Faculty News & Briefs
- Lillian BeVier Ends Career at Head of the Class
- Business Law Scholar Joins Faculty
- Law and Economics Expert Joins Faculty
Ken Abraham recently published the fifth edition of Insurance Law and Regulation: Cases and Materials (Foundation Press). In addition, Abraham taught a five-week international and comparative tort law course in Paris to students from the United States, Italy, Canada, and Israel through the University of San Diego School of Law.
Kerry Abrams delivered a paper, “Deconstructing Labor and Love: Japanese Exclusion and the ‘Picture Bride’ Controversy” at the annual meeting of the Law & Society Association in Chicago in May.
Barbara Armacost ’89 has completed work on an article entitled “Immigration Policing,” which discusses the effect of the recent Arizona immigration law, and others like it, on state and local policing. While most of the legal discussion has focused on the question of whether state immigration enforcement is preempted by federal law, she asks a different question: What is the effect of immigration policing on the nature of state and local law enforcement?
Armacost argues that state immigration laws (and 287(g) agreements that deputize state and local officials to enforce federal immigration law) have changed the face of policing in destructive ways. Unlike federal enforcement, which targets criminal aliens, state and local immigration policing targets illegal immigrants who are otherwise law abiding, for example, by using traffic stops to check immigration status. Armacost argues that this kind of enforcement not only contravenes federal immigration priorities, it also threatens the widespread success of community policing, undermines public safety, and foments racial tension.
Armacost has also been invited to write a chapter for a forthcoming book entitled, The Bible and the Law, to be co-edited by Professor Robert Cochran, the Louis D. Brandeis Professor of Law and Director of the Nootbaar Institute on Law, Religion and Ethics at Pepperdine University Law School, and theologian Dr. David VanDrunen, Professor of Systematic Theology and Christian Ethics at Westminster Seminary California. The book is a collaboration between legal academics and theologians that will explore the intersection between biblical theology and law.
In April Armacost delivered the Kamm Memorial Lecture on Law and Society at Wheaton College. Her lecture, entitled, “The Lawyer as Kingdom Citizen in an Age of Terror,” explored the justifications for torture from the perspective of Christian theology.
In his role as chair of Virginia’s Commission on Mental Health Law Reform, Richard Bonnie ’69 appeared before the General Assembly’s Joint Commission on Health Care on September 7 to describe the commission’s progress over the past year and to highlight its legislative agenda for 2011. On the same day, in his role as chair of the Virginia College Mental Health Study, Bonnie presented key findings from a survey of Virginia’s colleges and universities regarding their students’ access to campus mental health services and their policies and practices for responding to students’ mental health crises. A week later, the Virginia Supreme Court recognized Bonnie for his “outstanding service” to the Commonwealth.
In June Bonnie was appointed to serve on a committee of the National Research Council conducting a two-year study of juvenile justice. He presented remarks on gun control at the University’s Batten School of Leadership and Public Policy in August. In October he spoke on tobacco policy at the Fourth Triennial Conference on Tobacco Control convened in Memphis by the National Association of Attorneys General under the 1997 Master Settlement Agreement. Bonnie will speak on the death penalty at a criminal justice conference at Vanderbilt Law School in December.
His recent publications include the third edition of his Criminal Law casebook (with professors Ann Coughlin, John Jeffries ’73, and Peter Low ’63) and articles on the effects of access to community mental health services on hospitalization rates in psychiatric services and on whether a personality disorder should qualify as a mental disease in insanity adjudications in the Journal of Law, Medicine and Ethics.
In May Margo Bagley presented “Informal Innovation” at the International Association for the Advancement of Teaching and Research in Intellectual Property Congress in Stockholm, Sweden. She was visiting professor teaching an intensive course in international patent law & policy at Singapore Management University in June. In September Bagley was a panelist on “Patent Scope Revisited: Merges & Nelson’s ‘On the Complex Economics of Patent Scope,’ 20 Years After” at the Maurer School of Law, Indiana University, in Bloomington. In November she will present “The International Patent System” to officials from the State Intellectual Property Office of China at an intensive training program at Cardozo Law School, Yeshiva University, in New York. Finally, Bagley will present “The International Patent System” at the Developing IP Strategies for Crystalline Forms Conference in London in December.
