2024 National Business Law Scholars Conference Agenda

Agenda

Monday, June 24, 2024

8:15-8:45 a.m. - Registration and Breakfast

8:45-9 a.m. - Opening Remarks from UC Davis School of Law Dean Kevin R. Johnson (King Hall, Room 1001) 

9-10 a.m. - Plenary Panel 1 | The California Effect: DEI (King Hall Room, 1001)

Moderator: Amelia Miazad (UC Davis School of Law) 

Panelists: Afra Afsharipour (UC Davis School of Law), Jennifer Fan (Loyola Law School, Los Angeles), Hannah‐Beth Jackson (former California State Senator), Darren Rosenblum (McGill University)

10-10:15 a.m. - Break

10:15-11:45 a.m. - Concurrent Panels

Panel A: Corporate Law & the Environment (King Hall, Room 2303)

Moderator: Albert Lin (UC Davis School of Law)

Panelists: Paolo Farah (West Virginia University) on US Corporate Law and Sustainability, Virginia Harper Ho (City University of Hong Kong) on Corporate Climate Governance, Charlotte Villiers (University of Bristol) on The Sustainable Development Goals and Corporate Law: An argument for a compassion-based transition to global sustainability  

Panel B: Shareholder Primacy (King Hall, Room 2304)

Moderator: Eric C. Chaffee (Case Western Reserve University School of Law)

Panelists: Leon Anidjar (Vanderbilt University School of Law) on Taking the Organization Seriously in Corporate Law and Governance, Aneil Kovvali (Indiana University Maurer School of Law) on Private Profits and Public Business, Ann Lipton (Tulane University School of Law) on Legitimating Shareholder Primacy, Rebecca Wolitz (The Moritz College of Law, The Ohio State University) on Shareholder Primacy's Failed Guardrails

Panel C: Contract Law (King Hall, Room 2302)

Moderator: Tom Joo (UC Davis School of Law) 

Panelists: Farshad Ghodoosi (California State University, Northridge) on Empirics of Interpreting Against the Drafter, Jonathan F. Harris (LMU Loyola Law School Los Angeles) on Economic Duress in U.S. Employment, Jason Jones (North Carolina Central University School of Law) on Assessing Mutual Assent in the Early Era of AI Chatbots, Rachel Landy (Benjamin N. Cardozo School of Law) on Swiping Rights

Panel D: Technology & Business Law (King Hall, Room 2306)

Moderator: Wendy Couture (University of Idaho College of Law)

Panelists: Yuliya Guseva (Rutgers Law School) presents On the Coexistence of Stablecoins and Central Bank Digital Currencies, Joan Heminway (The University of Tennessee College of Law) on Blockchains and NIL, David Nows (Thomas R. Kline School of Law of Duquesne University) on Accessible Financial Data for Equity Crowdfunding Investors, Gopika Shah (SMU Dedman School of Law) on Currency Wars

Panel E: Antitrust (King Hall, Room 2320)

Moderator: Menesh Patel (UC Davis School of Law)

Panelists: Jordan Barry (USC Gould School of Law) on Et Tu, Agent? Commission‐Based Steering in Residential Real Estate, Sean Sullivan (University of Iowa College of Law) on Collusion, Coordination, and Coherence in Plus Factor Analysis, Samuel Weinstein (Benjamin N. Cardozo School of Law) on Disfavored Consumers, Wentong Zheng (Florida Levin College of Law) on Jurisdictional Competition on Standard‐Essential Patents

12-12:30 p.m. - Fireside Chat: California State Senator Scott Weiner (King Hall, Room 1001)

12:30-1:15 p.m. - Lunch

1:15-2:45 p.m. - Concurrent Panels

Panel A: ESG (King Hall, Room 2303)

Moderator: Eric C. Chaffee (Case Western Reserve University School of Law)

Panelists: Atinuke 'Tinu' Adediran (Fordham University School of Law) on Corporate Prosociality in the Shadow of Law, Sadie Blanchard (University of Notre Dame Law School) on ESG Reputation Adjudication Bonds, Kevin Haeberle (UC Irvine School of Law) on Reforming Securities Litigation for ESG Disclosure, Amelia Miazad (UC Davis School of Law) on Faith Investing

Panel B: Corporate Governance (King Hall, Room 2304) 

Moderator: Vera Korzun (University of Akron School of Law)

