Faculty News & Briefs
In March Kenneth Abraham presented a paper entitled, “Catastrophic Oil Spills and the Problem of Insurance” at a Conference on “The BP Oil Spill” at Vanderbilt Law School. In April he presented a paper entitled, “Strict Liability in Negligence” at the 17th annual Clifford Symposium on Tort Law and Social Policy at DePaul Law School in Chicago.
Abraham is now serving as an advisor for the American Law Institute Project, “Principles of Liability Insurance.”
Kerry Abrams is publishing two new articles: “Marriage Fraud” in the California Law Review (February 2012) and “Peaceful Penetration: Proxy Marriage, Same-sex Marriage, and Recognition” in the Michigan State Law Review (November 2011).
Abrams also co-authored an amicus brief in a United States Supreme Court case challenging a gender-based citizenship rule, Flores-Villar v. United States; moderated a panel on teaching verbal persuasion in the law school curriculum at the Southeastern Association of Law Schools’ annual conference in July; and presented a draft paper on married women’s state and national citizenship rights at the American Society of Legal History conference in November.
In June Margo Bagley presented “Legal Challenges to Gene Patents” at the Second National Conference on Genetics, Ethics and the Law held at the Law School in June. In July she taught International Patent Law & Policy in the George Washington University Munich Summer Intellectual Property Program at the Max Planck Institute in Munich.
In November she presented “The International Patent System” to officials from the State Intellectual Property Office of China and regional administrative officials in an intensive training program at Cardozo Law School at Yeshiva University in New York.
Bagley published “Review of The Global Governance of Knowledge: Patent Offices and Their Clients, by Peter Drahos” in IP Law Book Review.
Michal Barzuza’s article, “Market Segmentation: The Rise of Nevada as a Liability-Free Jurisdiction,” is forthcoming in the Virginia Law Review. In May she presented the article at the annual meeting of the American Law and Economics Association at Columbia Law School.
At the end of June Whitfield Broome completed eight years on the Virginia Board of Accountancy, during which time he served as chair (2009–10) and vice-chair (2008–09). Broome was appointed to an initial four-year term by Governor Mark Warner and reappointed to a second four-year term by Governor Tim Kaine. The Virginia Society of Certified Public Accountants recently posted a tribute to his service, and to the service of Steve Holton who also retired, saying “The two VSCPA members sat on the Board during a time of significant change to the CPA profession and served CPAs and the Commonwealth with a steady hand.
“It has been an incredibly satisfying experience for me,” Broome said. “It was my good fortune to be on the Board during a time of great progress, and I am pleased with the VBOA’s accomplishments.”
Tomiko Brown-Nagin has two forthcoming chapters being published: “Rethinking Accommodationism,” in South Meets North: Creating A New Narrative of the Civil Rights Movement (Aldon Morris, Martha Biondi & Thomas Sugrue, eds); and “Judging for Dystopia: Judge Constance Baker Motley and the Clash of Idealism and Realism,” (Law and the Utopian Imagination, Austin Sarat, ed., Stanford University Press, 2012).
In April Brown-Nagin gave the keynote address, “Rethinking Accommodationism,” to the Law School Foundation Board of Trustees and Alumni Council.
In June she presented “Shifting Perspectives on Educational Equality in the Long Civil Rights Movement” to members of the D.C. Court of Appeals.
In September Brown-Nagin was featured author at the Decatur Book Festival for Courage to Dissent, and had an on-air interview on the Harrisonburg, Va., NPR affiliate, giving commentary on “Class Warfare” in U.S. politics.
In November she was a consultant for the National Center for Civil and Human Rights, in Atlanta, and appeared at the annual meeting of the American Society for Legal History in their program “Author Meets Reader, Courage to Dissent.”
In May Albert Choi was elected to the board of directors of the American Law and Economics Association for a three-year term.
His paper (with George Triantis LL.M. ’86), “Strategic Vagueness in Contract Design: The Case of Corporate Acquisitions,” published in the Yale Law Journal, was selected by the Corporate Practice Commentator as one of the top 10 corporate and securities articles of 2010.
In November Choi is giving law and economics workshops at University of Texas Law School and will present at the Theoretical Law and Economics Conference at Washington University in St. Louis.
He is scheduled to conduct another law and economics workshop at Columbia Law School in March.
