2023 LAW FACULTY SCHOLARSHIP REPORT
ALABAMA LAW A New Era of Leadership
O
ver the summer, I took the helm as the new dean of Alabama Law. Even though I have a new position, I’m not a newcomer to our Law School – this Fall semester marked the beginning of my thirty-first year as a member of our faculty.
One of the things I’ve loved most about being a part of our Law School over the past three decades has been participating in institutional transformation that has been nothing short of remarkable. Alabama Law has blossomed into a nationally recognized research institution that attracts talented students and faculty from across the nation and around the world. Part of our success stems from our ability to offer a world-class legal education while enabling our students to graduate with one of the lowest average student debt-loads (#8) in the nation. We also recruit great students who leave our Law School with a bright future ahead of them: Last year’s 1L class had the highest median undergraduate GPA of any incoming class in the country, and we most recently had the seventh-highest percentage of federal judicial clerkship placements among U.S. Law Schools. While our ultimate goal is to provide the best possible experience for our students, our faculty are, in a real sense, the lifeblood of our institution. They create the classroom experience that enables our students to succeed, they lead, mentor, and train our students, and they help shape the future of the law and the legal profession. I invite you to take a few minutes to learn about their work. As excited as I am about our faculty’s achievements, we can and will do even better as we move forward. Particularly, our junior colleagues are as productive and passionate about their work as any group I’ve seen. I have invited them to bring big ideas to the table and challenge me to find additional ways to support their work. And we’re actively searching for great scholars to add to our number in a wide variety of fields. I’m proud of our past and our present; at the same time, I’m confident that what lies ahead will be even better.
All my best,
William S. Brewbaker III Dean & Professor of Law The University of Alabama School of Law
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MONOGRAPHS, EDITED VOLUMES & CASEBOOKS Members of the faculty of the University of Alabama School of Law recently have written monographs and casebooks, and have put together a variety of edited volumes on a wide range of subjects such as first amendment rights, workplace discrimination, suicide prevention, international nuclear control, and federal practice and procedure.
MONOGRAPHS & EDITED VOLUMES
CASEBOOKS
Alan Durham Patent Law Essentials: A Concise Guide (Praeger, 5th ed. 2018).
William S. Brewbaker III Christian Legal Thought: Materials and Cases (Foundation Press 2017) (with Patrick M. Brennan).
Heather Elliott Alabama Water Law & Policy: A Comparative Treatise (University of Alabama Press 2024).
Bryan Fair Constitutional Law: Cases, Materials, and Problems (Wolters Kluwer, 4th ed. 2018) (with Russell L. Weaver, Steven I. Freidland, Catherine Hancock, John C. Knechtle & Richard A. Rosen).
Kara Deal Gamble Age Discrimination in Employment Law (ABA/ Bloomberg BNA 2019) (associate editor). Russell M. Gold The Oxford Handbook of Prosecutors and Prosecution (Oxford University Press 2021) (with Ronald F. Wright & Kay L. Levine). Daniel H. Joyner The Treaty on the Prohibition of Nuclear Weapons in its Context Within International Nuclear Arms Control (Oxford University Press forthcoming 2023). Iran’s Nuclear Program and International Law: From Confrontation to Accord (Oxford University Press 2016). Ronald J. Krotoszynski, Jr. Free Speech as Civic Structure: A Comparative Analysis of how Courts and Culture – Not Constitutional Text – Shape the Freedom of Speech (Oxford University Press, forthcoming 2024). Disinformation, Misinformation, and Democracy: Defining the Problem, Identifying Potentially Effective Solutions, and the Merits of Using a Comparative Legal Approach (Cambridge University Press, forthcoming 2024) (with András Koltay & Charlotte Garden) (editor & contributor). The Disappearing First Amendment (Cambridge University Press 2019). Privacy Revisited: A Global Perspective on the Right to Be Left Alone (Oxford University Press 2018, 2016). Clare Ryan A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights (Oxford University Press 2018) (with Alec Stone Sweet). Fredrick Vars Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights (Harvard University Press 2020) (with Ian Ayres).
Susan Pace Hamill Understanding Business Organizations: A Primer for Students (Cognella, forthcoming 2025). Ronald J. Krotoszynski, Jr. First Amendment: Cases and Theory (Aspen Publishers, 4th ed. 2022) (with Lyrissa Lidsky, Caroline Mala Corbin & Timothy Zick). Administrative Law (Aspen/Wolters Kluwer, 5th ed. 2021) (with John M. Rogers, Michael Healy & Kent Barnett). Administrative Law (Wolters Kluwer, 4th ed. 2017) (with John M. Rogers & Michael Healy). First Amendment: Cases and Theory (Wolters Kluwer, 3rd ed. 2017) (with Caroline Mala Corbin, Lyrissa Barnett Lidsky & Christina E. Wells). Anil Mujumdar Alabama Criminal Procedure & Law With Forms (LexisNexis 2023). LexisNexis Practice Guide: Alabama Civil Procedure (2022 ed., LexisNexis 2021) (with Othni J. Lathram). Adam N. Steinman Civil Procedure: Cases and Materials (West, 13th ed. 2022) (with Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff & Troy A. McKenzie). Civil Procedure in a Nutshell (West, 9th ed. 2022) (with Mary Kay Kane & Arthur R. Miller). Civil Procedure (West, 6th ed. 2021) (with Jack H. Friedenthal, Mary Kay Kane & Arthur R. Miller). Federal Practice and Procedure, Vols. 4, 4A, & 4B (West, 4th ed. & supplements, 2017-2022) (with Charles Alan Wright & Arthur R. Miller). Federal Courts: Cases, Comments, and Questions (West, 9th ed. 2021) (with Martin H. Redish, Suzanna Sherry, James E. Pfander & Steven S. Gensler).
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FACULTY SCHOLARSHIP Selected Honors Scholar Member, Center for Progressive Reform (2023). Member, Commission on Environmental Law, International Union for the Conservation of Nature (2023).
WILLIAM ANDREEN
Research Professor of Law Emeritus Consultant, UA-ANU Exchange Program Administrative Law Climate Change Law Environmental Federalism U.S. & International Environmental Law Water, Water Management, and Water Pollution Law Selected Book Chapters Water Pollution Law in the USA: The Clean Water Act, in Water Policy and Governance (Edward Elgar Publishing, forthcoming) (with Oliver Fritsch & David Benson). Alabama Water Law, in 4 Waters and Water Rights AL-1 – AL-52 (Amy Kelley ed., LexisNexis/Matthew Bender 2023, 2022). Selected Publications The Continiuing Saga of WOTUS, The Wave 15-17 (2022). Mississippi v. Tennessee: The Final Analysis, The Wave 17-19 (2022). Mississippi v. Tennessee: Whither Equitable Apportionment for Interstate Ground Water, 43 The Wave 17-19 (2022). Selected Essays The Clean Water Act’s 50th Anniversary: Top Nine Reforms for Clean Water Today, CWA 50th Anniversary (2022). Selected Presentations Implications of NFID v. OSHA and Biden v. Missouri for Federal Rulemaking, Administrative Law Section, Alabama State Bar Annual Meeting (2022). Introduction to the Clean Water Act: Structure, History, Successes, and Remaining Challenges, Rally for Water, Alabama River Alliance (2022). Selected Media Appearances Key to Clean Water in Alabama? Involve the Public. Here is How You Can Make a Difference, Bham Now (2022).
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Final Peer Review Board, Land Use and Envtl. L. Rev. (2020-2023). Referee, Rev. of Const. Stud. (20222023).
Panelist, Future of Disinformation, Harvard Law School (2023). Truth Bounties: A Market Solution to Fake News, Law & Economics Seminar, Harvard Law School (2023). On the Sccales of Private Law: Nano Contracts, Association of American Law Schools Annual Meeting (2023). A Status Theory of Defamation Law, Freedom of Expression Scholars Conference, Yale Law School (2022). Panelist, Markets and Market Failures, Law & Society Annual Meeting (2022). The Credibility Effect of Defamation Law, Canadian Law & Economics Association Annual Meeting (2022).
