Annual Repor t 2015

2 Introduction to the 3 Officers and Directors 4 Fellows Research Advisory Committee 5 Past Presidents of the American Bar Foundation 6 Report of the Director: Ajay K. Mehrotra 7 Highlights 14 Research Program 18 Research Faculty 18 Research Professors 26 Affiliated Research Professors 27 Faculty Fellows 29 Research Social Scientists 30 Selected Publications 36 ABF Publications 36 & Social Inquiry 36 Researching Law: An ABF Update 37 Recent Major Media Coverage and Faculty Op-Eds 38 Liaison Research Services Program 39 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students 40 Doctoral Fellowship Programs 41 Presentations at the ABF 2015 42 Sponsored Programs 43 Gifts in Honor of Robert L. Nelson 43 Research Funds 44 The Fellows of the American Bar Foundation20 46 Life Fellows Contributions to the American Bar Foundation 50 Cornerstone Giving Society 51 Personnel 54 Financial Report 2014–15 56 Allocation of Funding FY 2014–15 Inside back cover Errata 15 www.americanbarfoundation.org • 2015 Annual Report 1 Introduction to the American Bar Foundation

Mission The American Bar Foundation’s mission is to serve the legal profession, the public, and the academy through empirical research, publications, and programs that advance justice and the understanding of law and its impact on society. The American Bar Foundation is the nation’s leading research institute for the empirical study of law. An independent, nonprofit organization, for sixty years the ABF has advanced the understanding and improvement of law through research projects of unmatched scale and quality on the most pressing issues facing the legal system in the and the world. The Foundation is committed to broad dissemination of its research findings to the organized bar, scholars, and the public. The results are published in a wide range of forums, including leading academic journals, law reviews, and academic and commercial presses. Research Faculty The research program of the American Bar Foundation is implemented through the projects designed and conducted by the members of the ABF’s resident research faculty. ABF Research Professors are among the leading scholars in their disciplines, which include , , , law, , , and . A research project is undertaken only after completion of a highly rigorous and extensive review process. The internal review committee, an external review panel, the Research Committee of the ABF Board, and ultimately the Board of Directors must conclude that the proposed study will make a significant contribution to the field and that the research can be carried out with the appropriate standards of integrity, human subjects protection, and scholarship. Funding The Foundation extends special thanks to the American Bar Endowment. The American Bar Endowment’s grant of $3,012,372 in fiscal year 2014-2015 makes the Endowment the Foundation’s largest supporter. Founded in 1942, the ABE is a charitable organization dedicated to improving the quality of justice in the United States by funding research, educational, and public service projects in the field of law. ABA members who participate in the Endowment’s group insurance programs can contribute to these efforts. Those members who participate in the Endowment’s insurance plans, and allow the ABE to retain dividends payable on the group insurance policies, provide essential support for the ABE’s grant program. The Foundation would like to thank all ABA members who participate in ABE insurance plans and donate their dividends, along with the ABE, for the valuable funding and guidance they have provided. Other sponsors include The Fellows of the American Bar Foundation and private foundations and government agencies that award grants to support specific research projects and other ABF programs. The American Bar Foundation is recognized as a 501(c)(3) nonprofit organization. The Fellows of the American Bar Foundation The Fellows of the American Bar Foundation is an organization of lawyers, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows because of their outstanding achievements in the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.

2 American Bar Foundation • www.americanbarfoundation.org Officers and Directors of the American Bar Foundation

2014–2015 2015–2016 Officers and Ex Officio Officers and Ex Officio Directors William C. Hubbard Directors Paulette Brown President, President, President President American Bar Association American Bar Association David A. Collins David A. Collins Beverly Hills, MI Paulette Brown Beverley Hills, MI Linda A. Klein President-Elect, President-Elect, Vice-President American Bar Association Vice-President American Bar Association Ellen J. Flannery Ellen J. Flannery Patricia Lee Refo Patricia Lee Refo Washington, D.C. Washington, D.C. Chair, House of Delegates, Chair, House of Delegates, Treasurer American Bar Association Treasurer American Bar Association George S. Frazza G. Nicholas Casey, Jr. George S. Frazza G. Nicholas Casey Jr. New York, NY Treasurer, New York, NY Treasurer, American Bar Association American Bar Association Secretary Secretary Martha Walters Barnett David S. Houghton Martha Walters Barnett David S. Houghton President, Omaha, NE President, Omaha, NE American Bar Endowment American Bar Endowment Mariano-Florentino Mariano-Florentino Michelle A. Behnke Cuéllar Palmer Gene Vance II Cuéllar Chair of the Council of the Stanford, CA Chair of the Council of the Stanford, CA Fund for Justice Education, Fund for Justice Education, American Bar Association Doreen D. Dodson American Bar Association Doreen D. Dodson St. Louis, MO St. Louis, MO Daniel B. Rodriguez Daniel B. Rodriguez Dean, Northwestern Jimmy K. Goodman Dean, Northwestern Jimmy K. Goodman University School of Law Oklahoma City, OK University School of Law Oklahoma City, OK Hon. Cara Lee T. Neville (Ret.) Hon. Sophia H. Hall Kathleen J. Hopkins Hon. Sophia H. Hall Chair, The Fellows of , IL Chair, The Fellows of Chicago, IL The American Bar Foundation The American Bar Foundation Kay H. Hodge Kay H. Hodge Michael H. Byowitz Boston, MA Hon. Cara Lee Neville (Ret.) Boston, MA Chair- Elect, The Fellows of Harold D. Pope III Chair-Elect, The Fellows of Harold D. Pope The American Bar Foundation The American Bar Foundation Southfield, MI Southfield, MI Rew R. Goodenow Wm. T. Robinson III Michael H. Byowitz Wm. T. Robinson III Secretary, The Fellows of Secretary, The Fellows of The American Bar Foundation Florence, KY Florence, KY The American Bar Foundation Hon. Ellen F. Rosenblum Hon. Ellen F. Rosenblum Kathleen J. Hopkins Immediate Past Chair, The Fellows Salem, OR Executive Committee Salem, OR of The American Bar Foundation E. Thomas Sullivan David A. Collins, Chair Andrew M. Schpak Burlington, VT Ellen J. Flannery Portland, OR Executive Committee George S. Frazza Walter L. Sutton, Jr. E. Thomas Sullivan David A. Collins, Chair Dallas, TX Kay H. Hodge Burlington, VT Ellen J. Flannery Kathleen Hopkins George S. Frazza David B. Wolfe Walter L. Sutton, Jr. David S. Houghton Livingston, NJ Dallas, TX Kay H. Hodge Walter L. Sutton, Jr. David S. Houghton Special Advisors Cara Lee Neville Wm. T. Robinson III Lauren Stiller Rikleen Walter L. Sutton, Jr. Mark Suchman Special Advisors Kathleen J. Hopkins Lauren Stiller Rikleen Mark Suchman