In September George Cohen presented his paper, “The Financial Crisis and the Forgotten Law of Contracts,” at a Law School faculty workshop. The article explores how courts could use a number of contract doctrines to address perhaps the biggest current problem resulting from the nation’s financial crisis: the huge number of foreclosures of residential mortgages that have occurred, are occurring, and are expected to continue for some time.
Michael Collins published (with Jonathan Nash, Emory Law School) “Prosecuting Federal Crimes in State Courts” in the Virginia Law Review.
In September Brandon Garrett received the fifth annual Constitutional Commentary Award for his book, Convicting the Innocent: Where Criminal Prosecutions Go Wrong, from the Constitution Project at their annual celebration of Constitution Day. The award is given annually to the author or producer of an outstanding work that has improved the quality of public discourse through insightful, articulate analysis of a constitutional issue of the day.
Garrett’s recent work was cited by the Pennsylvania Supreme Court in Commonwealth v. Write in February; the Tennessee Supreme Court in Powers v. State; the Federal Court of Claims in Lyons v. U.S.; and the Sixth Circuit in In re Noling in June; and the New Jersey Supreme Court in its State of New Jersey v. Henderson decision in August.
Garrett’s article “Globalized Corporate Prosecutions” will be published by the Virginia Law Review this fall. A companion research resource on federal corporate convictions and plea agreements over the past decade will be available as well. Garrett says it was constructed with invaluable help of Jon Ashley of the Law School’s Arthur Morris Law Library, as a companion to the resource already available on corporate deferred and non-prosecution agreements.
“Eyewitnesses and Exclusion” will be published next spring by Vanderbilt Law Review. On the subject of research on eyewitness misidentifications, Garrett wrote a short piece for the New York Times online titled “Procedures that Defy Science.”
A multimedia online resource, co-produced with the Law School’s Innocence Project, titled “Getting it Right” was launched online in August. It features data from Garrett’s Convicting the Innocent book, video, interviews, research resources, and recommendations for criminal procedure reforms to prevent wrongful convictions. Also related to the book, Garrett wrote two op-eds, one in the Washington Post (May 13) entitled “After Osama bin Laden’s Death, Imagining a World without DNA Evidence;” and the other, “Convicting the Innocent in Virginia,” in the Richmond Times-Dispatch (April 25); and spoke about the book at Duke Law School.
Also in May Garrett gave a West/Thompson online CLE presentation titled “False Confessions and Wrongful Convictions,” and in April addressed the Charlottesville-Albemarle Criminal Bar Association.
In September Garrett gave a lecture entitled “Forensics, Trial Lawyering, and Wrongful Convictions,” at an NIJ sponsored Forensic Science Conference in Los Angeles.
In October Garrett gave a Hoffinger Criminal Justice Forum lecture at New York University, and spoke at University of Baltimore School of Law, the Virginia Association of Criminal Defense Lawyers, and to the Charlottesville Bar Association. He presented a work in progress, “Habeas Corpus and Due Process,” at a Law School faculty workshop. Related to habeas corpus, Garrett has signed a contract to produce a federal habeas corpus casebook, focusing on both executive detention and post-conviction remedies, with Foundation Press, to be co-authored with Lee Kovarsky ’04.
In November he spoke at the American Society of Criminology annual meeting in Washington, D.C.
Next January Garrett is scheduled to speak at Sandra Day O’Connor College of Law, Arizona State University. In March he is scheduled to speak at a symposium issue that the New England Law Review is publishing about the “Convicting the Innocent” book.
George Geis’s latest article, “Broadcast Contracting,” will be published by the Northwestern University Law Review in 2012. This project explores the legal treatment and economic implications of third party beneficiary rights in contract law.
In March Geis taught a short course in corporate finance at the University of Auckland, and in June he visited the University of Trento in Italy to run a short session on organizational economics and theories of the firm. Geis presented his research at both universities, as well as at recent conferences at the George Washington University Law School and the University of Florida.
Finally, Geis continues to direct the Law School’s Law & Business Program and has participated in several student panels and activities in that context.
Michael Gilbert has a paper forthcoming in the Journal of Legal Studies entitled, “Does Law Matter? Theory and Evidence from Single Subject Adjudication.” He has another paper undergoing peer review titled, “Judicial Independence and Social Welfare.” It confronts longstanding and important questions: what is the socially optimal level of judicial independence, and relatedly, how should we select judges?
