Faculty News, Fall 2009

T H E G E O RG E WA S H I N G T O N U N I V E R S I T Y L AW

FACULTY NEWS

Fall 2009

Scholarship, Honors, and Professional Activities

PUBLICATIONS Michael Abramowicz published “Citation to Legislative History: Empirical Evidence on Positive Political and Contextual Theories of Judicial Decision Making” in The Journal of Legal Studies (coauthored with Emerson Tiller).

In October, Jerome A. Barron and C. Thomas Dienes published the seventh edition of Constitutional Law in a Nutshell (Thomson West) and a cumulative supplement to their casebook, Constitutional Law: Principles and Policy (LexisNexis, 2009).

Paul Butler’s book chapter “Stop and Frisk: Sex, Torture, Control” will be published in Law as Punishment/Law as Regulation (Stanford University Press, 2009, edited by Austin Sarat). A condensed version of his Yale jury nullification article, along with responses by seven legal scholars, appears in Criminal Law Conversations (Oxford University Press).

The New York Times section “Room for Debate” published two of his op-ed pieces relating to the Cambridge Police/Henry Louis Gates, Jr. incident. The Huffington Post published his op-ed piece about jury duty; the Chicago Tribune published his op-ed piece about youth violence; and his op-ed pieces about changes in the civil rights division and the new drug czar were published in syndicated newspapers across the nation.

Christopher Alan Bracey completed work on his second book, The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law (with D. Konig and P. Finkelman). The book will be published this winter by Ohio University Press. His article “The Color of Our Future: The Pitfalls and Possibilities of the Race Card in American Culture” was published this summer in the Stanford Journal of Civil Rights & Civil Liberties.

“Some Realism About Punishment Naturalism” by Donald Braman was accepted by The University of Chicago Law Review. His article “Who Fears the HPV Vaccine, Who Doesn’t, and Why” was accepted for publication by Law & Human Behavior.

Neil H. Buchanan’s “Generational Theft? U.S. Fiscal Policy Does Not Cheat Future Generations” was published in the September-October issue of Challenge: The Magazine of Economic Affairs. The George Washington Law Review’s edition of articles from the October 2008 symposium “What Does Our Legal System Owe Future Generations?” includes his articles “What Do We Owe Future Generations” and “Four out of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations.”

His stints as a regular columnist for FindLaw’s Writ and as a co-blogger on Dorf on Law continue successfully.

“The Enforcement of WTO Judgments”

by Steve Charnovitz was published in the Summer 2009 issue of The Yale Journal of International Law. Bradford R. Clark’s latest article, “The Eleventh Amendment and the Nature of the Union,” was accepted for publication in the Harvard Law Review (forthcoming Vol. 123).

“The Right to Bear Arms” and “Slavery in Latin America” by Robert J. Cottrol appear in The Oxford International Encyclopedia of Legal History (Stanley Katz et. al., eds.).

Charles B. Craver authored the sixth edition of Effective Legal Negotiation and Settlement (LexisNexis) and coauthored the fourth edition of the Employment Law Treatise (Thomson West).

SCHOOL

Vol. 11, No. 1

“The Future of Shareholder Democracy”

by Lisa M. Fairfax was published in 84 Indiana Law Journal 1259 (2009). Her symposium article “The Legal Origins Theory in Crisis” will be published in the BYU Law Review.

Roger Fairfax’s “Governmental Delegation of Criminal Prosecution Authority to Private Actors” is forthcoming in 43 UC Davis Law Review. His symposium article “A Fair Trial, Not a Perfect One: The Early Twentieth Century Development of the Harmless Error Rule” is forthcoming in 93 Marquette Law Review.

Brian Galle published “Hidden Taxes” in 57 Washington University Law Review 59 (2009), a paper that previously was selected for inclusion in the 2008–2009 Stanford/Yale Junior Faculty Forum.