www.americanbarfoundation.org • 2015 Annual Report 3 Fellows Research Advisory Committee

Mission The Fellows Research Advisory Committee serves as a bridge between the research program of the American Bar Foundation and the profession, including the practicing bar, the judiciary, and legal education. Through interaction with the researchers and the leadership of the ABF, the Committee strives to bring the interests and concerns of the legal profession to the attention of ABF researchers and to inform the profession about the breadth and quality of ABF research through seminars and other activities.

Members Emeritus Michael H. Byowitz, Chair Members Wachtell, Lipton, Rosen & Katz Jacqueline Allee New York, NY Coconut Grove, FL Honorable Cara T. Neville (Ret.), Ellen J. Flannery Immediate Past Chair Covington & Burling LLP Benchmark National ADR LLC Washington, D.C. Minneapolis, MN Amelia H. Boss Thomas R. Kline School of Law, Drexel University Philadelphia, PA Don De Amicis James E. Rogers College of Law, University of Arizona Tucson, AZ Michael E. Flowers KBK Enterprises Columbus, OH Sharon Stern Gerstman Magavern Magavern Grimm LLP Buffalo, NY Honorable Denise R. Johnson (Ret.) Vermont Supreme Court Montpelier, VT Graydon Dean Luthey, Jr. GableGotwals Tulsa, OK Robert E. Lutz II Southwestern Law School Los Angeles, CA Honorable Delissa A. Ridgway United States Court of International Trade New York, NY Kevin L. Shepherd Venable LLP Baltimore, MD

4 American Bar Foundation • www.americanbarfoundation.org Past Presidents of the American Bar Foundation

2012–2014 Hon. Bernice B. Donald 2010–2012 William C. Hubbard 2008–2010 Richard Pena 2006–2008 David K.Y. Tang 2004–2006 Robert O. Hetlage* 2002–2004 M. Peter Moser* 2000–2002 Jacqueline Allee 1998–2000 Kenneth J. Burns, Jr.* 1996–1998 Robert MacCrate 1994–1996 John C. Deacon* 1992–1994 Robert W. Bennett 1990–1992 Wm. Reece Smith, Jr.* 1988–1990 H. William Allen 1986–1988 Randolph W. Thrower* 1984–1986 F. Wm. McCalpin* 1982–1984 Seth M. Hufstedler 1980–1982 John J. Creedon 1978–1980 Robert W. Meserve* 1976–1978 Bernard G. Segal* 1974–1976 Maynard J. Toll* 1971–1974 Hon. Erwin N. Griswold* 1968–1971 Lewis F. Powell* 1965–1968 Ross L. Malone* 1964–1965 William T. Gossett* 1960–1964 Whitney North Seymour* 1959–1960 John D. Randall* 1958–1959 Ross L. Malone* 1957–1958 Charles S. Rhyne* 1956–1957 David F. Maxwell* 1955–1956 E. Smythe Gambrell* 1954–1955 Loyd Wright* 1953–1954 William J. Jameson* 1952–1953 Robert G. Storey* (Elected the first president on November 21, 1952) * Deceased

www.americanbarfoundation.org • 2015 Annual Report 5 Report of the Director: Ajay K. Mehrotra