Michal Barzuza presented “What Happens in Nevada? Self-Selecting into Lax Law,” at the Annual Meeting of the American Law and Economics Association at Princeton University. She will present the same paper at the Fifth Annual Conference on Empirical Legal Studies conference at Yale in November.
Whitfield Broome been selected by his peers as a “Super CPA” in the educators category in Virginia Business magazine. In cooperation with the Virginia Society of CPAs, the magazine polled thousands of Virginia CPAs for nominations of fellow professionals they consider the very best in 12 practice categories.
In September Darryl Brown ’90 presented “Criminal Law Theory and Criminal Justice Practice” at a University of Alabama School of Law workshop. In October he spoke on the topic of indigent defense and criminal justice at a symposium entitled “The Constitution in 2020: The Future of Criminal Justice,” sponsored by Florida State University College of Law and the American Constitution Society and held in Tallahassee. In January he will present a paper at a symposium on “Criminal Law and Immigration Law” at UCLA Law School sponsored by the UCLA Law Review.
Tomiko Brown-Nagin’s book, Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement, will be published by Oxford University Press in January. Her invited review “Hollow Tropes: Fresh Perspectives on Courts, Politics, and Inequality” appeared in the book review edition of the Tulsa Law Review (Sanford Levinson & Mark Graber, guest editors).
In November Brown-Nagin will present a paper entitled “The Only Woman in the Courtroom: Constance Baker Motley and Twentieth-Century Struggles for Equality” at the annual conference of the American Society for Legal History in Philadelphia. In February she will deliver the Buck Franklin Lecture at the University of Tulsa College of Law on the subject of “Movement Lawyers, Courts, and Social Change.”
Neil Duxbury was recently named a Fellow of the British Academy. He is professor of law at the London School of Economics, where his scholarship focuses on jurisprudence, legal decision making, and common law legal history, and he is a visiting professor at the Law School. His books include: The Nature and Authority of Precedent (Cambridge University Press, 2008), Frederick Pollock and the English Juristic Tradition (Oxford University Press, 2004), Jurists and Judges (Oxford: Hart, 2001), Random Justice (Oxford University Press, 1999), and Patterns of American Jurisprudence (Oxford University Press, 1995).
In January Kim Forde-Mazrui hosted a conference entitled “Fifty Years After the Sit-Ins: Reflecting on the Role of Protest in Social Movements and Law Reform.” The conference was a great success (despite the snow storm), drawing participation by interdisciplinary faculty from across the country. The conference was sponsored by the Law School’s Center for the Study of Race and Law, which Forde-Mazrui directed for the past seven years, stepping down this summer.
In September Forde-Mazrui delivered a speech entitled “Tradition as Justification: The Case of Different-Sex Marriage” at the Third National People of Color Legal Scholarship Conference at Seton Hall Law School. The speech was based on his forthcoming article by the same title in the University of Chicago Law Review (Jan. 2011). The article evaluates the argument that bans on same-sex marriage should be upheld because different-sex marriage is a tradition, concluding that courts should be skeptical of tradition-based justifications.
In June Forde-Mazrui presented on a panel at the Association of American Law Schools’ Mid-Year Meeting on Race and Law in New York City. The panel’s theme was incorporating race into the law school curriculum. Forde-Mazrui’s presentation explained the difference between a course on race and the law and a course on critical race theory. He also discussed ways in which the experience of social categories other than race, such as religion, sex, sexual orientation, and disability, can inform the study of race and law.
Brandon Garrett’s book, Convicting the Innocent: Where Criminal Prosecutions Go Wrong, will be published by Harvard University Press in April 2011. The book explores what went wrong in the cases of the first 250 innocent people exonerated in the United States by DNA testing.
Garrett presented draft chapters from that book in a summer workshop at UVA, and also at a workshop at George Washington Law School in October. He gave a presentation on the role of lawyers in wrongful convictions at a National Institute of Justice conference, “International Perspectives on Wrongful Convictions,” and another on eyewitness misidentifications at a legislative hearing of the Virginia State Crime Commission, which is examining a statute that would reform eyewitness identification procedures. Garrett is in the Crime Commission work group examining the issue. This summer Garrett also began serving on an ABA Task Force examining the use of corporate monitors. In August he gave a talk on “The Case of Earl Washington Jr. and the Problem of False Confessions” as an orientation event to the incoming 1Ls at the Law School.
