Faculty Activities

18 19 yale law report winter 2010

faculty activities • 2009 Distinguished Speaker Luncheon of the Young • Francis Lieber Colloquium Series, Columbia Law Lawyers Section, Connecticut Bar Association, School, “Vestiges of the Common Law/Civil Law Hartford, keynote speech Divide” • Festival del Diritto (Festival of Law), Piacenza, Italy, “Is other professional highlights Equality a Matter of Public or Private Law?” • Lifetime Achievement Award, American Society of • XXI International Conference of the “Giordano Dell’ Comparative Law Amore” Observatory, Milan, Italy, on “The Day After the Crisis: Economic, Financial and Social Issues,” delivered Drew S. Days, III introductory speech, and was commentator on the lectures and addresses Jules L. Coleman Bruce Ackerman • Museum of Jewish Heritage, New York, “The Black/ presentation given by Professor Guido Rossi on the • The Pacific Islander Asian and Native American Law publications Jewish Alliance: Shared Vulnerability” desirability of global legal standards Students Association of YLS Third Annual Alumni • Second Annual Rosenkranz Debate and Luncheon, • The Citizenship Agenda, in The Constitution in 2020 • Seminario en Latinoamerica de Theoria Constitucional Banquet, New Haven, “Introduction of Goodwin Lui” Washington, D.C., debated The Honorable Frank 109 (J. Balkin & R. Siegel eds., 2009) y Politica (SELA), Asuncion, Paraguay, “Regulating • Thinking about Law and Justice with the Teen Justice Easterbrook, with Professor John Manning moder- • My Debt to Mirjan Damasˇka, 118 Yale L.J. Pocket Sexuality: On Liberty versus Equality” Court, New Haven, “Justice, Fairness and Impartiality” ating, at the National Lawyers Convention of The Part 171 (2009), available at http://thepocketpart. • Yale National Initiative, New Haven, “Civil Rights for • Admitted Student Dinner, New Haven Federalist Society, Resolved: “The United States org/2009/03/23/ackerman.html African-Americans, Women, and Same-Sex Couples: • New Haven Legal Assistance Breakfast, New Haven, “A Constitution requires federal courts to interpret stat- • Abolish the White House Counsel, Slate, April 22, 2009 Some Parallels, Some Differences” Firm Stand for Justice” utes as honest agents of the enacting Congress” Bruce Ackerman • Section Five and the On-going Canonization of the Civil publications • The Colorado Lawyers Committee 30th Annual Mirjan R. Dama˘kas Rights Revolution, Balkinization, June 22, 2009, avail- • Constitutional Constraints on the Regulation of other professional highlights Luncheon Keynote Speaker, Denver, CO, “Past able at http://balkin.blogspot.com/2009/06/section- Cloning, IX Yale J. Health Pol’y, Law & Ethics 495 • Recipient, with wife Anne T. Calabresi, of the United Transgressions, Present Challenges and the Obama five-and-on-going-canonization.html (2009) Way of Greater New Haven 2009 Alexis de Tocqueville Justice Department” • America Needs to Prepare for Early Iraq Pullout (with O. • Chapter in In Memoriam: Jay Katz 31 (2009) Society’s Herbert H. Pearce Award for contributions to • United States Senate Democratic Policy Committee, Hathaway), Financial Times, August 24, 2009 philanthropy, New Haven Washington, D.C., Confirmation of Justice Sotomayor • A General’s Public Pressure, Wash. Post, October 2, Guido Calabresi • American Bar Association 2009 Annual Meeting, 2009 lectures and addresses Jules L. Coleman Chicago, IL, panelist, “The Roberts Court - Three’s a • Federalist Society, Yale Law School, debate with lectures and addresses Charm?” • Boconni University, “Law and Morality” • Practicing Law Institute Annual Supreme Court Jack M. Balkin Jack M. Balkin The Honorable Richard A. Posner, 7th Circuit Court Drew S. Days III lectures and addresses of Appeals, on “Are Federal Appeals Judges Legal • The University of Michigan Law School, “The Review, New York, panelist • American Constitution Society Convention, Realists?” Normative Structure of Tort Law” • Quinnipiac University School of Law Symposium on Washington, D.C., “The Constitution in 2020” • American Constitution Society and The Federalist • Stetson Law School, Nichols Lecture on Torts and The Life of Constance Baker Motley, Hamden, CT, pan- • Aspen Arts and Ideas Festival, Aspen, “The National Society, University of Chicago Law School, panelist on Responsibility elist Surveillance State” Legal Education with Judges Robert A. Katzmann, 2nd • NYU, University of Nevada, Las Vegas, and • Berkeley College Fellows’ Meeting, New Haven, “Strip • National Press Club and American Constitution Circuit Court of Appeals, and Milan Smith, 9th Circuit Northwestern University: “Torts” Searches, Angry Firefighters, DNA Tests and Elected Society, Washington, D.C., “Constitutional Court of Appeals • University of Antwerp Conference on Jurisprudence Judges” Interpretation in 2020” • Presided over Hinton Moot Court Finals, University of • University of Michigan Law School Conference on • DRI 14th Annual Conference, Chicago, IL, panelist, “The • American Political Science Association, Toronto, Chicago Law School Jurisprudence Supreme Court - Changes and Challenges” Robert A. Burt John J. Donohue III “Constitutional Dictatorship” • AALS Workshop for New Law School Teachers, • University of San Diego Law School Conference on • Yale Federalist Society Luncheon Series, New Haven, • National Archives, Washington, D.C., “The Future of the Washington, D.C., keynote speech Tort Law Oral Advocacy Lecture Constitution” • CNPDS (Centro Nazionale di Prevenzione e Publications • Featured, C-SPAN, United States Supreme Court publications Difesa Sociale) Workshop and Meeting, Cariplo • Theories of Tort Law, in Stanford Encyclopedia of Documentary • The Constitution in 2020 (with R. Siegel) (2009) Headquarters, Milan, Italy, “Ways of Supporting the Philosophy (with G. Mendlow) 2009 • Framework Originalism and the Living Constitution, 103 Economy Without Distorting Competition” • Beyond Inclusive Legal Positivism, in