Rob Glicksman published “Ecosystem Resilience to Disruptions Linked to Global Climate Change: An Adaptive Approach to Federal Land Management” in 87 Nebraska Law Review 833 (2009) and “Sustainable Federal Land Management: Protecting Ecological Integrity and Preserving Environmental Principal” in 44 Tulsa Law Journal 147 (2008). He also published the Summer 2009 supplement to the fifth edition of his environmental law casebook, Environmental Protection: Law and Policy (Aspen Publishers); Release No. 5 to his treatise Public Natural Resources Law; and the annual release to Daniel Mandelker’s treatise NEPA Law and Litigation, which includes updates to five chapters. He submitted the manuscripts for “Access to Courts and Preemption of State Remedies in Collective Action Perspective,” forthcoming Case Western Reserve Law Review (co-authored with Richard E. Levy), and “Science, Politics, Law and the Arc of the Clean Water Act: The Role of Assumptions in the Adoption of a Pollution Control Landmark,” forthcoming Washington University Journal of Law and Policy. In September, he contributed

The George Washington University Law School Communications Office email: ocomm@law.gwu.edu www.law.gwu.edu/facnews

two pieces—on national forest management (www.progressiveregulation.org/perspForest. cfm) and technology-based environmental regulation (www.progressiveregulation.org/ perspStatutory.cfm)—to the Center for Progressive Reform’s Policy Perspective series.

“American Ways of Death” by Phyllis Goldfarb was published as the lead book review in 27 Law and History Review 3 (Fall 2009).

In August, Susan R. Jones published Building Healthy Communities: A Guide to Community Economic Development for Advocates, Lawyers and Policymakers (Roger A. Clay, Jr., co-ed., American Bar Association Publishing, 2009). This new guide documents the themes and trends of the affordable housing and community economic development movement, and provides guidance for strengthening communities and ensuring that they prosper and compete in today’s global economy.

Susan Karamanian’s book chapter “Dispute Settlement under NAFTA Chapter 11: A Response to the Critics in the United States” appeared in The Sword and the Scales: The United States and International Courts and Tribunals 395 (Cesare Romano, ed., Cambridge University Press, 2009).

“The Case for Preferring Patent-Validity Litigation Over Second-Window Review and Gold-Plated Patents: When One Size Doesn’t Fit All, How Could Two Do the Trick?” by F. Scott Kieff appeared this summer in 157 University of Pennsylvania Law Review 6. The piece outlines the importance of addressing issues of patent validity through civil litigation rather than through a range of administrative approaches.

Laird Kirkpatrick and coauthor published a third edition of Evidence: Practice Under the Rules (Aspen, 2009), a comprehensive onevolume treatise for judges and lawyers.

Arthur E. Wilmarth, Jr.’s article, “The Dark Side of Universal Banking: Financial Conglomerates and the Origins of the Subprime Financial Crisis,” was published in the May 2009 issue of the Connecticut Law Review.

This summer, Frederick M. Lawrence edited and contributed an essay to “Responding to Hate Crime,” Volume 5 of a treatise titled Hate Crime: Issues and Perspectives (Praeger Press). He also published “Declaring Innocence: Use of the Declaratory Judgments to Vindicate the Wrongly Convicted,” 18 Boston University Public Interest Law Journal 391 (2009).

Cynthia Lee completed the manuscript for Searches and Seizures: The Fourth Amendment, Its Constitutional History and the Contemporary Debate, which will be published in June by Prometheus Books as part of a new series on the Bill of Rights.

Her “Reasonable Provocation and SelfDefense: Recognizing the Distinction Between Act Reasonableness and Emotion Reasonableness” was published as a chapter in Criminal Law Conversations (Paul Robinson, Kim Ferzan & Stephen Garvey, eds., Oxford University Press).

Her “Hate Crimes and the War on Terror” was published as a chapter in a five-volume treatise, Hate Crimes: Perspectives and Approaches (Barbara Perry, ed., Greenwood Publishing Company).