YONATHAN A. ARBEL
Associate Professor of Law Commercial Law Contracts Law and Economics Torts
Selected Publications Generative Interpretation, N.Y.U. L. Rev. (forthcoming 2024) (with David Hoffman). On the Scales of Private Law: Nano Contracts, Harv. J.L. and Tech. (forthcoming 2023). A Status Theory of Defamation Law, U.C. Irvine L. Rev. (forthcoming 2023).
Status Theory of Defamation Law, Faculty Workshop, Boston University School of Law (2022). The Credibility Effect of Defamation Law, Law & Economics Workshop, University of Virginial School of Law (2022). Selected Media Appearances Fox on Trial as $1.6bn Dominion Defamation Case Set to Begin, Financial Times (2023). Selected Honors Google Research Innovator (2023). Member, AALS Defamation Law and Privacy Section (2023). Member, AALS Law and Economics Section (2023).
Truth Bounties: A Market Solution to Fake News, N.C. L. Rev. (forthcoming 2023) (with Mike Gilbert). The Credibility Effect, J. Legal Stud. (forthcoming 2023). Defamation Law & Bayesian Audiences, J. Legal Stud. (forthcoming 2023) (with Murat Mungan). Selected Presentations The Readability of Contracts: Big Data Analysis, Penn-NYU Empirical Contracts Workshop (2023). The Readability of Contracts: Big Data Analysis, Conference on Data Science & Law, Fordham University School of Law (2023). The Readability of Contracts: Big Data Analysis, American Law & Economics Association Annual Conference, Boston University School of Law (2023).
STACEY BERGSTROM
Assistant Professor of Legal Writing Criminal Law Criminal Procedure Legal Writing Trial Advocacy White Collar Crime
Books Christian Legal Thought: Materials & Cases (Foundation Press 2017) (with Patrick M. Brennan).
KIMBERLY K. BOONE
Professor of Legal Writing Director, Legal Writing Director, Moot Court Programs
2L Moot Court Faculty Coach, Civil Rights & Liberties Moot Court Team Faculty Coach, NYC Bar Association National Moot Court Team Legal Writing Moot Court Board Advisor
Selected Book Chapters Can Laws & Rights Teach? John Witte and the Uses of the Law, in Faith in Law, Law in Faith (Rafael Domingo, Gary S. Hauk & Timothy P. Jackson eds., Brill Publishers 2023).
JENNY CARROLL
Wiggins, Childs, Quinn & Pantazis Professor of Law
Selected Presentations What is Christian Jurisprudence?, Trinity Law School (2022).
Counter Terrorism Criminal Law & Procedure Evidence Juvenile Justice Selected Book Chapters Adolescent Brain Development & Mens Rea, in Neuroscience & Youth Justice (Routledge 2023).
Selected Honors Commencement Hooding Team (2022).
Selected Publications Policing Protest: Speech, Space, Crime, and the Jury, 133 Yale L.J. (2023).
MONTRÉ D. CARODINE
Professor of Law
The Ever-Shifting Ground of Bail Reform, Ann. Rev. of Law and Soc. Sci. (2023).
Critical Race Feminism Critical Race Theory International Litigation Law & Popular Culture Race & the Law
MARK E. BRANDON
Thomas E. McMillan Professor of Law Constitutional Law Constitutional Theory & History Law & Politics Philosophy of Law Books States of Union: Family and Change in the American Constitutional Order (University Press of Kansas 2013). Selected Honors Life Fellow, American Bar Foundation. Life Fellow, Alabama Bar Foundation. Member, American Law Institute.
Selected Book Chapters Trial by Fire: Teaching Race & Evidence in a Hostile Environment, in Integrating Doctrine & Diversity in the Law School Classroom: Beyond the First Year (Carolina University Press 2023).
Selected Presentations The Value of a Diverse Jury, Visualizing Law (2023).
Selected Presentations Panelist, Integrating Doctrine & Diversity Series, Roger Williams University School of Law (2022).
Selected Media Appearances Who Keeps Painting ‘Be Someone’ on a Prominent Houston Bridge?, The Wall Street Journal (2023).
Teaching Race in a Hostile Environment, Integrating Doctrine & Diversity Series, Roger Williams University School of Law (2022).
Overcrowded Prisons Versus Harsh Fentanyl Punishment: Debate to Stir in Montgomery Over Mandatory Minimum Bill, AL.com (2023).
Critical Evidence Reform: How Do We Change Prior Conviction Impeachment in the U.S.?, Association of American Law Schools Annual Meeting (2022).
Alabama’s New Death Row Execution Policy Under Scrutiny, WVUA (2023).
Selected Media Appearances Women Breaking Barriers, WVTM 13 Birmingham (2022).
WILLIAM S. BREWBAKER III
Dean Professor of Law
Law Review & Finding a Place in the Academy, Tex. L. Rev. Online 60-67 (2022).
Policing Protest, Faculty Workshop (2023).
Former University of Alabama Basketball Player to Have Preliminary Hearing, ABC 33/40 Birmingham (2023). Congressional Map Moves On, WVUA (2023). Selected Honors Board of Advisors, Election Assistance Committee (2021-2023). Visiting Professor of Law, Yale Law School (2021-2022).
Christian Legal Thought Jurisprudence Property
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Selected Publications Original Discrimination: How the Supreme Court’s Original Jurisdiction Doctrine Discriminates Against State Plaintiffs, 108 Iowa L. Rev. 175 (2022).
CASEY DUNCAN
Associate Dean for Legal Information Assistant Professor of Law in Residence Information Privacy Law Legal Informatics Legal Research Selected Presentations Creating the Right Staffing Structure, SALLD New Director’s Workshop, AALL Annual Meeting (2023).
A Biden Executive Branch and Its Supporters Will Find the United States Supreme Court an Obstacle, 16 Harv. L. & Pol’y Rev. 2 (2022). Selected Presentations Katherine Mims Crocker: A Prophylactic Approach to Compact Constitutionality, Faculty Colloquium, University of Alabama School of Law (2022). Selected Honors Member, Faculty Senate, University of Alabama (2023). Outstanding Faculty Member, Alabama Law Student Bar Association (2022).
Selected Publications The Tax Entrepreneur, 82 Law & Contemp. Probs. (forthcoming 2023). Promoting Vaccine Innovation, 82 Ohio St. L.J. (2022) (with Ana SantosRutschman). Selected Presentations Current Issues with R&D Incentives, University of San Diego (2023). The Hidden Partner, Law & Society Association Annual Conference (2023). Current Issues with R&D Incentives, Southeastern Tax Conference, Georgia State University (2023). The Tax Policy Entrepreneur, National Tax Association Annual Conference (2022). Artificial Inventiveness, University of Pennsylvania Law School (2022). Artificial Inventiveness, Law & Society Association Annual Conference (2022). Selected Honors Member, University of Alabama School of Law Academic Program Review Committee (2022).
ALAN DURHAM
Judge Robert S. Vance Professor of Law Copyright Law Patent Law Trademarks & Unfair Competition Books Patent Law Essentials: A Concise Guide (Praeger, 5th ed. 2018).
STEVE EMENS
Professor of Clinical Legal Instruction Evidence Jury Selection Jury Voir Dire Trial Advocacy Selected Presentations Evidence and Trials: How to Make & Respond to Objections, Alabama Defense Lawyers Association Annual Trial Academy (2022). Selected Honors Member, Alabama Pattern Jury Instructions Committee (2023).
HEATHER ELLIOTT
Alumni, Class of ‘36 Professor of Law
Member, Alabama Evidence Rules Committee (2023).