George Geis wrote a paper entitled “An Appraisal Puzzle,” that will appear in the Northwestern University Law Review. This paper focuses on recent developments in appraisal voting under Delaware law and explores some implications for corporate mergers and acquisitions. Geis has also written a chapter on organizational contracting for a book on law and economics to be published in South Asia. He has given talks recently at the Southeastern Association of Law Schools in Palm Beach, Fla., and at a conference on entrepreneurship at the University of Florida. Geis continues to direct the Law School’s Law & Business Program and will be teaching a short course on corporate finance next spring at the University of Auckland in New Zealand.
Michael Gilbert wrote “Direct Democracy, Courts, and Majority Will,” which appeared in the Election Law Journal. He also coauthored, with Robert D. Cooter of University of California-Berkeley, “A Theory of Direct Democracy and the Single Subject Rule” and a “Reply to Hasen and Matsusaka,” both of which were featured in the Columbia Law Review. He is presently working on a paper on judicial selection methods with an emphasis on the question of whether and when electing judges improves social welfare.
In May Risa Goluboff presented “People out of Place: The Sixties, the Supreme Court, and Vagrancy Law” at the Public Law Workshop at the University of Chicago Law School.
She was an instructor, with Aviam Soifer, dean of Hawaii Law School, at a summer seminar at the Institute for Constitutional History teaching The Economic Constitution: Coercion or Necessity? She also published “Dispatch from the Supreme Court Archives: Vagrancy, Abortion, and What the Links Between Them Reveal About the History of Fundamental Rights,” in the Stanford Law Review.
This fall Goluboff presented “From the Soapbox to the Courthouse: Vagrancy Law and the Repression of Free Speech” at a Harvard Law School Legal History Workshop. At the American Society for Legal History Annual Meeting she commented on “Before Roe v. Wade” by Linda Greenhouse and Reva Siegel. In December she will present a talk on the history of vagrancy law at the Michigan Law School Constitutional Law Workshop.
A. E. Dick Howard ’61 shared the platform with Supreme Court Justice Stephen Breyer at the plenary session opening Oxford University’s North American Reunion in New York. Their subject was “Magna Carta at 800,” anticipating the anniversary that will occur in 2015. Howard has written extensively on the Magna Carta and its legacy in American constitutionalism.
At the Roanoke Bar Association’s Annual Gala and Law Day celebration, Howard spoke on “The Struggle for the Supreme Court,” highlighting efforts by successive Republican presidents to shift the Court in a more conservative direction. During the summer Howard also gave updates on the Supreme Court to gatherings of Law School alumni in Richmond and Washington, D.C., focusing on President Obama’s nomination of Elena Kagan and her likely role on the Court.
The Constitution of Virginia was the subject of a lecture by Howard for the University of Virginia’s Sorensen Institute, in which he paid particular attention to efforts to amend the state constitution to shape social policy.
In Lexington Howard delivered the William Lyne Wilson II lecture at Washington and Lee University. His presentation addressed “The Changing Face of the Supreme Court,” emphasizing how the Court’s personalities and process have changed from the era of the Warren Court to that of the Roberts Court. Here at the Law School, Howard moderated a panel, sponsored by the Student Legal Forum, reviewing the Court’s 2009–10 term. In his remarks, Howard focused on the emerging Roberts Court, now in its fifth year.
In September Douglas Laycock spoke on the First Amendment Religion Clauses at the University’s Constitution Day celebration, in the Harrison Small Auditorium; and “RLUIPA 10 Years Later” at a program of the American Constitution Society, in Washington, D.C. (RLUIPA is the Religious Land Use and Institutionalized Persons Act, enacted in 2000.) Laycock was also elected a trustee of the Michigan State University College of Law. The MSU Law School is a private institution with its own board, closely integrated with the public university but still separate from it.
In October Laycock spoke on “Persuasion in Religious Freedom Cases” at a conference on Persuasion and Ideology: Politically Divisive Cases in Appellate Courts at the Michigan State University College of Law; and “Rights, Remedies, Privileges, and the Defense of Undue Hardship” at a conference on property, tort, and private law theory at the University of Southern California.
