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Spring 2011

Scholarship, Honors, and Professional Activities

Vol. 13, No. 2

PUBLICATIONS Michael B. Abramowicz’s “Orphan Business Models: Toward a New Form of Intellectual Property” appeared in 124 Harvard Law Review 1362 (April 2011). Francesca Bignami published “Cooperative Legalism and the NonAmericanization of European Regulatory Styles: The Case of Data Privacy” in 2 American Journal of Comparative Law 411 (2011). Andrea J. Boyack’s “Laudable Goals and Unintended Consequences: The Role and Control of Fannie Mae and Freddie Mac” will appear in the June issue of the American University Law Review. Her “Lessons in Price Stability from the U.S. Real Estate Market Collapse” was published in 2010 in the Michigan State Law Review. “Visa as Property, Visa as Collateral” by Eleanor Brown will be published in an upcoming issue of the Vanderbilt Law Review. Her article “A Visa to Snitch: An Addendum to Cox and Posner” is forthcoming in the Notre Dame Law Review. Professor Brown’s “What the U.S. Can Learn from the Gulf States About Immigration” appears in 2 Middle East Institute Viewpoints, Special Edition, Migration and the Gulf 87. “Good Deficits: Protecting the Public Interest From Anti-Deficit Hysteria” by Neil H. Buchanan is forthcoming in 31 Virginia Tax Review. His “What Kind of Environment Do We Owe Future Generations?” was published in 15 Lewis & Clark Law Review 339 (2011), and his “Medicare Meets Mephistopheles: Health Care, Government Spending, and

Economic Prosperity” appeared in 29 Mississippi College Law Review 319 (2010). Paul Butler published “A Long Step Down the Totalitarian Path: Justice Douglas’s Great Dissent in Terry v. Ohio” in a symposium issue of the Mississippi Law Journal and “The White Fourth Amendment” in a symposium issue of the Texas Tech Law Review. The new book 12 Angry Men includes his previously published essay “Walking While Black.” The paperback version of Professor Butler’s Let’s Get Free: A Hip-Hop Theory of Justice has gone into a second printing. Naomi Cahn’s co-written article (with Dina Haynes) “Gendering Constitutional Design in Post-Conflict Societies” was published in 17 William & Mary Journal of Women and the Law 509 (2011). Steve Charnovitz wrote the introductory essay “What is International Economic Law?” for the 2011 volume of the Journal of International Economic Law. He also published another article in the journal, “Addressing Government Failure Through International Financial Law” (September 2010). Professor Charnovitz published two book chapters: “Accountability of Public and Private International Organizations” in The Ashgate Research Companion to NonState Actors (Ashgate, 2011) and “How Nongovernmental Organizations Vitalize International Law” in Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (Martinus Nijhoff, 2011). Bradford Clark and co-author Anthony J. Bellia, Jr. published “The Political Branches and the Law of Nations” in 85 Notre Dame

Law Review 1795, as well as “The Alien Tort Statute and the Law of Nations” in 78 University of Chicago Law Review. Jessica L. Clark published “Guaranteeing Outcomes in Student Conferences” in The Second Draft: Bulletin of the Legal Writing Institute (Fall 2010). Robert J. Cottrol published “La Interpretacion Actual de las Enmiendas de la Consticuion de los Estados Unidos” in III Aequitas: Facultad de Ciencieas Juridicas (Universidad del Salvador, 2010). He also published the book chapter “Developing Effective Tools Against Racial Discrimination: Lessons from the U.S. Experience with Employment Discrimination” in Taller de Expertos de la Temática Afrodescewndiente en las Américas (Organization of American States, 2010). Charlie Craver completed the 12th edition of Labor Relations Law, the seventh edition of Employment Discrimination Law, and the fourth edition of Alternative Dispute Resolution: The Advocate’s Perspective, all of which were published by LexisNexis in May. Professor Craver’s “The Inherent Tension Between Value Creation and Value Claiming” was published in the Cardozo Journal of Dispute Resolution. His article “The National Labor Relations Act at 75: In Need of a Heart Transplant” was published in the Hofstra Labor & Employment Law Journal, and his “Negotiation Ethics for Real World Interactions” was published in the Ohio State Journal on Dispute Resolution. Lawrence A. Cunningham’s “A New Legal Theory to Test Executive Compensation:

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Contractual Unconscionability” is forthcoming in the Iowa Law Review, and his “Rhetoric versus Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts” is forthcoming in the Duke Law Journal. Lisa Fairfax’s “Board Diversity Revisited” was published in the University of North Carolina Law Review. She served as a contributing editor and chapter author of the sixth edition of the Corporate Director’s Guidebook, which was published by the ABA Business Law Section. Roger Fairfax’s essay “Batson’s Grand Jury DNA” will be published in 97 Iowa Law Review. His “Prosecutorial Nullification” is forthcoming in 52 Boston College Law Review. A version of a chapter in Professor Fairfax’s recent, edited book, Grand Jury 2.0: Modern Perspectives on the Grand Jury (Carolina Academic Press, 2010), appears as “Grand Jury Innovation: Toward a Functional Makeover of the ‘Ancient Bulwark of Liberty’” in the William & Mary Bill of Rights Journal. His article “From ‘Overcriminalization’ to ‘Smart on Crime’: American Criminal Justice Reform—Legacy and Prospects” is forthcoming in a symposium issue of the Journal of Law, Economics & Policy. Rob Glicksman published the sixth edition of his casebook Environmental Protection: Law and Policy (Aspen, 2011). He also published several articles: “Agency-Specific Precedents” in 89 Texas Law Review 499 (2011); “Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations” in 40 Environmental Law 1159 (2011); and “Access to Courts and Preemption of State Remedies in Collective Action Perspective” in 59 Case Western Reserve Law Review 919 (2009). Thomson West published two releases for his treatise, Public Natural Resources Law. Professor Glicksman is co-author of two Center for Progressive Reform white papers, “Missing the Mark in the Chesapeake Bay: A Report Card for the Phase I Watershed Implementation Plans,” CPR White Paper # 1102 (January 2011), and “Making Good Use of Adaptive Management,” CPR White Paper # 1104 (April 2011).

Phyllis Goldfarb published “Teaching Metaphors” in 20 Southern California Interdisciplinary Law Journal 39 (2010).

Renée Lettow Lerner published “Thomas Nast’s Crusading Legal Cartoons” in the Green Bag Almanac and Reader 2011.

The fourth edition of Federal Practice Manual for Legal Aid Attorneys (2011), of which Jeffrey S. Gutman served as editor in chief, is available at The publisher, the Shriver Center for Poverty Law in Chicago, will announce publication in May in its Clearinghouse Review, website, and social media outlets. The Center for Legal Aid Education in Boston will adopt the manual as part of their Affirmative Litigation training, which will next occur in July. The center provides extensive training opportunities for public interest and legal aid attorneys.

Chip Lupu and Bob Tuttle published “The Forms and Limits of Religious Accommodation” in 32 Cardozo Law Review.

Claudia E. Haupt’s “Mixed Public-Private Speech and the Establishment Clause” appeared in 85 Tulane Law Review 571 (2011). Orin Kerr’s “An Equilibrium-Adjustment Theory of the Fourth Amendment” is forthcoming in the December 2011 issue of the Harvard Law Review. Laird Kirkpatrick and his co-author published a seventh edition of their widely used coursebook Evidence Under the Rules (Aspen, 2011). It is supplemented by a DVD of movie excerpts that illustrate significant points of evidence law from popular movies. They also completed the 2011 supplements for the third edition of their five-volume treatise Federal Evidence (West, 2007) and the third edition of their one-volume treatise Evidence: Practice Under the Rules (Aspen, 2009). Professor Kirkpatrick completed the 2011 supplement for the fifth edition of his one-volume treatise Oregon Evidence (LexisNexis, 2007). Cynthia Lee’s Searches and Seizures: The Fourth Amendment, Its Constitutional History and the Contemporary Debate was published by Prometheus Books in February. Her article “Package Bombs, Footlockers, and Laptops: What the Disappearing Container Doctrine Can Tell Us About the Fourth Amendment” was published by the Journal of Criminal Law and Criminology at Northwestern.

Gregory E. Maggs and co-author Peter J. Smith completed the second edition of their casebook, Constitutional Law: A Contemporary Approach (West Academic). “Building Better Bailouts: The Investor of Last Resort” by Jeffrey Manns is forthcoming in the Florida Law Review. The Hague Academy of International Law published Rules and Institutions of International Humanitarian Law Put to the Test in Recent Armed Conflicts, edited by Michael Matheson and Djamchid Momtaz. In December, Joan Meier published “Getting Real about Abuse and Alienation: A Critique of Drozd and Olesen’s Decision Tree” in the Journal of Child Custody. The 11th edition of Thomas D. Morgan’s casebook Problems & Materials on Professional Responsibility, co-written with Ronald D. Rotunda of Chapman University and John Dzienkowski of the University of Texas, was published by Foundation Press in April. For more than 35 years, this book has been the most widely used professional responsibility casebook in the nation. Sean Murphy published a book review of Marc Weller’s Contested Statehood: Kosovo’s Struggle for Independence (Oxford University Press, 2009) in the George Washington University International Law Review. The fourth edition of his casebook Foreign Relations and National Security Law (with Franck, Glennon, and Swaine) will be published this summer. Dawn Nunziato’s “How (Not) to Censor: Procedural First Amendment Values and Internet Censorship Worldwide” was selected for publication in the Georgetown Journal of International Law. Her “The