Administrative Law Civil Procedure Environmental Law Land Use Law Water Law Books Alabama Water Law & Policy: A Comparative Treatise (University of Alabama Press, forthcoming 2024). Selected Book Chapters The Institutional Pragmatist, in The Jurispurdential legacy of Ruth Bader Ginsburg (NYU Press 2022) (with Elizabeth G. Porter).
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MIRIT EYAL-COHEN
Professor of Law
Artificial Intelligence Corporate Tax Entrepreneurship Innovation Personal Income Tax U.S. Tax Policy
BRYAN FAIR
Thomas E. Skinner Professor of Law Advanced Due Process Advanced Equal Protection Constitutional Law First Amendment Law Books Constitutional Law: Cases, Materials, and Problems (4th ed., Woltlers Kluwer 2018) (with Russell L. Weaver, Steven I. Freidland, Catherine Hancock, John C. Knechtle & Richard A. Rosen). Selected Publications Crying Wolf: Neo-Patriots, Critical Race Theory, and Constitutional Protection for “Dangerous” Ideas, 27 U.C. Davis Social Justice L. Rev. 1 (2023). Federalism by Deception, 62 Santa Clara L. Rev. (2022). Selected Presentations An Introduction to Critical Race Theory, A Diversity Conversation on Critical Race Theory (2022).
YONATHAN A. ARBEL Generative Interpretation
N.Y.U. Law Review (forthcoming 2024) (with David A. Hoffman).
A
rtificial intelligence (AI) has shown great promise in a variety of applications. But does AI have anything to add to the judicial craft? In his recent work, co-authored with Professor Dave Hoffman (University of Pennsylvania, Carey School of Law), Arbel explores this question.
They introduce generative interpretation, a new approach to estimating contractual meaning using AI large language models. By taking wellknown contracts opinions, and after sourcing the actual agreements that they adjudicated, they show that AI models can help factfinders ascertain ordinary meaning in context, quantify ambiguity, and fill gaps in parties’ agreements. They also illustrate how models can calculate the probative value of individual pieces of extrinsic evidence. After offering best practices for the use of these models given their limitations, they consider the implications of using AI models for judicial practice and contract theory. The use of these models allows courts to estimate what the parties intended cheaply and accurately; as such, generative interpretation unsettles the current interpretative stalemate. Their use responds to both efficiency-minded textualists and justice-oriented contextualists, who argue about whether parties will prefer cost and certainty or accuracy and fairness. Parties—and courts—would prefer a middle path, in which adjudicators strive to predict what the contract really meant, admitting just enough context to approximate reality while avoiding unguided and biased assimilation of evidence. As generative interpretation offers this possibility, the authors argue that it can become the new workhorse of contractual interpretation. Free Speech on Campus, Faculty Colloquium, University of Alabama School of Law (2022). Selected Media Appearances Alabama Higher Education Official Says Scotus Ruling on Affirmative Action Could Have Unexpected Impacts, CBS 42 (2023).
Books Age Discrimination in Employment Law (ABA/Bloomberg BNA 2019) (associate editor).
Volunteer Prosecutors, 59 Am. Crim. L. Rev. 1483 (2022). Selected Presentations Becoming a Productive and Fulfilled Scholar, Southeastern Association of Law Schools Annual Meeting (2023). Starving the Prosecutorial Beast, CrimFest, Brooklyn Law School (2023).
Rearview Look at Affirmative Action and Black College Enrollment, The Joplin Globe (2023). Selected Honors Board of Directors, Southern Poverty Law Center (2013-2023). Honorary Order of the Samaritan Award, University of Alabama School of Law Public Interest Institute (2022).
Prosecutor Scarcity and Experience, Criminal Justice Ethics Schmooze (2023).
RUSSELL M. GOLD
Associate Professor of Law
Civil Procedure Criminal Law & Procedure Books The Oxford Handbook of Prosecutors & Prosecution (Oxford University Press 2021) (with Ronald F. Wright & Kay L. Levine) (edited volume). Selected Publications Paying for Prosecution, 56 Ariz. St. L.J. (forthcoming 2024).
KARA DEAL GAMBLE
Assistant Professor of Legal Writing Legal Writing Litgation Drafting
The Public Voice of the Defender, 75 Ala. L. Rev. (2023) (with Kay L. Levine).
The Public Voice of the Defender, Law & Society Association Annual Meeting (2023). The Public Voice of the Defender, ABA/ AALS/Academy for Justice Workshop (2022). Scarcity and Prosecutor Accountability, CrimFest, Yeshiva University Cordozo School of Law (2022). Selected Media Appearances Trump’s Special Treatment in the Courts Highlights Failings in Our Legal System, The Hill (2023) (with Christopher Robertson).
Power Over Procedure, 57 Wake Forest L. Rev. 51 (2022).
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Russell Gold cont'd. Donald Trump’s Right − He is Getting Special Treatment, Far Better than Most Other Criminal Defendants, The Conversation (2023) (with Christopher Robertson). How Public Defenders Can Use Social Media to Drive Change, Law360 (2023) (with Kay L. Levine).
Selected Presentations Judeo-Christian Inspired Tax Policy: A Struggling Distributive Justice Principle, University of Virginia School of Law (2022).
Selected Book Chapters Competition Law as Collective Bargaining Law, in The Cambridge Handbook of Labor in Competition Law (2022) (with Nathan Tankus).
Selected Media Appearances When Law Schools Snub the Rankings, The New York Times (2022).
Selected Publications At the Nexus of Antitrust & Consumer Protection, 2023 Utah L. Rev. 240 (2023).
Homes in the Shadows: Out-Of-State LLCs Often Conceal Ownership of Allegheny County’s Dangerous and Decaying Homes, Pittsburgh-Post Gazette (2023). Inside the Birmingham Kickback Scheme that Took Down a Legislator, AL.com (2023).
SUSAN PACE HAMILL
Tax Burden by State, WalletHub (2022).
Professor of Law Honors Professor
Alabama’s 1901 Constitution Alabama’s History & Culture Alabama’s State & Local Tax Structure Business Organizations & Taxation Ethics Federal Income Tax Law & Policy Limited Liability Companies State and Local Tax Law & Policy Books Understanding Business Organizations: A Primer for Students (Cognella, forthcoming 2025). Selected Book Chapters Achieving Real Tax Reform is Insurmountable Without Also Reforming the 1901 Constitution, in Never Gonna Change? An Examination of the 1901 Constitution (North Alabama Digital Press, forthcoming 2024). The Political Elusiveness of JudeoChristian Tax Policy, in Render Unto Caesar: Christian Theological Perspectives on Tax Law (McDonald Agape Foundation, forthcoming 2024).
Selected Essays Tax Policy: A Sieve Separating the Genuine Pro-Lifers from the Fakes, Canopy Forum (2022).
Selected Essays Some Short Circuits in the Rewiring of Regulatory Review, Law and Political Economy (2023). Paradigms, Politics, and Policy Statement at the CFPB, Notice and Comment (2023). Politics and Expertise, Phenomenal World (2022).
ANITA KAY HEAD
Assistant Dean for Students Associate Professor of Legal Writing Faculty Coach, Andrews ABA National Moot Court Team Employment Law Drafting Introduction to the Study of Law Legal Writing Selected Presentations Breaking It Down: Teaching Students How to Approach Long-Term Assignments, ALWD Innovative Teaching Workshop (2022).
Selected Presentations At the Nexus of Antitrust & Consumer Protection, Utah L. Rev. Symposium (forthcoming 2023). The New Consumer Protection, Harvard/ Stanford/Yale Junior Faculty Forum (2023). Moderator, Institutional Design and Democratic Governance, Program on Law & Political Economy Conference (2023). Unfair Acts and Practices: An Essay in Reconstruction, Consumer Law Scholars Conference (2023).
Selected Honors Commencement Hooding Team (2023).
Unfairness at the FTC, The New Roaring Twenties: The Progressive Agenda for Antitrust & Consumer Protection Law, University of Utah College of Law (2022).