It is a tremendous honor and pleasure for me to write my first Annual Report Letter as Director of the American Bar Foundation (ABF). It is an even greater privilege to return home to the research institute that helped launch my academic career nearly 15 years ago. Although I have been away for some time, I had the good fortune this past summer of learning from my predecessor Robert Nelson about the ABF’s many intricacies and achievements. I am deeply indebted to Bob, our faculty and staff, and our board, particularly our current Board President Dave Collins, for their warm welcome and generous assistance in helping me with the transition to Chicago and my new administrative role. As everyone knows, these are challenging times for our system of law and justice. From the turmoil over the U.S. criminal justice system to the international attempts to build and maintain the rule of law to the on-going concerns about economic, racial, and gender inequality, our existing legal system is at the center of nearly all of our current social concerns. For many of us, though, the law paradoxically is both the cause and the aspirational solution to many of these concerns. Yet, before we can solve these and other important social and legal problems, we must first understand how and why they exist. We must first understand how the law works in society before we can try to improve it. This is where ABF research has its greatest impact. As one of the world’s premier research institutes for the study of law, legal institutions, and legal processes, the ABF has long been at the forefront of interdisciplinary and empirical research on law in action. Indeed, our research continues to tackle the most challenging and vexing topics of the day. From our analysis of how early childhood interventions can stem the school-to-prison pipeline to our studies on the social consequences of parental incarceration, we are presently producing some of the most innovative assessments of our criminal justice system. Likewise, our Center on Law & Globalization continues to investigate the role that legal actors and institutions play in facilitating or frustrating the rule of law, from the work of activist Chinese lawyers to the making of new constitutions and new measures of international justice to the global spread of health care norms. Similarly, our multiple projects on law, diversity, and equality are exposing the existing disjuncture between the promise of justice and the reality of our legal system. Our research in employment discrimination, hate speech, jury deliberations, and end-of-life decision making all demonstrate the benefits of sophisticated, sustained, empirical and interdisciplinary research. Finally, and perhaps most importantly, the ABF remains committed to its long-standing study of the legal profession. As a result, our projects on the career satisfaction of lawyers, on the financing of legal education, and on curricular reforms and career trajectories within the legal academy remain some of our finest work. In the years to come, the ABF will continue to build on these areas of research strength and explore new initiatives, like our recently established project on The Future of Latinos in the United States. Thanks to the generous support of the American Bar Endowment, the ABF Fellows, and institutions like the National Science Foundation, the ABF will continue the explore the legal underpinnings of our society’s greatest challenges. Ajay K. Mehrotra

6 American Bar Foundation • www.americanbarfoundation.org Highlights

A Focus on Minority Communities The Fellows of the American Bar Foundation’s research seminar, “Perspectives on Race, Communities, and Policing in Twenty-first Century America,” presented at the ABA Annual Meeting in Chicago, brought scholars together with law enforcement and social activists to examine procedural justice and community policing. Panelists included Tracey Meares, Walton Hale Hamilton Professor of Law, Yale Law School; Member, President’s Task Force on Twenty-First Century Policing; Craig Futterman, Clinical Professor of Law, ; Garry McCarthy, former Superintendent, Chicago Police Department; Brittany Packnett, Executive Director, Teach For America, St. Louis; Member, President’s Task Force on Twenty-First Century Policing; Sean Smoot, Director and Chief Counsel, Police Benevolent & Protective Association of and the Police Benevolent Labor Committee; Member, President’s Task Force on Twenty-First Century Policing. The panel was moderated by Peggy Davis, Chief Officer of Programs and Strategic Integration at the Chicago Community Trust. Building on the insights of the panel, and continuing their collaboration with the ABF, the Chicago Community Trust has engaged ABF to provide research and consultation, under the direction of ABF Director Emeritus Robert L. Nelson, on the project “Tackling Chicago’s Race Narrative.” On Saturday, February 7, 2015, The Fellows presented the CLE program, “Communities in Top: Tracey Meares of Yale Law School speaks at the Fellows CLE program, “Race, Communities and Policing in 21st Century America,” at the ABA Annual Crisis: The Effects of Immigration Law and Politics Meeting in Chicago. Panel moderator Peggy Davis of the Chicago Community on American Communities,” at the Midyear Meeting Trust sits at Meares’s right. of the American Bar Association. Two ABF-affiliated Bottom: U.S. Border Patrol agents look for illegal immigrants crossing the U.S.-Mexico border on December 7, 2010 near Nogales, Arizona. The Fellows researchers, Jamie G. Longazel, Assistant Professor CLE at the ABA Midyear Meeting covered the topic of “Communities in Crisis: of Sociology at the University of Dayton and 2009- The Effects of Immigration Law and Politics on American Communities.” 11 American Bar Foundation Law and Social (Photo by John Moore/iStock by Getty Images) Science Doctoral Fellow; and Patrisia Macias-Rojas, Assistant Professor of Sociology, University of Illinois Law & Governance at the University of Houston, at Chicago, and ABF visiting scholar, presented a leading scholar on the effects of immigration law original research on two communities deeply affected on education; Christina A. Fiflis, Founding Partner by immigration politics and policies: Hazleton, of Fiflis Law LLC and Chair of the American Bar Pennsylvania, and the Arizona-Sonora border region. Association Commission on Immigration; and Ana Longazel and Macias-Rojas were joined by Michael A. Kocur, Deputy Director of the Executive Office for Olivas, the Williams B. Bates Distinguished Chair of Immigration Review. The panel was moderated by Law, and Director of the Institute of Higher Education the Honorable Delissa A. Ridgway.

