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 Faculty Briefs

Kenneth S. Abraham was a Visiting Professor at Harvard Law School during the Fall semester, where he taught a first-year course on Torts. While there, Abraham made a presentation to a faculty workshop on “Reading Insurance Policies: A Guided Tour Through Uncharted Terrain.”

On November 21 Abraham made a presentation to a conference of tort law scholars on “The Future of Tort Law,” held at Pace University Law School. The title of his presentation was “Twenty-first Century Insurance and the Collateral Source Rule.”


On September 10, the National Academy of Sciences released the much-awaited report of a study on underage drinking chaired by Richard J. Bonnie '69. Hearings on the report’s proposed strategy for reducing underage drinking were held in the Senate on September 30 at which Bonnie testified.

On November 13, Bonnie presented the Mark Nordenberg Lecture on Law and Psychiatry at the University of Pittsburgh. He spoke on the implications of the Supreme Court’s 2002 decision in Atkins v. Virginia banning execution of defendants with mental retardation. Bonnie’s position papers on implementing Atkins were published by the American Psychiatric Association and the American Bar Association. He also served as a reporter for the Constitution Project’s death penalty initiative on execution of people with mental retardation or severe mental illness, and presented Grand Rounds on this topic for the University of Virginia ’s Department of Psychiatric Medicine on November 11.

While at Pittsburgh on November 13, Bonnie conducted a colloquium on the ethics of alcohol control at the Center for Health Law and Ethics. He also spoke on tobacco policy at the Conference on Tobacco Prevention Research sponsored by Virginia Commonwealth University in Richmond on March 24.

Finally, Bonnie delivered the Keynote Address at the Human Rights Conference held by the Department of Mental Health, Mental Retardation and Substance Abuse Services on March 31 in Charlottesville. Bonnie helped to establish Virginia ’s human rights system and chaired the State Human Rights Committee from 1979–1985.


Risa Goluboff received her Ph.D. in history from Princeton based in part on her dissertation entitled, “The Work of Civil Rights in the 1940s: The Department of Justice, the NAACP, and African-American Agricultural Labor.” Update: Goluboff Won the Law and Society's Dissertation Award.


Deena Hurwitz (right) attended in October the ACLU’s conference on Human Rights at Home: International Law in U.S. Courts in Atlanta. In November, she spoke at the concluding plenary at Northeastern University School of Law’s (Boston) Conference on Rethinking Ideology & Strategy, Progressive Lawyering, Globalization and Markets (“Implications for the Profession and for Progressive Practice”). Hurwitz also attended the AALS Annual Meeting in Atlanta, and was elected chair-elect of the International Human Rights Law Section, to serve as vice chair in 2004 and chair of the Section in 2005. She will be working closely with the program chair to plan the section events for next year’s annual meeting.


In September, Michael Klarman gave a talk to the Law School alumni volunteers on Brown v. Board of Education, presented a paper entitled “Race and Rights” to the annual Constitutional Law Conference at the Law School, and presented the same paper to a joint history/law school workshop at Ohio State. In October, Klarman presented the same paper at faculty workshops at the Vanderbilt School of Law and the Princeton University Politics Department, delivered a lecture at Vanderbilt on Brown, and presented a paper on “Brown in Historical Context” at a conference commemorating the 50th anniversary of the landmark decision at the University of Toledo College of Law. In November, Klarman participated in a debate on affirmative action with Roger Clegg, a contributing editor for The National Review, which was sponsored by the Federalist Society at the William and Mary College of Law. That month Klarman also served as a commentator on a panel commemorating Brown’s anniversary at the annual meeting of the American Society for Legal History.

In February, 2004 Klarman gave a paper entitled “Brown and the Civil Rights Movement” at a conference commemorating Brown’s anniversary that was sponsored by the Virginia Law Review. In March, he presented a paper at a Brown conference being conducted by Fort Hood College in Frederick, Maryland and a paper at a panel on Brown at the annual meeting of the Organization of American Historians in Boston.


Clarisa Long presented in October her paper, “The Functional Structure of Intellectual Property,” at the George Washington University Law School, and in September, gave the Pattee Lecture, “The Patent/Copyright Interface,” at the University of Minnesota School of Law.


Paul Mahoney was appointed in January to a three-year term as Associate Editor of the Journal of Economic Perspectives, published by the American Economics Association. The journal aims to fill the gap between the general interest press and academic journals by synthesizing lessons from economic research, by providing economic analysis of public policy issues, by encouraging cross-fertilization of ideas among different fields, and by offering an accessible source for state-of-the-art economic thinking. “Mahoney’s appointment as editor of this prestigious journal signals the high regard in which his work is held by economists as well as lawyers,” according to Dean John Jeffries.


Anup Malani received his Ph.D. in economics from the University of Chicago in August 2003.Malani has an article entitled “The Political Economy of State Property Exemption Laws,” with Eric Posner and Richard Hynes, forthcoming in the April 2004 issue of the Journal of Law and Economics.