Outstanding Faculty Member, Alabama Law Student Bar Association (20222023).
The Law and Political Economy of Consumer Debt, Law & Macro Conference (2022) (with Raúl Carrillo).
Evangelicals and Other Contemporary Protestant Denominations in the United States, in Christian Perspectives on the Role of the State, Justice, and Taxation (Springer, forthcoming 2024). Selected Publications Moral Reflection on 21st Century Tax Policy Trends, 52 Cumb. L. Rev. 1-77 (2022).
What is Consumer Protection For?, 33 Loy. Consumer L. Rev. 240 (2022).
Consumer Markets & Collective Purpose, Reconstituting the Consumer Conference, University of Amsterdam (2022).
LUKE HERRINE
Assistant Professor of Law Administrative Law Consumer Finance Law Financial Institutions & Regulation Law & Political Economy Regulated Industries Student Loan Law
Selected Media Appearances Biden’s Student Loan Forgiveness Plan Goes Before Supreme Court Tuesday. What Borrowers Need to Know, CNN (2023). Supreme Court Greenlights Student Loan Forgiveness for Defrauded Borrowers. What’s Next?, USA Today (2023). How the Government Cancelled Betty Ann’s Debts, The New Yorker (2023). Potential Plan B for Biden Student Loan
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SHALINI BHARGAVA RAY Citizenship and Racial Subordination
3 American Journal of Law & Equality (2023).
C
itizenship is a powerful concept in public discourse, often regarded as a tool for promoting inclusion and racial equality. But citizenship has important limitations as a vehicle for achieving egalitarian aspirations. As scholars have noted, citizenship has an exclusionary logic, and gradations of citizenship are ineligible. Contrary to the conventional wisdom, it has often served as only a weak antidote to disadvantage based on race. Moreover, citizenship has not always brought greater rights or well-being for those who possess it. At times, its imposition has operated as an oppressive force.
This essay, reflecting on one professor’s experience of teaching a law school seminar on citizenship, argues that the study of leading citizenship cases and associated scholarly commentary casts doubt on common assumptions about citizenship and its relationship to racial equality. Examining the history of American citizenship for free Black people, indigenous people, residents of U.S. territories, and Asian Americans exposes the ambiguity of a legal status typically associated with unalloyed social, political, and economic goods. Accordingly, this essay advocates for providing law students with more opportunities to study citizenship law and theory. Luke Herrine cont. Relief Messy, Untested, Bloomberg Law (2023).
Opening a Federal Reserve Account, Southern Utah University (2023). Digital Asset Banking “SPDI” Updates, Blockchain Stampede, University of Wyoming (2022).
Biden’s Student Loan Relief Plan in Chaos: Experts Suggest Untested Plan B, JD Journal (2023). U.S. Uses 'Compromise and Settlement' to Erase Law Grad's $329k Debt; Would It Work On Grander Scale?, ABA Journal (2023). If SCOTUS Blocks Student Debt Relief, 1965 Law Could Be ‘Plan B’, Nerd Wallet (2023). What the Supreme Court’s Decision to Let $6 Billion in Student-Loan Relief Move Forward Means For Borrowers, MarketWatch (2023). The Supreme Court Will Hear Challenges to the Student Debt Relief Program, NPR (2022). Student Loan Relief to Move Ahead Despite Hold, Education Secretary Says, The Washington Post (2022). Lawsuit Seeks to Block Biden’s Student Debt Cancellation Plan, The New York Times (2022). Biden Drags His Feet on Student Loan Plan as Allies Urge Bold Action, Bloomberg (2022). Mass Student Debt Cancellation Legally Risky, Says Top Obama Education Lawyer, The Wall Street Journal (2022).
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JULIE HILL
Vice Dean Alton C. & Cecile Cunningham Craig Professor of Law Banking Law Payment Systems Secured Transactions Selected Publications From Cannabis to Crypto: Federal Reserve Discretion in Payments, Iowa L. Rev. (forthcoming 2023). Bank Access to Federal Reserve Accounts and Payment Systems, Yale J. on Reg. (2023). Selected Essays Transparency at Federal Reserve Banks, Mercatus Center Policy Brief (2023). Banks Should Tread Carefully in Fraught Political Environment, American Banker (2022). Selected Presentations Federal Reserve Discretion in Payments, Wharton Financial Regulation Conference (2023).
Bank Access to Federal Reserve Accounts and Payment Systems, Winter Deals Conference, Brigham Young University Law School (2022). Who Gets Access to the Payments System?, The Clearing House + Bank Policy Institute Annual Conference (2022). Supervising Bank Reputation, Annual Conference of the J. of Fin. Reg., Columbia Law School (2022). The Business of Cannabis: Governance, Finance, Merchant Processing, Insurance, and Investors, CBD/Cannabis/Delta-8 et al.: It’s Not What You Know That Can Hurt You (2022). Selected Media Appearances U.S. Bank Supervision Needs More Speed, Transparency in the Wake of SVB Debacle, Critics Say, Reuters (2023). The New Congress Can Ensure Better, Clearer Financial Regulation. Here’s How, The Hill (2023). After Last Month’s Bank Failures, Big Banks’ Deposits are Falling Again, NPR Marketplace (2023). What's the Best Way to Make Banks Safer? Make Them “Narrower," NPR Marketplace (2023).
Regional Banks Still Face Challenges After Bank Runs, NPR Marketplace (2023). Smaller Banks Keep a Close Watch on Their Liquidity, NPR Marketplace (2023).
Selected Publications A Tribute to R. Kent Greenawalt: ScholarTeacher, Teacher-Scholar, 123 Colum. L. Rev. 939 (2023)
The Federal Reserve Could Help Instant Payments Catch On, NPR Marketplace (2023).
Selected Presentations Co-Organizer, Annual Law and Religion Roundtable, University of Virginia Law School (2023).
Bailout or Business as Usual? Home Loan Bank-Crypto Ties Raise Red Flags, American Banker (2023).
Moderator, The End of Animus: The Lifespan of Impermissible Purposes, Ala. L. Rev. Symposium (2022).
Associate Professor of Clinical Legal Instruction Director, Criminal Defense Clinic
Fed Denies Custodia's Member Bid, Dealing Blow to Master Account Hopes, American Banker (2023).
Selected Honors Co-Blogger, Prawfsblawg (2023).
Clinical Legal Education Collateral Consequences of Criminal Records Criminal Procedure Crimmigration Law Federal Sentencing Trial Advocacy
Fed Launches Master Account Database, American Banker (2023). Toomey: Fed "Wildly Mischaracterized" Master Account Law for Own Gain, American Banker (2023). State Banks’ Crypto Plans Face Hurdles After New Fed Policy, Bloomberg Law (2023).
AMY KIMPEL
Co-Organizer, Annual Law and Religion Roundtable (2023). Member, Faculty Senate, University of Alabama (2023).
Selected Book Chapters Violent Images in Legal Education, in How to Account for Trauma and Emotions in Legal Teaching (Edward Elgar, forthcoming 2024).
Nootbaar Institute Fellow, Pepperdine University Caruso School of Law (20202022).
Selected Publications Alienating Criminal Procedure, 37 Geo. Immigr. L.J. 237 (2023).
Crypto's Banking Problem: Industry Needs Access but U.S. Regulators Keep Digital Assets at Bay, Yahoo! Finance (2023). Banks Are Still Losing Deposits. Just Not the Banks You Might Expect, Yahoo! Finance (2023).
Paying for a Clean Record, 112 J. Crim. L. & Criminology 439 (2022).
World Regulators Are Looking at DeFi, Coindesk (2023).
Elton B. Stephens Professor of Law Director, International Programs
Fed's Master Account Database Underscores Crypto's Questions, Axios (2023).
International Trade Law Investment Law Law of Armed Conflict Nuclear Law Public International Law
‘Only the Elites Have the Ability to Have Bank Accounts All Over the World’: Small Businesses Battle Fed for Master Account Access, Market Watch (2023).