With co-authors John Langbein and Bruce Smith, Renée Lettow Lerner published a new coursebook, History of the Common Law: The Development of Anglo-American Legal Institutions (Aspen Publishers, 2009).

The book marks a new approach for legal texts, with extensive graphic design and numerous full-color illustrations. It is useful not only as a text for students, but also as a reference for lawyers, judges, and academics interested in the development of the legal system and profession.

Ira “Chip” Lupu and Robert Tuttle co-authored “Courts, Clergy, and Congregations: Disputes Between Religious Organizations and their Leaders,” 7 Georgetown Journal of Law and Public Policy 119 (2009) and “Same-Sex Family Equality and Religious Freedom,” Northwestern Journal of Law and Social Policy (forthcoming Spring 2010). They also co-authored a question-and-answer document, published on the Pew Forum on Religion in Public Life’s Web site, on same-sex marriage and religious freedom.

Two books were recently reviewed by Gregory E. Maggs—Blackwater: The Rise of the Most Powerful Mercenary Army (2007) and From Mercenaries to Market:

Rise and Regulation of Private Military Companies (2007)—in the American Journal of International Law. He also published a symposium piece on recent issues in national security law in the William Mitchell Law Review. In addition, he published a supplement to his casebook Terrorism and the Law: Cases and Materials (West, 2005).

Michael Matheson’s “Eritrea-Ethiopia Claims Commission Damage Awards” was published on the American Society of International Law’s Web site.

“Criminalizing Humanitarian Intervention”

by Sean D. Murphy appears in 41 Case Western Reserve Journal of International Law 241 (2009).

Dawn Nunziato’s Virtual Freedom: Net Neutrality and Free Speech in the Internet Age was published by Stanford University Press. Her op-ed “Protecting Free Speech in the Digital Age” was published by The Washington Post’s Book World blog.

In 2009, the second edition of Contemporary Family Law by Catherine J. Ross (with Abrams, Cahn, and Meyer) was published

by West. Her “Children’s Religious Expression in School: A Comparative Treatment of the Veil and Other Religious Symbols in Western Democracies” appears in What is Right for Children?

(Martha Fineman & Karen Worthington, eds., Ashgate, 2009). She also published “Foster Care” and “Parens Patriae” (with Naomi Cahn) in The Child: An Encyclopedic Companion (Richard A. Shweder et al., eds., University of Chicago Press, 2009); “Perennial Outsiders: The Educational Experience of Turkish Youth in Germany,” 24 American University International Law Review 685 (2009, Symposium on Turkey and the European Union); “Legal Constraints on Child-Saving: The Strange Case of the Fundamentalist Latter Day Saints at Yearning for Zion Ranch,” 37 Capital University Law Review 361 (2008, Wells Symposium on Adoption).

Steve Schooner published an op-ed piece in The Washington Post, “Remember Them, Too: Don’t Contractors Count When We Calculate the Costs of War?” “Unions, Education and the Future of Low-Wage Workers” by Michael Selmi was published in the Fall 2009 issue of The University of Chicago Legal Forum.

Dinah L. Shelton published “Environmental Rights and Brazil’s Obligations in the Inter-American Human Rights System,” 40 The George Washington International Law Review 733 (2009). She also published “Alcanzando una sociedad justa: la democracia, los derechos humanos y el Estado de Derecho” in Cohesion social y derechos humanos (Ana Lucia Cordova Cazr & Francisco Lopez-Bermudez, eds., 2009) and “International Cooperation on Shared Natural Resources” in Shared Resources: Issues of Governance (Sharelle Hart, ed., IUCN, 2009).

“The Inexorable Radicalization of Textualism” by Jonathan Siegel was accepted for publication by the University of Pennsylvania Law Review. His “Law and Longitude” was accepted for publication by the Tulane Law Review.