Charles W. McCurdy was awarded the Order of the Coif Triennial Book Award (shared with Edward Purcell for his book on Brandeis) at the AALS meeting in Atlanta on 4 January, for his book The Anti-Rent Era in New York Law and Politics, 1839–1865. McCurdy is a Professor of History and Law.


On Nov. 21 at a luncheon at the Willard Hotel in Washington D.C., Daniel J. Meador was inducted into the Warren E. Burger Society of the National Center for State Courts. The Society is composed of those who have made special contributions over the years to the improvement of courts and in support of the National Center for State Courts.


Carolina Academic Press has published two new books by John Norton Moore. Solving the War Puzzle, written by Moore, is about a new general theory of war and peace which builds on insights of mainstream “idealist” and “realist” traditions in international relations while integrating the latest empirical findings about war (see Spring 2003 issue of UVA Lawyer ). Moore was the editor for Civil Litigation Against Terrorism, the first book to explore the means and the challenges to add more effectively the tool of civil litigation to the United States ’ legal arsenal in the war on terror.


Jeffrey O’Connell was on a program at the Brookings Institution in D.C. in January 2004 on “Public Policy Issues Confronting the Insurance Industry.” In April of 2003, he spoke on Medical Malpractice before the Annual Meeting at the American College of Obstetrics and Gynecology in New Orleans, and also spoke on tort reform at a Symposium at the University of Tennessee Law School.

In September 2003, O’Connell was also on a program on “Tort Reform” at the UVA Law School Business Advisory Council. In October 2003, he testified before the Committee on Ethics of the Utah Bar Association on a proposal he has co-authored on reform of contingent fees in personal injury cases.


Between November and March, Robert O’Neil spoke at the annual meetings of the National Association of State Universities and Land- Grant Colleges (New Orleans), the American Council on Education (Miami) and the Association of American Colleges & Universities (Washington). He was on a panel on Commercial Speech at the AALS meeting in Atlanta, the subject of an article he completed for a symposium in the Case-Western Reserve University Law Review. O’Neill has written for Currents (the magazine of CASE), Trusteeship (Association of Governing Boards), and The Chronicle of Higher Education. He recently spoke at Rutgers, the University of Cincinnati, and Auburn (all in connection with the report of the AAUP Committee he chaired, on Academic Freedom and National Security in Time of Crisis). In February, O’Neil presented a paper at a conference on Academic Freedom at Loyola-Marymount University (Los Angeles) and in March he spoke at Cal Poly/San Luis Obispo on student speech issues.


Paul Stephan presented a paper, co-authored with Robert Scott, entitled “Self-Enforcing International Agreements and the Limits of Coercion” at a Virginia Legal Theory workshop on January 23 and at a conference at Wisconsin Law School on “Freedom from Contract” on February 8. Stephan also submitted a brief amicus curiae on behalf of professors of international law and foreign relations law to the Supreme Court in the case of Sosa v. Alvarez-Machain. Finally, the third edition of his casebook, International Business and Economics — Law and Policy, coauthored with Julie A. Roin and Don Wallace, Jr., will be published this spring. In the last issue of the Virginia Journal of International Law, which published papers from the NYU-UVA Conference on Exploring the Limits of International Law, Stephan coauthored the foreword with Sam Estreicher and authored a paper, “The Intellectual Origins of the Restatement (Third) of the Foreign Relations Law of the United States.”

Professor Tim Wu with fellow participants of a United Nations Development Program Project in Nepal.
Professor Tim Wu with fellow participants of a United Nations Development Program Project in Nepal.

Tim Wu gave workshops at the University of Michigan Law School (September) and the Telecommunications Policy Research Conference (October) on “Copyright’s Communications Policy.” He presented a summary of his upcoming book written with Jack Goldsmith, entitled “The Leviathan & the Internet” at Harvard Law School’s Cyberlaw Summer Retreat (August), and spoke on “How States Have Responded to the Internet Challenge” at the Cato Institute (October). Wu and Rosa Brooks also ran a conference restricted to pre-tenure international law faculty called “Young International Law Scholars Roundtable.”

Wu worked on a United Nations Development Program Project in Nepal both training and speaking with lawmakers and members of the judiciary on the requirements of the World Trade Organization’s international intellectual property regime and relevant American experience in the area of intellectual property. He also devoted time to the question of cyberlaw, particularly jurisdictional problems that Nepal is coping with from cross-border cyber-crime.

In addition Wu published two papers: “When Code Isn’t Law,” and “Network Neutrality, Broadband Discrimination,” and with Larry Lessig filed an ex parte letter at the Federal Communications Commission on the subject of Network Neutrality and Cable Broadband. Finally, Wu wrote a short piece for Slate Magazine, June 27, 2003, entitled “Harry Potter and the International Order of Copyright” where he argued that international take-offs of Potter were likely a good thing.

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