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Empirical Studies in Intellectual Property

Joan B. Kroc Institute for Peace & Justice at the University of San Diego

This conference provided practitioners with an overview of the data and empirical analysis available from the U.S. Patent & Trademark Office, the federal courts, academia, and private industry. The session included a series of panels and presentations by prominent Federal Circuit and local judges, corporate and law firm counsel and academics. Several IP professors presented the results of their latest studies on patent examination and litigation, and panels made recommendations on the types of data and studies that practitioners, judges and clients would like to see offered in the future.

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Industry, Practitioner, and Judicial Perspectives on Empirical Legal Studies in IP

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Empirical Research in IP at the U.S. Patent & Trademark Office

• Dr. Stuart Graham

Academic Presentations in Empirical Legal Studies in IP
(Part I)

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Academic Presentations in Empirical Legal Studies in IP
(Part II)

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Why War Won't Go Away

By Victor Davis Hanson, Martin and Illie Anderson Senior Fellow at the Hoover Institution

Neither modern sophistication nor high technology has changed the principles of conflict—given that war is a wholly human enterprise and human nature is largely unchanging. A review of some 2,500 years of wisdom about why wars start, the manner in which they are conducted, and how they end would remind us, of the modern age, that, despite our denials, we are mostly no different from those who warred in the past.

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Tales of Fraud and Corruption:

"Corporate Governance in Emerging Markets"

Cynthia Richson, Co-director or the Center for Corporate & Securities Law at USD School of Law, moderated a panel of experts including William F. Browder and Robert P. Smith. The panel discussed the risks and rewards of investing in emerging markets such as Russia and Turkey.

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26th Nathaniel L. Nathanson Memorial Lecture

“Fundamental Questions about the Religion Clauses: Reflections on Some Critiques”
By Kent Greenawalt, University Professor, Columbia University

Greenawalt discussed the nature of reasoning about basic moral, political, and constitutional issues, the relevance of relying on religious perspectives in addressing the religion clauses and the defensibility of justifications. He also discussed the legal standards that rely on multiple considerations and the wisdom of judges deferring to the political branches in this domain of constitutional law.

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Where is Corporate and Securities Litigation Headed Post–Crisis?

Hosted by the Center for Corporate and Securities Law, panelists Brian R. Cheffins, William Lerach and Frank Partnoy discussed trends in the aftermath of the financial crisis, including the changes in the nature and extent of state court filings in Delaware and the approaches taken in recent federal securities class action lawsuits against major financial institute.

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Second Annual Climate & Energy Law Symposium

The symposium explored various regulatory approaches being proposed and adopted to reduce greenhouse gas emissions. Panels discussed how innovative policy instruments such as emissions trading and carbon taxes complement, displace and otherwise interact with traditional regulatory approaches.

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Pre-Symposium Workshop

Explored how California’s environmental protection laws, such as the California Environmental Quality Act, affect the permitting and siting process for energy projects that could help California achieve its ambitious greenhouse gas reduction targets.

Pre-Symposium Workshop Keynote Address

John Geesman – Co–chair, American Council on Renewable Energy and former California Energy Commissioner (2002–2008)
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Siting Energy Projects in California: Finding the Balance Panel

Ken Alex – Senior Assistant Attorney General, State of California
V. John White – Executive Director, Center for Energy Efficiency and Renewable Technology
Jeffrey Durocher – Wind Permitting Manager, Iberdrola
John McKinsey – Partner, Stoel Rives LLP
Moderator: John Lormon – Partner, Procopio, Cory, Hargreaves & Savitch LLP
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Main Symposium

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Keynote

Jody Freeman – Professor of Law, Harvard University; former White House Counselor for Energy and Climate Change
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Markets for Emissions Reductions: Cap & Trade and Beyond Panel

David M. Driesen – University Professor, Syracuse University
Kevin Kennedy – Assistant Executive Officer, Office of Climate Change, California Air Resources Board
Lesley K. McAllister – Associate Professor of Law, University of San Diego
Michael Wara – Assistant Professor of Law, Stanford University
Moderator: Thomas R. Brill – Director, Corporate Regulatory Policy, Sempra Energy
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Climate Change and Tax Law Panel

