2021 January Term Faculty Roger A

UNIVERSITY OF HAWAI‘I AT MĀNOA WILLIAM S. RICHARDSON SCHOOL OF LAW

RUTH OKEDIJI Frank Boas Visiting Harvard Professor Jeremiah Smith Jr. Professor of Law at Harvard Law School, Co-Director of Berkman Klein Center for Internet & Society Harvard Law School The Protection of Indigenous People’s Knowledge

ROGER A. FAIRFAX JR. Patricia Roberts Harris Research Professor of Law, Founding Director of the Criminal Law & Policy Initiative George Washington Law School Criminal Justice Transformation—Through ‘The Wire’

ERIKA R. GEORGE Samuel D. Thurman Professor of Law University of Utah S.J. Quinnery College of Law Business & Human Rights: Corporate Responsibility, Sustainability And Policy

TONY LAI Entrepreneurial Fellow at Stanford Center for Legal Informatics, Co-Founder Legal.io Legal Engineering for the Biosphere: Climate Policy, Extitutions and Data Governance

FRANCINE J. LIPMAN William S. Boyd Professor of Law University of Nevada, Las Vegas William S. Boyd School of Law Tax and Social Justice: The Tax Treatment of Vulnerable Taxpayers

MAGISTRATE JUDGE WES PORTER United States District Court for the District of Hawai’i Visiting Professor—William S. Richardson School of Law Trial Practice Academy: Witness Examinations

2021 JANUARY TERM FACULTY ROGER A. FAIRFAX JR.

Patricia Roberts Harris Research Professor, Founding Director of the Criminal Law & Policy Initiative

Roger A. Fairfax, Jr. is the Patricia Roberts Harris Research Professor, and Founding Director of the Criminal Law & Policy Initiative at GW Law. He teaches courses in criminal law and procedure, ethics, and seminars on the grand jury, white-collar criminal investigations, and criminal justice policy and reform. His scholarship has been published in numerous books and leading journals.

Before academia, Professor Fairfax served as a federal prosecutor at the U.S. Department of Justice, and in private practice at O'Melveny & Myers LLP, where his practice included white-collar criminal and regulatory defense, as well as pro bono indigent criminal defense, and civil rights litigation. He is ad- mitted to practice in the United States Supreme Court.

Fairfax has testified before Congress, spoken at the White House, and advised government officials and candidates on criminal justice policy. He worked on criminal justice reform as a Senior Legislative Fellow with the U.S. Senate Judi- ciary Committee's Subcommittee on Crime, and as a Senior Fellow at Harvard Law School's Charles Hamilton Houston Institute for Race and Justice.

Professor Fairfax is a member of the Board of Directors of the National Insti- tute for Trial Advocacy and the editorial board of the ABA's Criminal Jus- tice magazine. He is a Fellow of the American Bar Foundation, an elected member of the American Law Institute, and a member of the Judicial Conference of the United States, Advisory Committee for the Rules of Criminal Procedure. Fairfax graduated from Harvard Law School, where he served as an editor of the Harvard Law Review, and then clerked for Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts and for Judge Judith W. Rogers of the U.S. Court of Appeals for the D.C. Circuit. Course Information: LAW 546J Criminal Justice Transformation— Through ʻThe Wire’ This course will consider the merits of, and prospects for, criminal justice transformation in the United States. Class discussions will interrogate, legal, social, moral, and political perspectives on the modern criminal legal system and will explore such issues as The War on Drugs, policing and democracy, the school-to-prison pipeline, progressive prosecutors, mass incarceration, reform and abolition efforts, and racial justice movements. The course content will be framed by selected readings and episodes of David Simon's critically-acclaimed HBO series The Wire. ROGERERIKA A. R. FAIRFAX GEORGE JR.

Patricia Roberts Harris Research Professor, Founding Director of the Criminal Law & Policy Initiative

Erika R. George is the Samuel D. Thurman Professor of Law at the University of Utah’s S.J. Quinney College of Law where she teaches constitutional law, international human rights law, international environmental law, and seminars in corporate citizenship. She was appointed Tanner Humanities Center Director in 2019. She earned her B.A. with honors at the University of Chicago and her J.D. at Harvard Law School, where she served as Articles Editor of the Harvard Civil Rights-Civil Liberties Law Review. She also holds an M.A. in International Rela- tions from the University of Chicago. Her recent scholarship has appeared in the California Law Review, the Michigan Journal of International Law, the New York University Journal of International Law and Policy, the Berkeley Journal of Journal of International Law and the annual proceedings of the American Socie- ty of International Law. Her current research explores the responsibilities of multinational corporations to respect international human rights and efforts to hold corporations accountable for alleged rights violations. She is a member of the Executive Board of the American Bar Association Center for Human Rights and serves on the editorial board of the Business and Human Rights Journal. To read more about Professor George, please visit https://faculty.utah.edu/ u0412260-ERIKA_GEORGE