Selected Presentations Outsider Prosecutions, Richmond Junior Faculty Forum, University of Richmond School of Law (2023).
DANIEL H. JOYNER
Lone Star Lessons, CrimFest, Brooklyn Law School (2023). Leveraging Best Practices from the Clinical Teaching Market to Further Clinical Legal Education, AALS Conference on Clinical Legal Education (2023) (with Jenny Roberts, Alicia Plerhoples, Lula Hagos & Edward De Barbieri).
Books Iran’s Nuclear Program and International Law: From Confrontation to Accord (Oxford University Press 2016).
Operation Lone Star, ABA/AALS Academy for Justice Workshop (2022).
Selected Book Chapters Strategic Trade Controls, in Research Handbook on Arms Control Law (Thilo Marauhn and Eric Myjer eds., Edward Elgar 2023).
PAUL HORWITZ
Gordon Rosen Professor of Law Constitutional Law Law & Religion Legal Profession Legislation & Regulation Separation of Powers Supreme Court Seminar Books First Amendment Institutions (Harvard University Press 2013).
Alienating Criminal Procedure, Southeastern Association of Law Schools Annual Meeting (2022).
Selected Publications Disarmament is Good, but What We Need Now is Arms Control, 10 Indonesian J. of Int’l and Comp. L. 1 (2023). Selected Presentations The Current Crisis in International Arms Control Law, University of Kyoto School of Law (2023). The Future of Nuclear Arms Control and International Law, University of Westminster Law School (2022).
Leveraging the History of Racism in Written and Oral Advocacy, AALS Clinical Conference (2022) (with Maneka Sinha, Daniel Harawa & Vincent Southerland). Alienating Criminal Procedure, Junior Scholars Conference, University of Michigan Law School (2022). Panelist, Medical Compassionate Release: What’s Working and What’s Not, Second Chances Symposium, University of Chicago School of Law (2022).
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Amy Kimpel cont. Alienating Criminal Procedure, Criminal Justice Reform Workshop Series, Deason Center, Southern Methodist University Dedman School of Law (2022). Selected Media Appearances Frail People are Left to Die in Prison as Judges Fail to Act On a Law to Free Them, NPR (2023). UA Law Professor Amy Kimpel Details Next Steps for Van der Sloot Case, WVUA (2023).
RONALD J. KROTOSZYNSKI, JR.
John S. Stone Chairholder of Law Director, Faculty Research
Administrative Law Comparative Constitutional Law Constitutional Law First Amendment Law Telecommunications Law Books Free Speech as Civic Structure: A Comparative Analysis of How Courts and Culture – Not Constitutional Text – Shape the Freedom of Speech (Oxford University Press, forthcoming 2024). Disinformation, Misinformation, and Democracy: Defining the Problem, Identifying Potentially Effective Solutions, and the Merits of Using a Comparative Legal Approach (Cambridge University Press, forthcoming 2024) (with András Koltay & Charlotte Garden) (editor & contributor). First Amendment: Cases and Theory (Aspen Publishers, 4th ed. 2022) (with Lyrissa Lidsky, Caroline Mala Corbin & Timothy Zick). Administrative Law (Aspen/Wolters Kluwer, 5th ed. 2021) (with John M. Rogers, Michael Healy & Kent Barnett). The Disappearing First Amendment (Cambridge University Press 2019). Privacy Revisited: A Global Perspective on the Right to Be Left Alone (Oxford University Press 2018, 2016).
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First Amendment: Cases and Theory (Wolters Kluwer, 3rd ed. 2017) (with Caroline Mala Corbin, Lyrissa Barnett Lidsky & Christina E. Wells). Administrative Law (Wolters Kluwer, 4th ed. 2017) (with John M. Rogers & Michael Healy). Selected Book Chapters Whalen v. Roe (1977), in Landmark Cases in Privacy Law (Paul Wragg & Peter Coe eds., Hart Publishing 2023). Giving the Invisible Hand a Relatively Free Hand: Data Privacy in the U.S. and the Unfortunate, but Lawful, Commodification of the Person, in The Law of Global Digitality (Matthias C. Kettemann, Alexander Peukert & Indra Spiecker eds., Routledge 2022). Selected Publications Reimagining First Amendment Remedies, 109 Iowa L. Rev. 243 (forthcoming 2024). On the Importance of Being Earnest: Contrasting the Dangers of Makeweights with the Virtues of Judicial Candor in Constitutional Adjudication, 74 Ala. L. Rev. 243 (2022). Do Elections Really Have Consequences?: Presidential Indifference, Attenuated Accountability, and Policy Paralysis Within the Administrative State, 58 Ga. L. Rev. (forthcoming 2024). Common Law Constitutionalism and the Protean First Amendment, 25 U. Pa. J. Const. L. 1 (2023). Selected Essays Mardi Gras Parades and the First Amendment, The Advocate (2023). Selected Presentations Disinformation, Misinformation, and Democracy: Defining the Problem, Identifying Effective Solutions, and the Potential Merits of Using a Comparative Legal Approach, Global Freedom of Expression Conference, Columbia University Law School (2023). Do Words Really Matter?: The Limited Relevance of Constitutional Text to the High Court of Australia’s Freedom of Expression Jurisprudence, Faculty Workshop (2023). Privacy and the Pernicious Problem of State Action, Technology, Privacy, Media, and Law Annual Conference, University of Flordia Levin College of Law (2023). Reimagining First Amendment Remedies, Faculty Workshop Series (2023).
The Problems Disinformation and Misinformation Present for Democracy, IMODEV Annual Conference on Government Transparency and Free Speech (2023). Navigating the Dark Art of Article Placement in the Scholastica Era, Southeastern Association of Law Schools Annual Meeting (2022). Common Law Constitutionalism and the Prototean First Amendment, Faculty Workshop Series, University of Dayton School of Law (2022). The First Amendment, Academic Freedom, and the Teaching of Critical Race Theory in the American Public University, Free Speech Hypocrisy and Critical Race Theory, University of Dayton School of Law (2022). Free Speech as Civic Structure: A Comparative Analysis of How Courts and Culture Shape the Freedom of Speech, Faculty Workshop, University of Edinburgh School of Law (2022). Common Law Constitutionalism and the Freedom of Speech: The Limited Relevance of the HRA 98 to the Scope and Vibrancy of Free Speech Rights in the U.K., Corpus Christi College, University of Oxford (2022). Common Law Constitutionalism and the Freedom of Speech: The Limited Relevance of the HRA 98 to the Scope and Vibrancy of Free Speech Rights in the U.K., Leeds University Faculty of Law (2022). Free Speech as Civic Structure: The Limited Relevance of the HRA 98 to the Scope and Vibrancy of Free Speech Rights in the U.K., Reading University School of Law (2022). The Limited Scope of First Amendment Protection for Transborder Newsgathering Activities, Conference on Media Freedom and Human Rights (2022).
RUSSELL M. GOLD The Price of Criminal Law
56 Arizona State Law Journal (forthcoming 2024).
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overnments should and do face tradeoffs about how to spend their money. Because the criminal legal system diffuses power and hides and offloads costs, officials and voters do not have to honestly consider its tradeoffs. These structural features give counties more criminal enforcement than they pay for. Too much enforcement is particularly pernicious in criminal law: Incarceration inflicts tremendous suffering, especially in poor communities of color. Suburban voters who do not live in overpoliced communities have no incentive to account for others’ suffering. But if their tax dollars had to pay for their community’s entire criminal law apparatus that financial stake might urge restraint. This Article argues that budget constraints provide an important accountability measure for criminal law and that counties should be empowered to make and burdened with making the hard tradeoffs. It then articulates the goals to which a democratically accountable budget in criminal law should strive. Such a budget would require government officials to set transparent priorities. It would also eliminate prosecution on the cheap by affording respect for basic rights such as the right to counsel, the right against being caged in dangerous conditions, and the right to a speedy trial. To preserve the budgeting tradeoffs, budgets for indigent defense, carceral facilities, and courts should all limit the number of cases prosecutors can bring. Ultimately, this Article aims toward a system in which criminal law is used only to the extent that a local community views its benefits as greater than the suffering it inflicts. Selected Book Chapters Negligence, Intentional Torts, Professional Liability, and Medical Malpractice, in Laws of Medicine (Amirala Pasha ed., 2022).
