Resolving IP Disputes: Calling for an Alternative Paradigm

Center for the Dispute Resolution Symposium 2014

October 9-10, 2014

In cooperation with the University of Missouri International Center and the University of Missouri Transatlantic Center, with additional support from the Office of the Vice Provost for International Programs. Competition sponsored by the Lawyers Conference of the Judicial Division of the American Bar Association (ABA).

 

Speakers

Keynote

The Honorable Duane Benton

The Honorable Duane Benton

Circuit Judge
United States Court of Appeals for the Eighth Circuit

Duane Benton became a judge on the United States Court of Appeals for the Eighth Circuit on July 8, 2004.  Judge Benton served on the Missouri Supreme Court from 1991 until 2004 (including as Chief Justice from 1997 to 1999).  Previously, he practiced law from 1983 to 1988, and served as Missouri's Director of Revenue from 1989 to 1991.  He is a graduate of Northwestern University, summa cum laude and Phi Beta Kappa, and of Yale Law School, where he was managing editor of the Yale Law Journal.  From 1975 to 1979 Judge Benton was a judge advocate in the U.S. Navy.  While in the Navy, he earned a master's in business administration and accountancy from Memphis State University, becoming a CPA in Missouri in 1983.  Judge Benton earned an LLM from the University of Virginia in 1995.  Judge Benton has served as an adjunct professor at Westminster College, and at the law schools of Missouri, Brooklyn, St. Louis, and Vanderbilt.



Panelists

Dr. Livingston Armytage

Director
Centre for Judicial Studies

Adjunct Professor of Law
University of Sydney, Australia

Dr. Livingston Armytage

Dr. Livingston Armytage is an internationally respected specialist in judicial education and justice reform. He advised courts governments and development agencies around the world.  He is visiting fellow at the Lauterpacht Centre of International Law, University of Cambridge, and the Australian National University.  He is also Adjunct Professor of Law at the University of Sydney, and founding director of the Centre for Judicial Studies.

Livingston wrote the seminal monograph, ‘Educating Judges: Towards a New Model of Judicial Learning’ (Brill/Kluwer, 1996), which researched the field and advocated the need for professionalization.

In his latest book, ‘Reforming Justice: a Journey to Fairness in Asia’, (Cambridge University Press, 2012), he argues that justice is fundamental to human well-being and development.  He critiques the global experience of law and development, and calls for justice to be positioned more centrally in evolving notions of equitable development. 

He has worked in senior roles for the World Bank and other development agencies in more than 30 countries from Afghanistan and Azerbaijan to Haiti, Palestine, Pakistan and Papua New Guinea.  His other books include Searching for Success in Judicial Reform (Oxford University Press, 2009).

When home, Livingston kayaks at dawn across Sydney Harbour throughout the year to stay sane.

Prof. Robert G. Bone

G. Rollie White Teaching Excellence Chair in Law
School of Law, The University of Texas at Austin

Prof. Robert G. Bone

Robert Bone is Professor of Law and holds the G. Rollie White Excellence in Teaching Chair at The University of Texas School of Law.  He joined the UT faculty in January 2010.  Previously, he was the Robert Kent Professor in Civil Procedure at Boston University School of Law.  Professor Bone received his B.A. degree from Stanford University in 1973 and his J.D. from Harvard Law School in 1978.  Following law school, he clerked for United States District Court Judge W. Arthur Garrity, Jr. and served as an associate at the Boston law firm of Hill & Barlow, before joining the University of Southern California law faculty in 1983.  Professor Bone became a member of the BU Law School faculty in 1987, where he served before moving to UT Law School in 2010.  He was also a Visiting Professor at Columbia Law School for the fall term 1998 and at Harvard Law School for the fall term 2001.  Professor Bone is a leading scholar in the fields of civil procedure, complex litigation, and intellectual property.  He has published numerous articles in leading law journals, a book entitled The Economics of Civil Procedure, and several essays in other books, and he has co-authored the second edition of a casebook, The Law of Class Actions and Other Aggregate Litigation.  In addition, Professor Bone has given many lectures and talks in the United States and abroad.  His writing spans a wide range of topics.  In civil procedure, his published work deals with issues in the economic analysis of procedure, class actions, pleading, innovative case aggregation techniques, preclusion law, rulemaking, the nature of procedural rules, and procedure history.  In intellectual property, his work focuses mainly on trademark law and trade secret law.  Professor Bone was selected to give the 2000-2001 Boston University Lecture in honor of his scholarly achievements, and he received Boston University’s highest teaching award, the Metcalf Award for Excellence in Teaching, in 1991.   

