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2018 ABA Annual Meeting
Friday, August 11
The Legacy of Justice Thurgood Marshall: Celebrating the 50th Anniversary of His Historic Appointment to the U.S. Supreme Court
In 1967, President Lyndon Baines Johnson nominated and the United States Senate confirmed then-Solicitor General Thurgood Marshall to the United States Supreme Court as an associate justice. Arguably, no member of the U.S. Supreme Court had as illustrious a legal career as an advocate before the Supreme Court as Justice Thurgood Marshall. Just as important, Justice Marshall changed the course of American history, and his legal career, both on the Court and before it, and helped redefine the meaning of fundamental principles of American law, such as equal protection and due process. Nearly 50 years after his appointment to the Supreme Court, this panel will highlight Justice Marshall’s legacy, by focusing on stories of and about Justice Marshall’s work before he became a Supreme Court justice, and his work on the Court as an associate justice.
Moderator: Ira M. Feinberg, former law clerk to Justice Marshall, Hogan Lovells LLP, New York, NY
Speakers: Susan Low Bloch, former law clerk to Justice Marshall and Professor of Law at Georgetown University, Washington, D.C., Sheryll D. Cashin, former law clerk to Justice Marshall, author of The Agitator’s Daughter, The Failures of Integration, Place Not Race and the forthcoming Loving: Interracial Intimacy in America and the Threat to White Supremacy, and Professor of Law at Georgetown University, Washington, D.C., Gilbert A. King, author of Devil in the Grove: Thurgood Marshall; the Groveland Boys; and The Dawn of a New America, New York, NY
Saturday, August 12
Trump v. the Press and the First Amendment: Fake News, Government Leak Investigations, Alleged Biased Media Coverage, Trump’s SLAPP Libel Suits, and his Pledge to “Open Up the Libel Laws”– Will the First Amendment Survive?
President Trump says “the press is the enemy of the American people,” and has engaged in a campaign to delegitimize the media. He has said he wants to prosecute leakers and maybe journalists, and make American libel law more plaintiff-friendly.
- Is the president undertaking a purposeful strategy to weaken the First Amendment and the media?
- Will he succeed in using his social platforms to circumvent the oversight of the Fourth Estate?
- Should American libel law remain different from the rest of the world’s?
- Does libel law work when it comes to outrageous charges and counter-charges by or against public figures?
- What is President Trump’s record in the seven defamation suits he has brought?
- Do anti-SLAPP laws prevent lawsuits whose purpose is to chill speech and financially drain political enemies?
- What to do about the public’s–and the President’s–use and misuse of “fake news?”
- Is the media biased for calling a lie a lie?
Moderator: George Freeman, Media Law Resource Center, New York, NY
Speakers: Floyd Abrams, Cahill Gordon & Reindel LLP, New York, NY, Tom Clare, Clare Locke LLP, Washington, DC, Laura Lee Prather, Haynes & Boone LLP, Austin, TX, David Walsh, The Sunday Times, Dublin, Ireland
- Outline: The First Amendment, The Media and The New Administration
- Outline: Defamation
- Code of Ethics
- 9 Top First Amendment Experts React to White House Press Briefing Ban on CNN, NYT, Others
- The History of Protections for the Media and Newsgathering
Issues of Sexual Violence on College Campuses and Beyond: Balancing Privacy, Constitutional, and Civil Rights
This program will address what sexual violence is and how colleges and universities approach these issues. Sexual violence on college campuses presents complex and often dueling administrative issues including those involving the First Amendment, civil rights, Title IX, and reputational risks. Legal experts struggle to determine policies for public and private colleges and universities to decrease the occurrence of campus sexual assaults, prevent their recurrence, and address their effects. Socioeconomic, cultural, and even geographic differences can play a role in our attitudes toward these issues and in identifying appropriate responses by the colleges and universities.
Moderator: Jennifer M. Mone, Hofstra University, New York, NY
Speakers: Nancy Chi Cantalupo, ABA Commission on Domestic & Sexual Violence Project on Improving Campus Student Conduct Processes for Domestic, Dating, Sexual and Stalking Violence, Barry University School of Law, Orlando, FL, Jeannie Suk Gersen, Harvard Law School, Cambridge, MA, Andrew T. Miltenberg, Nesenoff & Miltenberg LLP, New York, NY, Lynn Hecht Schafran, Legal Momentum, New York, NY, Jane Sovern, The City University of New York, New York, NY, Tina Tchen, former Executive Director of the White House Council on Women and Girls and former Chief of Staff to First Lady Michelle Obama, Washington, D.C.
- Table of Contents: Issues of Sexual Violence on College Campuses and Beyond: Balancing Privacy, Constitutional and Civil Rights
- Judges Tell: What I Wish I Had Known Before I Presided in an Adult Victim Sexual Assault Case
- Medical Forensic Sexual Assault Examinations: What Are They, and What Can They Tell the Courts?
- Resources for Violence Against Women and the Courts: Fact Sheets on Sexual Violence from the National Judicial Education Program for the National Center for State Courts
- The Undetected Rapist & A Reponse to the Undetected Rapist Order Form
- Resources on Sexual Assault and the Intersection of Sexual Assault and Domestic Violence
- Related Resources on Campus Sexual Assaults
- PowerPoint: The Civil Rights Approach to Campus Sexual Violence
- The First Report of the White House Task Force to Protect Students From Sexual Assault
- The Second Report of the White House Task Force to Protect Students From Sexual Assault
- Title IX & The Preponderance of Evidence: A White Paper
- The City University of New York Policy on Sexual Misconduct
- The City University of New York Policy on Equal Opportunity and Non-Discrimination
- The City University of New York Sexual Harassment, Gender-Based Harassment, and Sexual Violence Curriculum
- The City University of New York Drug/Alcohol Use Amnesty Policy
- CUNY Procedures for Implementing Reasonable Accommodations and Academic Adjustments
- CUNY Bylaws: Article XV Students
- CUNY Domestic Violence and the Workplace Policy