Ratio Juris, 20th John J. Donohue III Nw. U. L. Rev. 549 (2009) • International Meeting of “The Global Standard of Anniversary Issue of the journal devoted to Professor lectures and addresses • What to Do About the Court?, American Prospect, the XXI Century,” in cooperation with Aspen Institute Coleman’s contributions to jurisprudence • NBER Summer Institute Pre-Conference, Economic October 2009 Italia and the Italian Ministry of the Economy and Other Professional Highlights Crime Control, “Rethinking America’s Illegal Drug Guido Calabresi • Supreme Court Justices Have It Too Good, The Finance, Rome, Italy, opening remarks; panelist • Visiting Distinguished Professor of the Philosophy Policy” Guardian Online (UK), May 2009 • Judged Final Moot Court Tournament, University of of the Social Sciences, Herdecke-Witten University, • Whitney Center Lecture Series, Hamden, CT, • Jon Stewart and the Crisis of Journalism, The Guardian Turin Law School, Turin, Italy Germany “Rethinking America’s Illegal Drug Policy” Online (UK), March 2009 • Delivered two “Inaugural” Lectures of the Third Term • Nichols Distinguished Professor, Stetson University • Law and Economics Workshop, University of Chicago • A Body of Inquiries, N.Y. Times, January 2009 of the Master of Science Course in Comparative Law, Law School, “Rethinking America’s Illegal Drug Policy” Economics, and Finance, International University Mirjan R. Damasˇka • 1st Paris and Bonn Workshop on Law and Economics: Robert A. Burt College of Turin lectures and addresses The Empirics of Crime and Deterrence, University of lectures and addresses • Yale Law School Association of Washington, D.C. Area • Toronto Conference of the International Association of Paris Ouest Nanterre, keynote address, “The Evolution of Econometric Evaluation of Crime and Deterrence” • Bioethics and Law Symposium, Connecticut Bar Alumni Dinner, remarks and introduction of Dean Procedural Law, Keynote Address Foundation, “Decision Making at the Very End of Life” Robert Post 20 21 yale law report winter 2010 faculty activities

• NBER Regulation and Litigation Conference, The publications • Revitalizing Global Environmental Governance for • Localism and Democracy Panel, The Constitution in Boulders, Carefree, Arizona, comment on Cook, • The Mediocrity of Government Subsidies to Mixed- Climate Change, Global Governance, vol. 15 (2009) 2020 Conference, Yale Law School, “Federalism All the Ludwig, and Samaha, “Gun Control after Heller: Income Housing Projects, in Property Rights and Land other professional highlights Way Down” Litigating Against Regulation” Policies (G. K. Ingram & Yu-Hung Hong eds., 2009) • Inc’s 30 Best Business Books Every Business Owner • Duke Law School, “The Legacy of David Souter” • Faculty Workshop, Universitat Pompeu Fabra, Should Read, for Green to Gold: How Smart • Midwest Democracy Network, Columbus, Ohio, “Four Barcelona, Spain, “Impact of the Death Penalty on William N. Eskridge, Jr. Companies Use Environmental Strategy to Approaches to Redistricting Reform” Murder in the U.S.” lectures and addresses Innovate, Create Value, and Build Competitive • Election Reform Agenda Conference, University of • Latin American Caribbean Law and Economics • Congressional Testimony Supporting the Employment Advantage Iowa, “Getting from Here to There in Election Reform” Robert C. Ellickson Association Plenary Session, Universitat Pompeu Non-Discrimination Act, Before the House Committee publications Owen M. Fiss Fabra, Barcelona, Spain, “Can You Believe Econometric on Education and Labor, 111th Congress, First Session Owen M. Fiss • Uncooperative Federalism (with J. Bulman-Pozen), 118 Evaluations of Law, Policy, and Medicine?” Congressional Testimony lectures and addresses Yale L.J. 1256 (2009) • Journal of Institutional and Theoretical Economics publications • Universidad de los Andes, “The Two Faces of the State” • Provisional Ballots: The Miner’s Canary for Election Conference, Kloster Eberbach, Germany, “Comment on • Constitutional Horticulture: Deliberation-Respecting • Universidad de los Andes, “Agradecimientos,” (speech Administration in Provisional Ballots: An Imperfect Joanna Shepherd’s ‘The Politics of Judicial Opposition’” Judicial Review (with J. Ferejohn), 87 Tex. L. Rev. 1273 in Spanish) Solution, Report of the Pew Center on the States • Hamilton College, Clinton, NY, “The Great American (2009) • American Constitutional Society, Yale Law School, (2009) Crime Drop of the ’90s: Some Thoughts on Abortion other professional highlights “Obama’s War on Terror” • Getting from Here to There in Election Reform, 34 Okla. Legalization, Guns, Prisons, and the Death Penalty” • Award for Best Law Review Article on Administrative • Symposium in Honor of Michael Trebilcock, University City. Univ. L. Rev. 33 (2009) William N. Eskridge, Jr. • American Law and Economics Association Meetings, Law, Administrative Law Section of the American Bar of Toronto, “Trebilcock’s Heresy” • Shortcuts to Reform, 93 Minn. L. Rev. 1582 (2009) Heather K. Gerken University of San Diego, “The Impact of the ADA on Association, October 24, 2009, for The Continuum publications • Replacing Section 5 of the Voting Rights Act: An Opt-In the Employment and Earnings of the Disabled” of Deference: Supreme Court Treatment of Agency • Obama debe enfrentar el pasado para construir las Approach, White Paper, The Tobin Project, available • Yale Alumni Event, Eastern State Penitentiary, Statutory Interpretations from Chevron to Hamdan bases del futuro, (interview in Spanish), Semana, April at http://www.tobinproject.org/papers/Heather_ Philadelphia, PA, “Crime and Punishment in the United (with L. Baer), 96 Geo L.J. 1083 (2008) 30, 2009, available at http://www.semana.com/ Gerken_paper.pdf States” noticias-estados-unidos/obama-debe-enfrentar- • A False Depiction of Judging, N.Y. Times Online, July 15, • Conference on Applications of Economic Analysis Daniel C. Esty pasado-para-construir-bases-del-futuro/123416.aspx 