Faculty News, Summer 2010

panelist discussing the year’s key cases at the Board of Contract Appeals Judges Association annual seminar in Alexandria, Va. In February, Schooner discussed procurement policy at the symposium on the WTO Agreement on Government Procurement in Geneva, Switzerland.

Also in February, he testified regarding “Interagency Contracts” before the U.S. Senate Committee on Homeland Security and Governmental Affairs, ad hoc Subcommittee on Contracting Oversight; he also testified before the U.S. House of Representatives, Committee on Armed Services, Defense Acquisition Reform Panel (alongside Professor Joshua Schwartz and Emeritus Professor Ralph C. Nash) on “Managing the Defense Acquisition System and the Defense Acquisition Workforce.” In November, he made a number of presentations at the Joint WTO-United Nations Economic and Social Commission for Asia and the Pacific Regional Workshop on Government Procurement for Asia-Pacific Economies, in Bangkok, Thailand.

Dinah Shelton gave the second distinguished lecture in environmental law in Port of Spain Trinidad at the invitation of the Trinidad and Tobago Environmental Law Commission. The lecture was organized with the assistance of the European Union and the U.S. Embassy.

Daniel J. Solove joined the advisory board of the Electronic Frontier Foundation and was co-organizer of the Privacy Law Scholars Conference at GW Law in June.

In February, he gave the keynote speech, “Understanding Privacy,” at the British Columbia government’s Privacy and Security Conference 2010 in Victoria, British Columbia. He also gave the presentation “Prosser’s Privacy Law: A Mixed Legacy” at Symposium: Prosser’s Privacy at 50 in Berkeley, Calif., in January.

Peter J. Smith received the Distinguished Faculty Service Award, voted on by graduating students, at this year’s Diploma Ceremony.

On March 6, Jessica Tillipman copresented “Integrating Technology into Externship Pedagogy” at the Externship V Conference in Miami. Her co-presenters were Juliana Russo, a GW Law Friedman Fellow, and two faculty members from Thomas M. Cooley Law School. The presentation discussed various methods in which technology may be incorporated into law school externship programs. One of the focal points of the presentation was the success that the Outside Placement Program had with its Summer 2009 pilot long-distance co-requisite courses and its increasing use of online, interactive reflective learning assignments. H

Awards & Honors

Richard J. Pierce, Jr., was named the most frequently cited scholar in administrative law and government regulation by Brian Leiter, a University of Chicago professor who studies the frequency with which scholars are cited in judicial opinions and scholarly articles.

In March, Dinah L. Shelton was presented with the American Society of International Law’s Prominent Women in International Law Award. The Women in International Law Interest Group presented the award to Professor Shelton at a luncheon ceremony at the Ritz Carlton, part of the annual meeting held each year in Washington, D.C. Professor Shelton serves on the boards of many human rights and environmental organizations and has served as a legal consultant to the United Nations Environment Programme, UNITAR, World Health Organization, European Union, Council of Europe, and Organization of American States. H

Roger Fairfax was elected to the American Law Institute.

In summer 2009, David Freestone was the Ingram Fellow at the University of New South Wales Law School in Sydney and delivered the biannual Ingram Lecture on Climate Change and Development.

In April, Joan Meier was notified that she would receive the Sunshine Peace Award, which was established by the Sunshine Lady Foundation to honor those who work on domestic violence.

Dawn Nunziato’s Virtual Freedom: Net Neutrality and Free Speech in the Internet Age was selected as a finalist for the 2009 Donald McGannon Book Award for Social and Ethical Relevance in Communications Policy Research.

Faculty News Scholarship, Honors, and Professional Activities

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

Questions or comments should be sent to: Laura Ewald lewald@law.gwu.edu Faculty News is online at: www.law.gwu.edu/facnews

T he G eorge W ashington U niversit y L aw

Faculty News

Summer 2010

Scholarship, Honors, and Professional Activities Publications Naomi Cahn and co-author June Carbone published Red Families v. Blue Families: Legal Polarization and the Creation of Culture (Oxford University Press, 2010). The book and its authors have received significant attention and praise from critics and the media, with Professor Cahn making a number of appearances to comment on the work and current events. With Fionnuala Ni Aolain, she published “Hirsch Lecture: Gender, Masculinities, and Transition in Conflicted Societies,” 44 New England Law Review 1 (2009).

Steve Charnovitz published an article in The International Economy (Fall 2009) on “America’s New Climate Unilateralism.”

