SEALS Scholarship Committee Panel Spotlight
July 21, 2024
Remedies Discussion Forum: Remedies in the Social Media Context This discussion group explored hot topics related to remedies in the social media context as well as remedies intersecting with jurisdictional issues. We welcomed newcomers interested in teaching and writing about remedies. The first speaker was Professor Jorge Contreras, The University of Utah S.J. Quinney College of Law, who presented a forthcoming article, Reconsidering the Patent Jurisdiction of the International Trade Commission. Professor Contreras emphasized several of the flaws of the ITC’s unique jurisdiction including duplicative proceedings with no estoppel effect and equitable relief rulings that are inconsistent with eBay. He explored suggestions for remedial reforms but ultimately questioned whether ITC patent jurisdiction should be altogether abolished. Next up, Professor Caprice Roberts, Louisiana State University Paul M. Hebert Law Center, mentioned a forthcoming publication on Algorithmic Erasure, exploring remedies used in government enforcement actions in the social media context. Professor Roberts then presented a draft article, Manufactured Standing, which explores high-low settlements in federal appellate litigation that threaten abuse of judicial process by manipulating justiciability doctrines for broader litigation goals such as circuit court splits. Third, Professor Vanessa Zboreak, Jacksonville University College of Law, explored an ongoing project at the intersection of the dormant commerce clause and the right to remedy for potential users of media is overly regulated as purportedly obscene. Others circulated works included Professor Jonathan Cardi (Wake Forest Law), Should Nonpecuniary Damages Be Adjusted According to Plaintiffs’ Cost of Living?; Professor Cortney Lollar (Georgia State Law), Criminal Restitution Report; Professor Marc Roark (Tulsa Law), Real Property Transactions in the Network Society: Platform Real Estate, Housing Hactivism, and the Re‑scaling of Public and Private Power.
The discussion would not have been so generative without the thoughtful contributions of our audience including Professors Vince Cardi (WVU Law), Mark David Cole (Luxembourg Law), Mitch Crusto (Loyola New Orleans), Nick Davrados (LSU Law), Nia Johnson (Duke Law), Layne Keele (Samford), Petra Lea Láncos (Catholic University, Law & Political Science, Hungary), John Parsi (LSU Law), Professor Keesha Turner Roberts (Widener University Delaware Law), Chris Roederer (Dayton), Saurabh Vishnubhakat (Cardozo Law), and Editor Elizabeth Dobkowski (Aspen Managing & Acquisitions). Thanks to all. We look forward to seeing these articles in print and to our next Remedies Discussion Group in Amelia Island.