2009 in Law, Fuqua School of Business, Duke University, lectures and addresses • The Example of America, Yale L.J. Pocket Part, May 1, • Four Lawyers Review Sotomayor’s Performance, Wall “Measuring Culpability in Death Penalty Cases” • Enhancing Global Competitiveness through 2009, available at http://yalelawjournal.org/content/ Street Journal, July 17, 2009 Daniel C. Esty publications Sustainable Environmental Stewardship, University of view/764/1/, also appeared in Huffington Post, May • An Uncertain Fate for the Voting Rights Act, American Robert W. Gordon • Employment Discrimination: Law and Theory (with Connecticut, Storrs, Connecticut, “From Green to Gold” 12, 2009, available at http://www.huffingtonpost. Prospect Online, June 23, 2009 G. Rutherglen), (2nd, Edition, 2009) • Leadership Council Reunion Weekend, Yale School com/owen-fiss/the-example-of-america_b_202659. • Race, Voting Rights, and the Genius of Justice Souter, • The Impact of Legalized Abortion on Teen Childbearing of Forestry and Environmental Studies, New Haven, html, The Daily Star (Lebanon), available at American Prospect Online, May 5, 2009 (with J. Grogger and S. Levitt), 11 Am. L. & Econ. Rev. 24 “Looking at the First 100 Days of the Obama http://www.dailystar.com.lb/article.asp?edition_ • A Common Law Judge, N.Y. Times Online, May 4, 2009 (2009) Presidency Through an Environmental Lens” ID=10&article _ID=103858&categ_id=30, July 7, 2009 other professional highlights • More Guns, Less Crime Fails Again: The Latest Evidence • United Nations Department of Social and Economic • John Doar, in Biographical Dictionary of American • Mayor Bloomberg announced that he would estab- from 1977-2006 (with I. Ayres), 6 Econ. Journal Watch Affairs, New York, “Global Governance for Sustainable Law 168 (R. Newman ed, 2009) lish the nation’s first “Democracy Index” modeled 218 (2009) Development” • La Guerra contra el terrorismo y el Estado de Derecho, on Professor Gerken’s proposal found in her book, other professional highlights • Clean American Industry Forum, The Atlantic, Anuario de derechos humanos, Centro de Derechos The Democracy Index: Why Our Election System is • Milton Friedman Fellow, University of Chicago, Washington, D.C., “Energy Solutions for U.S. Industry” Humanos, Universidad de Chile (in Spanish) (2009) Failing and How to Fix It (2009) October 2009 • Corporate Eco-Forum, San Francisco, California, other professional highlights • Inductee, American Academy of Arts and Sciences, “Building an Eco-Strategy for Uncertain Times” • “La distinción Sócrates,” Universidad de los Andes, Robert W. Gordon Cambridge, MA, October 10, 2009 • 2009 Academy of Management “Green Management Bogotá, Columbia, April 28, 2009 lectures and addressees Matters,” Academy of Management, Chicago, IL, • Co-Director, Linkages Program, June 2008 • Annual Cegla Lecture, University of Tel Aviv, “Lawyers Robert C. Ellickson “Building Sustainable Business Programs” • Co-Director of the Seminario en Latinoamérica de as Producers of the Rule of Law” lectures and addresses • Incoming Class, Yale Law School, New Haven, Teoría Constitucional y Política (SELA), “Law and • Workshops at Stanford Law School; University of • Property Works in Progress Conference, University “Rethinking Environmental Law: Putting Innovation at Sexuality,” Asunción, Paraguay, June 11–14, 2009. Wisconsin-Madison Law School; Arizona State of Colorado, Boulder, Colorado, “Legal Constraints on the Heart of Environmental Protection” • Member of Advisory Selection Committee, Fellowship University College of Law, “Legal Professions and Household Moves: Should Footloose Americans Envy • World Leadership Forum 2009, Foreign Policy Program, Open Society Institute, New York City Liberal Institutions” the Rooted French?” Association, New York, “The New Energy Paradigm” • Chair, Board of Directors, Iran Human Rights • Conference on an Unfinished Project: Law and the • The Workshop on Measuring Law and Institutions, publications Documentation Center, New Haven, CT Possibility of Justice, UCLA School of Law, “Lawyers Pompeu Fabra University, Barcelona, Spain, “Legal • Meshing Climate Change Controls and Trade Policy: and Democracy” Constraints on Household Moves: Should Footloose Getting Down to Business, A Review of Global Warming Heather K. Gerken • Washington and Lee School of Law, “Public Functions Americans Envy the Rooted French?” and the World Trading System (by G. Clyde Hufbauer, lectures and addresses of the Legal Profession” • Yale Law School Faculty Workshop, New Haven, “Legal S. Charnovitz, and J. Kim), World Trade Journal • Ash Institute, Kennedy School of Government, • UW-Madison Willard Hurst Summer Institute for Legal Constraints on Household Moves: Should Footloose (2009) “Harnessing Politics to Fix Politics” Historians, “Directions in Legal History” Americans Envy the Rooted French?” • Reset: Making Sustainability the Centerpiece of Our Recovery, Huffington Post (April 2009) 22 23 yale law report winter 2010 faculty activities

• Program on Law and Public Affairs, Princeton Paul W. Kahn • Suffolk University School of Law, Boston, Jonathan R. Macey University, “Some Past, Present, and Future States of lectures and addresses Massachusetts, “Regulating from Nowhere: lectures and addresses the American Legal Profession” • Conference on Re-Describing the Sacred/Secular Environmental Law and the Search for Objectivity” • Bipartisan Policy Center, Washington, D.C., “Credit • Colloquium on Ethics and Government Lawyering, Divide: The Legal Story II, Baldy Center, University of publications Rating Agency Reform” University of Connecticut Law School, “Professional Buffalo Law School, “Why Political Theology Again” • Risk Regulation, Background Paper for University • Securities Industry and Financial Markets Association Norms and the OLC Lawyers” • CUNY Graduate Center, “Conversation in the of Washington Nanoethics Graduate Education (SIFMA), New York, “Executive