He published one book review for the World Trade Review and five book reviews for the American Journal of International Law. In January, Jessica L. Clark published Scholarly Writing: Ideas, Examples, and Execution (Carolina Academic Press, 2010) with Kristen Murray of Temple University Beasley School of Law. Charlie Craver’s “Negotiation Ethics for Real World Interactions” was published in the Ohio State Journal on Dispute Resolution. His “What Makes a Great Legal Negotiator” will be published in an upcoming issue of the Loyola Law Review.

He also co-wrote the fourth edition of the Employment Law Hornbook.

Lawrence A. Cunningham published new editions of two of his books, Introductory Accounting, Finance and Auditing for Lawyers (West, 2010) and Corporations and Other Business Organizations (Lexis, 2010). He also published two new articles, “The Three or

Four Approaches to Financial Regulation,” co-written with David Zaring of The University of Pennsylvania, in The George Washington Law Review, and “Traditional versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions,” in Florida Law Review.

David Freestone co-edited Legal Aspects of Carbon Trading: Kyoto, Copenhagen and Beyond, which was published by Oxford University Press in 2009 and launched at the Copenhagen Conference of the Parties to the United Nations Framework Convention on Climate Change. He also edited a special issue of the Carbon and Climate Law Review on climate change and the law of the sea and wrote the editorial on “Climate Change and the Oceans.”

With David Frenkil, Professor Freestone published “Emissions Trading in the U.S.: A New Regime Approaching?” It was published in European Energy Law Report VII. Rob Glicksman published a new casebook, Administrative Law: Agency Action in Legal Context (Foundation Press, 2010, with Richard Levy), and submitted the manuscript for a book to be published by Stanford University Press, Pollution Limits and Polluters’ Efforts to Comply: The Role of Government Monitoring and Enforcement (with Dietrich Earnhart). His article “Science, Politics, Law and the Arc of the Clean Water Act: The Role of Assumptions in the Adoption of a Pollution Control Landmark” appeared in 32 Washington University Journal of Law & Policy 99 (2010). He also published two chapters in a book published by the MIT Press, The Failure of U.S. Climate Change Policy (with C. Schroeder) and “Anatomy of Industry Resistance to Climate Change: A Familiar Litany” in Economic Thought

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and U.S. Climate Change Policy (West, 2010, D. Driesen, ed.). West published two updates to his treatise on Public Natural Resources Law. His article “Agency-Specific Precedents” was accepted for publication in the Texas Law Review. He published Center for Progressive Reform White Paper #1004 (with Y. Huang), “Failing the Bay: Clean Water Act Enforcement in Maryland Falling Short,” available at www.progressivereform.org/articles/ MDE_Report_1004FINALApril.pdf.

A Spanish-language version of Phyllis Goldfarb’s Minnesota Law Review article titled “A Theory-Practice Spiral: The Ethics of Feminism and Clinical Education” (1991) appeared as “Una espiral entre la teoria y la practica: la etica del feminismo y la educacion practica in Academia: Revista Sobre Ensenanza del Derecho de Buenos Aires” (Primavera, 2005).

With coauthor Christopher B. Mueller, Laird Kirkpatrick completed the 2010 supplement for their five-volume treatise, Federal Evidence.

Michael Matheson published “The Bush Administration” in Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser (Cambridge, 2010). He also wrote “Security Concerns of the United States” in The Oceans in a Nuclear Age (Martinus Nijhoff, 2010).

Joan Meier published an article in the Journal of Child Custody titled “A Historical Perspective on Parental Alienation Syndrome and Parental Alienation.” She also published a research review on parental alienation syndrome, which was solicited

by VAWnet, the electronic research forum hosted by the Minnesota School of Social

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

Work and the National Resource Center on Domestic Violence. Finally, Professor Meier wrote a chapter on parental alienation syndrome in Violence Against Women in Families and Relationships.

Dawn Nunziato’s “By Any Means Necessary? The F.C.C.’s Implementation of Net Neutrality” was published in the University of North Carolina First Amendment Cyberspeech Symposium issue.

“Keeping Pace with Nanotechnology: The Need for a Diverse Set of Governance Mechanisms” by Lee Paddock was published in Nanotechnology: Environmental Law, Policy, and Business Considerations (ABA Section of Environment, Energy, and Resources, 2009). He also wrote “The Farm to Fork Initiative: A Shareholder and Management Partnership” in National Research Council, Enhancing the Effectiveness of Sustainability Partnerships (The National Academies Press, 2009).

Richard J. Pierce, Jr., published the fifth edition of his three-volume work, Administrative Law Treatise, a casebook titled Federal Administrative Law, and three articles: “Making Sense of Procedural Injury” in Administrative Law Review, “Saving the Unitary Executive Theory from Those Who Would Distort and Abuse It” in University of Pennsylvania Journal of Constitutional Law, and “What Factors Can an Agency Consider in Making a Decision?” in Michigan State Law Review.

