President of Art Law & Culture Society - Monica
12:40 p.m.The Art of Mediation: A Transformative
Approach to Conflict
A discussion of mediation and alternative dispute
resolution (ADR) featuring Prof. Robert
Baruch Bush, distinguished author and professor of Arbitration and ADR at
Hofstra University School of Law.
Prof. Bush will discuss the importance of cultural
understanding in the mediation process through cultural impact and how
art is a reflection of our humanity. In order to be a better lawyer, and
to encourage settlements it’s best for us all to be familiar with
cultural understanding. It will help us all as attorneys to understand
one another, our clients, and our adversaries.
1:10 p.m.Sex, Art, and the First Amendment
A discussion of First Amendment rights and limitations
on artistic expression. Specifically, panelists will discuss
NEA v. Finley, which
examines the statutory funding guidelines requiring the NEA to consider
artistic excellence, merit, and general standards of "decency and
respect." Is this overly vague and subject to discrimination in violation of the First Amendment's freedom of
expression guarantees?) Finally, discussion of the Brooklyn Museum of Art and its legal battles with Mayor Rudolph
Giuliani and the problem of conditions on government arts
Moderator: Prof. Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional
Panelists: Imo Imeh, Artist, and
Ph.d Candidate at Yale University; Dean R. Nicyper, Esq.,
Partner, Fleming, Zulack, Williamson, Zauderer
Heins,director of the Free Expression
Policy Project or author of Not in Front of the
Children: “Indecency,” Censorship & the Innocence of
Friedman,Joseph Kushner Distinguished
Professor of Civil Liberties Law.
p.m. Copyright it: Protecting the fruits of
Another angle of the "real" versus "fake"
discussion is the idea of: "original" versus
"copy" and whether an artist him/herself
appropriated the work of another.CopyrightIssues
particularly pertinent to artists, moral
rights and resale rights will be discussed. The following questions
will be addressed: What is fair use?
What is copying? How can an artist properly justify what he or he
has originally created and what is 'inspiration” from another
source? How can artists protect themselves?
Moderator: The Honorable R. Bruce
Cozzens (Civil Division)
Panelists: Raymond Dowd, Esq.,Partner, Dunnington, Bartholow & Miller LLP; Sergio Munoz Sarmiento,
Esq., Associate Director,Volunteer Lawyers for Arts;Jason Nardiello, Esq.,Associate, Locke, Lord &
Bissell;Amy J. Goldrich,
Offices of Amy Goldrich;Paul
p.m. Real or
Description: Discussion of the international art
auction power houses (Sotheby’s & Christies) vs. small
galleries. Power of Art on the Market Place, as an
investment and how it enriches others lives. The legal ramifications of
buying and selling art. Discussion of Thome v. Alexander & Louisa
Calder Foundation: 890 N.Y.S. 2d 16 . Judge
Ramos presided over regarding Slander of Title.
Honorable Charles Ramos, NYS Supreme Court, Commercial
Panelists: The Honorable Barbara Jaffe, NYS Supreme Court, Civil Division; Jay Safer, Esq., Partner, Locke, Lord & Bissell; John R, Cahill,
Esq., Partner, Lynn & Cahill
LLP; Jo Backer Laird, Esq., Of Counsel,
Patterson Belknap Webb & Tyler LLP;Don Oppenheim,Artist.
p.m. Keynote Address – Art vs.
Legal & Ethical
Description: Art is Advertising, and Advertising is
Art. The professionals in the “Ad world”
and creative directors will discuss the
creativity of art and how corporate suits restrain
them from helping those who need
honest advertising. Discussion topics will include
deceptive practices and false advertising, Constitutional Limitations on
Advertising Regulation, The Evolution of the
Commercial Speech Doctrine, and how Merchants use lists to
target advertising/solicitations to the unsuspecting
Moderator: Prof. Norman
Silber, Distinguished Professor of Consumer
Dean of Intellectual Life
Panelists: Producers & Directors of the Sundance
Film “Art & Copy”
by Prof. Leon Friedman,Joseph Kushner Distinguished Professor of Civil
Persons with Disabilities: NYSBA will make reasonable modifications/accommodations to
allow participation in its services, programs, or activities by persons
with disabilities. NYSBA will provide auxiliary aids and services upon
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Tuition Assistance: NYSBA members may
apply for tuition assistance to attend this program, based on financial
hardship. Under that policy, any member of our Association who has a
genuine financial hardship may apply in writing, not later than five
working days prior to the program, explaining the basis of his/her
hardship, and, if approved, may receive tuition assistance, depending on
the circumstances. For more details, please contact our CLE
Registrar’s Office at (800) 582-2452.
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