Daniel J. Solove published the paperback edition of Understanding Privacy (Harvard University Press). Aspen published several of his casebooks, coauthored with Paul M. Schwartz: the third edition of Information Privacy Law; the second edition of Privacy, Information, and Technology; Privacy and the Media; and the updated edition of Information Privacy Statutes and Regulations 2010-2011. He also published several journal articles: “Rethinking Free Speech and Civil Liability,” 109 Columbia Law Review (with Neil M. Richards, forthcoming 2009); “Speech, Privacy, and Reputation on the Internet, Privacy and Free Speech on the Internet” (Martha Nussbaum & Saul Levmore, eds., forthcoming 2010); and “Preface” to William J. Cuddihy’s The Fourth Amendment: Origins and Original Meaning: 602-1791 (Oxford University Press, 2008).

With Folsom, Gordon, and Fitzgerald, Andy Spanogle published the 10th edition of International Business Transactions Coursebook (West). In addition, that subject is now large enough to be divided for teaching purposes into three separate books in Contracting across Borders, Foreign Investment, and Trade and Economic Relations (West).

Sonia Suter’s “Giving in to Baby Markets: Regulation Without Prohibition” appears in 16 Michigan Journal of Gender & Law 217 (2009). Her “All in the Family: A Modified Deontological Analysis of DNA Familial Searching” will be published in an upcoming

issue of the Harvard Journal of Law and Technology.

“The Political Economy of Youngstown”

by Edward T. Swaine was accepted for publication in a 2010 edition of the Southern California Law Review.

Robert Tuttle authored a questionand-answer document, published on the Web site of the Pew Forum on Religion and Public Life, about faith healing and prosecutions for child neglect.

“The Story of Klein: The Scope of Congress’s Authority to Shape the Jurisdiction of the Federal Courts,” a book chapter by Amanda L. Tyler, was published in Federal Courts Stories (V. Jackson & J. Resnik, eds., 2009).

★ AWARDS & HONORS Lisa M. Fairfax was appointed to the National Adjudicatory Council of the Financial Industry Regulatory Authority, and was appointed chair of the Comparative Corporation Law Task Force of the ABA Committee on Corporate Laws.

In addition, she was one of 60 individuals named an “Influential Marylander” by The Daily Record.

Roger Fairfax was elected to the ABA Criminal Justice Section’s governing council and to the board of trustees of the Southeastern Association of Law Schools.

He also was appointed co-chair of the new Academic Committee of the ABA Criminal Justice Section.

In the spring, Phyllis Goldfarb was appointed to a six-year term on the board of editors of the Clinical Law Review.

Published at New York University Law School, the publication is the peer-edited academic journal of the national clinical legal education community. This fall, she also was appointed by GW Executive Vice President for Academic Affairs Donald Lehman to serve on the University’s Advisory Council for the Center for Civic Engagement and Public Service.

Stanford University confirmed the appointment of F. Scott Kieff as the Ray and Louise Knowles Senior Fellow

at Stanford’s Hoover Institution on War, Revolution, and Peace. There, he directs the Project on Commercializing Innovation and serves on the John and Jean De Nault Task Force on Property Rights, Freedom, and Prosperity.

In August, Joan Meier received the ABA Commission on Domestic Violence’s Sharon Corbitt Award “honoring exemplary legal service to victims of domestic violence, sexual assault, and stalking.” Also this year, she and the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP) received a $50,000 grant from the Avon Foundation as part of its Speak Out Against Domestic Violence Initiative.

The funds will be used to support DV LEAP’s custody and abuse project, which litigates appeals on behalf of mothers and children who are being abused but who were not believed by the trial court. DV LEAP will also sub-contract with Justice for Children to support their consulting and litigation in this area.

Steve Schooner received the Alan E. Peterson Award for Distinguished Service in Government Contracts at the University of Minnesota’s 48th Annual National Seminar on Government Contracts.

