My Profile Search Directory Submit News Contact Us Logout Alumni Home
Summer 2003UVA Lawyer - Home
Dean's MessageOpinionClass NotesIn MemoriamIn PrintFaculty Briefs Home

 Faculty Briefs



Richard Bonnie ’69 made a presentation on the need for reforming Texas’s insanity defense in the wake of the Andrea Yates case. The conference, held in Austin in February, was sponsored by the Texas Psychiatric Society and various components of the Texas Bar.

Bonnie continues to work with colleagues in the Medical School, including Dean Arthur T. Garson, and members of the Institute for Practical Ethics (James Childress and Ruth Gaare Bernheim) to establish a new program in Public Health at UVA. The program will include opportunities for law students to earn joint master’s in public health and law degrees. The intent is for the program to feature collaboration with the Centers for Disease Control and Prevention (CDC). This spring, the group hosted a conference on bioterrorism with CDC and the Virginia Department of Health.

On March 31, Bonnie gave a presentation on the rebalancing of homeland security and civil liberties in the wake of September 11 at a conference on Communicating in Crises sponsored by the Critical Incident Analysis Group at UVA. In mid-April he participated in a conference on improving public health literacy in legal education held in Boston at Northeastern Law School, sponsored in part by CDC.

Bonnie’s work during this period for the National Academy of Sciences included his being appointed to the National Research Council Board that oversees the Division of Behavioral and Social Sciences and Education, as well as serving on the NRC’s Committee on Law and Justice. In May, Bonnie participated in a forum on screening for terrorists sponsored by the Committee on Law and Justice. Bonnie is also chairing a committee for the Institute of Medicine (an arm of the National Academies) on medico-legal death investigation, which met in late-March. The committee is assessing the need for a larger study of the adequacy of death investigations conducted by medical examiners and coroners. Bonnie’s major assignment for the National Academies during this period was to lead a study on underage drinking requested by Congress. The committee was tasked with developing a cost-effective strategy to prevent and reduce underage drinking. The committee’s report, Reducing Underage Drinking: A Collective Responsibility, will be released in September.

At the Annual Meeting of the American Psychiatric Association in San Francisco in May, Bonnie received a Special Presidential Commendation for his contributions to American Psychiatry over the past two decades. (See related story.)

At the meeting he made a presentation on international developments in mental health law and ethics, including the Declaration of Madrid adopted by the World Psychiatric Association, and a manual on mental health legislation being developed by the World Health Organization.

And finally, working with the Virginia State Crime Commission and the Governor’s office, Bonnie played a key role in drafting and securing passage of legislation on mentally retarded offenders and the death penalty to respond to the U.S. Supreme Court’s 2002 decision in Atkins v. Virginia.


In April, Anne Coughlin traveled to Baton Rouge to give the Edward Douglass White Lecture on Citizenship, an endowed lecture sponsored by The Louisiana State University Paul M. Hebert Law Center and The LSU Department of Political Science. The title of her lecture was “Sex and Guilt.” Over the course of the two-day program, Coughlin described and expanded upon the themes and claims made in her article (“Sex and Guilt”) published in the Virginia Law Review, and described her work-in-progress on sex and intoxication.

On May 14, Coughlin gave a lecture entitled “Sex Under the Influence” at the Judicial Conference at the Court of Appeals for the Armed Forces, held at Catholic University in Washington, D.C. “In this lecture, I focused on some of the allegations emerging from the most recent sex scandal in the armed forces at the U.S. Air Force Academy, and offered potential solutions for resolving the most difficult rape cases confronting military and civilian prosecutors, namely, date rape cases in which one or more of the participants was intoxicated.”


During the first half of 2003, A. E. Dick Howard ’61 has been focusing on the international traffic in constitutional ideas. In January he lectured at French universities in Paris and Lyons. Under the auspices of the Sorbonne (University of Paris I) and the Centre Americain de Sciences Po, Howard lectured on “A Stroll with Mr. Jefferson: How American Constitutional Ideas Travel,” paying particular attention to the contributions of the French to American ideas during the Revolutionary Era, including the American state constitutions. At the University of Lyons colloquium, “The First Amendment to the American Constitution: An American Model of Liberties?,” Howard presented a paper on “American Constitutionalism: How Constitutional Ideas Travel.”

Howard has recently written a paper analyzing how Virginia accomplished a successful revision of its constitution in comparison to other states (especially those which failed), and explored whether Virginia could do in 2003 what was done in the 1970s. The paper is for Rutgers University’s Center for the Study of State Constitutions.