In the coming months Gilbert will write a follow-up article, tentatively titled “Independence in Legal Institutions,” that will generalize his argument to a host of legal decision makers for whom independence is an issue: judges, bureaucrats, prosecutors, auditors, and others.
Last year, Gilbert published “A Theory of Direct Democracy and the Single Subject Rule” in the Columbia Law Review (coauthored with Robert D. Cooter from U.C. Berkeley); “Reply to Hasen and Matsusaka,” in the Columbia Law Review Sidebar (coauthored with Robert D. Cooter from U.C. Berkeley); and “Direct Democracy, Courts, and Majority Will” in Election Law Journal.
In June Risa Goluboff presented “Showdown at the Liberty End Café: Louis Lusky, Shuffling Sam Thompson, and the Challenge to the Police as Peace-keeper” at the Summer Faculty Workshop; and in July she presented it to the faculty at the University of Hawaii Law School.
In August Goluboff presented, “Racial Subordination, Civil Rights Protest, and the New Free Speakers” at the new UVA Working Group on Racial Inequality, of which she is a founding member.
In November Goluboff participated in a conference on “From Civil War to Civil Rights” at the National Civil War Center at Tredegar, a new museum in Richmond.
Thomas L. Hafemeister published (with Sharon G. Garner & Veronica E. Bath) “Letting Justice Ring: Applying the Principles of Restorative and Procedural Justice to Better Respond to Criminal Offenders with a Mental Disorder in the Buffalo Law Review; “If All You Have Is a Hammer: Society’s Ineffective Response to Intimate Partner Violence) in the Catholic University Law Review (forthcoming this fall);and “The Health Care Reform Act of 2010 and Medical Malpractice Liability: Worlds in Collision?” (with Joshua Hinckley-Porter) in the SMU Law Review (to be republished in the DePaul Journal of Health Care Law [forthcoming].
Hafemeister has also published (with Shelly L. Jackson) “Elder Maltreatment: Lessons Learned from Interviews with APS Caseworkers and the Elderly Victims They Serve, Victimization of the Elderly & Disabled” for the Civic Research Institute; “How Do Elderly Persons Who Have Been Abused and the APS Caseworkers Who Handle Their Cases View Law Enforcement and Criminal Prosecution and What Impact Do These Views Have on the Processing of These Cases?” in the Journal of Elder Abuse & Neglect (forthcoming 2011]; and “Risk Factors Associated with the Abuse of Elderly Persons: The Importance of Differentiating by Type of Elder Maltreatment” in Violence & Victims [forthcoming 2011].
Also, with his colleague Shelly Jackson, Hafemeister recently completed a three-year long National Institute of Justice (NIJ) funded study on elder abuse, with a special focus on financial exploitation of the elderly, which resulted in a 600+ page final report that is posted on the NIJ web site. These findings have also served as the foundation for 15 manuscripts at this point, three of which have been accepted for publication, four of which are under review by various journals, another four of which are almost ready for submission, and another four of which are in preparation. In addition the duo has been asked by NIJ to generate a pair of spin-off mini-reports that the agency plans to disseminate nationally. The predecessor for this was a chapter that Hafemeister wrote on “Financial Exploitation of the Elderly” that was published by the National Academies of Science. The results of these efforts have also served as the basis for numerous presentations to various professional organizations across the country in the last couple years and have generated interest from media, attorneys, advocates, and family members of purported victims of abuse.
Earlier this year Hafemeister served as an invited guest blogger for the HealthLawProf Blog and was subsequently invited by the editors of the blog to become a co-editor.
Hafemeister will be co-author of the leading casebook on mental health law, Law and the Mental Health System: Civil and Criminal Aspects (6th ed., forthcoming Summer 2013), which will continue to be published by West.
Hafemeister has agreed to serve as a member of the initial board of advisors for the newly established law review Mental Health Law & Policy Journal. He has also agreed to serve beginning this year as a consultant on a National Institute of Justice grant entitled “Financial Exploitation of the Elderly in a Consumer Context.”