www.americanbarfoundation.org • 2015 Annual Report 7 Highlights

In her role as the The Future of Latinos in the United inaugural William States: Law, Opportunity and Mobility H. Neukom Fellows After the successful campaign of 2013-14 to raise Research Chair in Diversity and Law, funds to endow a research chair ABF was pleased Professor Rachel Moran to appoint Rachel Moran, Michael J. Connell is spearheading a major research project at ABF, Distinguished Professor of Law and Dean Emerita, entitled “The Future of UCLA School of Law as the inaugural William H. Latinos in the United Neukom Fellows Research Chair in Diversity and States: Law, Opportunity and Mobility.” In addition Law. In her role as Neukom Chair, Moran will help to the Neukom Chair, launch a major research project at ABF, entitled Moran is Dean Emerita and Michael J. Connell “The Future of Latinos in the United States: Law, Distinguished Professor Opportunity and Mobility.” The project is a nation- of Law at UCLA School wide, interdisciplinary research initiative devoted of Law. (Photo courtesy of to understanding UCLA School of Law) • the current condition of Latinos in the United States, • the structural barriers that impede full equality and integration for this emerging population, of our communities, the strength of our economy, and • the sites of intervention that promise to be most the representativeness of our democracy. The project impactful in promoting opportunity and mobility aims to generate findings that can be converted into through law and policy. concrete recommendations for reform that can be The project is a forward-looking one with a readily utilized by organizations and individuals to mission of ensuring the flourishing of the Latino effect change. Said Moran, “The Neukom [Chair] population as a means of safeguarding the wellbeing offers an unprecedented opportunity to do urgent and important work that advances equal justice even as inequality rises in the United States. Addressing the “ The Neukom Chair offers an unprecedented needs of the growing number of Latinos in our country opportunity to do urgent and important work is one such effort. Projected to make up 30 percent that advances equal justice even as inequality of the nation’s population by the year 2050, Latinos rises in the United States. Addressing the will find either a bright future or blocked opportunity needs of the growing number of Latinos in our depending on the and policies that we adopt in the coming years…Our profession’s reputation for country is one such effort. Projected to make serving the greater good will be shaped in significant up 30 percent of the nation’s population by degree by how we rise to critical challenges like the year 2050, Latinos will find either a bright this one.” future or blocked opportunity depending on While the ABF has done a significant amount the laws and policies that we adopt in the of research on Latinos in various projects by doctoral coming years… Our profession’s reputation fellows, visiting scholars, and the research faculty, we for serving the greater good will be shaped see an opportunity to make a substantial additional contribution in this area. In the spring of 2015, ABF in significant degree by how we rise to critical Director Robert Nelson and ABF Board member challenges like this one.” Justice Mariano-Florentino Cuéllar, of the California —Rachel Moran Supreme Court and Stanford Law School, took the Michael J. Connell Distinguished Professor of Law and Dean Emerita UCLA School of Law lead in convening a national advisory group of some Life Patron Fellow, American Bar Foundation leading figures in research on legal issues facing the William H. Neukom Fellows Research Chair in Diversity and Law Hispanic community. The group includes

8 American Bar Foundation • www.americanbarfoundation.org Clockwise from far left: Outgoing ABF Director Robert L. Nelson shakes hands with incoming Director Ajay K. Mehrotra at a dinner in Nelson’s honor in Chicago in April. Nelson continues at ABF as MacCrate Research Chair in the Legal Profession and Director Emeritus, and is working with Rachel Moran to develop the Future of Latinos in the United States project. Robert Nelson (left) and ABF Board Chair David Collins enjoy a light moment at the dinner in Nelson’s honor. At the ABA Annual Meeting in Chicago, Nelson received a personal letter from U.S. Supreme Court Associate Justice , acknowledging his long service to the American Bar Foundation. Current and former directors of the ABF, left to right: Bryant Garth, Robert L. Nelson, Ajay K. Mehrotra, John P. Heinz.

• Nancy Andrade, ABA Hispanic Commission disparities for Latinos; the treatment of Hispanic • Jennifer Chacon, UC Irvine School of Law Americans in the criminal justice system; • Maria Echaveste, Chief Justice Earl Warren Institute • the determinants of Latino participation in on Law and Social Policy, UC Berkeley Law politics; the opportunities for legal and judicial • Lilia Fernandez, The Ohio State University, careers by Hispanic Americans; and the Department of History distinctive impacts of various fields of law on • Luz Herrera, ABA Hispanic Commission and Latinos, such as the complexities of child custody UCLA School of Law hearings given language barriers and other • Dean Kevin Johnson, UC Davis School of Law challenges to equal treatment in court. • Douglas Massey, Princeton University, Sociology The national advisory group met at the Center Department for Advanced Study in the Behavioral Sciences at • Alfonso Morales, University of Wisconsin, Urban Stanford University on May 4th. The Center has and Regional Planning expressed interest in engaging in joint fundraising • Dean Rachel Moran, UCLA School of Law for the project. • Dean Daniel Rodriguez, Dean Moran and Robert Nelson are planning School of Law a series of regional roundtables to discuss issues of • Cristina Rodriguez, Yale Law School Latinos and Law, commencing with a meeting in • Gary Segura, Stanford University, Department Chicago in June 2016. Subsequent roundtables will of Political Science be held in Among several fundamental issues the group has • Stanford, CA identified as possible research topics are • New Haven, CT • the role of US immigration law in affecting • Miami, FL the quality of life of the Hispanic-American • Texas population; The series of roundtables will culminate in a • the role of law in creating educational national summit in Washington, D.C. opportunities and addressing educational