First Amendment Issue of Our Time” was published by the Yale Law and Policy Review online. Professor Nunziato’s “Romeo and Juliet Online and In Trouble” was selected for publication by the Northwestern Journal of Technology and Intellectual Property. Spencer Overton’s “The Participation Interest” will appear in The Georgetown Law Journal in 2012. Lee Paddock’s “Demand Side Management, Technology, and Infrastructure Development in the United States” will be incorporated as a chapter in a book to be published by Oxford University Press in 2011. He is a co-editor (with Kotze, Markell, Markowitz, Qun, and Zaelke) of Compliance and Enforcement: Implementing Environmental Law (Edward Elgar Press, 2011). Dean Paddock also published “Collaborative Problem Solving in Minnesota” in 25 Natural Resources & Environment No. 2 (Fall 2010). With David Grinlinton, he published “The Role of Feed-In Tariffs in Supporting the Expansion of Solar Energy Production” in 41 University of Toledo Law Review 943 (Summer 2010). H. Jefferson Powell’s review of Thomas H. Cox’s Gibbons v. Ogden: Law and Society in the Early Republic appeared in 97 The Journal of American History 499 (2010). He also has several publications forthcoming by the end of August: “The Humanity of Law” in 55 Villanova Law Review; “The Conflicted Assumptions of Modern Constitutional Law” in 5 Journal of Law, Philosophy and Culture; “The Regrettable Clause: United States v. Comstock and the Powers of Congress” in 48 San Diego Law Review; and “Reasoning about the Irrational: The Roberts Court and the Future of Constitutional Law” in 86 Washington Law Review. Peter Raven-Hansen is the author of a new casebook (with Joseph Glannon and Andrew Perlman), Civil Procedure: A Coursebook, which Aspen published in April. A rules supplement and Teacher’s Manual accompany the casebook. James Ridgway published “The Splendid Isolation Revisited: Lessons from the

History of Veterans Benefits Before Judicial Review” in 3 Veterans Law Review 135 (2011). His “Patternicity and Persuasion: Evolutionary Biology as a Bridge Between Economic and Narrative Analysis in the Law” appears in 35 Southern Illinois University Law Journal (2011). Steve Schooner’s “A Random Walk: The Federal Circuit’s 2010 Government Contracts Decisions” was published in the American University Law Review. He also co-wrote two shorter articles, “Contractors and the Ultimate Sacrifice” in The Service Contractor and “Suing the Government as a ‘Joint Employer’: Evolving Pathologies of the Blended Workforce,” which appeared in The Government Contractor. Jacob Adam Schroeder published “Written Description: Protecting the Quid Pro Quo Since 1793” in 21 Fordham Intellectual Property, Media & Entertainment Law Journal 63 (2011). Michael Selmi published “The Supreme Court’s Surprising and Strategic Response to the Civil Rights Act of 1991” in a symposium issue of the Wake Forest Law Review. In January, he published “Understanding Discrimination in a ‘Post-Racial’ World” in a symposium issue of the Cardozo Law Review. The Environment and Human Rights by Dinah Shelton (with Don Anton) was published by Cambridge University Press. With Stephen McCaffrey and John Cerone, she published International Law: Cases, Problems, and Materials (LexisNexis, 2011). Jonathan R. Siegel’s “Finding SIGTARP in the Separation of Powers Labyrinth” appeared in the Washington and Lee Law Review, and his “Naive Textualism in Patent Law” is forthcoming in the Brooklyn Law Review. Peter J. Smith’s “Federalism, Lochner, and the Individual Mandate” is forthcoming in the Boston University Law Review, and his article “Biblical Literalism and Constitutional Originalism” (with Bob Tuttle) is forthcoming in the Notre Dame Law Review. He published “How Different

Are Originalism and Non-Originalism?” in the Hastings Law Journal. “The PII Problem: Privacy, Marketing, and the Need for a New Concept of Personally Identifiable Information” by Daniel J. Solove, co-written with Paul M. Schwartz, is forthcoming in 86 New York University Law Review in December. He published two new books, Nothing to Hide: The False Tradeoff between Privacy and Security (Yale University Press, 2011) and, with Paul M. Schwartz, Privacy Law Fundamentals (International Association of Privacy Professionals, 2011). Professor Solove’s chapter “Speech, Privacy, and Reputation on the Internet” appeared in The Offensive Internet: Speech, Privacy and Reputation (Saul Levmore and Martha Nussbaum, eds., Harvard University Press, 2010). His “Fourth Amendment Pragmatism” appeared in 51 Boston College Law Review 1511 (2010), and his article “Prosser’s Privacy Law: A Mixed Legacy,” co-written with Neil M. Richards, appeared in 98 California Law Review 1887 (2010). Professor Solove’s “Dizzied by Data” appeared in The Chronicle of Higher Education in August, and his “The Meaning and Value of Privacy” appeared in Dutch in OPEN Magazine in the Netherlands in 2010. In the fall, LexisNexis will publish the second edition of Ralph Steinhardt’s casebook International Civil Litigation. He is currently writing a monograph tentatively titled “International Law and the Administrative State.” Shana Tabak’s “False Dichotomies of Transitional Justice” will be published in the fall issue of the NYU Journal of International Law and Politics. Jessica Tillipman is the co-author of two articles published in February: “Venture Capital Investment and Small Business Affiliation Rules” in Contract Management and “Government Lawyering” in Briefing Papers No. 11-3 (Thomson West). Amanda L. Tyler’s “The Forgotten Core Meaning of the Suspension Clause” is forthcoming in Volume 125 of the Harvard Law Review.