He will also serve as a content consultant to Red Line Editorial, Inc., which is publishing a textbook for middle school students addressing the Arizona shootings on January 8th that killed six people, including a nine-year-old girl (Christina Taylor Green) and the Chief U.S. District Court Judge for Arizona John Roll LL.M. ’90, and left 14 others injured, including U.S. Representative Gabrielle Giffords. In addition to an account of the shootings, which focuses on Giffords, the text explores the history of the alleged shooter, Jared Loughner, and the subsequent criminal proceedings involving him, during which he has been found to be incompetent to stand trial. Hafemeister recently reviewed and provided feedback on the first draft of this text.
Hafemeister served as an invited speaker at the 2011 Annual Spring Training Conference of the Virginia Mediation Network held at the University of Richmond Law School. In addition, he accepted this summer an invitation from a scholar in England associated with the Centre for American Legal Studies to contribute a chapter to a forthcoming collection entitled Controversies in American Healthcare Law and Policy” to be published by Ashgate Publishers in 2013. The working title of his chapter is “The Evolving Nature of the Professional Liability of Mental Health Providers.”
A number of his articles have received additional outside attention in the past year, some posted on websites such as HealthyParent.com; the Northern California Law Center; the Maricopa County (Phoenix) Courts, and Chicago Criminal Defense; and others cited in the Code of Medical Ethics of the American Medical Association.
Toby Heytens ’00 has an essay forthcoming in the Cornell Law Review entitled “The Framework(s) of Legal Change.” In an earlier article, Heytens had identified and criticized a previously underappreciated method for limiting the disruptive effects of legal change: a “forfeiture” approach that subjects criminal defendants who failed to anticipate new rulings to a narrow form of appellate review that virtually guarantees they will lose. His forthcoming article expands the analysis in light of the Supreme Court’s recent decision in Davis v. United States, which suggests a different, “remedy-limiting” approach.
A. E. Dick Howard ’61 met with lawyers from Zimbabwe to review a draft constitution prepared by the Law Society of Zimbabwe. Several days of meeting were held at James Madison’s Montpelier and at the Law School. Participants included some of Zimbabwe’s leading lawyers, including the past and present presidents of the Law Society, as well as scholars and lawyers from South Africa, Nigeria, and Kenya. Special attention was paid to issues of executive power, the judiciary, human rights, and the rule of law generally.
At this year’s Fourth Circuit Judicial Conference, Howard organized and moderated a discussion of the Supreme Court’s most recent term. Panelists included Heather Gerken (Yale), Mike McConnell (Stanford), Neil Siegel (Duke), and Adrian Vermeule (Harvard).
In Richmond Howard delivered an endowed lecture, the Banner Lecture, at the Virginia Historical Society. His subject was “The Constitution of Virginia: From Jefferson’s Day to Our Own Time.” Howard recounted the great moments, such as the adoption of the Virginia Declaration of Rights, and the more sobering episodes, including Virginia’s massive resistance to school desegregation. As a sequel to the lecture, Howard conducted a two-part seminar at the society, “The Idea of a Constitution.” In that seminar, he traced the development of Anglo-American ideas of constitutionalism, as well as perspectives from other countries and cultures. Howard also lectured on Virginia’s Constitution at a Virginia Bar Association meeting at Montpelier.
Howard organized the annual Supreme Court Roundup at the Law School, reviewing the Court’s most recent term. Howard gave an overview of the term and of the emerging Roberts’ Court. Four faculty members—Toby Heytens ’00, Leslie Kendrick ’06, David Martin, and George Rutherglen—discussed specific cases. Also, at the National Security Law Institute, sponsored by the Center for National Security law, Howard lectured on “Revolutions and Constitutions.” He paid particular attention to the uprisings in Egypt and elsewhere in the region and the kinds of constitutions that might emerge.
Howard also traveled to England, where he met with the chairman of that country’s Magna Carta Trust, the librarian of Oxford’s Bodleian Library, and others planning for the 800th anniversary of Magna Carta in 2015.
In July Alex Johnson was a panelist at the Southeastern Association of Law Schools 2011 annual meeting. The topic and title for the panel was “Real Property and Real Poverty.” Julia Mahoney was a co-panelist, among others. The basis of Johnson’s presentation was his article, “Applying Bounded Rationality to the Origination of Mortgages: A Call for Increased Transaction Costs--What Would Coase Say?”
In October Johnson was keynote speaker at the Northeastern Region of the National Black Students Association in Boston at Northeastern University School of Law. The title of his talk was “The Evolution of the LSAT and its Effect on Minority Law Students.”