Reuven S. Avi–Yonah – Irwin I. Cohn Professor of Law, University of Michigan
David G. Duff – Professor of Law, University of British Columbia
Roberta Mann – Professor of Law, University of Oregon
Walter Wang – Founder and Managing Director, Sunflower Tax, LLC; Adjunct Professor of Law, University of San Diego
Moderator: Karen C. Burke – Warren Distinguished Professor of Law, University of San Diego
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Instrument Choice Over Time: Stability vs. Ossification Panel

Leslie Carothers – President, Environmental Law Institute
Holly Doremus – Professor of Law, University of California, Berkeley
Richard J. Lazarus – Justice William J. Brennan, Jr., Professor of Law, Georgetown University; and the Stanley Legro Professor in Environmental Law, University of San Diego
Robert A. Wyman, Jr. – Partner, Latham & Watkins LLP
Moderator: John H. Minan – Professor of Law, University of San Diego
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Originalism Works–in–Progress Conference

Joan B. Kroc Institute for Peace & Justice at the University of San Diego

Hosted by the Center for the Study of Constitutional Originalism, the Works–in–Progress Conference provided opportunity to present and discuss seven new works concerning originalism.

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Conference Introductory Remarks

USD School of Law Professor Michael Rappaport opens the conference.
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First Paper

• Presentation: Kurt Lash (Loyola Law School and University of Illinois), “The Origins of the Privileges or Immunities Clause, Part I: ‘Privileges and Immunities’ as an Antebellum Term of Art”
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• Commentary: John Harrison (University of Virginia)
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• Discussion: Moderated by Donald Dripps (University of San Diego)
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Second Paper

• Presentation: Randy Barnett (Georgetown University), “Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment”
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• Initial Commentary: Michael Kent Curtis (Wake Forest University)
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• Discussion: Moderated by Miranda McGowan (University of San Diego)
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Third Paper

• Presentation: Jack Balkin (Yale University), “Why Original Meaning?”
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• Initial Commentary: Thomas Merrill (Columbia University and Yale University)
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• Discussion: Moderated by Yale Kamisar (University of San Diego)
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Fourth Paper

• Presentation: Jim Fleming (Boston University), “Are We All Originalists Now? I Hope Not!”
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• Commentary: Keith Whittington (Princeton University)
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• Discussion: Moderated by Michael Rappaport (University of San Diego)
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Fifth Paper

• Presentation: Thomas H. Lee (Fordham University), “Originalism and the Foreign Affairs Constitution”
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• Commentary: Jack Rakove (Stanford University)
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• Discussion: Moderated by Maimon Schwarzschild (University of San Diego)
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Sixth Paper

• Presentation: Garrett Epps (University of Baltimore), “The Citizenship Clause: A Legislative History”
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• Initial Commentary: Michael Ramsey (University of San Diego)
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• Discussion: Moderated by Steve Smith (University of San Diego)
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Seventh Paper

• Presentation: Lawrence B. Solum (University of Illinois), “The Interpretation – Construction Distinction”
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• Commentary: Larry Alexander (University of San Diego)
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• Discussion: Moderated by Laurence Claus (University of San Diego)
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2010 Corporate Director’s Forum Pre–Conference

“Legal Issues in the Year Ahead: What Directors and General Counsel Need to Know”

Featuring Professor Frank Partnoy, University of San Diego School of Law
Watch the inaugural event of the School of Law’s new Center for Corporate and Securities Law. National corporate law expert Professor Partnoy is joined by Vice Chancellor Leo E. Strine, Jr., of the Delaware Court of Chancery, Darren J. Robbins of Coughlin Stoia Geller Rudman & Robbins LLP and Koji Fukumura of Cooley Godward Kronish LLP. Discussions include what to expect in corporate regulation and litigation in the coming year.

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