Savannah Law Review hosts a colloquium every September. The theme for the yearly colloquia is announced each fall—details for the event including participants, dates, times, and any associated call for papers will be announced shortly thereafter. Savannah Law Review’s Spring publication is based on written submissions from the colloquium participants.
American Legal Fictions
On Friday, September 16, 2016, Savannah Law Review presented American Legal Fictions, a Colloquium examining the role of legal fictions in shaping the law.
The law is enmeshed with fictions. The judiciary as truth seeker disdains perjury yet imports hypothetical realities to attain justice within strict legal frameworks. The legislature mandates meanings to common words that often approach the realm of fantasy. Assignment of fiction within the law has provoked robust academic attention and debate regarding its utility and propriety. Legal fictions have roots in Ancient Roman law in which praetors (magistrates) unable to abrogate laws could derogate laws through this means under the auspices of equitable principles. America advances legal fictions through the common law to soften rigid legal rules. And, today, our courts and legislatures continue to fashion new legal fictions—possibly theorized as each party’s attempts to usurp the other. Examples of legal fictions abound from constitutional interpretation to granting remedies by expanding rights.
Professor Garrett Epps, contributing editor for The Atlantic and Professor of Law at University of Baltimore School of Law, presented the Keynote Address. Leading up to the Keynote Address, four panels of scholars and practitioners engaged in provocative discussions centered on how fiction impacts the law. The panels incorporated employment law, intellectual property, real property, antitrust, tax policy, civil rights, legal history, judicial ethics, criminal procedure, the sharing economy, conflict minerals, and more.
The full list of presenters included: Darren Bush (University of Houston Law Center); Thomas P. Crocker (University of South Carolina School of Law); Tessa R. Davis (University of South Carolina School of Law); J. Amy Dillard (University of Baltimore School of Law); David Fagundes (Professor of Law, University of Houston Law Center); Wade W. Herring II (HunterMaclean); Zachary Kramer (Arizona State University Sandra Day O’Connor College of Law); Hon. Raymond J. McKoski (The John Marshall Law School); Karen Petroksi (Professor of Law, Saint Louis University School of Law); Marc Roark (Savannah Law School); Caprice L. Roberts (Savannah Law School); Shaakirrah R. Sanders (University of Idaho College of Law); Eric J. Segall (Georgia State University College of Law); Andrew Siegel (Seattle School of Law); Abbey Stemler (Kelley School of Business, Indiana University); Josh Stillman (Jones Day); and Karen Woody (Kelley School of Business, Indiana University).
Contributions from American Legal Fictions appear in Volume 4, Issue 1.
The Walking Dead
In September 2015, Savannah Law Review presented The Walking Dead, a Colloquium surveying academic topics regarding how death and fear of death affect the law of the living. What better situs for this topic than Savannah, Georgia—a city both haunted and charmed by the dead, where spectral imprint often trumps that of the living.
The boundaries which divide Life from Death are at best shadowy and vague. Who shall say where the one ends, and where the other begins?
–Edgar Allan Poe
The Colloquium provided a forum to discuss the shadowy legal interpolation of the dead on the living and explore both its positive and negative ramifications in an effort to strike a pluralistic balance between the law of past, present, and future. Professor Ray Madoff (Boston College Law School) presented the Keynote Address for this event and will publish a related writing in the Journal. Professor Madoff’s thoughtful scholarship on the “Law of the Dead” includes her provocative publication, Immortality and the Law: The Rising Power of the American Dead (Yale University Press), which examines how American law empowers the dead to exert direct and often perpetual costs on the living.
The full list of presenters included: Michael Allen (Stetson University College of Law); Norman Cantor (Rutgers University School of Law); J. Amy Dillard (University of Baltimore School of Law); Jonathan Faber (Luminary Group); Susan Etta Keller (Western State University College of Law); Andrew Chongseh Kim (Concordia University School of Law); Anthony Michael Kreis (University of Georgia School of Public & International Affairs); Adam Lamparello (Indiana Tech Law School); Ray Madoff (Boston College School of Law); Lara Schwartz (American University School of Public Affairs); Michael Silverman (Savannah Law School, J.D. Candidate); Josh Slocum (Funeral Consumers Alliance); Eva Subotnik (St. John’s University School of Law); Asmara Tekle (Thurgood Marshall School of Law); Ellen Trachman (Trachman Law Center, LLC); William Trachman (Littler Mendelson, P.C. & Denver University, Sturm College of Law); Maggie Tsavaris (Savannah Law School); Richard Underwood (University of Kentucky College of Law); and Hollis Garrett Wright, II (M.D., Ph.D.).
Savannah Law Review looks forward to publishing the articles from The Walking Dead in Spring 2016, advancing the academic dialogue into the larger legal community.
In September of 2014, Savannah Law Review hosted a colloquium, [Re]Integrating Spaces, to celebrate the repurposing of the historic Candler Hospital into the new Savannah Law School. Professor Alfred Brophy of University of North Carolina School of Law keynoted the event, and a host of nationally acclaimed legal scholars and local practitioners discussed the parallel themes of historic preservation and transformation, as well as societal sense of place, space, and meaning within the law. [Re]Integrating Spaces featured provocative panel discussions with robust community attendance. Savannah Law Review is honored to have hosted the participants and attendees alike. We would like to thank all those who helped make this historic event possible, including the Savannah Law School faculty and administration and our generous sponsors: S. Wesley Woolf, P.C., HunterMaclean, Barbri, and Savannah Law School’s Student Bar Association. Articles from the [Re]Integrating Spaces colloquium can be found in Savannah Law Review, Volume 2, Issue 1. To subscribe to Savannah Law Review, please refer to our Subscriptions page.