WVU Law at SEALS: Thursday August 1, 2019

This week, WVU Law faculty members are presenting and discussing their scholarship at the 2019 SEALS Annual Conference in Boca Raton, Florida. On Thursday, August 1, 2019 Professors Vincent Cardi, Elaine Waterhouse Wilson, and Joshua Weishart participated in discussion groups and panels at the conference.

Professor Weishart participated in a discussion group on State Constitutional Law moderated by Professor Jeffrey Usman of Belmont University College of Law.

From the program:

State constitutional law remains a chronically underexplored area by law professors, lawyers, and judges. The Conference of Chief Justices became so concerned with the quality of lawyering on state constitutional law issues that it recommended the addition of law schools courses on the subject. The discussants explore various aspects of state constitutional law, address the teaching of state constitutional law, and offer scholarly insights into various aspects of state constitutionalism. The goal of this discussion group is to shed some additional light on this underexplored area.

Professor Cardi participated in a discussion group titled "Limits on Remedial Discretion" moderated by Professor Andy Hessick of University of North Carolina School of Law and Professor Caprice Roberts of The George Washington University Law School.

From the program:

This discussion group explores limits on remedial discretion. Discretion is vital to both legal and equitable remedies from awarding punitive relief to issuing injunctions. Unbounded discretion raises significant concerns about proper judicial and jury role. Limits include institutional norms, legislation, procedural rules, constitutional strictures, precedent, appellate review, doctrines of restraint, and remedial hierarchies. The discussants offer suggestions for balancing remedial goals with principled, reasoned decision making. Can a judge craft complete relief and avoid arbitrary calculations? If an injunction reaches nonparties, has the judge gone too far? This group tackles these questions across substantive areas including intellectual property, contracts, torts, unjust enrichment, criminal law, and constitutional law. Participants suggest ideal limits to shape the law of remedies to serve the rights at stake.

Professor Wilson spoke on a panel, "Tax Law at the Crossroads", moderated by Professor Stephen Black of Texas Tech University School of Law.

From the program:

The ever-changing social and political landscape makes it necessary to constantly revisit the tax law and determine whether the current status of the law matches the needs and goals of the society it serves. The Tax Cuts and Jobs Act is the most recent example of a massive overhaul in the tax system but even that significant reform effort left many issues unaddressed. The papers on this panel consider a variety of tax law concerns related to families, businesses, and international transactions. Both federal- and state-level tax matters are addressed.

Professor Wilson also participated in a discussion group, "Benefit Corporation (or Not)? Establishing and Maintaining Social Impact Business Firms" moderated by Professor Joan Heminway of The University of Tennessee College of Law.

From the program:

As the benefit corporation form nears the end of its first decade of "life" as a legally recognized form of business association, it seems important to reflect on whether it has fulfilled its promise as a matter of legislative intent and public responsibility and service. This discussion group is designed to take on the challenge of engaging in that reflective process. The participating scholars include doctrinal and clinical faculty members who both favor and tend to recommend the benefit corporation form for social enterprises and those who disfavor or hesitate to recommend it.