Art Wilmarth’s “The Dodd-Frank Act’s Expansion of State Authority to Protect Consumers of Financial Services” will be published in the Journal of Corporation Law.  H

ACTIVITIES John F. Banzhaf III spoke at ISFIT/2011 and the University of Tromso in Norway on the economic costs of smoking and the global epidemics of smoking and obesity. He was the keynote speaker at the fifth Annual Judicial Symposium on Civil Justice Issues. He is also invited to offer the keynote address at the Symposium for Young Scholars at the European Centre for Law, Science, and New Technologies at the University of Pavia in Italy, and to address the American Heart Association’s Scientific Sessions 2011 International Congress on Prevention. As the executive director of Action on Smoking and Health, Professor Banzhaf is working to implement the world’s first anti-smoking treaty, the World Health Organization’s Framework Convention on Tobacco Control. He prepared a number of special reports on why there is no legal right to smoke, the newly documented dangers of heart attack deaths from inhaling secondhand tobacco smoke for as little as 30 minutes, why smoking should be banned in vehicles when children are present, and why smoking should be banned in casinos. Professor Banzhaf also prepared a report providing a legal basis for an announcement by the head of the Royal College of General Practitioners that exposing children to secondhand tobacco smoke could constitute “child abuse” under both American and British law. He prepared a detailed report on the health hazards of permitting the use of e-cigarettes on submarines and in other enclosed places. Professor Banzhaf wrote a letter to the Joint Commission putting the organization on notice about the acute health risks of e-cigarettes. Following his testimony, the New York State Assembly voted to ban e-cigarettes. In part due to his work, the FDA announced it will issue regulations under the Family Smoking Prevention and Tobacco Control Act of 2009 regulating

e-cigarettes as tobacco products. Professor Banzhaf continues to appear on TV, radio, and in newspapers and publications internationally. He speaks on smoking, obesity, and diverse issues including laws relating to airport screening, federal budgetary problems, denial of tenure, Medicaid, sex discrimination, torts, and the value of a law school education. In March, Francesca Bignami was an invited participant at the Roundtable Discussion on EU Data Protection Issues held at the U.S. Department of State. Also in March, Professor Bignami was the chair/discussant at The ECJ and National Courts: Networking and Dialogue, Biennial Meeting of the European Union Studies Association, held in Boston, MA, where she also presented “Comparative Law and the Rise of the European Court of Justice.” In December, she presented “Tough Regulators: The Rise of a Transatlantic Regulatory Style” at a Colloquium on Regulatory Cosmopolitanism sponsored by the Royal Netherlands Academy of Arts and Sciences held in Amsterdam, The Netherlands. In October, Professor Bignami was an invited participant at Fordham Law School’s Law and Information Society Faculty Workshop. Neil H. Buchanan testified before the Ways and Means Committee of the U.S. House of Representatives at a hearing on How the Tax Code’s Burdens on Individuals and Families Demonstrate the Need for Comprehensive Tax Reform on April 13. He also presented scholarly works-in-progress at Tulane Tax Roundtable in March and at the Critical Tax Conference in April. He also will present a work-in-progress at the Law & Society Association’s annual meeting in June. During this academic year, Paul Butler’s debate series “Should Good People Be Prosecutors?” was presented at Yale Law School; the American Bar Association’s Criminal Justice section conference in Miami, FL; The University of Alabama Law School; and Hofstra Law School. He gave the keynote address at the American University Washington College of Law’s Hip-Hop and the Law conference.

Professor Butler gave the keynote address at Middlebury College’s Spring symposium. He gave talks about hip-hop and criminal law at the University of the District of Columbia David A. Clarke School of Law School, Michigan State University, Georgetown University, and the Mid-Atlantic BLSA regional conference in Baltimore. He spoke on a panel about race, class, and criminal law at the University of California, Irvine Law School, and on a panel about race and District of Columbia juries at the Washington Bar Association’s judicial conference. Professor Butler spoke on panels about racial profiling sponsored by WNYC in New York, and by Atlantic Philanthropies in New York. He presented his draft paper on the expressive meaning of stop-and-frisks at faculty symposiums at DePaul Law School and Hofstra Law School. Naomi Cahn, and her Red Families v. Blue Families co-author June Carbone, presented a talk on Marriage Inequality as part of a workshop on Marriage at a Crossroads at Columbia Law School in February. They will contribute a chapter to a book to be published by Cambridge University Press based on the workshop. They also presented a talk on their book in February at the University of Richmond School of Law as part of the school’s inaugural Family Law Speaker Series. The talk was co-sponsored by the University of Richmond School of Law’s National Center for Family Law, Family Law Society, and Law Students for Reproductive Justice. In March, W. Burlette Carter moderated a panel on Issues Concerning Student Athletes in Intercollegiate Athletics at the Conference on Sports and the Law at Georgetown University Law Center. Other panelists included an associate commissioner of the Big Ten Conference; a former Georgetown basketball coach; and the general counsel of Octagon, a sports marketing firm. Bradford Clark presented “The Alien Tort Statute and the Law of Nations” at the Annual Workshop of the Society of International Law’s International Law