Compensation: Evolving publications Humanities: Does the State Rely on Sacred Violence?” Symposium Theories and Evidence” • The Lawyer Citizen: A Myth with Some Basis in Reality, • Workshop on Liberalism after Neoliberalism, Open • Constitutional Dimensions of Environmental Law (with publications Henry Hansmann 50 Wm. & Mary L. Rev. 1169 (2009) Century Project, Central European University, M. Maduro), in Global Constitutionalism Seminar • The Law of Banking and Financial Institutions John H. Langbein Budapest, “Back to Basics or Basic Contradictions” Materials (Robert Post ed., 2009) (with R. Cornell & G. Miller) (4th ed., 2009) Henry Hansmann • Seminar leader, NEH Summer Institute for College and • Macey on Corporation Laws (1998 and updated lectures and addresses University Teachers, University of New England, “The John H. Langbein annually) • Meeting of American Law and Economics Association, Rule of Law: Legal Studies and the Liberal Arts” appearances, lectures, and addresses • Helping Law Catch Up to Markets: Applying Broker- San Diego; Seminar on Law and Finance, University • University of Osnabrüeck, Germany, keynote address • Participant, Conference, Rethinking the Common Dealer Law to Subprime Mortages (with G. Miller, of Oxford; Law and Economics Workshop, University and workshop, “Legal Culture and Human Rights” Law/Civil Law Divide, International Association of M. O’Hara, & G. Rosenberg), 34 J. Corp. L. 790 (2009) of Siena: presented paper on “Legal Entities as publications Procedural Law, Toronto, Canada other professional highlights Transferable Bundles of Contracts” • Philosophy and the Politics of Unreason, 97 Cal. L. Rev. public service • Member, Hoover Institution Task Force on Property Oona A. Hathaway • Comparative Law and Economics Forum, Singapore, (2009) • Commissioner, National Conference of Commissioners Rights, Stanford University Yair Listokin presented paper on “Dual Capital Markets as a • Torture and Democratic Violence, 22 Ratio Juris (2009) on Uniform State Laws; attended Annual Meeting, • Member, National Adjudicatory Council, Financial Financial Development Strategy: Brazil, Germany, the Sante Fe, NM Industry Regulatory Association (FINRA) U.S., and the EU” S. Blair Kauffman • Joint Editorial Board for the Uniform Trust and Estate • Fellow, Jonathan Edwards College lectures and addresses Acts, Uniform Law Commission member; attended • Member, Economic Advisory Board, Financial Industry Oona A. Hathaway • Conference on Legal Education and Law Libraries, meeting, Minneapolis, MN Regulatory Association (FINRA) lectures and addresses Shanghai Jiao Tong University, “The Role of the Law • Associate Reporter, American Law Institute, • Member, Bipartisan Policy Center, Credit Rating • Constitution in 2020, America and the World Panel, Library in Contemporary Legal Education” Restatement (Third) of Property: Wills and Other Agency Task Force Yale Law School, “American in the World: Making Law • American Association of Law Libraries, Washington, Donative Transfers; attended advisors’ meeting, Ann Paul W. Kahn and Marking War” D.C., “Challenges in the Development of Law Libraries Arbor, MI Daniel Markovits Jonathan R. Macey • International Law Colloquium, NYU School, in Afghanistan” • Trustee, William Nelson Cromwell Foundation (legal lectures and addresses “Presidential Power Over International Lawmaking: • National conference of State Bar Examiners, history). • University of Pennsylvania Law and Philosophy Restoring the Balance” Baltimore, Maryland, “What Should a New Lawyer Be publications Colloquium, “Solidarity at Arm’s Length” • Creating a Dialogue Between Qualitative and Equipped to Do?” • History of the Common Law: The Development of • Law and Economics Workshop, Boston University Quantitative Approaches to Human Rights, American other professional highlights Anglo-American Legal Institutions (with R. L. Lerner School of Law, “The Influence of Education on Political Science Association Conference, Toronto, • Elected to Standing Committee of International & B. P. Smith, 2009) Ideology” “Strengthening the Dialogue Between Qualitative and Federation of Library Associations • Uniform Trust and Estate Statutes:2009-2010 • Clifford Symposium on Civil Justice, DePaul University Quantitative Approaches to Human Rights” Edition (with L. Waggoner, 2009) School of Law, “Arbitration’s Arbitrage: Social Solidarity • American Political Science Association Conference, The • Blackstone on Judging, in Blackstone and His at the Nexus of Adjudication and Contract” S. Blair Kauffman Douglas Kysar Daniel Markovits Domestic Politics of International Law Panel, “The role lectures and addresses Commentaries: Biography, Law, History 65 (W. Prest publications of Domestic Politics in U.S. International Lawmaking” • Environmental and Land Use Research Workshop, ed., 2009) • The Architecture of Integrity, in Reading Bernard • American Society of International Law Annual Georgetown Law Center, Washington, D.C., “Other Williams (2009) Conference, Changing Concepts of Sovereignty Panel, Forms of Life” Yair Listokin chair/moderator • New Thinking in Climate Change Law and Policy lectures and addresses Jerry L. Mashaw publications Works-in-Progress Seminar, University of Colorado • American Law and Economics Association Meetings, lectures and addresses • America Needs to Prepare for Early Iraq Pullout (with B. Law School, Boulder, Colorado, “Other Forms of Life” San Diego, California, “The Pivotal Mechanism and • University of Pennsylvania Conference on Presidential Ackerman), Financial Times, August 23, 2009 • The Regulatory State at the 21st Century, Bar Ilan Organizational Control” Power in Historical Perspective, Philadelphia, PA, key- • Presidential Power Over International Law: Restoring University, Ramat Gan, Israel, Cost-Benefit Analysis • JITE Conference, Eberbach, Germany, “If You Give note address, “Center and Periphery in Antebellum Douglas Kysar Jerry L. Mashaw the Balance, 119 