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Friday November 19th, 2010

Government Speech: The Government’s Ability to Compel and Restrict Speech Panel Three – Can Government Compel Speech by Designating it as its Own?


Raymond Ku, Associate Dean for Academic Affairs, Co-director, Center for Law, Technology, and the Arts, Case Western Reserve University School of Law


Abner Greene, Leonard F. Manning Professor of Law, Fordham University Law School

Helen Norton, University of Colorado Law School

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…

Raymond Ku received his J.D., cum laude, from New York University School of Law where he was a Leonard Boudin First Amendment Fellow in the Arthur Garfield Hays Civil Liberties Program, and his A.B. with Honors from Brown University where he was the recipient of the Philo Sherman Bennet Prize for the best political science thesis discussing the principles of free government. Professor Ku clerked for the Honorable Timothy K. Lewis, United States Court of Appeals for the Third Circuit. He then practiced constitutional, intellectual property, and antitrust law with Gibson, Dunn & Crutcher, LLP, and First Amendment/media and intellectual property law with Levine Pierson Sullivan & Koch, L.L.P., both in Washington, D.C. He has taught at Cornell Law School, Seton Hall University School of Law, Thomas Jefferson School of Law, and St. Thomas University School of Law.

An internationally recognized scholar, Prof. Ku writes on legal issues impacting individual liberty, creativity, and technology. His articles appear in the law reviews and journals of Berkeley, Chicago, Fordham, Georgetown, Minnesota, Stanford, Tulane, Vanderbilt, and Wisconsin among others, and he is the lead author of the first casebook devoted exclusively to the study of cyberspace law. Prof. Ku was the 2009 recipient of the Case Western Reserve University Law Alumni Association‘s Distinguished Teacher Award, and voted Professor of the Year by the graduating class of 2009.

Abner S. Greene has taught at Fordham Law School since 1994. He was awarded Teacher of the Year in 2002. He currently teaches First Amendment, Federal Courts, Administrative Law, and Criminal Law. New York University Press published his book Understanding the 2000 Election: A Guide to the Legal Battles that Decided the Presidency. Professor Greene has published widely on constitutional law, primarily the First Amendment, in the Yale Law Journal, Columbia Law Review, University of Chicago Law Review, Vanderbilt Law Review, and the Supreme Court Review, among other places. He graduated magna cum laude from Yale College and summa cum laude from Michigan Law School, and then clerked for Chief Judge Patricia M. Wald of the D.C. Circuit and Justice John Paul Stevens of the U.S. Supreme Court.

Helen Norton joined the Colorado law faculty in 2007, after having been a visiting professor at the University Of Maryland School Of Law and the E. George Rudolph Distinguished Visiting Chair at the University Of Wyoming College Of Law. Recognized with the 2008 and 2009 Excellence in Teaching Awards, her scholarly and teaching interests include constitutional law, civil rights, and employment discrimination law. She holds a J.D. from Boalt Hall School of Law at the University of California, Berkeley, where she was Associate Editor of the California Law Review, and a B.A. with distinction from Stanford University. In 2008, she was leader of President-elect Obama‘s transition team charged with reviewing the Equal Employment Opportunity Commission, and is frequently invited to testify before Congress on civil rights law and policy issues.

Before entering academia, she was Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice, where she managed the Civil Rights Division‘s Employment Litigation, Educational Opportunities, and Coordination and Review Sections, and as Director of Legal and Public Policy at the National Partnership for Women & Families. She currently serves on the National Advisory Commission for Workplace Flexibility 2010 and on the Victims Assistance and Law Enforcement Board for Colorado‘s 20th Judicial District. She previously was co-chair of the American Bar Association Section of Labor and Employment Law‘s Equal Employment Opportunity Committee and Committee on Equal Opportunity in the Profession, co-chair of the Leadership Conference on Civil Rights‘ Employment Task Force, volunteer attorney for the Washington Legal Clinic for the Homeless, board member for the National Employment Law Project, and President of the YWCA of the National Capital Area.