www.americanbarfoundation.org • 2015 Annual Report 9 Highlights

Service to and Collaboration with the Legal Community The Future of Legal Services ABA Immediate Past President William Hubbard’s Commission on The Future of Legal Services, co- chaired by Judy Perry Martinez and Andrew Perlman, is drawing on the work of several ABF scholars. ABF Director Emeritus Robert Nelson was an early advisor on the effort and served as a special advisor to the Data Working Group. The Commission has circulated a report from ABF Faculty Fellow Rebecca Sandefur from her ABF project, the Community Needs and Services Survey. Professor Renee Knake, who was a Visiting Scholar at the ABF in 2015, is serving as Terence Halliday was a panelist at a session on money laundering during World Bank Law, Justice and Development Week, November 16-20, 2015 in Reporter to the Commission. ABF Affiliated Scholar Washington, D.C. Co-sponsored by the ABA Section of International Law and David Wilkins is serving as a special advisor to the the World Bank, the panel was organized by the Hon. Delissa A. Ridgway, Judge of the United States Court of International Trade. Left to right: Jody Commission. Myers, Vice President, Compliance Department, Western Union Company; Jean Denis Pesme, Practice Manager, Global Practice, Finance and Markets, Task Force on the World Bank; Jonathan Turley (moderator), J.B. and Maurice C. Shapiro Cost of Legal Education Professor of Public Interest Law, George Washington University Law School; Richard Lalonde, Senior Financial Sector Expert and Coordinator, Anti-money ABF Research Professor Stephen Daniels served as Laundering and Combating the Financing of Terrorism (AML/CFT) Assessment consultant to the ABA Task Force on the Financing Program, IMF, Terence Halliday, American Bar Foundation. of Legal Education. The task force was appointed by ABA Past President James R. Silkenat in May 2014. The task force was charged with looking at the cost of legal education for students, the financing of law schools, student loans, and educational debt. It considered current practices of law schools regarding the use of merit scholarships, tuition discounting, and need-based aid. Dennis W. Archer served as Chair. Professor Daniels conducted research and data analysis on issues in the Task Force’s charge, made presentations to the Task Force at its meetings on research and analysis, and contributed to its Report, which was published in June of 2015 (available at http://www.americanbar.org/groups/legal_education/ The American Bar Endowment is the American Bar Foundation’s largest and committees/aba-task-force-on-the-financing-of-legal- longest term supporter. ABE’s support is crucial to the ABF’s ability to conduct and disseminate world-class research on law and its relationship to society. education-.html). Left to right: Ajay K. Mehrotra, Anthony (Tony) Patterson, Ellen Flannery, Martha Barnett, Robert L. Nelson. Research on Women in Litigation The ABF and the ABA Commission on Women in the Profession collaborated on a study that addresses the question of whether women are playing lead roles on litigation matters at the same rate as men. The project drew a large random sample of cases from the

10 American Bar Foundation • www.americanbarfoundation.org Northern District of Illinois. It coded cases so as to: (a) obtain benchmark statistics about the role of women in substantial cases, where federal issues or substantial damages are at stake, and (b) identify characteristics of cases, law firms, and clients that may affect any perceived differences in roles played by women and men in litigation. Commission on Women members Stephanie A. Scharf and Roberta D. Liebenberg co-authored a research report titled “First Chairs at Trial: More Women Need Seats at the Table, A Research Report on the Participation of Women Lawyers as Lead Counsel and Trial Counsel in Litigation.” In addition to sharing the cost of the research with the Commission on Women, the ABF consulted on the research design, former ABF Doctoral Fellow Jennifer Woodward performed the data collection and preliminary analysis, and former ABF Director Robert Nelson provided substantive comments on report drafts. Shortly after the report was published, it was cited in a court decision sanctioning a male attorney for professional misconduct for sexist and discriminatory comments made to a female attorney ABF Doctoral Fellow Joshua Kaiser (left) and Research Professor Shari Diamond during a March 19, 2015 deposition in Cruz-Aponte spoke at the Twelfth Annual Wiley A. Branton/Howard Law Journal Symposium at et al. v. Carribbean Petroleum Corp. et al., case Howard University School of Law on October 29, 2015. John Felipe Acevedo, Visiting Assistant Professor, Barry University Dwayne O. Andreas School of Law, sits between number 3:09-cv-02092 in the U.S. District Court Kaiser and Diamond. Dean of the School of Law Danielle Holley-Walker, who as an for the District of Puerto Rico. undergraduate spent the summer of 1995 at ABF as a Montgomery Summer Research Diversity Fellow, introduced the speakers. (Photos by Marvin T. Jones & Associates) Cultivating a Responsive, Productive Community of Scholars Doctoral Fellows In Fall 2015 new Doctoral Fellows Amanda Hughett (Duke University), Andrea Miller (University of Minnesota) and Matthew Shaw (Harvard University) joined continuing Fellows Andrew Baer, and Joshua Kaiser. Hughett’s dissertation, entitled “Silencing the Cell Block: The Making of Modern Prison Policy in North Carolina and the Nation,” examines how prison administrators, elected officials, lawyers, and Research Professor James J. Heckman presented some recent judges reshaped corrections practices in response to findings on the social and economic benefits of early childhood the prisoners’ rights movement of the 1970s. Andrea education at the spring ABF Board meeting, April 23, 2015. Miller’s dissertation, “The separate spheres model of family responsibilities discrimination,” focuses on the ways in which social-psychological processes interact

