminary injunction. After the hearing, Judge Block granted a temporary restraining order against the developer landlords from tampering with the building. The Court’s decision to grant a 10-day restraining order is the first step toward getting a permanent injunction.

In her law review article, Defining Fashion, Interpreting the Scope of the Design Piracy Prohibition Act, 73 Brooklyn L. Rev. 728 (2008), Elizabeth F. Johnson, Brooklyn Law School Class of 2008, discussed the Visual Artists Rights Act (“VARA”). She cited Phillips v. Pembroke Real Estate, 459 F.3d 128 (1st Cir. 2006), as an example of how courts have narrowly interpreted an aesthetic term defined in a statute. In that case, a sculptor brought suit seeking to prevent the destruction of his “public sculpture park” relying in part on VARA which protects “work[s] of visual art” against destruction in certain circumstances. The court held that VARA did not protect the park as a whole, taking a formalistic approach in finding that the park was not “visual art” under VARA.

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10/14/2013
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Last week the United States Supreme Court unveiled its calendar for the upcoming year. While the issues argued and decided may not bring the same level of national attention as same-sex marriage and the Affordable Care Act, the Court will be deciding several controversial issues.  Those issues concern legislative prayer, campaign finance, affirmative action, and recess appointments. Other important procedural issues scheduled for argument include personal jurisdiction, venue, removable class actions, and abstention.

To stay on top of the High Court,  follow the legal news sources below.

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10/11/2013
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Brooklyn Law School Dean Nicholas Allard recently sat down with Bloomberg Law’s Lee Pacchia for an interview. In the 13 minute interview, Dean Allard said that law schools need to find ways to cut the expense of merit scholarships, which they “use to buy students . . . with high LSATs” to improve the schools’ US News rankings. The money would be better spent on scholarships for students with financial need, he says. See the  video of the interview below:

 

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10/03/2013
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Listen to this episode on BrooklynWorks.

This podcast features a conversation with Brooklyn Law School Professor of Law Nelson Tebbe who teaches courses on constitutional law and religious freedom and other subjects. Professor Tebbe and University of Virginia Law Professor Micah Schwartzman posted on SCOTUSblog an entry entitled Symposium: The puzzle of Town of Greece v. Galloway.  It concerned the U.S. Supreme Court’s acceptance of a petition to hear its first legislative prayer case in 30 years involving the town of Greece, New York which has been holding Christian prayers, typically conducted by local ministers, at town meetings since 1999. In a unanimous decision, the 2nd US Circuit Court of Appeals decided that the prayer practice was unconstitutional. The case is the first legislative prayer case the Supreme Court’s decision in Marsh v. Chambers in 1983, which upheld the constitutionality of government funding for chaplains.

In the conversation, Professor Tebbe also discusses the upcoming symposium, Religious Freedom and Equal Treatment: An International Look, scheduled for Friday, October 11, 2013 (9:00 am – 4:30 pm) and Saturday, October 12, 2013 (9:00 am – 2:00 pm) at Brooklyn Law School’s Subotnick Center, 250 Joralemon Street in Brooklyn, New York. The conference will focus on how legal systems address threats to religious freedom, as well as the use of religious liberty claims to limit equal treatment. Distinguished global experts from the academic and advocacy communities will discuss legal and advocacy challenges in different parts of the globe; offer new theoretical and doctrinal approaches to the potential conflict between these most fundamental individual rights; broaden the academic debate and develop new advocacy strategies; and build lasting cross-border networks among academics and advocates. The conference is open to everyone. Those interested in attending can RSVP here.

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10/02/2013
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lunch_and_learn_with_knife_and_forkto register for the Library’s upcoming Lunch and Learn programs.

There is still room for the following sessions –

October 16:   Statutory Research

October 23:   Apps for Legal Research: Westlaw, Lexis, HeinOnline, Fastcase

October 30:   Using Law Reviews for Research

Unfortunately, the October 9 Case Law Research session is sold out.

Please join us for the remaining sessions.  Lunch will be provided.

See you then.

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