Last fall the European Union organized a convention in Brussels to draft a constitution for Europe. Howard took a special interest in this process because of the comparisons which can be made between what the Europeans are doing in Brussels and what Americans did in Philadelphia in 1787. The European Studies Centre at Oxford University organized a conference in April, “Whose Europe? National Models and the Constitution of the European Union,” where Howard contributed a lecture on “Europe’s Constitution: An American Perspective.”

In June, the Council on Foreign Relations, of which Howard is a member, held its national conference in New York on “Ten Years after the Cold War: Does the United States Know What It’s Doing and Where It’s Going?” In a session on “U.S. Foreign Policy after the War in Iraq,” Howard made remarks on “The Drafting of a Constitution for Europe.”

The design of a constitutional government for Iraq is a subject of great interest to Howard, and in June he was one of the speakers at a program, “Constitution Building in Iraq,” organized in Washington by the Federalist Society. Howard is also set to testify at a Senate hearing on “Constitutionalism, Human Rights, and the Rule of Law in Iraq.” The hearing is being organized jointly by the Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Property Rights, and the Foreign Relations Committee’s Subcommittee on Near Eastern and South Asian Affairs.


Michael Klarman took part in a constitutional theory colloquium in April at Georgetown Law School, on the conclusion to his forthcoming book, From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality.

Paul Mahoney gave the John Raben Memorial Lecture at Yale Law School on May 7. Entitled, “Searching for Market Manipulation in the Pre-SEC Era,” the lecture analyzed certain investment practices in the 1930s that were the impetus for much of the current regime of securities regulations. Though Mahoney’s talk looked back in time, he argues that it has relevance to the present era. Many of the securities laws enacted in the 1930s are still in effect. If the premise for those laws turns out to be false,Mahoney argues that we should reconsider some regulations, such as the restrictions on investment banks trading in securities they are underwriting. In addition, the story of whether investors were fooled, and whether the stock pools could manipulate stock prices is “relevant to our current understanding of how investors behave,” he says.


Mahoney also participated in a roundtable discussion of stock exchange self-regulation at the Fordham Center for Corporate, Securities and Financial Law on April 29. He presented “Market Efficiency and Market Microstructure” at a symposium entitled “Revisiting the Mechanisms of Market Efficiency” at the University of Iowa College of Law on April 4, and then presented “Market Manipulation and the Volume-Return Relationship” (co-authored with Jianping Mei of the Stern School of Business at New York University) at a workshop at Vanderbilt Law School on March 21. Mahoney also presented a paper, “The Value of Judicial Independence” (co-authored with Dan Klerman of the University of Southern California Law School) at a Law School summer workshop.


John Monahan was an expert witness in a civil suit that recently won the National Law Journal’s 2002 Top Defense Verdict Award. The suit was Chang v. Cleveland Clinic Foundation, Raina Krell, M.S. and Scott Strothers. Incidentally, the two key lawyers for the defense were both Law School alumni (see Class Notes for Joseph W. Ryan, Jr.’78, and Patricia A. Screen ’85). Each year, the NLJ compiles a list of the most significant courtroom victories. The NLJ states “the trial’s most compelling defense witness was John Monahan, a psychologist who teaches at the University of Virginia School of Law. He testified about the impossibility of predicting long-range violent behavior.” The victory tops the 13th annual list of the year’s most impressive defense verdicts in civil litigation.


Caleb Nelson presented a paper about originalism and founding-era interpretive conventions at a Constitutional Law Workshop at the University of Chicago in January. In March, he spoke about federal preemption of state law as part of a panel at the spring meeting of the National Association of Attorneys General in Washington, D.C. In June, Nelson appeared on another panel about preemption at the midyear meeting of the Association of American Law Schools in New York City.

Jeffrey O’Connell was a speaker at a symposium at the University of Tennessee Law School in April on personal injury damages—the symposium will comprise a forthcoming issue of the University of Tennessee Law Review.


O’Connell spoke in Washington, D.C., at a forum sponsored by the Committee for Economic Development and the Hudson Institute on May 6, on a proposal he has coauthored to reform the manner in which contingent fees in personal injury cases are to be paid. This proposal was the subject of a front page story in the New York Times on May 25, 2003. O’Connell spoke twice in April at the annual meeting of the American College of Obstetrics and Gynecology in New Orleans on medical malpractice law. He also took part in the local PBS program “For the Record,” which featured an interview on tort reform and no-fault insurance by Charles Sydnor.