 

Prof. T. Brettel Dawson

Department of Law and Legal Studies
Carleton University, Canada

Academic Director
National Judicial Institute, Canada

Prof. T. Brettel Dawson

Brettel Dawson is currently Academic Director (and Acting Education Director) of the National Judicial Institute. In addition to overall responsibility for the education program at NJI, she has a leadership role in areas of curriculum development, judicial faculty development and ongoing integration of social context (equality and diversity) at NJI. Recently, she has contributed as Senior Advisor to several new courses at NJI including Art and Craft of Judging; Your Sophomore Years (for judges with 5-8 years since appointment) and Good Judgment (a course focused on decision-making). She also coordinates the NJI’s education partnership with the Canadian Chapter of the International Association of Women Judges (gender-focused education). She is the organizer of NJI’s faculty development programs which address adult education design and delivery in judicial education. She coordinated NJI’s recent 25th Anniversary Symposium, Renewing our Vision Over Time.  She has been active in the international program of NJI working with judicial education institutions in several countries including Ghana, the Philippines, Scotland and Australasia. She is the author of NJIs Judicial Education Guides. She is an Associate Professor of Law at Carleton University in Ottawa and was Chair of the Department of Law between 1994-1999.  Her teaching areas include private law (including a course on Persons and Property), feminist legal studies, and socio-legal methods. Professor Dawson received her LL.B. (Hons) from the University of Canterbury, New Zealand and her LL.M. from Osgoode Hall Law School, Toronto, Canada. She was called as a Barrister and Solicitor of the High Court of New Zealand in 1983. She has lived in Canada since 1983,currently in a pesticide-free rural municipality nestled around a national park just north of Ottawa, Canada. In her spare time, she is an avid golfer, neglectful gardener and doting godmother.

   

The Honorable Jeremy Fogel

Director
Federal Judicial Center

District Judge
United States District Court for the Northern District of California

The Honorable Jeremy Fogel

Jeremy D. Fogel is a United States federal judge for the United States District Court for the Northern District of California and was appointed as Director of The Federal Judicial Center (FJC) on October 3, 2011.

Born in San Francisco, Judge Fogel received a B.A. (with Great Distinction) in religious studies from Stanford University in 1971.  He received a J.D. cum laude from Harvard Law School in 1974.  He was in private practice in San Jose, California from 1974 to 1978 and was Founder and Directing Attorney of the Mental Health Advocacy Project, Santa Clara County Bar Association Law Foundation. 

Fogel served as a judge on the Santa Clara County Municipal Court from 1981 to 1986. He was appointed as a judge at the Superior Court of Santa Clara County in 1986 and remained there until 1998.  Fogel was Presiding Judge, Santa Clara County Municipal Court, from 1984-85; Supervising Judge, Family Law Division, Santa Clara Superior Court, from 1987-88 and in 1995; Supervising Judge, Probate/Mental Health Division, 1991; and Civil Team Leader and Law and Motion Judge, Santa Clara Superior Court from 1992-94 and from 1996-98.  He was appointed to the U.S. District Court for the Northern District of California in 1998.