Yale L.J., October 2009 and its Limits (and Market Based Instruments), Shareholders Power, Do They Use It? An Empirical Administration” other professional highlights Co-Chair Analysis” • Tobin Project Conference, White Oak, Florida, • Rejoined Yale Law School Faculty, July 2009 • Environmental Norms, Institutions, and Policy • University of Alabama, Tuscaloosa, “Stabilizing the “Governments and Markets: Ferment in the Face of • Named Gerard C. and Bernice Latrobe Smith Professor Workshop, Stanford University, Palo Alto, California, Economy Through the Income Tax Code” Crisis” of International Law “International Legal Regimes” publications • Workshop on Comparative Administrative Law, Yale • Appointed to the Executive Committee of The • Working Conference on Nanotech Regulatory Policy, • What do Corporate Default Rules and Menus Do? Law School, chair of panel on State Formation and the Whitney and Betty MacMillan Center for International University of California-Los Angeles, Los Angeles, An Empirical Examination, 6 J. Empirical Legal Stud. History of Administrative Law and Area Studies California, “Ecologic: Nanotechnology, Assurance 279 (2009) • Joined Board of Editors, Yale Journal of Bonding, and Symmetric Humility” • Stabilizing the Economy Through the Income Tax Code, International Law 123 Tax Notes 1575 (June 29, 2009) 24 25 yale law report winter 2010 faculty activities

• George Washington Law Review Annual Scholar’s George L. Priest publications • Presented Paper, “Adjudication and Democracy,” for Review of Administrative Law, ABA Section on lectures and addresses • Preface, in Enforcement of Arbitration Agreements the Seminar, Procedure/Theory and Practice, at Faculty Administrative Law and Regulatory Practice, • Center for Financial Inclusion, Accion International and International Arbitral Awards: The New York of Law, The Hebrew University of Jerusalem, Israel Washington, D.C., “The American Model of Faculty Council Meeting, Washington, D.C. Convention in Practice (E. Gaillard & D. Di Pietro eds., • Presented Paper, “Constructing Courts: The New Administrative Law: Remembering the 19th Century” • RAND Corporation Policy Symposium, New York, 2008) American Courthouse,” Executive Education Seminars, publications panelist on The Role of Empirical and Experimental • McDougal, Myres Smith, in The Biographical Harvard Design School, Cambridge, MA • Administrative Law: The American Public Law Research in the Constitutional and Common Law Dictionary of American Law 371 (R. K. Newman ed., • Moderator, “A League of Their Own: Women on the System (with Merrill and Shane) (6th ed. 2009) Development of Punitive Damages 2009) World’s Highest Courts,” Global Constitutionalism, Robert C. Post • Governmental Practice and Presidential Direction: • Philanthropy Roundtable, Kansas City, “The Growth of • Eclipse of Expropriation? (with R. Digón), in Yale Law School, Judith Resnik Lessons from the Antebellum Republic? 45 Willamette Law and Economics in Legal Development in the U.S.” Contemporary Issues in International Arbitration • Co-discussion leader (with the Hon. Brenda Hale), L. Rev. 659 (2009) • AEI World Forum, Beaver Creek, Colorado and Mediation: The Fordham Papers 2008 27 (A. W. “The Law of Detention,” Global Constitutionalism • Due Process of Governance: Terror, the Rule of Law and • Kaufman Summer Law Institute Rovine ed., 2009) Conference, Yale Law School the Limits of Institutional Design, 22 Governance 353 • Moot Camp, Yale Law School • Sanctions and International Law, in Vol. 4, 9 • Presented Paper, “Courts: In and Out of Sight, Site, and (2009) • Symposium in Honor of Michael J. Trebilcock, Intercultural Human Rights Law Review (2009) Cite,” Global Constitutionalism Conference, Yale Law University of Toronto, “Michael Trebilcock and the Past • International Legal Dynamics and the Design of School Robert C. Post and Future of Law and Economics” Feasible Missions: The Case of Afghanistan, Vol. 85, 59 • Panelist, “Localism and Democracy,” Constitution in lectures and addresses • Ministério Da Justica, Conselho Administrativo de International Law Studies: The War in Afghanistan: 2020, Yale Law School Defesa Econômica, First Annual Antitrust Conference Claire Priest • Sapienza-Università di Roma, “European Integration,” A Legal Analysis (M. N. Schmitt ed., 2009) publications Roberto Romano and “European Court of Human Rights: Blasphemy in Brazil, Sao Paulo, Brazil, “Reanalyzing Antitrust Law • Inversión Extranjera, Desarrollo Económico y Arbitraje • Federal Courts Stories (co-editor Vicki Jackson) and the Danish Cartoons” in an Age of Network Industries” Internacional, in Diálogos Sobre la Justicia (Foundation Press, 2009) • Annual Meeting of the Law and Society Association, publications Internacional 26 (B. Sepúlveda ed., 2009) • What’s Federalism For?, in The Constitution in 2020 “The Prospects for a World Legal Order” • Francesco Busnelli and the Development of Modern Tort other professional highlights (eds. Jack Balkin & Reva Siegel, Oxford University • Annual Meeting of the American Political Science Law in the U.S., Italy, and the European Community, • Member, The American Law Institute, 2009- Press, 2009) Association, “Should Hate Speech be Tolerated?” in II Liber Amicorum per Francesco D. Busnelli 437 • Courts: In and Out of Sight, Site, and Cite, 53 Vill. L. Rev. • National Archives, “Democratic Constitutionalism” (2008) Judith Resnik 771 (2008) • American Constitution Society Constitution in 2020 • The Justice Department’s Antitrust Bomb, The Wall lectures and addresses other professional highlights Conference, “Democratic Constitutionalism” Street Journal, June 2, 2009 at A21 • Presented paper, “Human Rights and State Law,” • Appointed to the American Academy of Arts and George L. Priest publications Columbia Law School, Human Rights Institute Sciences III:4 (Law) Membership Section Panel • Debating Disciplinarity, 35 Critical Inquiry 749 (2009) W. Michael Reisman Workshop, New