THE 28 TH 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 E. Jackson Blvd., 8th Floor Chicago, IL 60604
THE 28 TH ANNUAL
CLIFFORD SYMPOSIUM
ON TORT LAW AND SOCIAL POLICY
LITIGATING THE PUBLIC GOOD: PUNISHING SERIOUS CORPORATE MISCONDUCT
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 afterthe-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.
THE 28 TH ANNUAL
CLIFFORD SYMPOSIUM
3:30
ON TORT LAW AND SOCIAL POLICY
he Texas Two Step in Bankruptcy: Corporate Abuse in the World of T Mass Torts and What Can Be Done About It Maria Glover, Georgetown University
AGENDA
ort Claims for the Coverup of Childhood Sexual Abuse: T Private Litigation, Corporate Accountability and Institutional Reform Timothy Lytton, Georgia State University When a Corporation’s Rational Ignorance Causes Harm: Charting a New Role for Tort Law Wendy Wagner, University of Texas
THURSDAY, JUNE 2, 2022 9:00
Discussant: Elizabeth Burch, University of Georgia
REGISTRATION AND CONTINENTAL BREAKFAST
10:00 OPENING REMARKS
SESSION III: TORT LAW TO THE RESCUE?
5:15
CONCLUSION OF DAY 1
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 (provided) 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 “A Force Created”: The U.S. Chamber of Commerce and the Politics of Lawsuit Immunity Myriam Gilles, Yeshiva University
3:15
FRIDAY, JUNE 3, 2022 8:00
REGISTRATION AND CONTINENTAL BREAKFAST
9:00
SESSION IV: THE BOEING MAX Nosedive: Boeing and the Corruption of the Deferred Prosecution Agreement 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 S ESSION 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
Shareholder Wealth Maximization and Securities Fraud James Park, University of California Los Angeles
Personification and Punishment: Metaphors and Corporate Acts Gregory Mark, DePaul University
Discussant: Miriam Baer, Brooklyn Law School
Discussant: Robert Rabin, Stanford University
BREAK
12:30 CONCLUDING REMARKS
SYMPOSIUM FACULTY Miriam Baer Brooklyn Law School Elizabeth Burch University of Georgia Zachary Clopton Northwestern University John Coffee Columbia University Jared Ellias University of California Hastings David Engstrom Stanford University Nora Engstrom Stanford University Howard Erichson Fordham University Sean Farhang University of California Berkeley Myriam Gilles Yeshiva University Maria Glover Georgetown University Melissa Jacoby University of North Carolina Alexandra Lahav University of Connecticut
PAST CONFERENCE TOPICS
Stephan Landsman DePaul University
2021 Civil Litigation in a Post-COVID World
Margaret Lemos Duke University
2020 The Opioid Crisis: Where Do We Go from Here?
Timothy Lytton Georgia State University Gregory Mark DePaul University Troy McKenzie New York University James Park University of California Los Angeles Robert Rabin Stanford University Honorable Jed Rakoff United States District Court, Southern District of New York Lindsey Simon University of Georgia George Triantis Stanford University
In 1994, Robert A. Clifford (’76) endowed a faculty chair in tort law and social policy. The chair gives meaningful expression to his belief that the civil justice system serves a number of vital interests in American society. The Clifford Chair at DePaul provides a vehicle for exploration of the civil justice system in an intellectually rigorous fashion. In addition to providing support for faculty research and teaching, the endowment makes possible an annual symposium addressing a timely issue in the civil justice area. The purpose of the symposium is to bring the latest scholarship and advances in legal practice to lawyers and scholars who specialize in tort law, civil justice and related fields. Professor Stephan Landsman is the current organizer and director of the symposium underwritten by the Clifford Chair.
Wendy Wagner University of Texas
2005 Who Feels Their Pain? The Challenge of Non-Economic Damages in Civil Litigation
2018 Patient Safety: How Might the Law Help
2004 Starting Over: Redesigning the Medical Malpractice System
2017 The Impact of Dark Money on Judicial Elections and Behavior 2016 Privacy, Data Theft and Corporate Responsibility 2015 The Supreme Court, Business and Civil Justice 2014 In Honor of Jack Weinstein 2013 Brave New World: The Changing Face of Litigation and Law Firm Finance 2012 A Celebration of the Thought of Marc Galanter 2011 Festschrift for Robert Rabin
2009 Rising Stars: A New Generation of Scholars Looks at Civil Justice
Pieter Brueghel the Elder, Tower of Babel, 1563. ©Kunsthistorisches Museum, Vienna, Austria
2006 Is the Rule of Law Waning in America?
2019 Rising Stars: A New Generation of Legal Scholars Looks at Civil Justice
2010 The Limits of Predictability and the Value of Uncertainty
Bradley Wendel Cornell University
2007 Distortions in the Attorney/Client Relationship: Threats to Sound Advice?
2008 The Challenge of 2020: Preparing a Civil Justice Reform Agenda for the Coming Decade
2003 After Disaster: The September 11th Compensation Fund and the Future of Civil Justice 2002 Export Import: American Civil Justice in a Global Context 2001 Smoke Signals: Civil Justice in the Wake of the Tobacco Wars 2000 Civil Litigation and Popular Culture 1999 Judges as Tort Lawmakers 1998 The American Civil Jury: Illusion and Reality 1997 Contingent Fee Financing of Litigation in America 1996 Tort Law and the Science of the Twenty-First Century 1995 ADR and Torts: Implications for Practice and Reform
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 2022clifford.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