In November he spoke on “The Cross in the Desert” at a conference on government speech at Case Western Reserve University.
This summer Dan Meador participated in a panel discussing proposals for restructuring the Supreme Court at the annual meeting of the Southeastern Association of Law Schools in Palm Beach, Fla.
Last October the National Academies Committee on Science, Technology and Law celebrated its first decade with a celebratory dinner for departing co-chairs Richard A. Merrill and Donald Kennedy (former FDA Commissioner and President of Stanford). As CSTL founding co-chairs, Merrill and Kennedy took what began as an ambition to establish a dialogue between scientists, engineers, and members of the legal community and transformed it into a vibrant committee that has issued reports of national importance and convened workshops and other discussions that have influenced government policy. Over a decade they oversaw a program of published reports, symposia, public debate, and recommendations to Congress, the executive branch, and the courts on issues that involve science, law, and public policy.
In January Merrill submitted an essay titled “FDA Rulemaking” to the annual meeting of the food drug and cosmetic law section of the New York State Bar Association.
In April he delivered the Harvey Wiley Lecture at the annual meeting of the Food and Drug Law Institute, the leading organization in the field. The lecture discussed government regulation of food, drugs, and related health products. The lecture is in recognition of the instrumental role that Dr. Wiley played in the creation of FDA nearly a century ago.
This fall Greg Mitchell discussed expert opinions on unconscious bias in employment class actions at the Littler Mendelson Class Action Summit in Rancho Palos Verdes, Calif. He contributed to Vanderbilt Law Review’s online discussion of the significance of Dukes v. Wal-Mart and the need for Supreme Court review of the case. He discussed proactive approaches to reduce the risk of employment discrimination liability at the American Employment Law Council annual meeting in Naples, Fla., and discussed the role of the states in marriage decision-making at the Michigan State University Law School’s symposium on reforms to marital law.
John Monahan is the author of numerous recent publications, including: “Cultural Cognition and Public Policy: The Case of Outpatient Commitment Laws” (with co-authors D. Kahan, D. Braman, L. Callahan, and E. Peters) in Law and Human Behavior. He wrote “The Classification of Violence Risk” (R. Otto and K. Douglas, eds.), which is included in Handbook of Violence Risk Assessment (Routledge, 2010). With Laurens Walker he wrote Social Science in Law: Cases and Materials, seventh edition (Foundation Press, 2010).
His forthcoming publications include: Coercive Treatment in Psychiatry: Clinical, Legal, and Ethical Aspects. London: Wiley-Blackwell. (Kallert, Mezzich, & Monahan, eds.); “Beyond context: Social facts as case-specific evidence” co-authored with G. Mitchell and L. Walker, in the Emory Law Journal; “Mandated Psychiatric Treatment in the Community: Forms, Prevalence, Outcomes and Controversies” (T. Kallert, J. Mezzich, and J. Monahan eds.) in Coercive Treatment in Psychiatry: Clinical, Legal, and Ethical Aspects (London: Wiley-Blackwell); “Extending violence reduction principles to justice-involved persons with mental illness,” co-authored with H. Steadman in Applying Social Science to Reduce Violent Offending (J. Dvoskin, J. Skeem, R. Novaco, and K. Douglas, eds.) (New York: Oxford University Press); “Twenty-five years of Social Science in Law,” co-authored with L. Walker, in Law and Human Behavior; and “Assessing outcomes for consumers under New York’s Assisted Outpatient Treatment Program,” co-authored with M. Swartz, C. Wilder, J. Swanson, R. Van Dorn, P. Robbins, H. Steadman, L. Moser, and A. Gilbert in Psychiatric Services.
John Norton Moore continues to undertake a variety of scholarly pursuits in addition to his full teaching schedule. As director of the Center for National Security Law, he is especially pleased to announce the release of an important new book, Legal Issues in the Struggle Against Terror (Carolina Academic Press, 2010) which was produced by the center. This collection of essays on key legal issues facing America post 9/11 is co-edited by Moore and Robert F. Turner ’81, S.J.D. ’96 and features a foreword by James Woolsey, the former director of Central Intelligence. It also includes a chapter by Moore on civil litigation against terrorism. In May 2010 the center hosted a day-long book event announcing its release at the National Press Club in Washington, D.C., and several of the contributors presented versions of their papers, with Woolsey delivering the luncheon address.