In November the Law School’s Center for the Study of Race and Law, of which Johnson is the director, co-sponsored a conference with the Virginia State Bar Conference on Diversity and various student organizations. The conference, “Eliminating Impediments in the Pipeline for Lawyers of Color,” featured several Law School alumnae, including Kim Keenan ‘87, general counsel, National Association for the Advancement of Colored People; Virginia Supreme Court Justices Bernard Goodwyn ‘86 and Cleo Powell ’82.
Johnson’s revised third edition of Understanding Modern Real Estate is now in publication with Lexis/Nexis.
In May Douglas Laycock spoke on “Guide to Restatement of the Law Third: Restitution and Unjust Enrichment,” at the annual meeting of the American Law Institute in San Francisco. In September he spoke on “Bona Fide Payees” at a Boston University conference on that new Restatement.
In October Laycock argued for the Church in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission in the Supreme Court of the United States. He spoke about the case at Georgetown University in October and at the Federalist Society National Lawyers Convention, and to the UVA Department of Religious Studies, in November.
Laycock recently published The Free Exercise Clause, which is volume 2 of Religious Liberty, a collection of all his writings on religious liberty. He also published “Reviews of a Lifetime” in the Texas Law Review, responding to three reviews of volume 1, and “Government-Sponsored Religious Displays: Transparent Rationalizations and Expedient Post-Modernism” in the Case Western Reserve Law Review.
The Department of Homeland Security appointed David Martin as a member of an advisory task force asked to consider Secure Communities, DHS’s program for checking against immigration databases the fingerprints of arrested persons that are sent by state and local law enforcement authorities to the FBI. Secure Communities is becoming the primary means used by DHS to identify deportable noncitizens who are involved in criminal activity, but some localities have found it controversial because of its potential impact on community policing. Martin served on the working group that completed the final drafting for the Task Force, which adopted its 30-page report in September. The recommendations, which focused prominently on the treatment of persons arrested for minor traffic offenses, were then accepted by the Homeland Security Advisory Committee and transmitted to Secretary Janet Napolitano ’83.
In September Martin took part in the panel discussion held in Caplin Pavilion on “9/11 and the Law—10 Years Later.” He also participated in a debate with Ilya Schapiro of the Cato Institute, regarding the constitutionality of SB 1070, the strict Arizona immigration enforcement law adopted in 2010. Martin argued that the law was mostly preempted by federal law, as the Ninth Circuit had ruled. The event was sponsored by the Federalist Society and drew over 100 students.
This fall Greg Mitchell discussed the use of social science evidence in employment cases at the Littler Mendelson Class Action Summit and the American Employment Law Council annual meeting. He also published two papers with John Monahan and Larry Walker on expert evidence in Sociological Methods & Research, and published an essay on marriage regulations in the Michigan State University Law Review.
John Monahan was cited (with Greg Mitchell and Larry Walker) in the in the U.S. Supreme Court’s Wal-Mart v. Dukes case, and (with Brandon Garrett) in the recent Henderson eyewitness identification case of the N.J. Supreme Court.
He has articles forthcoming (both co-authored with Mitchell and Walker), including “The ASA’s Missed Opportunity to Promote Sound Science in Court,”and “Case-Specific Sociological Inference: Meta-Norms for Expert Opinions,” both in Sociological Methods and Research.
Also forthcoming is “Violence Risk Assessment” in R. Otto (Ed.), Handbook of Psychology (2d ed); “The Individual Risk Assessment of Terrorism,” in Psychology, Public Policy, and Law; and (with Bonnie, R., Davis, S., and Flynn, C.) “Interventions Used by Colleges to Respond to Student Mental Health Crises,” in Psychiatric Services.
In June John Norton Moore made a presentation to a symposium at The Hague Academy of International Law on “The Nicaragua Case 25 Years Later.” He presented a paper on “Jus ad Bellum Before the International Court of Justice” which examined the history of use of force decisions in the International Court. The paper was critical of a number of use-of-force decisions before the Court, including the Nicaragua Case, the Iran Platforms Case, and the Israeli Wall Case. The symposium was extremely well attended, including many of the judges of the International Court.
In September Moore gave a brief presentation “Will an Arab Fall Follow the Arab Spring?” at the “More Than the Score Pre-Game Lecture Series” (offered by the UVA Alumni Education Program).