Judge Fogel is the recipient of the President’s Award for Outstanding Service to the California Judiciary, California Judges Association, 1997; the Judge of the Year Award, Santa Clara County Trial Lawyers Association, 1997, 2005 and 2011; and of the “LACY Honors” Award, Legal Advocates for Children and Youth, Santa Clara County Bar Association Law Foundation, 1997.  He is the recipient of the Special Award for Exemplifying Highest Standards of Professionalism in the Judiciary, Santa Clara County Bar Association, 2002.  He was named Justice of the Year, San Francisco Trial Lawyers Association and one of California’s 100 most influential lawyers by Daily Journal Corporation in 2007.


Prof. Kathleen E. Mahoney

Faculty of Law University of Calgary, Canada

Prof. Kathleen E. MahoneyAmong her many awards and distinctions, Professor Mahoney has been recognized for her outstanding service to scholarship, teaching and the legal profession. She was named Queen’s Counsel in 2013. She was elected a Fellow of the Royal Society of Canada, a Trudeau Fellow, a Sir Alan Sewell Fellow (Australia), a Human Rights Fellow (Harvard), and a Fulbright Fellow. She received the Canadian Bar Association and Alberta Bar Association Distinguished Service Award.  The University of Calgary awarded her the Excellence Award for Inspiration and Outstanding Contribution to Teaching and Research. She received the Alberta Centennial Medal for her contribution to the advancement of human rights. She was awarded the Bertha Wilson Touchstone Award in recognition of her outstanding accomplishments in the promotion of equality in Canada, and the Governor General's Medal in Recognition of the Person’s Case and her contributions to the furtherance of women’s equality in Canada. 

Kathleen Mahoney’s research interests are Human Rights, Humanitarian Law, Judicial  Education and Aboriginal Law. In her pioneering work in judicial education, she has authored numerous foundational papers and organized conferences, workshops and collaborative international projects in Geneva, Australia, New Zealand, South Africa, Tanzania, Namibia, Spain, Israel, China, Vietnam, the Democratic Republic of Congo, the United States, and the United Nations to improve the quality of judicial decision making.  

She was the Chief Negotiator for the Assembly of First Nations achieving the historic Indian Residential School Settlement Agreement in 2007, the largest settlement in Canadian history. She was the primary architect of the Truth and Reconciliation Commission and led the negotiations for the historic apology from the Canadian Parliament and from Pope Benedict XVI at the Vatican.

She was a founder of the Women's Legal Education and Action Fund, a sex equality advocacy organization, and participated in many ground breaking cases furthering equality for women in Canada. She successfully argued for a harms based approach in the leading cases on hate speech and pornography in the Supreme Court of Canada for the protection of women and sexual minorities.

She was counsel for Bosnia Herzegovina in their genocide action against Serbia in the International Court of Justice with the result that the definition of genocide was understood to include mass rapes and forced pregnancy.

She was Chair of the Board of Directors of the International Centre for Human Rights and Democratic Development for 6 years. She was named an expert advisor to the Interaction Council, an organization of former heads of state.  She currently serves on the National Board of Directors for the Canadian Red Cross.


Prof. Chad M. Oldfather

Professor of Law, Marquette University Law School

Prof. Chad M. Oldfather

Chad M. Oldfather is Professor of Law at Marquette University Law School, where he teaches Criminal Law, Evidence, Constitutional Law, Constitutional Theory, and a seminar called Judging and the Judicial Process.  His scholarship has addressed a wide range of topics related to judicial institutions and judicial decision making, and has appeared in journals including the Georgetown Law Journal, Vanderbilt Law Review, George Washington Law Review, Washington University Law Review, Florida Law Review, and Indiana Law Journal.  He is a member of the National Advisory Board of the American Judicature Society and the editorial board of Judicature magazine.  In 2004 he received the Howard B. Eisenberg Prize from the American Academy of Appellate Lawyers.  Prior to teaching, Oldfather clerked for Judge Jane Roth of the U.S. Court of Appeals for the Third Circuit, and practiced at the Minneapolis firm of Faegre & Benson (now Faegre Baker Daniels) and in the Appellate Office of the Minnesota State Public Defender.  He is a graduate of Harvard College and the University of Virginia School of Law.