★ ACTIVITIES Martin J. Adelman in May delivered “Antitrust Objections as a Defense to Patent Infringement” at the international conference on Patent Exhaustion in Munich, Germany. The event was sponsored by the European Patent Academy/European Patent Office, the Japan Intellectual Property Association, the Munich Intellectual Property Law Centre, the German Association of Industrial Property Rights and Copyright, and the VPP. He also delivered a keynote speech at the 2009 High Technology Protection Summit, sponsored by the University of Washington School of Law on July 24, at a session titled “Unforeseeable Equivalents in Patent Law: A Celebration of the Work of Martin Adelman.”

In response to e-cigarettes (cigarette-like devices containing a mixture of propylene glycol—used in antifreeze, and a major respiratory tract irritant—and nicotine)— John F. Banzhaf III filed a legal petition

with the FDA asking it to assert jurisdiction over the product. He also participated in an NPR interview that prompted the FDA to declare e-cigs “illegal”; filed four different briefs in a court proceeding challenging the FDA’s jurisdiction over e-cigs; and first warned about the dangers of e-cigs to nonsmokers. These concerns are now being echoed by the FDA. He also discovered and warned the court that some e-cig makers were adding Cialis to the product and used a planned appearance on NBC-TV’s Evening News to pressure the FDA to release a previously secret report showing that e-cigs also contained carcinogens and other toxic substances. He helped a legislator pass precedent-setting legislation banning the use of e-cigs in places where conventional smoking is banned and prohibiting their sale to children. He wrote to all 50 attorneys general asking them to take legal action.

(Oregon has now brought three legal actions, and Connecticut has said it would do so). He persuaded a Qatar newspaper not to retract an article critical of e-cigs; shortly thereafter, e-cig imports were blocked in nearby Dubai using a threatening legal letter warning of potential legal liability. He pressured both PayPal and Amazon.com to drop sales of e-cigs, and publicly debated and was widely quoted regarding the issue.

He also was invited to address a plenary session at the 6th International Symposium on Respiratory Diseases and the 17th Congress of the Asia Pacific Association for Respiratory Care, held in Shanghai, China.

He also participated in debates or was quoted concerning a wide variety of topics including Potty Parity, the arrest of Harvard Professor Henry Gates, Jr., Michael Jackson’s death, antismoking litigation, and a proposed smoking ban for the military.

In the spring, Christopher Alan Bracey participated in the Criminal Justice Roundtable, hosted by the University of Chicago Law School.

In September, Neil H. Buchanan chaired a panel at a conference, “Tax Expenditures and Public Policy in Comparative Perspective,” which was sponsored by the Osgoode Hall School of Law in Toronto.

Paul Butler toured extensively this summer for his new book, Let’s Get Free: A Hip-Hop Theory of Justice. He debated elected prosecutors in Dallas, Atlanta, and Portland, Ore. He also debated Prince George’s County State’s Attorney Glenn

Ivey at an event sponsored by the Center for American Progress in Washington, D.C. The American Constitution Society sponsored Let’s Get Free events in Chicago, Atlanta, Seattle, New York, St. Louis, and Columbus, Ohio. He held readings locally at Busboys & Poets and Politics & Prose, and gave his “Hip-Hop Theory of Justice” presentation at GW in an event cosponsored by the American Constitution Society, Black Law Student Association, the Criminal Law Society, and the National Lawyers Guild. In an event televised on C-SPAN’s Book TV, he was interviewed at the Chicago Literary Festival by University of Chicago law professor Geoffrey Stone.

Let’s Get Free has been mentioned in many media outlets, including NPR, ABC’s Good Morning America, The Chicago Tribune, and the Volokh Conspiracy. In the fall in a Senate briefing televised by C-SPAN, he spoke about the public safety benefits of reducing disparities in drug sentencing laws.