YURI R. LINETSKY
Associate Professor of Clinical Legal Instruction Director, Clinical Programs Director, Civil Law Clinic Civil Procedure Clinical Legal Education Criminal Procedure Policing and Police Training Trial Practice & Procedure Selected Presentations Detention, Arrest, and Use of Force Law; Search & Seizure Law; Criminal/ Civil Liability & Civil Rights; Effective Report Writing, Alabama Peace Officer Standards and Training Commission Academy (2022). Students and the Bill of Rights: Free Speech and Searches & Seizures (2022). Evicted, Alabama Bar Association ProBono Book Club (2022).
ALBERT LOPEZ
Professor of Law
Decendents’ Estates Legal History Race and Property Wills
Selected Publications Supply-Side Health Policy: The Impact of Scope-of-Practice Laws on Mortality, 222 J. Pub. Econ. (2023). Reproductive Objectification, 108 Minn. L. Rev. (2023) (with Meghan Boone). Toward a Uniform Classification of Nurse Practitioner Scope of Practice Laws, 80 Med. Care Res. & Rev. (2023) (with Sara Markowitz). Stealing Organs?, 97 Ind. L.J. (2022). Bringing Predictability to the Chaos of Punitive Damages, 54 Ariz. St. L.J. (2022) (with Kip Viscusi).
BENJAMIN MCMICHAEL
Associate Professor of Law Health Law Law and Economics Torts
Selected Media Appearances A Crucial Link in the Nation’s Organ Donation Process is Failing, The Markup (2023). Selected Honors Commencement Hooding Team (20212023).
2022 Law Enforcement Legal Update, Northport, AL Police Department (2022).
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Noncitizen Harboring and the Freedom of Association, 101 N.C. L. Rev. 677 (2023). The Contested “Bright Line” of Territorial Presence, 56 Ga. L. Rev. 1511 (2022).
ANIL MUJUMDAR
Assistant Professor of Law in Residence Director, Diversity, Equity & Inclusion Anti-Human Trafficking Civil Rights Litigation Prison Conditions Summer Scholars Program White Collar Practice
DANIEL POWELL
Associate Dean for Online Graduate Programs Director, Continuing Legal Education Director, Legal Master’s Programs Distance Education
Books Alabama Criminal Procedure & Law with Forms (LexisNexis 2023). LexisNexis Practice Guide: Alabama Civil Procedure (2023 ed. LexisNexis 2022, 2021) (with Othni J. Lathram). Selected Presentations Moderator, Making the Legal Profession Accessible to the Entire Population, Ala. L. Rev. Symposium, University of Alabama School of Law (2023). Civil Rights, Disability Justice, and Intersectional Advocacy (2022). Nationwide Look at Models for Reform, Crisis Response: Mental Health & Policing, Law & Psych. Rev. Symposium, University of Alabama School of Law (2022). Moderator, Crisis Response: Mental Health & Policing, Law & Psych. Rev. Symposium, University of Alabama School of Law (2022).
TRAVIS RAMEY
Assistant Professor of Clinical Legal Instruction Director, Appellate Clinic
Panelist, Anti-Human Trafficking, Ala. L. Rev. Symposium, University of Alabama School of Law (2022). Selected Media Appearances Hamdani 'Thankful' for His New Role as U.S. Attorney for Southern Texas, Houston Chronicle (2023). Selected Honors Fellow, Alabama Law Foundation (2022).
Open Questions, Legal Hurdles for Biden's New Border Rule, Lawfare (2023). Immigration Enforcement Priorities and Presidential Duty, Lawfare (2022). The Demise of Rights-Protective Statutory Interpretation for Detained Immigrants and the Rise of “Piecemeal” Textualism, SCOTUSBlog (2022). Selected Presentations Panelist, Agency Adjudication, ABA Administrative Law and Regulatory Practice Section Annual Spring Conference (2023). New Voices in Administrative Law and Legislation, American Association of Law Schools Annual Meeting (2023).
Appellate Advocacy Appellate Procedure Torts
Panelist, Biden v. Texas, and The Federal/ State Battle Over Immigration Law, AALS Hot Topics (2023).
Selected Media Appearances Federal Judges Hear New Appellate Arguments in Colbert County Double Murder, WAAY 13 Huntsville (2022).
Organizer/Moderator, Judicial Review of Agency Guidance in Immigration Law and Beyond, ABA Administrative Law and Regulatory Practice Section Annual Fall Conference (2022).
Selected Honors Member, Standing Committee on the Alabama Rules of Appellate Procedure (2023).
Organizer/Moderator, Understanding Agency Self-Regulation, ABA Administrative Law and Regulatory Practice Section Webinar (2022). The Contested ‘Bright Line’ of Territorial Presence, Immigrants and the First Amendment, Ga. L. Rev. Symposium (2022).
End of Animus in Equal Protection Law, The End of Animus: The Lifespan of Impermissible Purposes, Ala. L. Rev. Symposium, University of Alabama School of Law (2022). Moderator, The End of Animus: The Lifespan of Impermissible Purposes, Ala. L. Rev. Symposium, University of Alabama School of Law (2022).
Selected Shorter Works United States v. Texas, Explained, Lawfare (2023).
SHALINI BHARGAVA RAY
Associate Professor of Law Administrative Law Citizenship Immigration Law Legal Ethics Statutory Interpretation
Selected Publications Eroding Immigrants’ Rights Through the New 'New Textualism,' 2021-2022 ACS Supreme Court Review (forthcoming 2023).
MEREDITH RENDER
Professor of Law
Civil Rights Law Gender & Sexuality and the Law Property Law Legislation and Regulation
Citizenship and Racial Subordination, 3 Am. J.L. & Equal. (2023).
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KENNETH ROSEN
CLARE RYAN
Professor of Law
Assistant Professor of Law
Business Organizations Corporate Governance Federal Securities Financial Derivatives International Business Market Regulation Transactions
Family Law I & II International Human Rights Law
Selected Presentations Moderator, State and Federal Court Judges Panel, University of Alabama School of Law (2023). Moderator, Eleventh Circuit Judges of the U.S. Court of Appeals Panel (2022). Love for Labor Lost, Hillsdale College (2022). Selected Honors Elected Member, American Law Institute. Members Consultative Group, American Law Institute’s Restatement of the Law of Corporate Governance. Members Consultative Group, American Law Institute’s Restatement of Foreign Relations Law of the United States. Representative for Alabama, Uniform Law Commission. Appointment, Uniform Law Commission Study Committee on the United Nations Convention on the Adoption of International Settlement Agreements Resulting from Mediation.
Books A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights (Oxford University Press 2018) (with Alec Stone Sweet). Selected Book Chapters Contesting Sexual Orientation Rights Before the ECtHR, in International Sexual and Reproductive Rights Lawfare (Malcolm Langford & Siri Gloppen eds., Cambridge University Press, forthcoming 2023) (with Laurence Helfer). Selected Publications Are Children’s Rights Enough?, Am. U. L. Rev. 2077 (2023). LGBT Rights as Mega-Politics: Litigating Before the ECTHR, 84 L. and Contemp. Probs. 59 (2022) (with Laurence Helfer). Selected Essays Lee v. United Kingdom: A Trend Towards Heightened Pleading Standards?, Strasbourg Observers (2022). Selected Presentations Anti-Democratic Civil Society: Interventions Before the European Court of Human Rights, Legal Infrastructures of Democracy Symposium, Max Plank Institute (2023).
