On Friday, September 16, 2016, Savannah Law Review will present American Legal Fictions, a Colloquium that will survey academic topics 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, will present the Keynote Address.

Leading up to the Keynote Address, four panels of scholars and practitioners will engage in provocative discussions centered on how fiction impacts the law. The panels will incorporate employment law, intellectual property, real property, antitrust, tax policy, civil rights, legal history, judicial ethics, criminal procedure, the sharing economy, conflict minerals, and more. Six Georgia Continuing Legal Education Credits will be available for the panels for the cost of the credits ($30).

The full list of presenters includes: 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); Karen Woody (Kelley School of Business, Indiana University).

Schedule Overview

Friday, September 16, 8:30 a.m. – 8:00 p.m.
8:30 a.m. Registration
8:45 a.m. Opening Remarks
9:00 a.m.-4:30 p.m. Panel Presentations
5:00 p.m. Keynote Address
6:00-8:00 p.m. Reception

Panel Topics

IDENTITY FICTIONS & LEGAL STATUS

Examining legal conceptualizations of identity and legal status in tax policy, intellectual property, civil rights, the sharing economy, and more.

PANEL: LEGAL FACTS AS FICTION

Analyzing the process of fact distortion through investigation, deposition,
evidentiary techniques, and precedent.

POWER OF FICTIONS IN RIGHTS & REMEDIES

Exploring the use of legal fictions to stretch rights and remedies to fill gaps in the law, provide protection, and afford relief.

ROUNDTABLE: MYTHS OF JUSTICE
Debating the myths judicial neutrality, equal justice, attainable remedies, and access to justice.

About Savannah Law School

Savannah Law School is focused on preparing talented students for legal careers in the public and private sectors. We offer a Juris Doctor in full-time and part-time day or part-time evening programs.

Students can live and learn in a community rich in culture, heritage and southern hospitality. For more information about Savannah Law School, please visit us at www.savannahlawschool.org. Also please access our faculty homepages—each provides a link to SSRN where many of the faculty articles are available for download.

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FOR MORE INFORMATION

Contact: Amber O’Connor
Telephone: (678) 916-2674
Email: [email protected]
Website: www.savannahlawschool.org
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