Prof. Catherine Rogers

Professor of Law and International Affairs
Paul & Marjorie Price Faculty Scholar
Penn State Law Professor of Law, at Penn State Law

The Honorable Justice Mary R. Russell

Catherine Rogers is a Professor of Law at Penn State Law, and the Professor of Regulation, Ethics and the Rule of Law at Queen Mary, University of London, where she co-directs an institute on regulation and ethics.  She has published dozens of books and articles on international arbitration and global legal ethics, and taught and lectured on these topics around the world.  Among other professional appointments, Professor Rogers is a Reporter for the American Law Institute’s new Restatement of the U.S. Law (Third) of International Commercial Arbitration, a member of the Court of Arbitration for the Jerusalem Arbitration Centre, a member of the Board of Directors of the International Judicial Academy, and co-chair, together with William W. “Rusty” Park, of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration. She is also working to found the International Arbitrator Information Project, an informational resource to increase equal access to information and increase accountability in the arbitrator selection process.




The Honorable Justice Mary R. Russell

Chief Justice
Supreme Court of Missouri

The Honorable Justice Mary R. Russell

Chief Justice Mary Russell, a seventh-generation Missourian who grew up on a dairy farm near Hannibal, was appointed to the Supreme Court of Missouri in 2004.   She served on the Missouri Court of Appeals, Eastern District, from 1995 – 2004; serving as Chief Judge from 1999-2000.  She received her B.S. and B.A. Summa Cum Laude in 1980 from Truman State University; and received her J.D. from the University of Missouri-Columbia School of Law in 1983. After graduation, she was a law clerk for the Honorable George Gunn, Jr. at the Supreme Court of Missouri.  She was later a partner in the firm of Clayton & Rhodes in Hannibal until her appointment to the Court of Appeals.

Chief Justice Russell, a mentor to numerous young people, is currently an active member of numerous bar and judicial associations, as well as many civic groups, especially Rotary and PEO.  In addition to her many activities, Judge Russell volunteers as a Truancy Court Judge at Lewis and Clark Middle School in Jefferson City.   A recipient of many awards and honors, Chief Justice Russell is a frequent speaker to groups about the judicial system.





Convenor

Prof. S.I. Strong

Associate Professor of Law
University of Missouri

Prof. S.I. Strong

S.I. Strong is currently Associate Professor of Law at the University of Missouri School of Law.  She has also taught jurisprudence and British constitutional, contract and tort law at the University of Cambridge and the University of Oxford in the United Kingdom and international commercial arbitration at Georgetown University Law Center in Washington, D.C.

Professor Strong specializes in public and private international law, comparative law (particularly with respect to procedural and constitutional matters) and jurisprudence. She has had over 80 books, articles and other works published in Europe and the Americas, and her scholarship has been cited as authority in a number of courts and international tribunals.  Her research, which has been translated into Spanish, French, Portuguese and Russian, has also won accolades from a variety of international organizations.

Professor Strong is an elected member of the American Law Institute (ALI) and a Fellow of the European Law Institute (ELI).  She has acted as a U.S. Supreme Court Fellow in Washington, D.C., the Henry G. Schermers Fellow at The Hague Institute for the Internationalisation of Law in The Netherlands, and a Visiting Fellow at the Lauterpacht Centre for International Law at the University of Cambridge in England.

Professor Strong received a Ph.D. in law from the University of Cambridge, where she won the Yorke Prize for outstanding doctoral dissertation; a D.Phil. from the University of Oxford; a J.D. from Duke University School of Law; a Master of Professional Writing degree from the University of Southern California; and a B.A. in English literature from the University of California, Davis. She is admitted to practice in state and federal courts in both New York and Illinois, as well as the United States Supreme Court, and as a solicitor in the Supreme Court of England and Wales.