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Friday November 19th, 2010

Government Speech: The Government’s Ability to Compel and Restrict Speech Panel One – Government Control of School Curricula and Law Clinics


Judith Lipton, Co-Director, Milton A. Kramer Law Clinic Center, Case Western Reserve University School of Law


Peter Joy, Vice Dean & Henry Hitchcock Professor of Law, Washington University School of Law

Adam Babich, Tulane University Law School

Jonathan L. Entin, Case Western Reserve University School of Law

Friday November 19, 2010, 9:00 a.m.-4:15 p.m.

Sponsored by the Case Western Reserve University Law Review

The 2010-2011 Law Review Symposium will address limits on government speech and the government’s ability to claim speech as its own in both restricting and compelling speech. Panels will examine 1) the intersection between government speech and the establishment clause (with a focus on the implications of Salazar v. Buono); 2) the extent to which the government can control school curricula and restrict the work of law school clinics; 3) the extent to which the government can compel speech by denominating the speech as its own.

Additional Information About Our Guests…

Professor Judith Lipton joined the Case Western Reserve Faculty in 1980 after practicing as a social worker and attorney for Legal Aid. She helped to establish the J.D./M.S.S.A. dual degree program. She is the co-director of the Milton A. Kramer Law Clinic Center and teaches in the Criminal Justice and Health Law Clinics. Her current research and practice focuses on inter-disciplinary strategies for addressing domestic violence and the rights of immigrant victims of family violence. She received her B.S. (1971) and M.S.S.W. (1972) from the University of Wisconsin and her J.D. from the University of Connecticut in 1979.

Peter Joy teaches Legal Profession, Comparative Legal Ethics Seminar, Trial Practice & Procedure, and Co-Directs the Criminal Justice Clinic. He has written or coauthored several articles addressing issues of academic freedom and interference with clinical legal education including ―Access to Justice, Academic Freedom, and Political Interference: A Clinical Program Under Siege,‖ in the Clinical Law Review, Political Interference with Clinical Legal Education: Denying Access to Justice,‖ in the Tulane Law Review, ―An Ethics Critique of Interference in Law School Clinics,‖ in the Fordham Law Review, ―Lawyering in the Academy: The Intersection of Academic Freedom and Professional Responsibility,‖ in the Journal of Legal Education, and ‗Kneecapping‘ Academic Freedom, in Academe.

Professor Joy coauthors with Professor Kevin C. McMunigal an ethics column as a Contributing Editor to the ABA quarterly publication Criminal Justice, and together they wrote the recent book Do No Wrong: Ethics for Prosecutors and Defenders. Prof. Joy is chair-elect to Professional Responsibility Section of the Association of American Law Schools (AALS), and he serves on the AALS Committee on Academic Freedom and Tenure. He also serves on the Board of Editors for the Clinical Law Review, and the American Bar Association (ABA) Accreditation Committee. He writes in the areas of legal ethics, access to justice, criminal justice, and clinical education.

Adam Babich directs the Tulane Environmental Law Clinic. Before joining Tulane in May 2000, Professor Babich was a Chicago-based litigator whose practice emphasized environmental and insurance-related disputes. He has also served as an environmental enforcement lawyer for the Colorado Attorney General, as adjunct attorney for the Environmental Defense Fund, as editor-in-chief of the Environmental Law Reporter, and as a judicial law clerk for the Colorado Supreme Court. He has taught at Georgetown University Law Center, American University, and the University of Denver. Prof. Babich received his J.D. from Yale Law School in 1983. On July 23, 2010, the Tulane Environmental Law Clinic received the New Orleans Chapter of the Federal Bar Association‘s Camille F. Gravel, Jr. Pro Bono Award.

Jonathan L. Entin is Professor of Law and Political Science at Case Western Reserve University. Until last summer he also served as the law school‘s associate dean for academic affairs. The recipient of several teaching awards and a former co-editor of the Journal of Legal Education, he teaches Constitutional Law; Administrative Law; Courts, Public Policy, and Social Change; and a Supreme Court seminar. His publications relevant to this symposium include ―United States v. Progressive, Inc.: The Faustian Bargain and the First Amendment,‖ Northwestern University Law Review; and ―The Law Professor as Advocate,‖ Case Western Reserve Law Review. He has been a Judicial Fellow at the Federal Judicial Center and a visiting professor at the University of Nebraska. Before joining the faculty in 1984, Professor Entin clerked for Judge Ruth Bader Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit and practiced in Washington with Steptoe & Johnson. He received his A.B. from Brown University and his J.D. from Northwestern University.