Panelists: W.C. Bunting (Stetson University College of Law) on Patience is a Virtue?, Franklin Gevurtz (University of the Pacific, McGeorge School of Law) on Corporate Rulers and Their Councils: Are Directors Becket or Cromwell When Dealing with Controlling Shareholders?, Brett McDonnell (University of Minnesota Law School) on Queerying Corporate Governance, Nizan Packin (City University of New York) on Board Observers

Panel C: Contract Law (King Hall, Room 2302)

Moderator: Tom Joo (UC Davis School of Law)

Panelists: Rachel G. Ngo Ntomp (Boston University School of Law) on The Content Control of Small Business Contracts & the (In)efficiency of Unconscionability, Glenys Spence (Barry University School of Law) on Rethinking Force Majeure Amid the Ancient Doctrines of Maritime Perils: The Resurgence of Sea Piracy, Wars, Restraint of Rulers, and Other Challenges In the Global Supply Chain, Spencer Williams (Golden Gate University School of Law) on Layered Alignment, Carrie Stanton (Washington & Lee University School of Law) on Risk, Reimagined: The Untold Story of Liability Laddering in Modern Commercial Dealmaking

Panel D: Bankruptcy (King Hall, Room 2306) 

Moderator: John Hunt (UC Davis School of Law)

Panelists: Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) on Bankruptcy's Neutrals, Christopher Hampson (University of Florida College of Law) on Bankruptcy Fiduciaries, Jared Mayer (University of Chicago Law School) on Control and Chapter 11's Expanding Scope

2:45-3 p.m. - Break

3-4 p.m. - Concurrent Panels

Panel A: ESG (King Hall, Room 2302)

Moderator: Afra Afsharipour (UC Davis School of Law)

Panelists: Yaron Nili (Duke University School of Law) on Specialist Directors, John Rice (Lincoln Memorial University Duncan School of Law) on Shareholder Dignity

Panel B: Securities Regulation (King Hall, Room 2303)

Moderator: Menesh Patel (UC Davis School of Law)

Panelists: Adam Pritchard (University of Michigan Law School) on Attorneys’ Fees in Securities Fraud Class Actions, David Rosenfeld (Northern Illinois University College of Law) on the Changing Face of Securities Offerings, Emily Strauss (UC Law San Francisco) on Suing the Underwriters

Panel C: Startups and Venture Capital (King Hall, Room 2304)

Moderator: Elizabeth Pollman (University of Pennsylvania Carey Law School)

Panelists: Marco Corradi (ESSEC Business School) on Exploring Common Ownership in the Venture Capital Context: Anticompetitive Effects, Strategic Information Sharing, Dynamic Efficiency and Entrepreneurs’ Incentives to Invent, Jennifer Fan (Loyola Law School, Los Angeles) on Founder Worship, Effective Altruism, and Corporate Governance

Panel D: Bankruptcy (King Hall, Room 2306)

Moderator: John Hunt (UC Davis School of Law)

Panelists: Robert Miller (University of South Dakota Knudson School of Law) on Bankruptcy Gifting Repackaged?, William Organek (Zicklin School of Business, Baruch College, CUNY) on Bankruptcy by Contract in the Legal Cannabis Industry, Michael Simkovic (USC Gould School of Law) on Bankruptcy’s Turn to Market Value

4-4:15 p.m. - Break

4:15-5:15 p.m. - Concurrent Panels

Panel A: Political Activity & the Corporation (King Hall, Room 2303)

Moderator: Afra Afsharipour (UC Davis School of Law)

Panelists: Ashlee Paxton‐Turner (Duke University School of Law) on Politics as Usual Isn't Ordinary Business, Elizabeth Pollman (University of Pennsylvania Carey Law School) on the Limits of Firms' Political Activities, Anna Toniolo (Harvard Law School) on Corporate Political Speech and Silence

Panel B: Banking & Debtor & Creditor Law (King Hall, Room 2302)

Moderator: Shayak Sarkar (UC Davis School of Law)

Panelists: Nikita Aggarwal (University of Miami School of Law) on Locating Consumer Credit Regulation, Will Thomas (University of Michigan Ross School of Business) on Sanctioning Negligent Bankers

Panel C: Startups and Venture Capital (King Hall, Room 2304)

Moderator: Ilya Beylin (Seton Hall Law School)

Panelists: Patrick Perkins (University of Kansas School of Law) on the Innovation Gap, Gad Weiss (Columbia Law School) on Innovation or Hallucination? AI Safety and Startup Governance