Robert O’Neil defended academic freedom on Fox News’ The O’Reilly Factor on March 31, and discussed the Thomas Jefferson Center for the Protection of Free Expression’s “Jefferson Muzzles” on NPR’s Morning Edition on April 18. The media has given extensive coverage of the Muzzles. The center’s website ( explains the Muzzles: “Since 1992, the Thomas Jefferson Center for the Protection of Free Expression has celebrated the birth and ideals of its namesake by calling attention to those who in the past year forgot or disregarded Mr. Jefferson’s admonition that freedom of speech ‘cannot be limited without being lost.’” O’Neil recently spoke at the University of Vermont, and to the Ohio and Connecticut American Association of University Professors Chapters on the topic of academic freedom—part of the work of the Special Committee on Academic Freedom and National Security in Time of Crisis, which he chairs. O’Neil also serves (for the second time) on the search committee for the AAUP’s General Secretary. The work of the National Academy of Sciences Committee on Privacy in the Information Age, on which O’Neil chairs the Law Subcommittee, is proceeding apace, he reports. O’Neil, on behalf of the Thomas Jefferson Center, filed amicus curiae briefs this term in three Supreme Court cases—Black (cross burning), Kasky (commercial vs. corporate speech) and Hicks (Richmond Public Housing trespass).

 E. Scott

In October, Elizabeth Scott presented a paper, “Blaming Youth” on the culpability of adolescent offenders at a conference at the University of Arizona Law School. Also in October she presented “Adolescence in American Law” at a conference entitled “A Century of Juvenile Justice” at Northwestern University Law School.

Scott participated in a major study conducted in February by the Research Network on Adolescent Development and Juvenile Justice, of which Scott is a member, sponsored by the MacArthur Foundation. The study compared the competence to participate in criminal proceedings of juveniles and adults and found that approximately one-third of 11- to 13-year olds performed as poorly as adults who are found incompetent to stand trial. “These findings have important implications, given the trend toward trying juveniles in adult criminal court,” said Scott. The study will be published this fall in Law & Human Behavior.

In March, Scott presented a paper on “Marriage, Cohabitation and Collective Responsibility for Dependency” at a Conference on Marriage, Democracy, and Institutions at Hofstra University Law School. Scott presented a paper in July at the European Law-Psychology Society Conference in Edinburgh, reporting on a study conducted with N. D. Reppucci of UVA’s Psychology Department. This study, also funded by the MacArthur Research Network, examines public attitudes toward the culpability of young offenders.


Richard Schragger organized the “May Gathering of Junior Faculty” on May 18–19, a conference that attracted almost 40 junior faculty from around the country. The conference, held this year at the Georgetown University Law Center, is in its second year, and provides a forum for a new generation of law teachers to discuss the nature and future of legal scholarship. Faculty from many schools attended, including Yale, Columbia, Cornell,Washington University in St. Louis, George Mason, Tulane, Cardozo, Georgetown, Texas, University of Connecticut, and George Washington University. Virginia Law Professors Risa Goluboff, Jennifer Mnookin, Rosa Brooks, and Tim Wu also attended.


Barbie Selby, Documents Librarian, has been appointed to the Government Printing Office Depository Library Council for a term of three years. The Council comprises 15 people from the library and government information communities who advise the Public Printer on the operation of the federal Depository Library Program.


Stephen F. Smith was named to the Executive Committee of the Board of Directors of the United Way of the Thomas Jefferson Area. He was also named to the Academic Advisory Panel for an IMAX film, We the People, concerning the origins and history of the U.S. Constitution. The movie will run in the Smithsonian Museum of American History beginning in 2004 and be developed into companion educational materials for use in elementary school classrooms nationwide. Smith was also accepted as a member of the Edward Coke Appellate Inn of Court.


In April, Paul Stephan presented a paper on the subject of “The New Antitrust Paradox: Policy Proliferation in the Global Economy” at a conference organized by the American Law Institute in Washington, D.C. The title of the paper was “Competitive Competition Law? An Essay Against International Cooperation.” Stephan was also a speaker at a conference on international antitrust at the Boalt Law School, University of California at Berkeley.


Tim Wu published two articles during spring and summer, “When Code Isn’t Law,” in the Virginia Law Review, and “Broadband Discrimination, Network Neutrality,” in the Journal of Telecommunications & High Technology. Wu also conducted workshops at Stanford Law School, University of Ottawa, and Kyushu University, Japan, and spoke at a symposium at the University of Colorado.



Return to Top

UVA Lawyer Home