www.americanbarfoundation.org • 2015 Annual Report 11 Highlights

with the law to create prejudice, discrimination, and inequality. Matthew Shaw’s dissertation “DREAMbuilders: The Impact of In-State Resident Tuition Policies on Undocumented Student College Enrollment and Graduation,” examines the effect of state-level laws and policies on undocumented students’ college enrollment and Bachelor’s degree attainment. Montgomery Summer Research Diversity Fellows In June, ABF welcomed four undergraduates to the Montgomery Summer Research Diversity Fellowship program. In residence for eight weeks, the Fellows The 2015 Montgomery Summer Research Diversity Fellows visited Ruben Castillo, Chief Judge for the United States District Court for assisted ABF Research Professors with their research, the Northern District of Illinois, in his chambers. visited local judges, courthouses, ABA Chicago headquarters and other venues where they were able to observe the justice system in action. Faculty Activities and Recognition In addition to many articles in peer-reviewed journals and law reviews, two major books were published by ABF faculty in 2015. Stephen Daniels and Joanne Martin released Tort Reform, Plaintiffs Lawyers, and Access to Justice (University of Kansas Press, 2015). Daniels and Martin, an American Bar Foundation Research Professor Emerita and Director of Administrative Services for the American Bar Endowment, examine the consequences of tort reform activity for plaintiffs’ lawyers and what reform means for access to justice for ordinary people. ABF Research Professor John Hagan’s Iraq and the Crimes of Aggressive War: The Legal Cynicism of Criminal Militarism (Cambridge University Press, 2015), co- Research Professor Shari Diamond, with ABF President David Collins, authored with ABF Doctoral Fellow Joshua Kaiser in the Theodore Levin U.S. Couthouse, Detroit, MI, after Diamond’s along with Anna Hanson, is an account of violations June 19 presentation to the Michigan Fellows on her jury research. of international criminal law committed during the United States invasion of Iraq. Taking stock of the entire war, it uniquely documents the overestimation of the successes and underestimation of the failings of the Surge and Awakening policies. In June 2015, the ABA commemorated the 800th anniversary of the signing of the Magna Carta with special events in London and at Runnymede. In response to a call for proposals on CLE programs, the ABA received 54 submissions for 16 time slots.

12 American Bar Foundation • www.americanbarfoundation.org Among those chosen was an ABF proposal submitted by ABF Researcher and University of Chicago Law Professor Tom Ginsburg, entitled “The Enduring Influence of the Magna Carta on Contemporary Constitutions.” Ginsburg is one of the world’s leading experts on comparative constitutions. His team has built a database that includes the full text of all constitutions written since 1788. He has made this content available online as a resource for scholars and policymakers seeking to analyze or write constitutions. Ginsburg also addressed the Sixth Circuit Judicial Conference in Detroit in May on his Magna Carta research. On September 24 in Cologne, Germany, the German Criminological Society awarded its Cesare Beccaria Medal in Gold to John Hagan, the MacArthur Professor of Sociology and of Law at Northwestern University and Co-Director of the Center on Law & Globalization at the American Bar Foundation. The award is named for the author of a classic 1764 essay, Of Crimes and Punishments, which has been called “the most significant contribution to Western criminal law.” Professor Hagan delivered a plenary address based on his recently published book, Iraq and the Crimes of Aggressive War. ABF Faculty Fellow Rebecca Sandefur was recognized as a Public Interest Honoree by the National Center for Access to Justice in its Inaugural Benefit for Justice, June 22, 2015, in New York City. In the words of David Udell, NCAJ Executive Director, the evening was “dedicated to the important role of data and performance measurement in securing justice system reform, and we [will] honor your leadership role in this movement.” Sandefur has been conducting empirical research on access to justice in her NSF/ABF funded project the Community Needs and Services Study. With funding from the Public Top: 2014-15 Fellows Chair Kathleen J. Hopkins addresses Fellows Welfare Foundation, she also has been collaborating gathered at the Fellows Dinner Gala, celebrating the 800th anniversary with the National Center on State Courts on of the signing of the Magna Carta, in London. evaluations of Limited License Legal Technicians in Middle: Research Professor John Hagan accepts the Cesare Beccaria Medal in Gold from Professor Frank Neubacher, President of the German the State of Washington and housing court aides in Criminological Society on September 24, 2015 in Cologne, Germany. The New York City. Preliminary findings from the latter Beccaria Medal in Gold, a lifetime achievement award, is given to scholars were presented at the ABA/NLADA Equal Justice who have demonstrated excellence in research or teaching in the field of criminology, or for accomplished practitioners who have worked to prevent Conference in Austin, Texas in May. or investigate crime, or to rehabilitate offenders. Bottom: Faculty Fellow Rebecca Sandefur was recognized as a Public Interest Honoree by the National Center for Access to Justice in its Inaugural Benefit for Justice, June 22, 2015, in New York City.

www.americanbarfoundation.org • 2015 Annual Report 13 Research Program

Research at the ABF is conducted by a residential research faculty and over fifty affiliated scholars from across the nation and the world. In the following areas and more, the ABF has been recognized as a thought leader and a source of research that is shaping policy. The findings from ABF research presented below are representative, but by no means exhaustive of ABF’s collective research efforts and achievements.