Panel D: Comparative & International Business Law (King Hall, Room 2306)

Moderator: Eric Chaffee (Case Western Reserve University School of Law)

Panelists: Eric Chaffee (Case Western Reserve University School of Law) on International Insider Trading Regulation Compliance Plans, Assaf Harpaz (University of Georgia School of Law) on Global Tax Wars in the New Era of Cross-Border Taxation 

5:30-7 p.m. - Reception (Manetti Shrem Museum)


Tuesday, June 25, 2024

8:15-9 a.m. - Registration and Breakfast

9-9:30 a.m. - Fireside Chat with James McRitchie (CorpGov.net) ‐ “A day in the life of a shareholder advocate” (King Hall, Room 1001)

9:45-11:30 a.m. - Concurrent Panels

Panel A: Securities Regulation (King Hall, Room 2302)

Moderator: Joan Heminway (The University of Tennessee College of Law) 

Panelists: Ilya Beylin (Seton Hall Law School) on How Portfolio Netting Deters Diversification and Competition in the Derivatives Industry, Anne M. Choike (Michigan State University College of Law) on Exploring the Historical Role and Proposed Revival of Regional Exchanges, Ben Edwards (UNLV William S. Boyd School of Law) on Fiduciary Fraud Fighting, Mark Kubisch (Pepperdine University Caruso School of Law) on Shareholder Proposals, No‐Action Letters, and the First Amendment, Xuan Liu (NYU School of Law) on COVID‐19 Risk Factors and Boilerplate Disclosure

Panel B: M&A (King Hall, Room 2303)

Moderator: Rachel Landy (Benjamin N. Cardozo School of Law)

Panelists: Afra Afsharipour (UC Davis School of Law) on ESG Dealmaking, James An (Stanford Law School) on Dimensions of Private Benefits of Control, Menesh Patel (UC Davis School of Law) and Samuel Weinstein (Benjamin N. Cardozo School of Law) on FERC Merger Review: A Critical Appraisal, Guzmán Rodríguez Carrau (University of Montevideo) on So Delaware, Shouldn't We Believe in Magic After All? Non-reliance Clauses, Movie Scripts and the Sound of Silence

Panel C: Fiduciary Duties (King Hall, 2304)

Moderator: Wendy Couture (University of Idaho College of Law)

Panelists: Timothy Canova (Nova Southeastern University Shepard Broad College of Law) on Taking Corporate Boards and Fiduciary Duties Seriously: Entire Fairness Review of Executive Pay Packages after Tornetta v. Musk, Christine Hurt (SMU Dedman School of Law) on Business Judgment, Rationality, and ESG, Megan Shaner (University of Oklahoma College of Law) on Bifurcating Officers, Gordon Smith (BYU Law School) on Fiduciary and Ordinary Loyalty

Panel D: Shareholder Voting (King Hall, Room 2306)

Moderator: Eric C. Chaffee (Case Western Reserve University School of Law

Panelists: Benjamin Bates (Harvard Law School) on Advance Notice Bylaws: Theory and Evidence, Lauren Yu‐Hsin Lin (City University of Hong Kong; Washington University in St. Louis) on Values‐Based Shareholder Voting, Caley Petrucci (University of San Diego School of Law) on a Structural Analysis of Dual‐Class Guardrails, Chang‐hsien 'Robert' TSAI (National Tsing Hua University) on Does It Take Four to Tango in the Regulatory Competition for Global Listings Comparing Regulations on Dual Class Stock among Singapore, Hong Kong, Mainland China, and Taiwan  

11:30-12:30 p.m. - Lunch

12:30-1:30 p.m. - Concurrent Panels

Panel A: Investor Protection (King Hall, Room 2302)

Moderator: Ben Edwards (UNLV William S. Boyd School of Law)

Panelists: Nicole Iannarone (Drexel Kline School of Law) on Investor Justice, Vera Korzun (University of Akron School of Law) on Corporate Nationality, Foreign Investor Protection, and Public Interest, Ji Li (UC Irvine School of Law) on Rivalry‐Induced Convergence: A Comparative Analysis of Foreign Investment Screening Regimes in China and the US

Panel B: The Intersection of Business and Administrative Law (King Hall, Room 2306)

Moderator: Shayak Sarkar (UC Davis School of Law)