In October Moore traveled to Mexico City to provide the opening keynote address at the First International Seminar on National Security Law sponsored by CISEN (Center for Research and National Security/ Centro de Investigación y Seguridad Nacional - México). He spoke on “Intelligence Law.”
The Center for National Security Law is one of the co-sponsors of the ABA’s Annual Review of the Field of National Security Law. The 20th Annual Review took place in Washington, D.C., November 4–5. Moore gave the opening remarks and moderated a panel on targeted killing and the use of unmanned aerial systems.
The Center for Oceans Law and Policy (COLP), which Moore also directs, is in the early planning stages for the center’s 35th annual conference, scheduled for Bali, Indonesia, in June. The featured topic is “Maritime Border Diplomacy.”
Moore is also pleased to announce the publication of Changes in the Arctic Environment and the Law of the Sea (Martinus Nijhoff, 2010) which is a collection of papers from the 34th COLP conference held in Alaska in 2009. The proceedings volume is co-edited by Myron H. Nordquist ’77, Moore, and Tomas H. Heidar, and was produced under the auspices of the Center for Oceans Law and Policy.
Moore is the chair of the 2011 Sokol Colloquium Committee and planning is underway for this April event at the Law School.
John Morley’s article, “Taking Exit Rights Seriously: Why Governance and Fee Litigation Don’t Work in Mutual Funds” appeared in volume 120 of the Yale Law Journal in October.
Dan Ortiz has two papers coming out: “Comparative Positive Political Theory,” in Comparative Administrative Law (Susan Rose-Ackerman and Peter L. Lindseth eds., 2010) with co-author with M. Elizabeth Magill ’95, and “Las Asociaciones Y Su Legitimación Activa: Una Comparación Entre El Sistema Norteamericano Y El Argentino,” co-authored with Juan Cruz Azzarri, which will appear in a fall issue of El Derecho, an Argentine publication.
In April, Margaret Foster Riley presented “A View from Academia: ‘To SCRO or not to SCRO’ Stem Cell Ethics and Justice Issues, The Role of Institutional Oversight” at a panel on cell-based therapies during the Food and Drug Law Institute annual meeting in Washington, D.C.; and in May, “Ethics in Biotechnology: Genetically Engineered Animals” at the BIO annual meeting in Chicago.
In September Riley presented “Sharing Results with Participants in Large-Scale Genomic Studies: Pitfalls, Perils and Possibilities” at the GARNET Working Group, National Institutes of Health, in Rockville, Md.
In June she published for the Council for Agricultural Science and Technology, “Ethical Implications of Animal Biotechnology: Considerations for Animal Welfare Decisionmaking,” with Paul B. Thompson, Fuller D. Bazer, and Edna F. Einsiedel.
In March Mike Ross ’77 taught the practical mergers & acquisitions seminar that he taught from 2000-08 at the Law School at Peking University’s School of Transnational Law in Shenzhen, China. The school is the only one that offers Chinese students in China a U.S. J.D. Kevin Kordana taught a seminar on non-profits there in June.
Fred Schauer published “Can Bad Science Be Good Evidence? Neuroscience, Lie-Detection, and Beyond” in the Cornell Law Review. In September he presented his paper on “Bentham on Presumed Offenses” in the faculty enrichment series at the University of North Carolina School of Law, and served on the “jury” for the defense of a doctoral dissertation on comparative French and American free speech law and principles, at the Ecole des Hautes Etudes en Sciences Sociales in Paris.
Schauer also published in the Georgia Law Review, “When and How (If at All) Does Law Constrain Official Action,” the John Sibley Lecture; and in the UCLA Law Review “Facts and the First Amendment,” the Melville Nimmer Memorial Lecture.
In October Schauer taught a short, intensive course on theories of legal reasoning at the Faculty of Law, University of Western Ontario, London, Ontario, Canada.
In November he delivered the David C. Baum Memorial Lecture on Civil Rights and Civil Liberties at the University of Illinois College of Law on the topic of transparency. The written version will appear in the University of Illinois Law Review. He gave the keynote address, “McAuliffe Revisted,” at a conference on government speech at Case Western Reserve University School of Law.