Access to Justice and • 70% of households report at least one “justiciable” legal problem. Public Interest Lawyering • Only 4% of those households consult a lawyer ABF Faculty Fellow Rebecca Sandefur, with funding about the problem. from the Legal Services Corporation and Friends of • The main reason for not consulting a lawyer in Legal Services, produced the first comprehensive such cases is lack of recognition that the issue is mapping of civil legal assistance across all 50 states. a legal one; cost is not the main barrier. Her findings show that In addition, in a project funded by the Public • Diversity and fragmentation combine to create an Welfare Foundation, Sandefur is collaborating with access to civil justice infrastructure characterized the National Center for State Courts in research that by large inequalities both between states and is evaluating whether experiments in Washington and within them. New York states, where non-lawyers are handling some With support from the National Science aspects of cases traditionally handled by lawyers, are Foundation, Sandefur is continuing her research by effective in helping to close the “justice gap.” conducting the Community Needs and Services Study, an in-depth study of civil legal needs and services in a Civil Justice and mid-size American community. Early results show that Dispute Resolution ABF Research Professor Shari Seidman Diamond’s research on video tapes of deliberations of jurors in 50 real civil trials in the State of Arizona has yielded a wealth of findings indicating that • Jurors who are allowed to discuss the case as the trial progresses show better accuracy of recall, and report greater comprehension of expert testimony. • Questions submitted by jurors during trials reveal that jurors are intensely aware of the adversarial nature of the trial process, and are attempting to check and gather information to clarify competing claims, rather than advocating for one side or another. • When jury instructions fail, they do so primarily in ways that are ignored in debates about juries and law. As a member of the American Bar Association’s ABF Faculty Fellow Rebecca Sandefur American Jury Project, Professor Diamond helped draft the Principles for Juries and Jury Trials, which were adopted in 2005. Diamond’s research has been incorporated into the evaluation and training programs of the Federal Judicial Center.

14 American Bar Foundation • www.americanbarfoundation.org Criminal Justice Research is being carried out at the ABF examining the effects of mass incarceration on individuals, families and communities. With funding from the National Science Foundation, ABF Research Professor John Hagan is engaged in a multi-phase research project examining the social effects of mass incarceration. A recently concluded phase of the project has revealed that • More than 3 million American children have an incarcerated parent. • The overall U.S. college graduation rate of 40% drops to 1-2% among children of mothers who are imprisoned and to about 15% for children of imprisoned fathers. • Even if their own parents are not imprisoned, when children go to schools where 10-20% ABF Research Professor Traci Burch of other parents are imprisoned, the college graduation rate drops by half. ABF was awarded a National Science Foundation blacks were 4.25% longer than those of whites, grant to fund a conference on the policy implications even when controlling for criminal history and of parental incarceration, which was held at the other relevant factors. Executive Office Building in Washington, D.C. in • In the same sample, sentences of blacks with August, 2013, and which brought together leading “light” complexions were the same length as researchers in the field. In part based on research those for whites. such as Hagan’s, new policy developments have • Sentences for blacks with “medium” and “dark” come about in this area, as Attorney General Holder complexions were 4.8% longer than those for announced changes in Justice Department policy on whites and “light” complected blacks. seeking incarceration for non-violent drug offenders. Recent research conducted by ABF Research Recently, the U.S. Sentencing Commission reduced Professors Laura Beth Nielsen and Robert L. Nelson, its mandatory sentencing guidelines for certain non- with Amy Myrick, considers how race may play a role violent drug offenses. in plaintiffs’ ability to find a lawyer. Examining racial patterns of lawyer use in employment discrimination Law, Diversity, cases, the investigators find that and Equal Justice • African Americans are 2.5 times more likely than ABF Research Professor Traci Burch, a member of white plaintiffs to file employment discrimination ABF’s Research Group on Legal Diversity, has studied cases pro se, or without a lawyer. Other racial the relationship of skin color and disparities in minorities, including Hispanics and Asians, are criminal sentencing in Georgia, a state that classifies 1.9 times more likely to file pro se than their white inmates by skin color as well as race. Early unpublished counterparts. findings indicate that • Lack of information about the legal system, lack of • “Colorism”—prejudice based on lightness/ trust in lawyers and their motives, and lack of time darkness of skin—plays a role in sentence length. and resources to go through the arduous process of • Overall, in Georgia, in the years 1995-2002 in a searching for a lawyer are all “bottom up” factors sample of 67,379 convicts, criminal sentences of that contribute to the disparity in representation.

www.americanbarfoundation.org • 2015 Annual Report 15 Research Program

Law, Health, and on early childhood education by saying “Every dollar we invest in high-quality early education can Human Development save more than seven dollars later on—by boosting ABF Research Professor and Nobel Laureate graduation rates, reducing teen pregnancy, even economist James J. Heckman is engaged in a multi- reducing violent crime.” Obama again referenced year study of the economics of human potential. His Heckman’s research in the 2014 State of the Union research has shown that investment in early education address. and healthcare for disadvantaged children from birth In December 2014, Heckman participated in a to age 5 helps increase the likelihood of healthier White House summit on the importance of early lifestyles. Heckman has shown that childhood education for later success in school and • Disadvantaged children who receive quality adulthood. Heckman presented research that identifies early healthcare and education are more likely the immense value of early childhood education, as to demonstrate self-control, follow doctors’ well as the finding that the development of social skills instructions and lead healthier lives as adults. and character are just as important as IQ for a child to Heckman has also demonstrated that early succeed in adulthood. President Obama also addressed childhood education helps the summit, as well as Secretary of Education Arne • Reduce the achievement gap Duncan. ABF Research Professor Susan Shapiro, using • Reduce the need for special education unprecedented data from two years of observation in • Lower the crime rate two intensive care units at a major urban teaching • Every dollar invested in high-quality early hospital, is examining how surrogate decision makers childhood education produces a 7 to 10 percent make medical—often end of life—decisions for per annum return on investment. patients unable to speak for themselves. Thus far, In his State of the Union address on February 12, Shapiro’s real-time observations of medical decision 2013, President Obama alluded to Heckman’s research making offer a very different perspective on the effectiveness of advance medical directives than that suggested in previous research based on retrospective “ The ABF does more than just support the empirical accounts. In particular study of law. It provides practicing attorneys with • Medical advance directives are of limited value statistics and evidence that inform everything from as few people have them, and those that exist are litigation strategy to jury instructions to one’s likelihood often ignored by decision makers and physicians. of success on a motion for summary judgment. I • Advanced directives are not followed for a variety personally have used the ABF’s research in settlement of reasons, including discussions with opposing counsel to provide —the directive not being in the patient’s chart objective evidence of a case’s settlement value. —the directive not accurately reflecting the The ABF also focuses heavily on criminal and social patient’s wishes justice, and its research supports everything from —the directive being too abstract to provide ABA policy to state and federal legislation. We are meaningful guidance fortunate to have the ABF to take the lead on large- —the surrogate decision makers not following scale empirical research projects on the most pressing the directive issues facing the world, and we all benefit from having • At present, given the limitations of advance such sound research and results to use as the basis directives, the best protection for potential for policy analysis and advocacy.” patients is to have a family member who is designated to be aware of the patient’s wishes —Andrew M. Schpak Partner, Barran Liebman, LLP, Portland, Oregon and to honor them.