Moore, the project director of the Center for Oceans Law and Policy’s Commentary series on the United Nations Convention on the Law of the Sea, announced the arrival of volume VII, the final volume in the series. A paperback supplement for the series has gone to press and will be released this fall.
In addition to substantially revising the Communications Regulation casebook he co-authors with Glen Robinson, Tom Nachbar completed several papers on counterinsurgency and U.S. detention policy, one of which he presented a faculty workshop at Virginia in September. He also recently completed a chapter on the U.S. military’s role in international legal development for an upcoming ABA-sponsored book.
Nachbar continues to serve as a U.S. Army Reserve judge advocate, currently assigned to the Office of the Judge Advocate General, International and Operational Law Division. This summer, he became a civilian advisor for the U.S. Department of Defense, Office of Rule of Law and Detainee Policy.
Jeffrey O’Connell has written, with coauthors, two articles to be published shortly: “No Fault at 40,” to be published in pamphlet form; and “More on the Disputed Effects of Binding Early Offers in Medical Malpractice Cases,” (Joel Hibbard ’11 is one of the co-authors), and will appear in the Widener Law Review.
This spring Bob O’Neill concluded a teaching career that began in the fall of 1956. O’Neil retired from full-time teaching in the spring of 2007 but continued to guide the First Amendment Clinic until this spring.
O’Neil has taken two part-time roles: general counsel of the American Association of University Professors (a role he also held in 1970–72 and 1990–92); and a senior fellow of the Association of Governing Boards of Colleges and Universities. He has just contributed two articles to the current issue of Trusteeship, the Association of Governing Boards’ magazine.
In October an event in the Law School’s Caplin Pavilion recognized O’Neil’s role as founding director of the Thomas Jefferson Center and, more recently as the founding president of the Virginia Coalition for Open Government.
In January O’Neil will receive the Virginia First Freedom Award from the First Freedom Center at a dinner in Richmond. In March, he will deliver the keynote address at the Freedom Forum for national Freedom of Information Day. In June O’Neil will help plan a panel on academic freedom issues during the annual conference of the National Association of University Attorneys in Chicago.
Dan Ortiz is preparing an article on associational rights for New York University’s Journal of Legislation & Public Policy, one on the informational interest in campaign finance disclosure for the Virginia Journal of Law & Politics, and co-authoring one in Spanish on comparative administrative law for El Derecho, an Argentinian law journal. He is also writing a piece on employment discrimination for the Encyclopedia of Management. Ortiz is now past chair for the Law School Admission Council.
The Supreme Court Litigation Clinic, of which Ortiz is the director, is now working on several petitions for the Court to consider this year.
Saikrishna Prakash has an article forthcoming in the Columbia Law Review entitled “The Indefensible Duty to Defend,” co-authored by Neal Devins. He has also submitted his book manuscript on the original conception of the presidency to various publishers, and is on a paper on the “Appointment of William Marbury” and when an appointment vests.
At the ASLME Health Law Professor’s Conference in Chicago in June Mimi Riley presented “Electronic Health Records and Family History: Ethical, Legal and Social Issues in Family Data-Sharing;” and participated in a panel on “Public Attitudes Towards Genomic Data Sharing” at the Genetics Alliance Meeting in Washington, D.C.
In July Riley presented a talk entitled “Rights, Regulatory Systems and Regulation: How the Interplay of Different Concepts of Rights Within Different Regulatory Systems Affects Regulation of Biomedical Use of Animals” at a conference co-sponsored by the U.S. Institute of Medicine and the UK Home Office at the Kavli Center in Buckinghamshire, UK. She also had a piece published in the FDLI Policy Forum, “How Should Ethics Affect FDA Regulation of Genetically Engineered Animals?”
In August, LexisNexis published a textbook, Ethics & Integrity in Law & Business—Avoiding ‘Club Fed’ by Mike Ross ’77. Providing interesting materials and practical scenarios, the book focuses on law firm practice and business clients’ issues, providing the relevant rules governing both.
George Rutherglen finished a book, Civil Rights in the Shadow of Slavery: A History of the Civil Rights Act of 1866, as well as new editions of Major Issues in the Law of Employment Discrimination (5th ed.) and Employment Discrimination: Law and Theory (3d ed.). He also prepared two articles on the Thirteenth Amendment to be given at conferences in New York and in Madison, Wisc., and he wrote a brief note on class actions for the online version of the Virginia Law Review, “Wal-Mart, AT&T Mobility and the Decline of the Deterrent Class Action.”