The second edition of Thomas J. Schoenbaum’s book, International Business Transactions: Cases, Problems and Materials with Documentary Supplement (both with Daniel Chow of Ohio State University) was published May 5 by Aspen Law Casebooks.

Steve Schooner’s chapter on “Federal Contracting and Acquisition” appeared in Framing a Public Management Research Agenda: Examining the Obama Administration’s Themes for a High-Performing Government.

His piece co-written with Chris Yukins, “Tempering ‘Buy American’ In The Recovery Act—Steering Clear Of A Trade War,” was reprinted in The New Landscape of Government Contracting. His article

“Why Contractor Fatalities Matter” was reprinted in Arabic by the Emirates Center for Strategic Studies and Research in International Studies Vol. 87 (2009).

Dinah Shelton wrote “Developing Substantive Environmental Rights” in Journal of Human Rights and the Environment 89-121 (2010). Shelton also wrote “Balancing Rights and Responsibilities: Human Rights Jurisprudence on Regulating the Content of Speech,” in Human Rights: Limitations and Proliferation (Scandinavian Studies in Law, 2010) and “Intergenerational Equity,” in Solidarity: A Structural Principle of International Law (Springer, 2010). She wrote “Equitable Utilization of the atmosphere: A rights-based approach to climate change?” in Human Rights and Climate Change (Cambridge University Press, 2010).

Peter J. Smith and Robert Tuttle’s article, “Biblical Literalism and Constitutional Originalism,” will be published in 86 Notre Dame Law Review.

Daniel J. Solove wrote “Rethinking Free Speech and Civil Liability” in the Columbia Law Review (2009) with Neil M. Richards. H

Activities Naomi Cahn presented a paper in April on donor-conceived families as part of a plenary panel at the conference Adoption: Secret Histories, Public Policies held at MIT. It was sponsored by the Alliance for the Study of Adoption and Culture.

She presented a paper, “Returning Home: Women in Post-Conflict Societies,” in March at the 2010 Feminist Legal Theory Conference at the University of Baltimore.

She and June Carbone discussed their book, Red Families v. Blue Families, at the Work, Families and Public Policy Program at Washington University in February and at a program at GW sponsored by the student ACS chapter in March.

Steve Charnovitz in March presented a work in progress to the Notre Dame Law School faculty on “A Post-Montesquieu Analysis of the World Trade Organization.”

Also in March, he spoke on a panel about the International Law Commission at a conference organized by GW Law and the Office of the Legal Adviser to the State Department. In February, Professor Charnovitz participated in a U.S.-Japan seminar on trade and climate change cosponsored by the Law School. In January, he chaired a panel at the Law School on Legal Aspects of Carbon Trading. In November, he presented a paper to a seminar of judges on the U.S. Court of International Trade. In October, Professor Charnovitz participated in a panel held at the annual conference of the American Section of the International Law Association.

Robert J. Cottrol was a commentator in the session “Habeas Corpus in War and Peace in the 18th and 19th Centuries,” at the annual meeting of the American Association of Law Schools in January.

Also in January, he presented a paper, “Developing Effective Legal Tools Against Racial Discrimination: Lessons from the U.S. Experience with Employment Discrimination,” before a workshop of experts on the theme of African-descended people in the Americas. In March, Professor Cottrol presented a paper, “The Long Lingering Shadow: Comparative Perspectives on Race in the Americas,” before the Eastern Sociological Society.

Charlie Craver made a presentation on “Teaching Negotiation Ethics” at the January AALS Conference in New Orleans.

He was the keynote speaker at the “Getting to Yes” negotiation conference conducted

by Loyola University Law School in New Orleans. He also presented on negotiation skills at the 46th Annual Midwest Labor and Employment Law Conference in Columbus, Ohio.

Lawrence A. Cunningham presented his working paper, “Modern Finance Theory’s Influence on Law-and-Accounting,” to a conference in February at Tilberg University in the Netherlands, and his working paper, “A New Legal Theory to Scrutinize Executive Compensation: Contractual Unconscionability,” to conferences in April at the University of Connecticut in Hartford and the

Institute for Law and Economic Policy in Turks and Caicos. At the Law School, on behalf of C-LEAF, he hosted a conference on financial regulation reform in November and introduced the keynote speaker at a conference on proxy regulation in April. At GW’s business school, in March, he gave a guest lecture to the class on applied portfolio management, where the required text is his best-selling book, The Essays of Warren Buffett: Lessons for Corporate America.

Roger Fairfax presented a paper on prosecutorial discretion at the University of Pennsylvania Law School in December and at Vanderbilt University Law School in January. He presented a paper on criminal justice privatization at the University of Chicago Law School’s Criminal Law and the Recession symposium in October. He served as a discussant at the University of Virginia Law School’s Law and Economics of Criminal Law workshop in March.