In October, Naomi Cahn and co-author Fionnuala Ni Aolain delivered the Anna Hirsch lecture at the New England School of Law. Steve Charnovitz served on a panel discussing the World Trade Organization at Yale Law School in April. In May, he participated in a panel sponsored by the Center for Global Development to discuss the connection between labor and trade, and served on two panels on trade law and climate change sponsored by the American Enterprise Institute and Resources for the Future. He also gave a book talk to Women in International Trade on his recent co-authored book, Global Warming and the World Trading System. In June, he discussed climate change issues at the monthly breakfast of the National Association of Manufacturers Trade Forum, served on a panel sponsored by the American Farm Bureau Federation, and participated in a panel for Congressional staffers sponsored by the German Marshall Fund. He also participated on a panel regarding environmental issues in the North American Free Trade Agreement sponsored by the U.S. Society for Ecological Economics. In addition, he participated in a meeting of the Advisers to the American Law Institute on Principles of World Trade Law. In July, he served on a panel on the Supreme Court’s Medellin decision before the American Association of Law Libraries and gave a talk to the Trade

subcommittee of the National Association of Manufacturers. In September, he participated in a panel sponsored by the Carnegie Endowment on the Future of the World Trade Organization and gave a book talk at GW’s Elliott School of International Affairs on his trade and climate book.

In October, he participated in the first meeting of the Independent India-U.S. Task Force on Climate Change held at Columbia Law School.

In September, Bradford R. Clark presented “The Eleventh Amendment and the Nature of the Union” at Notre Dame Law School. He also presented the work at the University of Michigan Law School in October.

Robert J. Cottrol presented a paper on race and slavery in 19th century Brazil at the annual meeting of the Latin American Studies Association in June. Also in June, he lectured on recent developments in U.S. Constitutional Law at La Universidad del Salvador in Buenos Aires, Argentina.

In Columbus, Ohio, Charles B. Craver presented on negotiation skills at the 46th Annual Midwest Labor & Employment Law Seminar. His report on “Worker Representation and Social Dialogue at the Work Place Level in the United States” was presented at the Proceedings of the XIX World Congress of the International Society for Labor and Social Security Law in Sydney, Australia.

Lisa M. Fairfax chaired the AALS MidYear Workshop on Transactional Law and spoke on trends in corporate social responsibility scholarship at the AALS MidYear Conference on Business Associations.

She participated in a Corporate and Securities Law Scholarship Roundtable at the Southeastern Association of Law Schools Annual Conference, and she moderated a panel on behalf of the SEC Historical Society. She presented a paper on corporate fiduciary duties at the University of Notre Dame Law School’s conference examining the future of fiduciary duties in corporate law, and she presented a paper exploring increased shareholder activism and its impact on corporate governance at a conference at the Villanova University School of Law. In connection with her membership on the Committee on Corporate Laws of the Business Law Section of the ABA, she served as the

primary drafter of a proposed amendment to the Model Business Corporation Act providing for remote participation in shareholder meetings.

In May, Susan Karamanian spoke on “What Role is There for International Law in the Arab World?” at the Brookings Institution in Doha, Qatar.

In August, Roger Fairfax was invited to speak on innovative, “smart-on-crime” law enforcement strategies at the White House Conference on Gang Violence Prevention and Crime Control, which brought together mayors, police chiefs, and Obama Administration officials, including Attorney General Eric Holder and drug czar Gil Kerlikowske. He presented a paper on grand jury innovation at the Criminal Law Collective Workshop at New York University School of Law in May, and gave a paper on the harmless error rule at a June symposium on Criminal Appeals at Marquette University Law School. He also chaired a panel on criminal law discretion and presented a talk on prosecutorial discretion at the Southeastern Association of Law Schools Annual Meeting in August.

Laird Kirkpatrick attended an October meeting of the Members Consultative Group of the American Law Institute on the proposed new model penal code governing sentencing. He also participated in the fall meeting of the evidence law drafting committee of the National Conference of Bar Examiners.