York • Appointed to the Scientific and Academic Advisory • Constitutional Constraints on the Regulation of lectures and addresses • Presented paper, “Drafting, Lobbying, and Council, The Gender Equality Project (a Swiss-based Scientific Speech and Scientific Research, in Forbidding • “The European Union, Human Rights and the UN Litigating VAWA: National, Local, and Transnational foundation founded to promoting equal opportuni- Science: Balancing Freedom, Security, Innovation Millennium Development Goals,” Foreign Policy Interventions on Behalf of Women’s Equality,” ties for women and men) and Precaution, a special issue of 15 Science and Association, New York City, moderator on panel, A Symposium Celebrating the Fifteenth Anniversary • Argued in the United States Supreme Court on Engineering Ethics 431 (2009) “Promoting Human Rights Today” of the Violence Against Women Act, Georgetown behalf of Respondent Norman Carpenter in Mohawk • Constitutional Scholarship in the United States, 7 I-CON • “Preventing and Managing Conflict in Energy and University Law Center, Washington, D.C. Industries, Inc. v. Norman Carpenter (No. 08–678, 416 (2009) Other Natural Resource Investment Relations,” co- • Presented paper, “A Chapter [to be bracketed] or a October 5, 2009, cert. granted, 129 S.Ct. 1041) (2009) W. Michael Reisman • Democratic Constitutionalism (with R. Siegel), in J. M. organized by Vale Columbia Center on Sustainable Window into Federal Courts Jurisprudence? Habeas Balkin & R. B. Siegel eds., The Constitution in 2020 International Investment and Center for Energy, Corpus, the War on Terror, Detention, and Specialized Roberta Romano (2009) Marine Transportation and Public Policy at the Tribunals,” Celebration in honor of Henry Paul lectures and addresses • A Progressive Perspective on Freedom of Speech, in J. M. Columbia University Law School, New York, delivered Monaghan, Columbia Law School, New York, NY • Corporate Finance Roundtable, University of Balkin & R. B. Siegel eds., The Constitution in 2020 paper • Presented paper, “Gender, Race, and the Iconography Pennsylvania Institute for Law and Economics, panel (2009) • Fourth Annual Conference on International of Courts,” for the Program on Gender and Judging, on “Government Ownership of Industry” other professional highlights Arbitration & Mediation, Fordham University School Law and Society Annual Meeting, Denver, CO • INFINITI Conference on International Finance, Trinity • Appointed Dean, Yale Law School, July 2009 of Law, New York, moderator on panel, “The Theory • Presented Paper, “Whither and Whether Adjudication? College, Dublin, Special Session on “Is There Value in and Philosophy of International Arbitration” Declining Access to Justice,” Program on Civil Justice Corporate Governance Rankings?” Claire Priest • “Evidence Before the International Court of Justice,” and Disputing Behavior, Law and Society Annual • Financial Regulation Reform Collaborative Conference lectures and addresses British Institute of International and Comparative Law, Meeting, Denver, CO on Regulatory Policy in the Financial Sector: Taking • Symposium on Comparative Early Modern Legal London, United Kingdom, member of panel, “Expert • Presented Paper, “Bring Back Bentham: Managerial Stock and Looking Forward, panel on “What Have History, Newberry Library, Chicago, IL, commentator Evidence in International Tribunals” Judges and the Decline of the Public Functions of We Learned About the Causes of the Crisis and Their • Legal History Workshop, University of Chicago Law • The Institut de Droit International Meeting, Naples Courts,” International Association of Procedural Law, Implications for Solutions?” School, “The End of Entail: Information, Institutions, • Co-taught classes in International Investment via Toronto, ON, Canada, • Fourth European Company and Financial Law Review and Slavery in the American Revolutionary Period” Video Conference for City University of Hong Kong • Commentator, The Hamlyn Lecture: Judging Civil Symposium, on The Financial Crisis and the European • American Law and Economics Association Annual Law School Justice, by Dame Hazel Genn, University College Private Company, The Hague, the Netherlands, Meeting, “The End of Entail: Information, Institutions, London, London, UK “Executive Compensation and the Financial Crisis” and Slavery in the American Revolutionary Period” 26 27 yale law report winter 2010 faculty activities

publications • Fund for an Open Society, Balkans, Belgrade, Serbia, • In Moral Argument, the Details Matter, Boston Review, • Conference on the Constitution in 2020, Yale Law • Does the Sarbanes-Oxley Act Have A Future?, 26 Yale J. workshops on corruption May-June, available at http://bostonreview.net/ School, Roundtable on 2020—Constitutional Law and on Reg. 229 (2009) • Conference in Honor of Michael Trebilcock, University BR34.3/schuck.php Politics • Reforming Executive Compensation: Focusing and of Toronto, “Regulation and Public Law in Comparative • Immigration Law’s Organizing Principles: A Response, • Faculty Workshop on The Constitution in 2020, Suffolk Committing to the Long-Term (with S. Bhagat), 26 Yale Perspective” available at http://www.pennumbra.com Law School J. on Reg. 359 (2009) publications • Court sense, L.A. Times, July 15, 2009, at A25; also • Human Rights Program, Conference on Reproductive other professional highlights • Access to Government in Eastern Europe: Newsday, July 17, 2009 Rights and the Right to Information, Harvard Law • Appointed to Sloan Foundation Economic Advisory Environmental Policymaking in Hungary, in Jorrit • Taking Immigration Federalism Seriously, The Forum School, keynote address, “Dignity and Reproductive Carol M. Rose Board de Jong and Gowher Irzvi eds., The State of Access: (2009), available at http://www.bepress.com/forum/ Rights” Vicki Schultz Success and Failure of Democracies to Create Equal vol7/iss3/art4 publications Carol M. Rose Opportunities (2008) • The Constitution in 2020, (with J. Balkin eds., 2009) lectures and addresses • Do BITs Benefit Developing countries? (with J. Tobin), Vicki Schultz • Heller and Originalism’s Dead Hand—In Theory and • Straus Institute, New York University, “Racing Property: in C. Rogers and R. P. Alford eds., The Future of lectures and addresses Practice, 56 UCLA L. Rev. 1399 (2009) Law and Social Norms in the History of Racially Investment Arbitration (2009) • The Constitution in 2020 Conference, Yale Law School, • The Constitutional Law and Politics of Reproductive Restrictive Covenants” • Corruption in the Wake of Domestic Conflict, in R. I. commentator, panel on Social Rights Rights, 118 Yale L.J. 1312 (2009) • Yale Law School, “Law and Economics for the Clueless” Rotberg ed., Corruption, Global Security, and World • AALS Conference on Worklaw, Long Beach, California, • Dignity and Reproductive Rights, SELA (The Seminario • Legal Studies Seminar, Watson Institute for Order (2009) panel on The Changing Nature of Employment en Latinoamérica de Teoría Constitucional y Política— Susan Rose-Ackerman International Studies, Brown University, “Two Kinds • Od Wyborów do Demokracji, Polish translation of Discrimination, “Changing the Paradigm” the Seminar in Latin America on Constitutional and Reva Siegel of Complaint: Larceny and Snooping, Comment on From Elections to Democracy (Warsaw, 2008) publications Political Theory), June 2009, Asunción, Paraguay, Michael Brown ‘Culture in an Iron Cage: Cultural • Accountability-Exempt Bonds (with M. Likosky), • The Sanitized Workplace Revisited, in M. A. Fineman, available at http://www.law.yale.edu/documents/ Appropriation and the Governance of Indigenous Engineering News, March 30, 2009 J. E. Jackson & A. P. Romero eds., Feminist and Queer pdf/Student_Organizations/SELA09_Siegel_Eng_PV_ Heritage’” other professional highlights Legal Theory: Intimate Encounters, Uncomfortable signed.pdf • Law & Humanities Junior Scholars Workshop, • Co-Organizer (with P. Lindseth) of Workshop on Conversations (2009) other professional highlights Georgetown Law Center, “Fish Before the Bar? Comparative Administrative Law, Yale Law School other professional highlights • Innovation in Scholarship Award, Center for Comment on Robert Deal’s ‘Fast-Fish, Loose-Fish: How • Courtesy Appointment, Yale Department of Sociology Reproductive Rights, which “recognizes a distin- Whalemen, Lawyers, and Judges Created the British Peter H. Schuck • Council Member, Women’s Faculty Forum (2009–2010) guished scholar whose research advances the acade- Property Law of Whaling’” lectures and addresses • Convener, Workplace Theory and Policy Workshop, Yale my’s understanding of health, women’s rights, human Peter H. Schuck publications • University of Illinois, “The Golden Age of Aging, and Its Law School (Spring 2009) rights, Constitutional law, and related fields. Award Kate Stith • Liberty, Property, Environmentalism, 26 Social Policy & Discontents” winners have made significant contributions to the Philosophy Issue 2, 1 (2009) • Humanity in Action, New York City, “Post-1965 Reva Siegel intellectual basis of these fields through years of other professional highlights Changes in American Society” lectures and addresses dedicated research as scholars and leaders within the • Attended Seminario en Latinoamerica de Teoria • Galilee Colloquium, Kibbutz Kfar Blum, Israel, “The • Oxford University Press, New York, authors discuss The academy, and their work displays an understanding Constitucional y Politica (SELA) and SELA Organizing Morality of Immigration Policy” Constitution in 2020 of the human condition that is at the heart of human Committee, Asuncion, Paraguay • Kauffman Foundation, Dana Point, California, • SELA (The Seminario en Latinoamérica de Teoría rights.” • Appointed to Inaugural Year Fellow, Straus Institute “Innovation and the Tort System” Constitucional y Política—the Seminar in Latin for the Advanced Study of Law and Justice, New York publications America on Constitutional and Political Theory) Kate Stith • Immunity, Not Impunity, The American Lawyer, Nov. Conference on Law and Sexuality, panel on lectures and addresses Susan Rose-Ackerman 2009 Reproductive Rights, Asunción, Paraguay, discussed • New York University School of Law, “Regulation by lectures and addresses • Healing Power (review of Amy Wax, Race, Wrongs, manuscript of “Dignity and Reproductive Rights.” Prosecutors” • Conference on Governing Good and Governing and Remedies), The American Lawyer, Oct. 2009 • Annual Convention of the American Constitution • Women’s Campaign School, Yale University, Opening Well, VU University, Amsterdam, keynote address, • Three Models of Citizenship, in M. Greve and M. Zoller Society, Washington, D.C., moderated panel on The Remarks “Regulation and Public Law” eds., Citizenship in America and Europe: Beyond the Constitution in 2020 • Vanderbilt School of Law, Criminal Justice Roundtable • Polish Institute of Technology, Warsaw, Poland, “From Nation-State? 151 (2009) • National Press Club, Washington, D.C., panel discus- • Quinnipiac University School of Law and Yale Law Elections to Democracy in Transition” • Courts in a Democracy, 1 Jindal Global Law Review 7 sion on The Constitution in 2020 School, participant in The Life of Constance Baker • Batory Foundation, Warsaw, Poland, panel discus- (2009) • American Constitution Society—Washington, D.C. Motley: A Conference and Living History sion on the Polish translation of From Elections to • Is a Competent Civil Service Becoming Oxymoronic? Lawyer Chapter, Washington, D.C., Constitution Day • Duke Law School Workshop, Evaluating Judges, Democracy: Building Accountable Government in (review of Light, A Government Ill-Executed: The Program on The Constitution in 2020 Judging and Judicial Institutions Hungary and Poland Decline of the Federal Service and How to Reverse • National Archives, Washington, D.C., Constitution Day • Testimony, Congressional