in Domestic Courts Interest Group at the University of Virginia Law School in December. Jessica L. Clark, with Christy Hallam DeSanctis, will present “Adding Collaborative and Formative Feedback Opportunities to Your Classes: How Grading by Design and Working Together Save the Day” at the Engaging and Assessing Our Students: Summer Conference of the Institute for Law Teaching and Learning hosted by New York Law School in June. In May, she presented “‘Can You give Us a Sample Memo?’: How to Effectively Respond to Students’ Requests for Sample Memos” at the Second Annual Empire State Legal Writing Conference at St. John’s University School of Law. With N. Harris, she also presented “Development and Execution of a First-Year Research Curriculum” at GW Law’s Capital Area Legal Writing Conference in February. In 2010, Robert J. Cottrol took part in a number of activities: He was chair and commentator at the session Slavery, History and the Future: Where Do We Go From Here? at a meeting of the Historical Society; he presented “Race Based Slavery and Race Based Citizenship: How Brazil and the United States Became Different,” also at the Historical Society; and he presented a discussion of a book in progress, The Long Lingering Shadow, at the annual meeting of the Latin American Studies Association. In April, Charlie Craver gave the Case Western University Law School CISCDR Distinguished Scholar in Residence Lecture on “What Makes a Great Legal Negotiator.” In March, he also presented “Effective Negotiating” at an ABA Employment Section Conference in San Juan, Puerto Rico. Lawrence A. Cunningham presented “A New Legal Theory to Test Executive Compensation: Contractual Unconscionability,” forthcoming in the Iowa Law Review, to workshops at Pace University and Vanderbilt University. He also presented “Rhetoric versus Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks

Contracts,” forthcoming in the Duke Law Journal, to conferences hosted by the Federalist Society at the annual meeting of the Association of American Law Schools in San Francisco and to the Institute for Law and Economic Policy in Palm Beach, FL. He also presented “Finance Theory’s Influence on Law-and-Accounting” to a conference at the University of Miami.

at Georgetown University Law Center in December. Also during the fall semester, he led a candidate workshop session at the American Association of Law Schools Faculty Recruitment Conference. Professor Fairfax joined the American Law Institute’s Members Consultative Groups on the Model Penal Code and Principles of Government Ethics.

The latest issue of The Second Draft: The Bulletin of the Legal Writing Institute, for which Christy Hallam DeSanctis serves as an editorial board member, will be released this summer. The issue addresses the gap between law school and practice and is one with which she has been principally engaged. In June, Professor DeSanctis is invited to lead the session at the AALS Workshop for New Law School Teachers aimed at beginning legal writing teachers who will be working in director-led LRW programs. In May, she presented with Jessica L. Clark their co-written article, “Toward a Unified Grading Vocabulary,” at the Institute for Law Teaching and Learning Conference in New York. Professor DeSanctis presented “The Untold Story: Narrative Theory and Analogical Reasoning” at the Southeastern Regional Legal Writing Conference at Mercer Law School in April; she was invited to present the same paper at the Applied Legal Storytelling Conference in Denver in July.

In April, Rob Glicksman presented “Science, Politics, and Ethics in Regulation” at a conference at the American University Washington College of Law. He presented papers on climate change adaptation at a research roundtable at the Northwestern University Law School’s Searle Center in April and at a works-in-progress session to faculty at the Widener University School of Law in March. Also in March, Professor Glicksman testified before a subcommittee of the House Judiciary Committee on a Mercatus Center proposal for regulatory reform. He presented guest lectures in March on “Executive Power: Taking Care of the Unitary Executive” to a constitutional law class at Widener University School of Law, and on “Climate Change Adaptation, Adaptive Management, and International Law” to a class on international law, agricultural development, and environmental protection at the University of Kansas School of Law. Professor Glicksman presented “Environmental Impact Analysis in the Complex Technology Context” at GW Law’s annual J.B. and Maurice C. Shapiro Environmental Law Conference in March. In February, he presented a paper on solar energy development on federal lands at symposia organized by the Florida State University School of Law and at the University of San Diego School of Law in April. In January, he presented “EPA and the Courts in the Early 21st Century: Judicial Treatment of Justiciability Issues” at The EPA at 40: Assessing Its Past and Future held at Duke University Law School. Professor Glicksman was a co-organizer of a workshop and a panel moderator of a discussion at Toward a Well-Adapted Future in Puget Sound: A Symposium on Climate Change Adaptation and the Law at the Seattle University School of Law in January. Professor Glicksman also presented “Reducing Pollution of the Chesapeake:

Lisa Fairfax organized and moderated C-LEAF’s Inaugural Junior Faculty Business and Financial Law Workshop and the Junior Faculty Scholarship Prize. Professor Fairfax was a panelist at American University’s symposium on Law, Finance, and Accountability, where she discussed financial regulation and legitimacy. She also served as a panelist at the George Washington University School of Business’s conference on the Vision of the Firm, where she spoke about prospects for reform in the corporate governance arena. In addition, Professor Fairfax served as a moderator for the SEC Historical Society’s program on “pay for play” rules in the municipal securities industry. Roger Fairfax presented a paper on prosecutorial discretion at the Criminal Law Research Collective meeting held