FREDERICK SPIGHT
Assistant Professor of Clinical Legal Instruction Interim Director, Transactional Clinic Civil Rights Clinical Legal Instruction Criminal Justice Reform Nonprofit & Entrepreneurship Clinics Transactions Selected Essays Reflections on Dr. King’s Beloved Community: Onward Toward a Brighter Future, Alabama Appleseed (2023). Selected Presentations Panelist, Policy Issues and Recommendations Regarding Youth Incarceration in Alabama, Youth Incarceration & Juvenile Justice in Alabama, University of Alabama School of Law (2023). Panelist, Skills for Success: How to Be An Antiracist Lawyer, ABA Equal Justice Conference (2022). Selected Media Appearances Alabama Bill Would Enable Review of Some Habitual Offender Sentences, The Associated Press (2023). Ivey Signs Bill Giving More Leniency Before Driver’s License Suspension, Alabama Political Reporter (2023). Ivey Signs Law Limiting Courts’ Ability to Suspend Drivers’ Licenses Over Missed Court Dates, Fines, Alabama Reflector (2023).
Are Children’s Rights Enough?, International Society of Family Law World Conference, University of Antwerp (2023).
Suspended Licenses Driving Workforce Shortage and Loss of Millions in Consumer Spending, ABC 33/40 Birmingham (2023).
Member, Alabama Law Institute Council.
The Public/Private Family, Family Law Scholars and Teachers Conference, Boston College School of Law (2023).
Montgomery Residents Speak on Citizen Police Review Board, WSFA NBC Montgomery (2023).
Chair, Law School Career Services Committee.
Moderator, Children in Society, U. of Chi. L. Rev. Annual Symposium (2023).
Member, Law School International Committee.
Selected Honors Emerging Scholar, Children and the Law, U. of Chi. L. Rev. Symposium (2023).
Birmingham Pro Bono Initiative Launched to Provide Legal Services to Black-Owned Small Businesses, Yellowhammer News (2022).
Appointment, Uniform Law Commission Drafting Committee for a Uniform Law on Recurring Services Contracts. Member, Supreme Court Historical Society.
Member, Law School Student Recruitment Committee.
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Vice Chair, Younger Comparativists Committee of the American Society of Comparative Law (2023).
RONALD J. KROTOSZYNSKI, JR. Free Speech as Civic Structure: A Comparative Analysis of How Courts and Culture – Not Constitutional Text – Shape the Freedom of Speech Oxford University Press, forthcoming 2024
I
n Free Speech as Civic Structure: A Comparative Analysis of How Courts and Culture –Not Consitutional Text –Shape the Freedom of Speech (Oxford University Press, forthcoming 2024), Professor Ronald J. Krotoszynski, Jr. makes a provocative claim – namely, that constitutional text, or its absence, will play a very limited role in shaping the freedom of speech within a legal system. Using a comparative legal analysis, Free Speech as Civic Structure demonstrates how and why constitutional (or statutory) text has little discernible effect on how judges go about hearing and deciding free speech cases. Thus, in countries with an express constitutional provision safeguarding speech, such as the United States and South Africa, judges will pay little, if any, attention to the actual words of that text. Meanwhile, in jurisdictions that lack a constitutional provision safeguarding speech – including Australia and Israel – judges will conjure a constitutional right to freedom of expression from more general constitutional provisions on elections and voting or as a necessary aspect of democracy. Rather than hewing closely to text, judges engage in a careful and ongoing common law process of assessing what rules should apply when the government seeks to censor speech. Free speech law thus provides an excellent exemplar of how and why constitutional law often involves common law reasoning that develops legal rules over time and on interstitial basis – rather that careful adherence either to the text or its original public meaning. Pass Interference: The Interference Theory of Retaliation, Junior Faculty Forum, University of Richmond School of Law (2023).
DAIQUIRI STEELE
Assistant Professor of Law
Civil Rights Education Law Employment Discrimination Labor & Employment Legislation & Regulation Retaliation & Whistleblower Law Torts Selected Publications Enforcing Equity, 118 Nw. U. L. Rev. (2023). Rationing Retaliation Claims, 18 U.C. Irvine L. Rev. (2023). Enduring Exclusion, 120 Mich. L. Rev. 1667 (2022). Selected Presentations Pass Interference: The Interference Theory of Retaliation, Culp Colloquium, Duke University School of Law (2023).
The Frontlines of Civil Rights: An Academic Overview, Clifford & Virginia Durr Lecture Series Weekend, U.S. District Court for the Middle District of Alabama (2023).
Moderator, New & Emerging Voices in Workplace Law, AALS Section of Employment Discrimination and Section on Labor Relations & Employment Law (2023). Regulation, Retaliation & Redress, Elmer J. Schaefer Workshop Series, William & Mary Law School (2022).
What Young Lawyers Want and What Pre-Law Students Need, Alabama State Bar Young Lawyers Section (2023).
Regulation, Retaliation & Redress, Faculty Colloquium Series, University of California Hastings College of Law (2022).
Diversity in Legal Education, ABA Section of State and Local Government Law, ABA Mid-Year Meeting (2023).
Regulation, Retaliation & Redress, Faculty Colloquium Series, University of Oklahoma College of Law (2022).
Hot Topics: Whistleblower Law Updates, ABA Section of State & Local Government Law, ABA Mid-Year Meeting (2023).
Regulation, Retaliation & Redress, Junior Faculty Workshop, Ohio State University College of Law (2022).
Hot Topics: Diversity, Equity & Inclusion, Sports & Recreation Law Association Conference (2023).
Retaliation Deterrence Incentives, Works in Progress Workshop, AALS Employment Discrimination Section (2022).
Toward an Omnibus Athletics Whistleblower Statute, Sports & Recreation Law Association Conference (2023).
Retaliation Deterrence Incentives, Administrative Law Roundtable, University of Minnesota Law School (2022).
Enforcing Equity, Faculty Colloquium, St. Louis University School of Law (2023).
Rationing Retaliation Claims, Culp Colloquium, University of Chicago Law School (2022).
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BENJAMIN MCMICHAEL Supply-Side Health Policy: The Impact of Scope-of-Practice Laws on Morality, 3 American Journal of Law & Equality (2023).
A
ccess to healthcare remains elusive in many parts of the United States. While legal and policy interventions over the past decade have attempted to increase access to care, most of these attempts have targeted the demand side of healthcare markets. By expanding Medicaid, establishing exchanges, and implementing coverage mandates, policy interventions have made it easier for many to afford healthcare and thereby increase demand for it. However, without an adequate supply of healthcare providers, increased demand for care will do little to improve access.
The increased use of nurse practitioners (NPs) and physician assistants/associates (PAs) to provide healthcare represents an important supply-side policy option to expand access to care. These providers deliver much of the care traditionally reserved to physicians and care for a wide range of patients. However, restrictive scope-ofpractice laws limit their ability to deliver care by limiting the services they can provide and mandating physician supervision of their practices. This article examines the effect of relaxing these scope-of-practice laws on healthcare amenable deaths, which are deaths that could be avoided with timely access to healthcare. Analyzing these deaths in the United States between 2005 and 2019, McMichael finds that relaxing NP scope-of-practice laws reduces healthcare amenable deaths by 12 per 100,000 individuals and that relaxing PA scope-of-practice laws reduces these deaths by 10 per 100,000, with larger reductions in rural areas. A back-of-the-envelope calculation suggests that relaxing NP and PA scope-of-practice laws across the country could save more than 40,000 lives per year. Daiquiri Steele cont'd. Precarity of Work Part I: Anti-Racist Strategies for Social Change and Retaliation Deterrence Incentives, Global Meeting on Law and Society (2022). Retaliation Deterrence Incentives, Fifteenth Annual Lutie A. Lytle Black Women Law Faculty Writing Workshop, Boston University School of Law (2022). Media Commentary What I Wish I’d Learned in Law School, ABA Journal (2023). Selected Honors 40 Under 40 Award, National Bar Association (2022).
