The 28th Annual Clifford Symposium on Tort Law & Social Policy - 6/2 & 6/3
THE 28TH ANNUAL CLIFFORD SYMPOSIUM ON TORT LAW AND SOCIAL POLICY
Litigating the Public Good: Punishing Serious Corporate Misconduct
June 2-3, 2022
In-Person and Online
DePaul Conference Center
1 East Jackson Boulevard, 8th Floor
Chicago, IL 60604
DESCRIPTION
It is frequently assumed that the executive branch of government is responsible for the enforcement of the laws designed to curb serious misconduct, whether by individuals or corporations. The methods employed by the executive branch include administrative regulation and criminal prosecution, and it is anticipated that these methods will effectively identify and punish harmful acts. In this view, privately initiated litigation is, at most, an adjunct to executive action—an after-the-fact calculation of personal harm, the interests of society having already been addressed.
This is a simplistic conceptualization of law enforcement in America. It does not account for tort or other private claims as front-line tools of policing to address and deter harmful conduct, particularly by large corporations.
Recent executive branch failures due to a lack of resources, conceptual bias, or the exercise of political or financial influence underscore the importance of private litigation in cabining corporate misconduct. One need look no further than the fallout from the opioid epidemic or the deadly results of manufacturing malfeasance in the auto and aircraft industries to recognize the critical need for private litigation to confront corporate harms that cost human lives.
Corporate America, uncontrolled by vigorous government action, has built a rickety edifice whose walls have repeatedly collapsed on those lured inside. Private litigation to hold companies accountable offers an important avenue to render the incautious responsible for their actions.
AGENDA
THURSDAY, JUNE 2, 2022
9:00 REGISTRATION AND CONTINENTAL BREAKFAST
10:00 OPENING REMARKS
Jennifer Rosato Perea
Dean, College of Law, DePaul University
Stephan Landsman
Director, Clifford Symposium, DePaul University
10:15 SESSION I: BANKRUPTCY
The Administrative State in Bankruptcy
Jared Ellias, University of California Hastings
George Triantis, Stanford University
Fake and Real People in Bankruptcy
Melissa Jacoby, University of North Carolina
Cheap Grace in Bankruptcy Court
Troy McKenzie, New York University
The Committee Charade in Mass Tort Bankruptcy
Lindsey Simon, University of Georgia
Discussant: Nora Engstrom, Stanford University
12:15 LUNCH
1:15 SESSION II: CORPORATE RESPONSIBILITY
The Great American Double Standard
Honorable Jed Rakoff, United States District Court, Southern District of New York
The Challenge of Holding Corporations Accountable Through Civil Litigation
Howard Erichson, Fordham University
Swarming the Hill: The Chamber of Commerce and the New Politics of Consumer Protection
Myriam Gilles, Yeshiva University
Shareholder Wealth Maximization and Securities Fraud
James Park, University of California Los Angeles
Discussant: Miriam Baer, Brooklyn Law School
3:15 BREAK
3:30 SESSION III: TORT LAW TO THE RESCUE?
The Texas Two Step in Bankruptcy: Corporate Abuse in the World of Mass Tort and What Can Be Done About It
Maria Glover, Georgetown University
Tort Claims for the Coverup of Childhood Sexual Abuse: Private Litigation, Corporate Accountability and Institutional Reform
Tymothy Lytton, George State University
When a Corporation’s Rational Ignorance Causes Harm: Charting a New Role for Tort Law
Wendy Wagner, University of Texas
Discussant: Elizabeth Burch, University of Georgia
5:15 CONCLUSION OF DAY 1
FRIDAY, JUNE 3, 2022
8:00 REGISTRATION AND CONTINENTAL BREAKFAST
9:00 SESSION IV: THE BOEING MAX
Minimum Standards for Deferred Prosecution Agreements: Thoughts on Boeing
John Coffee, Columbia University
Malice or SNAFU? Punitive Damages and Organizational Culture Defects
Bradley Wendel, Cornell University
The Boeing MAX 737 Crashes—Aeronautical Accident Outliers
Stephan Landsman, DePaul University
Discussant: Margaret Lemos, Duke University
10:30 BREAK
10:45 SESSION V: AN OVERVIEW OF PRIVATE LITIGATION AND THE PUBLIC GOOD
Private Enforcement for the Digital Age
David Engstrom, Stanford University
What We Know and What We Don’t Know About Private Litigation and the Public Good
Sean Farhang, University of California Berkeley
Tort, Crime and Public Health: Reflections on Legal Categories
Alexandra Lahav, University of Connecticut
Personification and Punishment: Metaphors and Corporate Acts
Gregory Mark, DePaul University
Discussant: Robert Rabin, Stanford University
12:30 CONCLUDING REMARKS
REGISTRATION
The Clifford Symposium will be presented online and in person. It is free and open to the public, but registration must be completed no later than Wednesday June 1, 2022.
To register please visit clifford2022.eventbrite.com for one or both dates. Registration also can be made by phone at 312-362-8372.
Online participants will receive a link to view the presentation just ahead of the event. All in-person attendees must comply with DePaul University's COVID-19 policy, which requires attendees be fully vaccinated against COVID-19 or have proof of a negative COVID-19 test dated no earlier than 72 hours prior to the program. Documentation will be reviewed at check-in for the event for all guests except DePaul faculty, staff and students. Masks are encouraged but not required. These rules are subject to change in accordance with public health guidance.
DePaul University College of Law is an accredited Illinois MCLE provider. This program has been approved for up to 9.00 hours of CLE credit. This is a two-day opportunity to earn CLE credit:
• Day 1: Up to 5.75 General CLE credits
• Day 2: Up to 3.25 General CLE credits