Professor Sundahl Publishes Op-Ed in Space News

Professor Mark Sundahl has published an op-ed in SPACE NEWS titled “The Success of Artemis Hinges on NASA’s Commitment to Competition.” Professor Sundahl argues that NASA should not rely solely on one company to implement the Human Landing System (HLS), but should grant a second award for the HLS program to ensure ongoing healthy competition. He states, “Our capitalist system, defined by healthy competition, is the greatest advantage that the United States has as other countries, including China and Russia, jostle in space for geopolitical supremacy.”

Professor Sundahl is the director of C|M|LAW’s Global Space Law Center.

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Professor Ray and Cybersecurity Center Advisory Board member Kirk Nahra Publish in the Seton Hall Law Review

Professor Brian Ray and Cybersecurity Center Advisory Board member Kirk Nahra each published articles in the most recent edition of the Seton Hall Law Review. Ray’s article, Just Plain Dumb?: How Digital Contact Tracing Apps Could’ve Worked Better (And Why They Never Got the Chance), discusses how digital contact tracing apps failed in the US and recommends reforms to improve the use of digital tools in pandemic response. Nahra’s piece, The Past, Present, and Future of U.S. Privacy Law, examines the brief history of US privacy law and identifies governing principles and key issues that any federal privacy law should address.

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Professor Ray Quoted in Crain’s on Cyber Risk

Professor Brian Ray was quoted several times discussing ransomware, the need for training and cyber risk insurance in Crain’s Cleveland Business annual Cybersecurity edition.

Professor Ray is the Leon M. and Gloria Plevin Professor of Law and director of C|M|LAW’s Center for Cybersecurity and Privacy Protection.

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Professor Plecnik Graduates from Ohio Public Leadership Academy

Professor John Plecnik recently completed the week-long Ohio Public Leadership Academy at the Glenn College at Ohio State University.  The Academy is a bipartisan program for rising public officials created by the Ohio General Assembly and Ohio State for leadership training. Professor Plecnik serves as a County Commissioner for Lake County.

Professor Plecnik stated, “The opportunity to network and learn from leaders across Ohio is invaluable and I was personally grateful for the chance to meet the Director of the Ohio Department of Public Safety and tour the Ohio Emergency Operations Center, learn crisis management from a retired Major General and head of the Ohio National Guard, and talk policy with the Assistant Director of the County Commissioners Association of Ohio.”

Below is a picture of the attendees at the Ohio Public Leadership Academy. Professor Plecnik is in the top left.

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Katz Presents on Course Design at AALS New Teachers Workshop

Legal Educator in Residence Howard E. Katz made a presentation on Course Design at the AALS Workshop for New Law Teachers on June 3. The conference, normally held in Washington D.C., was on zoom this year. The session, conducted with Dean Michael Hunter Schwartz of McGeorge School of Law, addressed such topics as transparency, sequencing of material, decisions about coverage, assessment, and coursebook selection. Howard also facilitated two small group discussions with attendees, and hosted a session for new Contracts professors.  

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Professor Oh Discusses Critical Race Theory in Radio Interview

Professor Reginald Oh was featured in a radio interview on “Attitude with Arnie Arneson” on July 8. The show is hosted by New Hampshire’s WNHN and is broadcast nationally. Professor Oh discussed his recent article on Critical Race Theory published in the Washington Monthly.

A link to the recording is here: https://www.wnhnfm.org/the-attitude-w-arnie-arnesen

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Sagers in Leading International Media on Antitrust News

Chris Sagers, the James A. Thomas Professor Law, spoke with the Financial Times, the prominent French news organ L’Express, and the Japanese business magazine Nikkei, on Amazon’s surprise effort last week to remove new Federal Trade Commission Chair Lina Kahn from antitrust investigations of the company.

Sagers was also quoted in a deep-dive analysis in Fortune magazine of the failed merger of Visa and Plaid, a fintech combination that raised very interesting and uncertain antitrust issues and was successfully opposed by the Trump administration. 

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Professor Oh Publishes Essay on Critical Race Theory

Professor Reginald Oh has published an article titled “An Academic Theory Has Become the 21st Century’s Willie Horton” in the Washington Monthly. In the article, Professor Oh argues that “the Right is exploiting Critical Race Theory (CRT) to trigger explicit and implicit racial biases about what it deems to be dangerous, radical African American ideologies.”

Professor Oh contends that “the attacks on CRT are based on Big Lies that castigate complex legal scholarship as absolutist, dogmatic ideology laying out a programmatic blueprint for laying waste to the American social order.”

Professor Oh identifies four general themes of CRT scholarship:

  • “First, CRT is committed to achieving racial equality and justice.”
  • “Second, CRT seeks to achieve its broad goals of racial justice and equality by embracing the full complexity of race, racism, and social reality.”
  • “A third general feature of CRT is careful, nuanced analysis,” characterized by a “more thoughtful and introspective” voice.
  • “Fourth, CRT emphasizes nonviolence, community building, and even friendship.”

Professor Oh argues readers to familiarize themselves with the actual content of CRT scholarship. He concludes that “defending CRT is ultimately about defending truth and democracy.”

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Professor Kalir Notes on the Qualified Immunity Paradox for the Federal Bar Association Newsletter

The recent Federal Bar Association Northern District of Ohio Newsletter featured a short Note from Clinical Professor of Law, Doron Kalir. The Note, titled “The Qualified Immunity Paradox and the Sixth Circuit Moderwell Opinion,” discusses the requirement of “clearly-established law” which a plaintiff needs to show in order to overcome a qualified immunity defense.

This requirement – in essence, asking a plaintiff to show that someone else in their shoes has already prevailed in similar circumstances – may lead to an infinite regression paradox:  Assume, for example, that a police officer continuously places his knee on the neck of a restraint suspect, who is also handcuffed, for eight minutes and 46 seconds, causing the suspect’s death; assume, in addition, that this set of “particular circumstances” has never occurred before. How, then, could a § 1983 plaintiff prevail over a qualified immunity defense in such circumstances? 

The Note discusses this paradox and the ways in which the Supreme Court, and now the Sixth Circuit, have begun to resolve it. The Note can be found on pages 8-10 of the Newsletter.

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Professor Sagers on Growing Democracy Podcast

Chris Sagers, the James L. Thomas Professor of Law, was featured on a recent episode of Growing Democracy, a podcast produced by the Growing Democracy Project at Kent State University. Hosts Ashley Nickels and Casey Boyd-Swan, policy scholars at Kent, discussed with Sagers how federal antitrust might fit as a component of improving American democracy and political participation.

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