EPA’s Watershed Implementation Plan Process” at a GW Environmental Law Association panel discussion on local water quality issues. He convened a workshop for academics on climate change adaptation at GW in November. Professor Glicksman also moderated panels on Legal Issues and the Gulf Oil Spill at the 40th anniversary celebration of the GW Law Environmental Program in November. In May, Phyllis Goldfarb presented “Using Narratives of Race and Criminal Justice” at the Southern Clinical Conference at the University of Alabama School of Law. In December, she presented two papers at the Society of American Law Teachers conference held at the University of Hawaii: a co-written paper on clinical program design and a paper on lessons to be drawn from the exoneration of a capital defendant. In May, Susan Jones spoke at a conference on Research and Pedagogical Trends in Entrepreneurial Outreach at the University of Windsor Faculty of Law. She spoke at the National Volunteer Lawyers for the Arts Conference in Miami in April, where she presented “The Arts’ Impact on Community Economic Development.” In March, Professor Jones presented “Innovative Approaches to Public Service through Institutionalized Action Research: Reflections from Law and Social Work” at the annual Ben J. Altheimer Symposium at the University of Arkansas School of Law. The conference theme was Reframing Public Service Law: Innovative Approaches to Integrating Public Service into the Legal Profession. Orin Kerr argued before the Supreme Court in March in the case of Davis v. United States. The issue concerned whether there is a good-faith exception to the exclusionary rule when a search is authorized by precedent at the time of the search but that precedent is later overruled. Professor Kerr was mooted by faculty members before an audience of students to prepare for the case. Laird Kirkpatrick participated as a member of the evidence drafting committee of

the National Conference of Bar Examiners at their May meeting in Carmel, CA, where the committee prepared questions for the multi-state bar exam. Last winter and this spring, Kelly Knepper-Stephens argued three cases before the Maryland Court of Appeals. The cases presented issues concerning the interpretation of Missouri v. Seibert, 542 U.S. 600 (2004) (J. Kennedy, concurring) involving the prohibited two-part interrogation technique where officers deliberately withhold Miranda warnings; the constitutionality of a jury instruction explaining that the state is not required to present forensic evidence; and the procedure required when a defendant writes a letter to the judge indicating a desire to discharge appointed counsel, but says nothing out loud in court. These cases were handled by the Federal Criminal Appellate students in the lower appellate court. In July, West will sponsor a roundtable on Cynthia Lee’s Criminal Law casebook (co-written with Angela Harris) in San Diego. She will present a paper at the annual Law and Society meeting in June. Professor Lee was invited to speak at the National Judicial College’s Annual Fourth Amendment Symposium in March. Also in March, she was invited to speak on a panel at UC Irvine’s Conference on Race, Law, and Socio-Economic Class. In April, Renée Lettow Lerner spoke to judges on the Mexican Federal Electoral Court on the topic “Oral Trials in the Adversary System” during a seminar at the Washington Center. Chip Lupu and Bob Tuttle presented several chapters of their forthcoming book Secular Government, Religious People in faculty workshops at the University of Virginia’s School of Law and Religious Studies Department. They also presented their forthcoming article “The Forms and Limits of Religious Accommodation” at a Cardozo Law School symposium. Gregory E. Maggs was chair of the executive committee of the American Association of Law Schools’ Section on

Commercial and Related Consumer Law in the 2010–2011 academic year. He also spoke at and moderated a roundtable discussion on new federal credit card regulations at the AALS Annual Meeting in San Francisco in January. Michael Matheson spoke on “The International Criminal Court and Libya” and on “The Legacy of the International Criminal Tribunal for Yugoslavia” at GW Law. He also participated in meetings of the U.S. Department of State Advisory Committee on Public International Law and the Board of Editors of the American Journal of International Law. Joan Meier is pleased to announce that DV LEAP received a $450,000 two-year grant to fund trainings of judges, lawyers, evaluators, advocates, and pro se litigants on the misuses of science in custody and abuse litigation and making the record for appeal. This development is in partnership with the Leadership Council on Child Abuse and Interpersonal Abuse. DV LEAP also has launched the national consortium Take a Leap for Kids to bring together the leading organizations working on the failure of family courts to keep kids safe and to develop a multi-year, multi-level plan for reforms. The consortium’s first meeting was May 6. By late 2011, the consortium hopes to have a business plan in place and to begin sharing it with major funders. In March, at the request of DOJ’s Office of Violence Against Women (OVW), Professor Meier, DV LEAP, and Rita Smith of the National Coalition against Domestic Violence organized a full-day federal roundtable on Protective Parent Litigation. Four DV LEAP clients, three other mothers, and one teenager spoke about their ordeals within family court cases in which the courts refused to allow the mothers to keep their children safe from an abusive father. In the afternoon, approximately 10 experts in protective parent advocacy including lawyers, advocates, psychologists, and organizers spoke about the system failures that lead to these outcomes. Numerous federal agencies were represented in the audience, and the OVW is dedicated to working to make change on this issue. In November, Professor Meier debated the leading criminal lawyer in Supreme Court confrontation rights

