News 39 - College of Law

Johnson & Johnson facing uphill battle on bankruptcy, Brubaker tells Bloomberg

Johnson & Johnson’s attempts to use the bankruptcy of its subsidiary, LTL Management LLC, to settle claims that its talc-based products, like baby powder, caused cancer have failed once again, this time in US Bankruptcy Court for the District of New Jersey. In an article on Bloomberg Law, Professor Ralph Brubaker explained that the company’s first attempt to use bankruptcy, which was thrown out by the US Court of Appeals for the Third Circuit, makes an appeal on the second attempt very unlikely “to get much traction.”

Read the full story from Bloomberg Law.

News-Gazette pens detailed feature on Dean J. Sharpe

After his appointment as dean of the College of Law, Jamelle Sharpe was the subject of a feature in the Champaign News-Gazette. The profile begins with his path to a legal career, starting as an undergrad at New York University, and works through his time in private practice, culminating in his professorship at Illinois alongside his wife, Nicola. More than just a recounting of his professional life, however, the profile also includes a great deal of personality, including his love of movies and the New York Yankees. The feature concludes with a bit of detail on Sharpe’s plans for the future of the College of Law, offering a little teaser as to how this story will continue to develop.

Read the full feature on the News-Gazette website.

Sherkow quoted in New York Times article on Henrietta Lacks’ cells

Her cells are “immortal,” and so, it seems, is the legal battle over ownership of those cells. In an article about a recently settled lawsuit brought by the family of Henrietta Lacks, the woman whose cells were used without her knowledge or consent in research that helped develop treatments for many diseases, the New York Times quoted Professor Jacob Sherkow on the legal questions at the center of the case. The case revolved around the assumption that Lacks owned her body and any cells from it, but the property laws over cells are not as clear. “People think that because they have autonomy over their physical body, that means they have a, quote, property interest in it. That is just bluntly wrong,” Sherkow said, contradicting what might be considered common understanding.

Brubaker joins Bloomberg Intelligence podcast

Professor Brubaker speaks during a live podcast recording at the College of Law

Dating to his days in practice, Professor Ralph Brubaker has long held an interest in mass torts and bankruptcy that has developed into a rich and rewarding scholarly career. He shared his expertise in a feature interview on the Bloomberg Intelligence FICC Focus podcast, speaking in depth about what makes bankruptcy so appealing to defendants and corporate tortfeasors’ persistent efforts to exploit Chapter 11 protections.

Listen to the full interview on Spotify.

Block Club cites Shapiro on legal issues of anti-abortion protests

Chicago’s “bubble ordinance” is meant to protect patients from harassment or unwanted solicitation any time they are within a 50-foot radius from the entrance of a medical facility. Protesters’ escalating behavior, particularly in front of facilities that provide abortion services, has led Ald. Bill Conway (34th) to propose a quiet zone in these areas. Professor Lena Shapiro, director of the First Amendment Clinic, spoke to Block Club about this issue and the balance necessary to maintain the right to protest with protections for patients.

Shapiro discusses removing social media posts on WGN

“The internet never forgets” is a popular saying used as a way to warn individuals against sharing too much information on social media. However, when something is removed from social media, is it a violation of an individual’s First Amendment rights? Director of the First Amendment Clinic, Professor Lena Shapiro, joined WGN’s “Let’s Get Legal” to discuss this, the Biden administration and public platforms, and more.

Listen to the full show on WGN.

303 Creative decision upholds power of the First Amendment, Shapiro writes

Commenting on the Supreme Court case 303 Creative LLC v. Elenis, Professor Lena Shapiro writes that the decision is an “unexpected champion for First Amendment liberties.” Her opinion article, written for the Student Press Law Center, pushes back against the narrative that the decision—in which the Court sided with a website designer who refused to create websites for same-sex couples, citing religious convictions—will allow individuals a license to discriminate. To the contrary, she writes, the decision is “about the freedom not to speak when the message doesn’t resonate with one’s beliefs.”

Keenan discusses AI in the classroom with 2Civility

In the past year, advances in artificial intelligence have made the technology more than a curiosity. Today, AI chatbots can participate in logical conversations or write code and image-creation software can create hyperrealistic “photos” from a simple prompt. While these tools can be a great benefit to users, they exist in a gray area of law school academic policies and honor codes. Professor Patrick Keenan spoke about his class policy regarding generative AI use and how he aims to help students understand the tools without abusing them.

Hunter and Mazzone share stories of SCOTUS background research on podcast

Ionic column at the Smith Memorial Hall.

When an individual is nominated to a spot on the Supreme Court, the confirmation process requires a remarkable amount of background work. In fact, it is common for each piece of published material ever produced by the candidate to be scrutinized during confirmation, requiring a number of experts to assist the elected representatives in the process. On the Lost in the Stacks podcast, Professors Pia Hunter and Jason Mazzone share engaging and humorous stories of their work assisting in the confirmation of Justice Ketanji Brown Jackson.

Listen to the full episode online.

First Amendment Clinic joins amicus brief in O’Connor-Radcliff v. Garnier

The First Amendment Clinic, led by Professor Lena Shapiro, is listed among the counsel on an amicus brief submitted to the Supreme Court in the case of O’Connor-Radcliff v. Garnier. The case, one of two regarding social media that will be heard by the Court next term, centers on whether a governmental body (in this case a school board) violates individual First Amendment rights by blocking users on social media. The brief, which was submitted by First Amendment Clinics from law schools at Arizona State, Duke, and Vanderbilt in addition to Illinois, argues that public access to government social media accounts is most protective of First Amendment freedoms.