In December Schauer will teach an intensive course on the theory and practice of legal reasoning at the Radzyner School of Law, Interdisciplinary Center Herzliya in Herzliya, Israel.
In January his review essay entitled “The Best Laid Plans” will be published in the Yale Law Journal; and The Theory of Rules by Karl Llewellyn, edited and with an introduction by Schauer, will be published in spring by the University of Chicago Press.
In February he will deliver the John Randolph Tucker Lecture at the Washington and Lee School of Law on the topic of “The Unnoticed World of Appellate Fact-Finding.” The written version will be published in the Washington and Lee Law Review. He will also present a paper on “The Authority of Judicial Decisions in the Obama Administration” at the Conference on Constitutional Transformations at the Marshall-Wythe School of Law at the College of William and Mary.
Next March he will present a paper, “Comparative Constitutional Compliance,” at the George Washington University Colloquium on Comparative Constitutional Law.
Rich Schragger’s article “Decentralization and Development,” will be published in December in the Virginia Law Review. “The Relative Irrelevance of the Establishment Clause” is forthcoming in February in the Texas Law Review. The Drexel Law Review is publishing an article entitled “Does Governance Matter? The Case of Business Improvement Districts and the Urban Resurgence,” which grew out of Schragger’s remarks at a conference at Drexel entitled “Business Improvement Districts and the Evolution of Urban Governance.” In October he participated in a conference at the Cardozo Law School, “Twenty Years After Employment Division v. Smith: Assessing the Free Exercise Landmark of the Twentieth Century and How it Changed
Gil Siegal (with Neomi Siegal) published “Leadership and the Road to Personal Responsibility to Healthy Behavior—Between Autonomy and Paternalistic Interventions” in Personal Responsibility (ed. Bruce Rosen et al. 2010). In March 2011, Siegal will be the director of an international seminar on “Genetics, Ethics & the Law” at the European Genetic Foundation in Bologna, Italy.
Chris Sprigman has an article coming out in the December issue of Cornell Law Review, titled “Valuing Intellectual Property: An Experiment.” He has a follow-up article coming out shortly thereafter in the University of Chicago Law Review, titled “The Creativity Effect.” He is now working on a book on intellectual property law, slated to be published by Oxford University Press in 2011.
Paul Stephan ’77 is spending the semester as the Justin D’Atri Visiting Professor of Law, Business and Society at Columbia Law School. During the fall, he will present a paper on the political economy of extraterritoriality at Duke Law School, and at Columbia he will deliver a paper on privatizing international law.
Ted White’s article, “The Lost Origins of American Judicial Review,” appeared in October in the George Washington Law Review. White also has a chapter entitled “The Origins of Modern American Legal History,” in Transformations in American Legal History (Daniel Hamilton and Alfred Brophy, eds.)
White delivered the Hendricks Legal History Lecture, “Recovering the Legal History of the Civil War.” at Washington and Lee Law School in October. In April he will deliver the opening address at a conference at Pepperdine Law School, “Supreme Mistakes,” reviewing notorious decisions by the Supreme Court of the United States.
In February George Yin moderated a panel on federal careers for the Public Service Conference at the Law School.
In March he organized the Law School’s annual meeting of the Virginia Tax Study Group, a group of practitioners, academics, and government representatives who have ties to the Law School and who are interested in tax policy issues. This year’s program presented papers on statutory interpretation, domestic and international tax reforms to improve the efficiency and equity of the tax system, and the problems associated with administering social programs through the tax system. Representatives from all three branches of government made presentations.
In October Yin participated in a program at the University of Connecticut School of Law comparing the advantages of “lasting” and “temporary” federal legislation in the area of taxes and spending.
Yin published “Publicly Traded Partnerships, Closely Held Corporations, and Entity Classification for Tax Purposes” in Taxes. His paper urges a more rational system of business taxation in which only publicly owned ventures are subject to an entity-level tax and private firms are taxed on a pass-through basis. He also published “Should Congress Abolish the Joint Committee on Taxation?” in Tax Notes, in which he explains the contributions of the Joint Committee on Taxation in the legislative process.
Yin continues his work on a casebook on corporate tax that will be a companion volume to a partnership tax casebook published by Aspen in 2009. He is also doing preliminary work on a project involving the history of the Joint Committee on Taxation and its implications for the current legislative process.