Course Description: Business and Human Rights: Corporate Responsibility, Sustainability and Policy Human rights are not a central concern of corporate law. Corporate actors are not a central concern of international law. This course brings business and human rights together to examine existing and emerging strategies to close a global governance gap that leaves human rights at risk and places commercial actors at risk of contributing to human rights violations. This course explores and ex- plains how social pressure from activists and investors influence corporate conduct with respect to human rights claims and inform recent global policy stand- ards for business enterprises. It will contextualize the limitations of international law for regulating the conduct of non-state actors and the limitations of corporate legal theory for defining the role of a corporation in globalized economy. It will offer an overview of the evolution of international efforts to address abuses and to align commerce with universal principles on human rights principles and introduce recent global policy initiatives on business and human rights. It will present the potential for advancing business respect for human rights through stakeholder engagement initiatives, shareholder advocacy, and corporate sustainability reporting. At the conclusion of this course, participants will be able to identify human rights risks that are connected to business enterprises, to differ- entiate between the respective responsibilities of states and corporations to en- sure that human rights are protected and respected, and to assess various advocacy efforts to advance corporate accountability. TONY LAI

Entrepreneurial Fellow at Stanford Center for Legal Informatics, Co-Founder Legal.io Tony Lai is an Entrepreneurial Fellow at the Stanford Center for Legal Infor- matics (CodeX) and a co-founder of Legal.io, working on applied research and innovation in the design of legal service delivery systems, with a focus on ecosystem engineering to support trusted exchange and value flow. To- ny holds Bachelors and Masters degrees in Modern History from Oxford Uni- versity, completed law school in England, then gained 10,000 hours experience at an international law firm advising on commercial, corporate and regulatory matters for the technology, communications and media industries in Europe, Asia and Africa.

At Stanford, Tony gained his Master of Laws as part of the Law Science and Technology Program. Given the freedom to design an interdisciplinary course, Tony learnt from leading social entrepreneurs at the Urban Studies department and spent six months working with a team of graduate students at Stanford’s d.school to reinvent the museum experience. Since graduating, To- ny has been on the teaching team for the joint Harvard/Stanford class, Ideas for a Better Internet and helped research & design the first Legal Technology and Informatics course to be taught at Stanford Law School.

Tony was on the founding team of StartX, the top-tier, Stanford-affiliated startup accelerator, where he continues to advise on legal and social innovation support. He is on the board of directors for Shareable, the leading media outlet for the sharing economy, and regularly hosts modern nomads from around the world at The Embassy Network, a future-oriented co-living community, in San Francisco.

Course Description: LAW 546I: Legal Engineering for the Biosphere: Climate Policy, Extitutions and Data Governance This course will offer an overview of this evolving academic and practical field in the context of current ongoing developments in systems for collective sensemaking, action, and feedback loops to protect the planet and our bio- regional, ecological health; systems that can coordinate at a global and local level, and every level in-between. Course participants will be invited, through the course with written assign- ments, and beyond the course through participation in active, ongoing pro- jects, to engage with and contribute to legal engineering's future role in providing safe and inclusive contexts for both individual wellness and flour- ishing, and for solving some of our greatest collective and global challenges. FRANCINE J. LIPMAN William S. Boyd Professor of Law University of Nevada, Las Vegas—William S. Boyd School of Law Professor Francine J. Lipman brings to the William S. Richardson School of Law an exceptional record as an accountant, a lawyer, a teacher, and a scholar. After working as a CPA in an international accounting firm and as the Chief Financial Officer for a chain of retail jewelry stores, Professor Lipman turned to law where she served as Editor in Chief of the law review, was recognized as an Outstanding Law Student and a member of the Order of the Coif. Following a similarly stellar record in NYU’s Graduate Tax Law Program, where she was a Tax Law Review Scholar, she practiced law with O’Melveny & Myers LLP and Irell & Manella LLP. Professor Lipman is an elected member of the American Law Institute, the American College of Tax Counsel, and the American Bar Foundation, and an editor and former committee chair for the Tax Section of the American Bar Association and serves on the board of the American Tax Policy Institute. She has been a visiting professor at UC Hastings College of Law and is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas. In 2016, Governor Brian Sandoval appointed, and in 2020 Governor Steve Sisolak reappointed, Professor Lipman to serve as Nevada Tax Commis- sioner. The Commissioners supervise the overall administration and operations of the Nevada Department of Taxation. Professor Lipman has written exten- sively on tax and poverty issues for legal journals, including the Wisconsin Law Review, Florida Tax Review, Virginia Tax Review, SMU Law Review, Nevada Law Journal, American University Law Review, Harvard Environmental Law Review, Harvard Latino Law Review, Harvard Journal on Legislation, The Tax Lawyer and Tax Notes. Professor Lipman is a frequent speaker on tax subjects to law and business groups.