Black Caucus: Rethinking • Program in American Law, Jagiellonian University, It, and A. Gerber & E. Patashnik eds., Promoting the Program on The Constitution in 2020 Federal Sentencing Policies Krakow, Poland, commencement address, “Public Law General Welfare: New Perspectives on Government • Global Constitutionalism Seminar, Yale Law School, • Testimony, Senate Committee on the Judiciary, and Public Policymaking: A View from the United Performance), 77 Geo. Wash. L. Rev, 973 (2009) led workshop on Transnational Perspectives on Hearings on the Nomination of Judge Sonia States” • Immigrants’ Political and Legal Incorporation in the Dignity with Judge Lech Garlicki of the European Sotomayor to be Associate Justice of the United States • Federal Ministry of the Interior, Vienna, Austria, United States after 9/11: Two Steps Forward, One Step Court of Human Rights Supreme Court panel discussion on “The Fight Against Corruption in Back, in J. Hochschild & J. Mollenkopf eds., Bringing • Aspiring Scholars Symposium, Yale Law School, panel Transition Countries” Outsiders In: Immigrant Political Incorporation in on Comparative Constitutional Law the United States and Europe 158 (2009) 28 29 yale law report winter 2010 faculty activities

other professional highlights • In re E-D-B- (EOIR Hartford 2009) (granting motions • Vice-Chair, Committee on Professional Responsibility, to suppress and terminating removal proceedings Connecticut Bar Association in five cases arising from June 2007 immigration raids in New Haven, upon finding that immigration faculty James Q. Whitman agents had entered private homes without warrants lectures and addresses or probable cause in egregious violation of Fourth • Fulton Lecture in Legal History, University of Chicago, Amendment) “The Verdict of Battle” • Families for Freedom v. Napolitano, 628 F.Supp.2d Bytes James Q. Whitman • American Society for Comparative Law, “A Plea for 535 (S.D.N.Y. 2009) (denying government motion to Public Policy in Comparative Law” dismiss and ordering agency to respond to petition • University of Paris II, “Liberté d’expression et systèmes for rule-making regarding immigration detention électoraux: mutations d’une liberté censée être fon- standards) damentale” • El Badrawi v. Department of Homeland Security, 258 • New York City Bar Association, Panel on The Origins F.R.D. 1998 (D.Conn 2009) (granting in part motion to The Yale Law School website has several pages devoted of Reasonable Doubt compel production of FBI records), motion to recon- to faculty news and commentary. Visit one of the other professional highlights sider denied, 2009 WL 2913246 (D.Conn. Sept. 4, 2009) following pages to read and listen to more about faculty • Received Honorable Mention, Silver Gavel Award, • In re I-S- (granting witholding of removal to woman activities and scholarship. Michael Wishnie American Bar Association, 2009, for The Origins of arrested based on two prior orders, in June 2007 Reasonable Doubt immigration raids in New Haven) www.law.yale.edu/facultyinthenews Michael Wishnie John F. Witt read news articles and watch broadcast lectures and addresses lectures and addresses segments in which faculty members • Clason Speaker Series, Western New England College • Cornell University and University of Chicago, are quoted or mentioned of Law, “The Immigration Debate: From the Berkshires “Humanity in America: The Laws of War in American to Washington” History” www.law.yale.edu/commentary • Human Rights Workshop, Yale Law School, “Learned • Constitution in 2020, Yale Law School, Mobilization read opinion pieces written by Law Roundtable, “Progressive Lawyering in the Twenty- Puffendorffs and Jacksonian Soldiers” John F. Witt School faculty members and students First Century” • Does the Constitution Follow the Flag? Symposium, • American Immigration Lawyers Association, Las Vegas, Temple Law School, commentator www.law.yale.edu/podcasts NV, “Follow the Money: Suing Immigration Officials publications for Damages” • Form and Substance in the Law of Counterinsurgency download audio files of everything other professional highlights Damages, 41 Loy. L. Rev. 1455 (Summer 2008) from a lecture at the School, to • American-Arab Anti-Discrimination Committee other professional highlights a discussion with a faculty member Annual Pro-Bono Attorney of the Year Award to Allard • Appointed to the Advisory Board of the New York about his or her latest book K. Lowenstein International Human Rights Law Clinic Historical Society’s new Institute for Constitutional www.facebook.com/YaleLawSchool Stephen Wizner National Litigation Project, June 2009 History • Al-Kidd v. Ashcroft, 580 F.3d 949, 956 (9th Cir. 2009),WL keep up-to-date with faculty news via the 2836448 (9th Cir. 2009) affirming denial of motion to Stephen Wizner YLS Facebook fan page dismiss by former Attorney General on absolute and lectures and addresses qualified immunity grounds, in action by U.S. citizen • Faculty Workshop, Interdisciplinary Center Faculty of www.twitter.com/YaleLawSch alleging wrongful arrest and detention on material Law, Herzliyya, Israel, “Clinical Legal Education” read tweets about faculty members on witness warrant) other professional highlights the Law School’s Twitter feed • Re-Appointed Sackler Professor of Law (Special Appointment), Tel Aviv University • Appointed Chair, International Advisory Committee, Yale Law School has published Haifa University Faculty of Law Clinical Program memorial booklets containing remembrances • Re-Elected to Board of Directors, Leadership, Education of Jay Katz, the Elizabeth K. Dollard Professor and Athletics in Partnership (LEAP), New Haven, Emeritus of Law, Medicine, and Psychiatry and Connecticut Harvey L. Karp Professorial Lecturer in Law and Psychoanalysis at Yale Law School. Copies of these booklets are available from the Yale Law School Office of Public Affairs, P.O. Box 208215, New Haven, CT 06520-8215; 203 432- 8464; [email protected].