litigation, regarding confrontation rights in domestic violence litigation, at the National Association of Women Lawyers’ Judicial Education conference in San Francisco. Also last fall, she spoke to Ohio judges at their annual training conference on parental alienation in custody and abuse litigation and additionally presented as part of a panel on vicarious trauma in child sexual abuse cases for the DC Superior Court Annual Family Court Conference. Thomas D. Morgan will lecture about the topics in his book The Vanishing American Lawyer (Oxford University Press, 2010) to the Alabama Bar Association in July and the Florida Bar Association in August. Also in August, he will again take part in the ABA House of Delegates at its meeting in Toronto. Professor Morgan also lectured about U.S. antitrust law to Indian law students via Skype in March and to a delegation of Chinese judges at the law school in May. In February, he gave the keynote talk at the Georgetown University Law Center faculty retreat. Professor Morgan gave the keynote speech to the National Conference of Bar Presidents during the ABA Midyear Meeting in Atlanta in February. He also served as delegate from the Association of American Law Schools to the ABA House of Delegates. In July, Sean Murphy will teach a short course on international law at the University of Paris. In May, he presented a paper at a conference in Geneva on the topic of “treaties over time” and lectured at the U.S. Foreign Service Institute to lawyers from various executive branch departments on the sources of international law. In April, Professor Murphy spoke at the spring meeting of the ABA’s Section on International Law on a panel addressing uses of force against countries pursuing nascent nuclear weapons programs. In ������������������� March, he������� represented Macedonia at a two-week hearing before the International Court of Justice in The Hague, in a case against Greece concerning Macedonia’s efforts to join NATO. Dawn Nunziato presented her article “How (Not) to Censor: Procedural First Amendment Values and Internet Censorship Worldwide” at Georgetown University Law

Center’s Issues in International Cyberlaw Symposium in March.

In February, James Ridgway presented “Patternicity and Persuasion: What the Evolution of Information Processing by the Brain Suggests about the Nature of Successful Legal Arguments” at the Twelfth Scholarship Conference for the Society for Evolutionary Analysis in Law at the LoyolaLos Angeles School of Law.

Retrenchment?” at the Army Material Command Continuing Legal Education Program in Huntsville, AL. In February, he discussed “A Random Walk: The Federal Circuit’s 2010 Government Contracts Decisions” at the American University Law Review’s First Look at the 2010 Decisions of the U.S. Court of Appeals for the Federal Circuit event in Washington, DC. In December, Professor Schooner discussed “Trade Policy Challenges in Government Procurement and Competition Policy” at the Asian Development Bank Institute in Tokyo, Japan. He also moderated the plenary panel on The Federal Budget and the Economy at the National Contract Management Association’s Annual Government Contract Management Conference in Arlington, VA. In November, he made a number of presentations at the WTO-FLACSO Advanced Regional Workshop on Government Procurement for Latin American Countries in Buenos Aires, Argentina. Professor Schooner also moderated a panel on “Emerging Issues in U.S. and European Procurement” at the U.S.European Procurement Leadership Round Table in Düsseldorf, Germany. In October, he participated in the panel discussing “The Greening of American Procurement—A Transnational Perspective” at the White House Council on Environmental Quality’s GreenGov Symposium in Washington, DC. In September, he addressed Oversight in Federal Contracting in his testimony before the Congressional Oversight Panel for the Troubled Asset Relief Program. In August, Professor Schooner gave a luncheon presentation on “Reform, Rhetoric, and Reasonableness: Assessing DoD’s Efficiency Initiative,” at the Space Contracting Executive Conference in Los Angeles, CA. In July, he was a panelist discussing “Comparative and International Government Procurement Law: Stepping Stones to Reform” at The XVIII International Congress of Comparative Law in Washington, DC. He also moderated the plenary panel “The Role of Contractors in Accomplishing the Work of Government” at the NCMA World Congress in Fort Lauderdale, FL.

In April, Steve Schooner discussed “Defense Acquisition: Reform or

In March, Michael Selmi participated in a conference on the future of systemic

In December, Spencer Overton spoke on participatory approaches to campaign finance at the opening plenary for the 2010 Annual Council on Governmental Ethics Laws Conference. He also was the principal speaker for a session regarding opportunities for election law reform at a conference sponsored by Fair Vote, The Center for Voting and Democracy. In January, Professor Overton appeared on a campaign finance panel at the U.S. Capitol. In March, he participated on a campaign finance panel sponsored by the GW Election Law Society along with Craig Engle, Neil Reiff (J.D.’92), and Leslie Rutledge. In May, Lee Paddock presented “Demand Side Management, Technology, and Infrastructure Development in the United States” in Groningen, the Netherlands, at a meeting of the Academic Advisory Group for the International Bar Association’s Section on Energy, Environment, Natural Resources, and Infrastructure Law. H. Jefferson Powell and Walter Dellinger serve as counsel for Sen. Harry Reid, Rep. Nancy Pelosi, and other Democratic congressional leaders as amici curiae in the various legal actions involving the constitutionality of the Patient Protection and Affordable Care Act of 2010 (their clients are supporting the federal government, which is defending the act’s validity). To date, they have filed briefs in Liberty University v. Geithner, which is being argued with Virginia v. Sebelius (Fourth Circuit); Thomas More Law Center v. Obama (Sixth Circuit); and Florida v. U.S. Department of Health and Human Services (11th Circuit).