Brian Galle presented “Foundation or Empire? The Role of Charity in a Federal System” at Harvard Law School in October.

In May, Phyllis Goldfarb presented a paper on the mechanisms of interaction of race and capital punishment at the Annual Meeting of the Law & Society Association, held in Denver, Colo. She presented a paper at the Applied Storytelling Conference at Lewis & Clark Law School in Portland, Ore., in July, on the race issues implicated in a capital exoneration case in Alabama. In August, she organized the second crossclinic orientation program for new clinic students, creating a presentation on “How Are Clinics Different?” In September, she spoke at Cornell Law School on narrative theory and capital litigation for the Habeas Corpus Institute. This summer, she was interviewed by ABC News about a prosecutor’s subpoena of student records and class materials from the Innocence Project’s investigative journalism class at Northwestern University.

Carol Izumi served as a discussion facilitator at the 24th Annual Midwest Clinical Law Teachers Conference at Wayne State University Law School in October in Detroit. The conference was designed around the “One Book, One Community” model, focusing on Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age.

Frederick M. Lawrence delivered the keynote address at the meeting of the Organization for Security and Cooperation in Europe on “Hate Crimes—Effective Implementation of Legislation” in Vienna, Austria.

This summer, Gregory E. Maggs taught comparative contract law at the University of Augsburg and heard cases as a military judge on the Army Court of Criminal Appeals.

Michael Matheson testified before the House Foreign Affairs Committee in September on “Iraq’s Status Under Chapter VII Decisions of the UN Security Council.”

He also attended a meeting of the editorial board of the International Law in Domestic Courts journal in May in Oslo, Norway.

Thomas D. Morgan made a State Department-sponsored trip to Brazil, during which he spoke about developments in U.S. antitrust law to commissioners of the Brazilian FTC, leaders of the Brazilian Bar Association, and students and faculty of the Federal University of Minas Gerais. He also chaired the site evaluation team that visited Boston University School of Law on behalf of the ABA and the AALS. He also delivered the 2009 Lane Foundation Lecture at Creighton Law School on “The Last Days of the American Lawyer.”

In December, Sean D. Murphy will represent the Republic of Kosovo in advisory proceedings before the International Court of Justice concerning the U.N. General Assembly’s question of whether Kosovo’s declaration of independence of February 2008 is in accordance with international law. Thirtyone countries, including the United States, will participate in the two-week hearing.

Dawn Nunziato presented chapters of her book at the Washington College of Law’s Distinguished Faculty Colloquium.

She presented her article “By Any Means Necessary? The FCC’s Implementation of Net Neutrality” at the University of North Carolina Law School’s Cyberspeech!

Symposium. She also gave a presentation on The FCC’s Ancillary Jurisdiction and the Regulation of Broadband Service Providers at Fordham University Law School’s Law and Information Society Symposium on Intermediaries in the Information Society.

Peter Raven-Hansen helped brief and argued Goldberg v. UBS, 2009 WL 3077118 (E.D.N.Y. 2009), an action brought by U.S. nationals injured by a terrorist suicide attack in Israel against UBS for providing material support to the terrorists. The Court denied the defendant’s motion to dismiss, deciding an issue of first impression under the Antiterrorism Act’s unique forum non conveniens provisions and rejecting a range of substantive challenges to plaintiffs’ civil claims for damages under the same Act. Catherine J. Ross is recently back from a yearlong sabbatical, which she spent as a member of the School of Social Science at the Institute for Advanced Study in Princeton, working on a book titled The Troubled First Amendment in Our Public Schools. She is currently a member of the Spencer Seminar on Justice, Democracy and Education at the School of Social Science, Institute for Advanced Study. She was reappointed as chair of the Committee on the Rights of Children, Section of Individual Rights and Responsibilities of the ABA. At the University of Minnesota’s 48th Annual National Seminar on Government Contracts, Steve Schooner delivered the Alan Peterson keynote address, “Trends: A New Administration Prepares for a New Decade.” In July, he appeared before the U.S. House of Representatives, Committee on Armed Services, Defense Acquisition Reform Panel to discuss “Shaping a Workforce for Today’s Acquisition Environment That Can Meet DoD’s Needs.” In May, he participated in the U.S. House of Representatives Bipartisan Smart Contracting Caucus Panel Discussion on the “Federal Acquisition Workforce.”