Fred Schauer published “Positivism Before Hart” in the Canadian Journal of Law and Jurisprudence; “Transparency in Three Dimensions,” from the David Baum Memorial Lecture at the University of Illinois, in the University of Illinois Law Review; and “Bentham on Presumed Offenses” in Utilitas.
In September Schauer received the Law School’s Roger and Madeleine Traynor Faculty Achievement Award.
In October he was awarded the Marshall-Wythe Medallion at the College of William & Mary Law School. The medallion is the highest honor conferred by the law faculty; previous honorees include Supreme Court Justices William Brennan, Ruth Bader Ginsburg, Thurgood Marshall, Sandra Day O’Connor, and Lewis Powell; and Judges Guido Calabresi and Richard Posner.
Schauer conducted a seminar on “Stereotyping and Profiling” in the Department of Bioethics of the National Institutes of Health, and delivered papers entitled “On the Open Texture of Law” at law faculty workshops at Duke University and the University of Miami, “Is It (Politically) Risky to Disobey the Law?” at Harvard Law School, and “The Ubiquity of Prevention” at conference on Prevention and the Criminal Law at Oxford University.
He spoke on “Legal Fictions Revisited” at the Colloquium on Law and Truth in Mexico City and in Spain at the University of Girona, and on “Academic Freedom” at the University of Arkansas.
Rich Schragger will be publishing “Reviving the Regulatory City” in the Magill Law Journal as part of a symposium on Justice and the City; and “Democracy and Debt” in the Yale Law Journal. Both will be out in early 2012.
Gil Siegal S.J.D. ’09 received a grant from the Israeli National Institute for Health Policy and Health Services Research to study “Priority to organ donor cards holders,” for 2011–13.
He also co-wrote with Miron-Shat, T, Golan, O, Brezis, M, and G.M. Doniger, “The Status of Shared Decision-Making and Citizen Participation in Israeli Medicine;” and in a special issue “Implementation of Shared Decision Making in Health Care” in the German Journal for Evidence and Quality in Health Care; and “Legal Aspects of Telemedicine,” in Clinics of North America.
Bobbie Spellman finished serving on the National Academy of Science Committee on Behavioral and Social Science Research to Improve Intelligence Analysis for National Security. Her committee published a report to improve intelligence analysis for National Security, “Intelligence Analysis for Tomorrow: Advances from the Behavioral and Social Sciences.”
The committee also published a book of individual chapters containing the scientific bases for the report in which appeared her chapter, “Individual Thinking,” in B. Fischhoff & C. Chauvin (Eds.), Intelligence Analysis: Behavioral and Social Scientific Foundations (pp. 117–141).
Spellman also published “Law and Psychology: Problems and Promise,” in B. van Klink & S. Taekema (Eds.), Law and Method: Interdisciplinary Research into Law; and “Accuracy, Confidence, and Calibration: How Young Children and Adults Assess Credibility” (with Tenney, E. R., Small, J. E., Kondrad, R. L., Jaswal, V. K.) in Developmental Psychology.
Finally, Spellman held a workshop on “Psychological Foundations of Evidence Law” at Temple University Law School. The workshop was based on a book under contract, Psychology of the Law of Evidence.
Chris Sprigman received a grant from Google to expand his experimental economics research into how legal rules affect motivations to create new scientific and artistic works. Also, along with his co-author Kal Raustiala, he finished a book, The Knockoff Economy: How Imitation Sparks Innovation, which will be published by Oxford University Press in 2012. Finally, Sprigman has joined the Freakonomics blog as a regular contributor.
In December Paul Stephan ’77 will preside over the annual paper conference of the International Law in Domestic Courts Interest Group of the American Society of International Law. The Law School hosted that conference last December; this year it will take place at BYU. Stephan’s term as co-chair of the interest group will end on that occasion.
During the first two weeks of January Stephan will teach a course on international law and the U.S. Supreme Court at the Interdisciplinary Center in Herzliya, Israel.
In October James Stern ’09 spent a month in London as one of the American Inns of Court’s Temple Bar Scholars. The program was started 20 years ago by former Chief Justice Burger.