discrimination at the University of San Francisco as part of a working group that is preparing publications for the summer. He also moderated a panel on the WalMart Sex Discrimination claim pending before the Supreme Court that was hosted by the American Constitution Society. In February, Professor Selmi presented a talk on Social Media and the Workplace at a symposium held at Temple Law School. Jonathan R. Siegel is on leave while he serves as the director of research and policy of the Administrative Conference of the United States. In June, Daniel J. Solove is serving as co-organizer of the Fourth Annual Privacy Law Scholars Conference at University of California, Berkeley, School of Law. In April, he served as a panelist for Civil Discourse: Gossip, Bullying, and the Digital Age at Emory University. In March, Professor Solove presented “The Future of Reputation: Gossip, Rumor, and Privacy on the Internet” at EDUCAUSE Live! online. In February, he presented both “The Future of Reputation: Gossip, Rumor, and Privacy on the Internet” and “What Every School Official Must Know about Privacy” at Cornell University; later that month, he also presented the latter at the National Association of Independent Schools Annual Conference in Washington, DC. In January, he co-organized the second annual Privacy Law Salon in Miami, FL. In November, via videoconference, he delivered “Privacy, Reputation, and the Internet” as the keynote address at the International Seminar on Digital Culture at the Columbian Ministry of ICT in Bogota, Columbia. In September, Professor Solove moderated the event Privacy Papers for Policy Makers at the Law School. During the spring semester, Ralph Steinhardt gave talks on litigating corporate social responsibility at Harvard Law School and the University of Chicago Law School. He also is representing a variety of international law scholars pro bono in amicus filings on the reach of the Alien Tort Statute in the second, seventh, and ninth circuits, and in one cert petition to the U.S. Supreme Court.

Bob Tuttle presented “The Military Chaplaincy and the Repeal of Don’t Ask Don’t Tell” to the annual meeting of the National Conference on Ministry to the Armed Forces. In April, Amanda L. Tyler presented “The Counterfactual That Came to Pass: What If the Founders Had Not Constitutionalized the Privilege of the Writ of Habeas Corpus?” at the Indiana University Maurer School of Law’s Indiana Law Review Symposium: What If? Counterfactuals in Constitutional History. In February, she offered remarks titled “Judging on the World Stage” to Yale Law School’s Conference on Courts: Representing and Contesting Ideologies of the Public Spheres. Professor Tyler presented her article “The Forgotten Core Meaning of the Suspension Clause” to the Notre Dame Law School Separation of Powers Roundtable in March; the Columbia University School of Law Legal Theory Workshop and the New York University School of Law Faculty Workshop in February; Stanford Law School’s Seminar on Foreign Affairs and the Constitution; and Yale Law School’s Yale Law Women Reading Group in November. Art Wilmarth spoke about financial regulatory reform issues at law school conferences at American University Washington College of Law, Brooklyn Law School, The University of Iowa College of Law, and GW Law, as well as at symposia hosted by the Federal Reserve Bank of Cleveland and the National Association of Attorneys General. 

AWARDS & HONORS Paul Butler’s Let’s Get Free: A Hip-Hop Theory of Justice received the Harry Chapin Media Award for best book. Charlie Craver was selected as one of three U.S. Reporters for the XX World Congress of the International Society for Labor and Social Security Law. He will prepare a report on the regulation of strikes for public and private sector workers in the United States. The World Congress will be held in Santiago, Chile, in September 2012.

Lisa Fairfax was appointed as the ABA Corporate Laws Committee’s administrative director to the ABA Pro Bono Committee. Roger Fairfax was appointed by Maryland Governor Martin O’Malley, and confirmed by the Maryland Senate, to a seat on the board of trustees of the Maryland Office of the Public Defender. Professor Fairfax also was honored by the GW Black Law Students Association as its 2011 Professor of the Year. He also was elected by his colleagues to represent the Law School faculty in the University’s Faculty Senate. In May, Susan Jones was honored for her years of service to Washington Area Lawyers for the Arts. In March, the American University Washington College of Law presented Alan Morrison with its 2011 Robert Vaughn FOIA Legend Award in recognition of his singular role in influencing the development of the FOIA through several decades of litigation at its Fourth Annual Freedom of Information Day Celebration. The award was presented by the 2010 winner, former White House Chief of Staff John D. Podesta. Dean Morrison delivered a keynote address at the event. The University of Stockholm in September will award Dinah Shelton an honorary doctorate in September. She also was elected president of the Inter-American Human Rights Commission in March.  H

FACULTY NEWS Scholarship, Honors, and Professional Activities

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Faculty News, Spring 2011  
Faculty News, Spring 2011  

fac news, spring 2011