In July, he moderated the panel on “The Transatlantic Defense Market,” at the Public Procurement Summit in Berlin. In

June, he made a series of presentations at World Trade Organization regional conferences on government procurement in Accra, Ghana and Tunis, Tunisia. In May, he gave the Law Day Luncheon Presentation, “A Legacy of Liberty,” at Hanscom Air Force Base in Massachusetts.

Michael Selmi spoke on the state of lowwage work at the annual Northeast People of Color Conference, held at the University of Buffalo Law School in October.

In Ottawa, Canada in October, Dinah L. Shelton was the featured luncheon speaker at the Canadian Council on International Law. In September, Jonathan Siegel addressed the Judicial Conference of the Occupational Safety and Health Review Commission on “Recent Developments in Administrative Law.” In June, he testified before a committee of the Council of the District of Columbia on the subject of the constitutionality of the D.C. House Voting Rights Act. He participated in a panel on the same topic at American University in May. Daniel J. Solove’s speaking engagements include: “Nothing to Hide: How to Balance Privacy and Security” at New York University Law School in November; “The Future of Reputation: Gossip, Rumor, and Privacy on the Internet” at the VeerStichting Symposium, Leiden, Netherlands in October and at Duke University in April; “Understanding Privacy” at the University of Virginia McIntyre School of Commerce in July, Oxford University’s Oxford Internet Institute in June, and Fordham University in April. He was a co-organizer of the 2nd Annual Privacy Law Scholars Conference, Berkeley Law School in June; a panelist on “Technology & Privacy Roundtable on Fusion Centers” at the University of Maryland School of Law in April; and delivered “Balancing Privacy and Free Speech on the Internet: Gossip, Blogs, and Social Network Sites” at the University of North Carolina in April.

In May, Andy Spanogle presented a paper on “Modern Forms of Company Law” to a Conference in Tunisia. The conference was the first in a series to be offered by The Middle East and North Africa Commercial Law and Strengthening Project sponsored

by the Arab Center for the Rule of Law. The project is currently focused on Lebanon, Tunisia, UAE, and Yemen.

In June, Joan Strand gave a presentation at a conference on multi-jurisdictional parenting coordination sponsored by the American Psychological Association. The conference focused on practice, research, and the interface between psychology and law, and her panel presented a view from the bench and the bar. In October, she participated in a panel at the Robert Wood Johnson Foundation’s Annual Meeting of Community Health Leaders.

Her presentation described the various ways that community organizations could form partnerships with law school clinical programs and local bar associations.

In September, Sonia Suter spoke at The Third Annual Virginia IRB Consortium, Genetics, GWAS, GINA on “Patients’ Rights: Consent and Confidentiality.”

Jessica Tillipman moderated a panel discussion at the Government Procurement Law Colloquium, “Emerging Trends in FCPA Compliance and Enforcement.”

The colloquium addressed recent trends in Foreign Corrupt Practices Act enforcement and recommended best practices for companies establishing antibribery compliance programs. The panel included leading FCPA practitioners and government officials.

Robert Tuttle delivered “Constitutional Law and Church Property Litigation” at the annual meeting of the Evangelical Lutheran Church in America Attorneys Association.

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FACULTY NEWS Scholarship, Honors, and Professional Activities

Faculty News is published by the Office of Communications at The George Washington University Law School.

Submissions, questions, and comments should be sent to: Laura Ewald lewald@law.gwu.edu Faculty News is online at: www.law.gwu.edu/facnews