Rip Verkerke’s Collaborative Teaching Materials for Contracts is forthcoming from CALI this fall/winter. The teaching materials, a work-in-progress, will include all of the elements that make up a conventional casebook. Students will read judicial opinions, statutory provisions, academic essays, and hypotheticals. They will puzzle over common law doctrines and carefully parse statutes. The class will try to develop theories that can predict and justify the patterns of judicial decisions they observe.
Unlike a conventional casebook, Verkerke selects each element of the readings. Students start at the beginning of these materials, read each assignment in order, and finish at the end. All of the reading assignments are also self-contained. For example, when Verkerke assigns a statutory section or a portion of the Restatement, it will appear in the text at the point where the student should read it. Students can cover the entire set of materials without having to spend the semester hauling around hundreds of extra pages that the class will have no time to read or discuss. At the end of each section, students will find discussion questions that track very closely the questions that Verkerke asks during class. Finally, the pages themselves are formatted to make reading easier and to give the student plenty of space to take notes and mark up the text.
In the meantime, Verkerke will continue his work to realize fully his vision of transforming the production and use of law school reading materials.
Ted White’s book, Law in American History, Volume One: From the Colonial Years Through the Civil War will be published in January (Oxford University Press). A law school colloquium, featuring Tomiko Brown-Nagin of the Law School faculty, Alfred S. Konefsky of Buffalo Law School, and John Fabian Witt of Yale Law School, will be held on the book at the law school next February 27. Liz Magill ’95 will moderate the colloquium.
Next March and April, White will be a distinguished visitor in the law department of the University of Auckland, New Zealand. He is scheduled to give a public lecture on the comparative treatment of no-fault insurance for personal injuries in New Zealand and the United States, a faculty seminar on judicial biography, and a presentation to students contrasting unicameral and bicameral legislative bodies in former members of the British Empire.
White’s article, “Determining Notoriously Mistaken Supreme Court Decisions,” will appear in a symposium in the Pepperdine Law Review.
Last year Ethan Yale published “Corporate Distributions Tax Reform: Exploring the Alternatives in the Virginia Tax Review.
In May he published “Defining ‘Partnership’ for Federal Tax Purposes” in Tax Notes, which will be reprinted in PLI Corporate Tax Practice Series.
In June Yale presented “Inflation, The Fisher Effect, and Tax Policy” at the tax workshop at Columbia Law School.
In July George Yin participated in an international symposium on reform of the personal income tax (PIT) system in China. In attendance was a broad cross-section of Chinese tax policymakers and administrators, including representatives of China’s cabinet, Ministry of Finance, state tax administration, National People’s Congress, and local tax officials. As the lone U.S. representative at the symposium, Yin was joined by academics from China and tax experts representing Germany and the United Kingdom.
The Chinese PIT system is about 30 years old and roughly resembles the U.S.’s system at a similar age (prior to World War II). The symposium was held in anticipation of possible changes to the Chinese system as a result of the country’s rapid economic development and growing middle and upper classes. Yin delivered two lectures describing principles and practices that might be useful to enhance compliance and enforcement of China’s PIT.
In October Aspen Publishers published a new casebook on corporate tax authored by Yin and Karen Burke of the University of San Diego School of Law. The volume represents a true “labor of love,” and culminates work first undertaken by Yin shortly after passage of the Tax Reform Act of 1986. The book is a companion to Yin and Burke’s 2009 partnership tax casebook, also published by Aspen.
In December Yin will deliver a talk on the Federal Budget and Fiscal Policy to a tax conference sponsored by the University of Texas School of Law.
Yin’s current scholarship concerns the role of the staff of the Joint Committee on Taxation in the legislative process. Authorized in 1926, the nonpartisan staff analyzes the legal, economic, and budgetary implications of all tax legislation considered by Congress. The staff—which Yin headed during the mid-aughts while on leave from the Law School—has at times played a profound role in helping to shape the nation’s tax laws. Yin hopes that his research will help to explain how the staff gained this influential role, what its impact has been on the development of tax policy and law over the years, and how and why the staff’s role has changed. With bipartisan and bicameral cooperation currently so low within Congress, Yin welcomes the opportunity to examine how Congress at one time was willing to rely so heavily on the judgments of a nonpartisan staff of a Joint Committee.