Course Description: Tax & Social Justice—The Tax Treatment of Vulner- able Taxpayers The one-week course will launch with the taxpayer categories presented during our first two sessions together. The first category will include working lower income families who receive meaningful earnings subsidies that in 2018 lifted almost 11 million people above the poverty line and made 17.5 million more people less poor. Almost 12 million children are included in these figures, including 5.5 million of whom escaped poverty and 6.4 million of whom were made less poor. In the next class session, we will review how our tax systems impose a higher effective tax rate on unauthorized workers and their families as compared to similarly situated U.S. citizens and green card holders. Specifically, we will focus on how these benefits and taxes work and how they don’t work. MAGISTRATE JUDGE WES PORTER

United States District Court for the District of Hawai’I Visiting Professor—William S. Richardson School of Law

Judge Wes Reber Porter began his career as a Trial Counsel for the Judge Advocate General (JAG) Corps in the United States Navy stationed at Pearl Harbor. He then worked as a Special Assistant U.S. Attorney for the District of Hawaii handling civil matters filed against the United States. Judge Porter next served as an Assistant U.S. Attorney for the District of Hawaii, a Senior Trial Attorney with the U.S. Department of Justice’s Criminal Division, Fraud Section, in Washington D.C., and an enforce- ment attorney at the U.S. Securities and Exchange Commission in its San Francisco Regional Office. Before his appointment, Judge Porter also served in academia, as a tenured law professor and the Director of the Litigation Center, at Golden Gate University School of Law in San Fran- cisco and as a visiting professor at the Richardson School of Law. He re- mains active in education and the community. Judge Porter was selected as a Magistrate Judge for the U.S. District Court for the District of Hawaii in May 2019.

Course Description: LAW 546D: Trial Practice Academy: Witness Examinations This course is specifically designed with the following objectives: Students will learn how to analyze a case file and the fact pattern. Students will learn how to interview and prepare potential trial witness. Students will learn and exercise evidentiary objections, responses, and ar- guments during motions in limine and at sidebar during trial. Students will learn to conduct effective and interesting direct examinations, including the evidentiary foundations for different forms of evidence. Students will learn to conduct effective cross examinations including use of key modes of impeachment. Students will present persuasive opening statements and closing argu- ments. Frank Boas Visiting Harvard Professor PROFESSOR RUTH OKEDIJI

Professor of Law Harvard Law School Ruth L. Okediji is the Jeremiah Smith Jr. Professor of Law at Harvard Law School and Co-Director of Harvard University’s Berkman Klein Center for Internet & Society. She teaches contracts, patents, copyright and courses on Biblical Law. Professor Okediji’s research and scholarship examine issues of innovation policy, economic development, human rights and global knowledge governance. She has been recognized by Managing IP as one of the world’s 50 influential leaders in the field. Professor Okediji is a 2019 recipient of the IP3 Award by Public Knowledge.

Course Description: The Protection of Indigenous Peoples’ Knowledge Unauthorized access to and exploitation of Indigenous Peoples' knowledge (also known as “Traditional Knowledge”) raises significant legal, moral, and ethical questions for international human rights law and intellectual property (IP) law. None of the leading multilateral IP treaties address the protection of Indigenous Peoples' knowledge, and efforts to negotiate a multilateral treaty for Traditional Knowledge have thus far been unsuccessful. Nonethe- less, the application of IP to Traditional Knowledge - offensively and defen- sively - is a practice with significant implications for IP, and more so in view of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Using national case studies, this course will explore legal re- gimes for the regulation of Traditional Knowledge and Traditional Cultural Expressions, including prospects for private law tools to address harms and offer remedies. The course will also explore recent legislative and global policy developments directed to the protection of Indigenous Peoples’ culture and other intangible assets. ABOUT JANUARY TERM Our January Term (J-Term) Program, established in 2005, gives Richardson law students a bonus of free specialized mini-courses taught by some of the world’s leading scholars, professors, and judges. Mr. Frank Boas, a generous supporter of the Law School, helped to start the program and annually sponsored a visiting Harvard Law School professor for each J-Term. The Law School continues Frank’s inspired ideas in his memory. The Wallace S. Fujiyama Distinguished Professor Fund supports many of our other J-Term professors.