Federal Practice and Procedure, Vols. 4, 4A, & 4B (West, 4th ed. & supplements, 2017-2022) (with Charles Alan Wright & Arthur R. Miller).
ADAM N. STEINMAN
Robert W. Hodgkins Endowed Chairholder in Law Civil Procedure Complex Litigation Federal Jurisdiction International Human Rights Law Books Civil Procedure: Cases and Materials (West, 13th ed. 2022) (with Jack H. Friedenthal, Arthur R. Miller, John E. Sexton, Helen Hershkoff & Troy A. McKenzie). Civil Procedure in a Nutshell (West, 9th ed. 2022) (with Mary Kay Kane & Arthur R. Miller). Civil Procedure (West, 6th ed. 2021) (with Jack H. Friedenthal, Mary Kay Kane & Arthur R. Miller).
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Federal Courts: Cases, Comments, and Questions (West, 9th ed. 2021) (with Martin H. Redish, Suzanna Sherry, James E. Pfander & Steven S. Gensler). Selected Publications Beyond Bristol-Myers: Personal Jurisdiction Over Class Actions, 97 N.Y.U. L. Rev. (2022). Selected Presentations Commentator, Symposium on the 40th Anniversary of Managerial Judges, Yale Law School (2022).
Civil Discourse with Joyce Vance, Substack Selected Media Appearances E. Jean Carroll’s Quest for Justice and the Carnage of Donald Trump’s Misogyny, Vanity Fair (2023).
GARY SULLIVAN
Associate Professor of Law in Residence Director, Trial Advocacy Program Bankruptcy Law Commercial Litigation Creditor Rights Trial Advocacy Selected Publications Subchapter V: A New Reorganization Model for Small Business, 84 Ala. L. Rev. 30 (2023). Selected Honors Edition Editor, The Bankruptcy Issue, 8384 The Alabama Lawyer (2022-2023).
How to Convict Trump, The New York Times (2023) (with Norman Eisen and Andrew Weissmann).
FREDRICK VARS
Legal Moves in Trump Case Reveal Challenges of Prosecuting a President, The New York Times (2023). Atlanta Prosecutors Contact Firms That Consulted with Trump Campaign, The New York Times (2023). Trump’s Freewheeling, Stream-OfConsciousness Speaking Style Draws Legal Attention Amid Probes, The Associated Press (2023). A New ‘Golden Age’ for Lawyers Who are Good at Talking on TV, The Washington Post (2023). What Are Trump's 34 Charges? He's Accused of Falsifying Business Records in Hush-Money Payments, USA Today (2023).
JOYCE WHITE VANCE
U.S. Attorney Joyce Vance on Classified Documents Posing Challenges in Trump Case, NPR's "Here & Now" (2023).
Civil & Criminal Justice Reform Criminal Law & Procedure Democratic Institutions Election Law
The Latest Stench in the Supreme Court, The Hill (2023).
Selected Publications Trump Classified Documents – Model Prosecution Memo, Just Security (2nd ed., 2023) (with Andrew Weissmann, Ryan Goodman, Norman L. Eisen, Fred Wertheimer, Siven Watt, E. Danya Perry, Joshua Stanton & Joshua Kolb). Selected Essays How to Convict Trump, The New York Times (2023) (with Norman Eisen and Andrew Weissmann). Selected Presentations Freedom, Equality, and the Common Good, AALS Conference (2022). Media Involvement NBC News & MSNBC Legal Analyst Co-Host, #SistersInLaw Podcast (with Kimberly Atkins Stohr, Barb McQuade, and Jill Wine-Banks) Co-Host, Café Insider Podcast (with Preet Bharara)
Disability Law Firearm Law Law and Economics Mental Health Law Property Trust and Estates Books Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights (Harvard University Press 2020) (with Ian Ayres). Selected Publications Time to Heal: Trauma’s Impact on Rape & Sexual Assault Statutes of Limitations, Tex. A&M L. Rev. (2023) (with Jillian Miller Purdue).
Will Trump Face Federal Indictment Over Jan. 6? Some Ex-Prosecutors Say DOJ Moving Too Slowly, USA Today (2023).
Distinguished Professor of the Practice of Law
Ira Drayton Pruitt, Sr. Professor of Law
The Slayer Rule: An Empirical Examination, Actec L.J. (2023). Murder and Money: The Dark Side of Taylor Swift, Duke L.J. Online (2023). The Criminal Legal System Doesn’t Care About Your Mental Illness, Cardoza L. Rev. de∙novo (2023).
Political World Braces for Possible Federal Indictment of Trump, The Hill (2023). 'Absolutely Historic': Legal Experts Explain Stakes in Donald Trump Indictment, Huff Post (2023). Donald Trump Could Be Asked to Wear an Ankle Monitor Following His Latest Indictment, Says Former Prosecutor, Business Insider (2023).
“Show Me Your Gun”: A Way Forward on Waiting Periods, 77 N.Y.U. Ann. Survey Am. L. 221 (2022). Slipping Through the Cracks?: The Impact of Reporting Mental Health Records to the National Firearm Background Check System, 195 J. Econ. Behav. Org. 52-74 (2022). Fertility Fraud: The Child’s Claims, 63 B.C. L. Rev. E. Supp. 29-36 (2022).
How Donald Trump’s Trials and the Republican Primary Will Intersect, The Economist (2023).
Selected Essays What ‘The Sneetches’ Can Teach Us About the Battle Against Wokeness, The Hill (2023).
Lawyer for Trump Valet in Mar-a-Lago Documents Case Alleges Misconduct, The Guardian (2023).
The Most Dangerous Moment of My Life: Reducing Police Killings During Mental Health Crises, Harv. L. Rev. Blog (2022).
Trump Drew One of His Favorite Judges. Here’s How She Could Help His Case, Politico (2023).
Time to Live: Safer Gun Safes and Smarter Smart Guns, Duke Center for Firearms Law (2022) (with Ian Ayres & Katrina Brees).
Natalee Holloway Vanished in Aruba at Age 18, Would Be 36 Now: A Timeline Of The Case, AL.com (2023).
Selected Presentations Panelist, Privatizing Gun Regulation, Duke Center for Firearms Law Conference (2022).
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Fredrick Vars cont'd. Moderator, Crisis Response: Mental Health & Policing, L. & Psychol. Rev. Symposium, University of Alabama School of Law (2022). Selected Media Appearances Charlotte Talks Podcast, NPR (2023). Donna’s Law: A Tool for Preventing Suicide, CBS Sunday Morning (2023). To Prevent Gun Suicide, States Consider Allowing People to Deny Themselves a Gun, Stateline (2023). SC Lawmaker Pitches Novel Idea to Curb Gun Suicides: A Voluntary No-Sell Weapons List, Post & Courier (2023). Red Flag Law Proposed in Alabama, ABC 33/40 (2023). Why Does Alabama Have More Gun Deaths Than New York?, Alabama Reflector (2023). To Prevent Gun Suicide, States Consider Allowing People to Deny Themselves a Gun, Stateline (2023). Dangerous and Discriminatory: Mental Health Questions on Bar Applications, Jurist (2022). A New No-Carry Default for the U.S.: A Gun Law That Could Really Change Things, New York Daily News (2022). New York’s Red-Flag Law Failed in Buffalo. Here’s How to Fix It, The Washington Post (2022) (with Ian Ayres). How Can States Limit Guns? By Protecting the Right to Peaceably Assemble, Los Angeles Times (2022). Banning Yourself from Buying Guns: A Suicide Prevention Method Took Hold in 3 States. Can It Happen in Wisconsin?, CBS (2022). Giving Up Our Gun-Buying Rights is a Form of Self-Defense Through Suicide Prevention, USA Today (2022) (with Heather Elliott).
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