Panelists: Jeffrey Manns (George Washington University) on the Case for Contingent Regulatory Sunsets, David Zaring (The Wharton School) on Securities Regulation and Administrative Law in the Roberts Court

Panel C: Corporate Governance (King Hall, Room 2304)

Moderator: Afra Afsharipour (UC Davis School of Law)

Panelists: Menesh Patel (UC Davis School of Law) on Shareholder Preferences and Corporate Behavior, Darren Rosenblum (McGill University) on the Corporate Governance Closet: A Queer Analysis, Paul Weitzel (University of Nebraska College of Law) on AI Governance Is Corporate Governance

Panel D: Compliance (King Hall, Room 2303)

Moderator: Joan Heminway (The University of Tennessee College of Law)

Panelists: Miriam Baer (Brooklyn Law School) on Reframing Corporate Compliance for a Polarized Age, Sarah Williams (Penn State Dickinson Law) on Feature Audit Quality to Improve Audit Quality

1:30-1:45 p.m. - Break 

1:45-2:45 p.m. - Concurrent Panels 

Panel A: Exploring Publicness (King Hall, Room 2302) 

Moderator: Elizabeth Pollman (University of Pennsylvania Carey Law School)

Panelists: Jens Dammann (The University of Texas School of Law) on Publicly Traded Public Benefit Corporations: An Empirical Investigation, Michael Guttentag (LMU Loyola Law School) on the Public/Private Divide in Securities Law, Jay Kesten (Florida State University College of Law, Florida State University College of Business & Carnegie‐Mellon School of Business) on Local Political and the Going‐Public Decision

Panel B: Regulating Emerging and Evolving Industries (King Hall, Room 2303)

Moderator: Joan Heminway (The University of Tennessee College of Law)

Panelists: Victoria Nelson (Michigan State University) on Charting a Regulatory Course for Popular New Weight Loss Medications in the Age of AI, Glynn Torres‐Spelliscy (The New School, School for Public Engagement) on Priming the Pump: Getting Ready for Explosive Growth in the Space Industry, Thomas Williams (American University Washington College of Law) on Owning Health Equity

Panel C: Exploring the Features of the Modern Corporation (King Hall, Room 2306)

Moderator: Jordan Barry (USC Gould School of Law)

Panelists: Wendy Couture (University of Idaho College of Law) on Strategically Restated Defaults, Andrew Schwartz (University of Colorado Law School) on the Limited Life Company, Tomer Stein (The University of Tennessee College of Law) on Corporate Law’s Coupe de Grâce: The Case for Managerial Independence

Panel D: Author‐Meets‐Readers Session (King Hall, Room 2304)

Author: Michael B. Dorff (Southwestern Law School) on Becoming a Public Benefit Corporation: Express Your Values, Energize Stakeholders, Make the World a Better Place (Stanford University Press 2023) 

Discussants: Thomas Joo (UC Davis School of Law), Amelia Miazad (UC Davis School of Law)

2:45-3 p.m. - Break

3-4:00 p.m. - Concurrent Panels

Panel A: Securities Regulation (King Hall, Room 2302)

Moderator: Menesh Patel (UC Davis School of Law)

Panelists: andré douglas pond cummings (Widener University Commonwealth Law School) on Hedge Fund Formation, Karl Okamoto (Drexel University Kline School of Law) on Liable When Innocent: The Story of the First Insider Trading Case

Panel B: Business Law Pedagogy (King Hall, Room 2306)

Moderator: Nicole Iannarone (Drexel Kline School of Law)

Panelists: Alan Kluegel (University of Kentucky College of Law) on the Open‐Access Business Associations Casebook, Charles Murdock (Loyola University Chicago School of Law) on a Simulated Clinical Approach to Teaching Business Planning

Panel C: Understanding the Corporate Form (King Hall, Room 2304)

Moderator: Elizabeth Pollman (University of Pennsylvania Carey Law School)

Panelists: Michael Burstein (Cardozo Law School) on Open Innovation and the Commons‐Based Theory of the Firm, Kate Jackson (University of Cincinnati College of Law) on Corporate Personhood's Three False Choices: Creating a Framework for Corporate Constitutional Rights

Panel D: Debate ‐ The Business Case for Diversity (King Hall, Room 2303)

Moderator: Joan Heminway (The University of Tennessee College of Law)

Panelists: Darren Rosenblum (McGill University), Andrew Schwartz (University of Colorado Law School)

4-4:15 p.m. - Closing Remarks (King Hall, Room 1001)