David Freestone chaired the event at the United Nations in New York to mark the First Celebration of World Oceans Day on June 8, 2009, and was introduced by Patricia O’Brien, legal counsel to the UN. He is on the organizing committee of the Global Ocean Forum, which had its fifth meeting at UNESCO headquarters in Paris in May with 800 participants from 80 countries, including the president of Kiribati.

Freestone was lead author of one of the two background papers prepared for the conference on “Improving Governance: Achieving Integrated Ecosystem Based Ocean and Coastal Management.” He also spoke at the World Ocean Week meeting in Xiamen, China, in December on “Climate Change and Oceans, Coasts and Islands.”

Rob Glicksman made the following presentations: “Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations,” at a conference on The Clean Air Act at a Crossroads: Turning 40, Confronting Climate Change, Lewis & Clark Law School in Portland; “Silo Precedents in Administrative Law,” Works in Progress presentation at the GW Law School; “New and Emerging Constitutional Theories and the Future of Environmental Protection,” at a conference on

Environmental Protection in the Balance: Citizens, Courts, & the Constitution, sponsored by Georgetown Law, Berkeley Law, and the Environmental Law Institute; and “Litigation Issues and Adaptation,” at the Center for Progressive Reform’s meeting on The Next Steps in Climate Change Scholarship in New Orleans. He served as a panel moderator for “Renewable Energy Siting Roundtable” at a conference on Next Generation Energy and the Law at GW Law and as a debate moderator on “Let 50 Flowers Bloom: Why Federalism is Good for the Environment” also at GW Law. He was the principal commenter on a paper delivered by Professor Jim Salzman (Duke Law School) at Georgetown University Law Center on “The Theory and Practice of Historic Baselines in the Administrative State.” He served on a University committee to develop GW’s Climate Action Plan: Curriculum & Research Implementation.

In November 2009, Phyllis Goldfarb presented a paper at the Law & Literature Roundtable at Albany Law School. In January, she was interviewed by the Canadian Broadcasting Corp. about the constitutional implications of the samesex marriage litigation taking place in California. In March, Dean Goldfarb presented a paper titled “Law and Death” at the Annual Meeting of the Conference of Law, Culture, and the Humanities, held at Brown University. In April, she spoke on “Film and Clinical Legal Education” at the Mid-Atlantic Clinical Theory Workshop held at Catholic University Law School.

In May, she conducted a workshop titled “Re-Vision Quest: Re-designing Clinics” at the AALS Conference on Clinical Legal Education in Baltimore.

Laird Kirkpatrick participated in a May meeting in Santa Fe of the National Conference of Bar Examiners evidence drafting committee, of which he is a member.

Michael Matheson chaired a panel in March at the American Society of International Law on “Arms Control and the Obama Administration,” and he spoke in January on “The Role of the State Department Legal Adviser.” He took part in a panel at the Council on Foreign

Relations in January on “U.S. Objectives for the International Criminal Court.” He also took part in a panel at the Law School in February on “The International Criminal Court and Aggression.”

Joan Meier was invited to give a fullday training, “The Reality of Custody Disputes: Effective Representation of the Victim of Sexual and Domestic Violence” for the Kansas City Coalition Against Sexual Assault and Domestic Violence.

She also presented on domestic violence and custody in family court for the D.C. Volunteer Lawyers Project. In October, she gave a presentation called “Pitfalls and Adjudications in Family Court and Child Welfare Agencies” before the D.C. Family Court Conference.

Dawn Nunziato was invited to present at a workshop at the University of Oxford, St. Antony’s College, on “Free Speech: Old Principles, New Circumstances,” in June.

Professor Nunziato gave a presentation on the Citizens United v. F.E.C. Supreme Court decision to the American Constitution Society’s George Washington University Law School chapter in March.

Richard J. Pierce, Jr., gave speeches at the annual meeting of the ABA section of administrative law and regulatory practice on “The Role of Presidential Influence in Arbitrary and Capricious Review” and “Administrative Law Implications of Global Warming.” He also spoke on environmental law and federalism at the Federalist Society.

Thomas J. Schoenbaum offered a course from June 21 to July 2 on International Commercial Law at the Pennsylvania State University Program in The Hague and Brussels. He also will lecture on International Law and International Commercial Law in October at University of Milano Bicocca and the University of Milano degli Studi.

In May, Steve Schooner was the luncheon speaker for the National Defense Industrial Association Manufacturing Division Program on Driving Innovation for Superior Defense Manufacturing in Washington, D.C. In April, he was a