16 American Bar Foundation • www.americanbarfoundation.org Legal Education ABF Research Professor Stephen Daniels, with Martin Katz and William Sullivan of the University of Denver Sturm College of Law, has recently surveyed a representative sample of law schools about new curricular initiatives, finding that • All responding schools started at least one major curricular initiative since 2001. Most prominent were initiatives involving lawyering skills (96%) and new clinics (81%). • Only 24% of responding schools reported a new initiative related to hiring criteria supporting innovation. • Just 19% of schools reported an initiative related to the criteria for tenure. • The schools active in the area of faculty incentive structures are more likely to also invest in faculty development supporting the integration of legal analysis, skills, and professionalism (as male respondents. In the same sample, 65.5% of recommended in the influential 2007 Carnegie male respondents were equity partners compared Foundation report, Educating Lawyers: Preparation with 53% of female respondents. for the Profession of Law), and to implement • 76% of respondents indicated they were curricular initiatives involving the second and “moderately” or “extremely” satisfied with their third years along with professionalism. decision to become a lawyer. When asked whether • The beginnings of these innovations predated the law school was a “good career investment,” on a economic downturn, suggesting that law schools 1 to 7 scale, with 4 meaning “neither agree nor were not simply responding to the decline in the disagree,” the mean score was 5.46, indicating a law market, though the economic downturn of relatively positive assessment. 2008 did appear to hasten innovation in some ABF Research Professor Stephen Daniels and instances. collaborator Joanne Martin have studied the impact of tort reform in Texas, and find deleterious effects Legal Profession both on the Texas bar and on ordinary citizens’ access The ABF long has been recognized as the leading to the civil legal system. Among other findings, source of research on the legal profession. Among Daniels and Martin report that current projects is After the JD (AJD), the first • Tort reform has a differential impact across the national study of legal careers. AJD is following a hierarchy of Texas plaintiffs’ lawyers. With less large national sample of lawyers admitted to the bar compensation for lawyer-to-lawyer referrals, cases in 2000 over the first 12 years of their careers. AJD are less likely to move to the lawyers—often is a unique source of information on the changing specialists—best able to handle them. nature of lawyers’ careers. Recent findings include • Caps on non-economic damages in medical • The gender gap in pay persists. In 2012, female malpractice cases, another feature of tort reform in respondents working full time earned 80% of the Texas, create a disincentive to lawyers taking cases pay reported by male respondents. from elderly clients or others who may experience • In 2012, 52.3% of female respondents working in minimal economic damages—the “hidden law firms were partners, compared with 68.8% of victims” of tort reform.

www.americanbarfoundation.org • 2015 Annual Report 17 Research Faculty

Traci Burch Ph.D., Government and Social Policy, Harvard University Joint Appointment: Associate Professor of Political Science, Northwestern University Research Interests: political participation, political inequality, social policy Current ABF Project Research on police accountability (project under development)

RESEARCH PROFESSORS Stephen Daniels Ph.D., Political Science, University of Wisconsin Research Interests: law and public policy; components of the U.S. civil justice system; legal education; U.S. Supreme Court/Constitutional Law. Research has addressed curricular innovation in U.S. law schools, legal services for the poor, public opinion on the legal system, plaintiffs’ lawyers, juries, trial courts, and the politics of tort reform, including the areas of medical malpractice, products liability, and punitive damages. Current ABF Projects Patterns and Changes in Legal Education: Issues of Cost, Curriculum, and Access Analyzing patterns and changes in legal education, with an emphasis on cost, debt, innovation, and diversity in the wake of the Great Recession. Licensed Legal Practitioners & the Justice Gap An examination of the rise of licensed legal practitioners as a response to the justice gap, with nurse practitioners as a model.

Shari Seidman Diamond Ph.D., Social Psychology, Northwestern University; J.D., University of Chicago Joint Appointment: Howard J. Trienens Professor of Law and Professor of Psychology, Northwestern University, Pritzker School of Law Research Interests: legal decision-making, including conflicts between expertise and impartiality; discretion and control; equality and individuation; and science and law. Research addresses how these conflicts influence jury and judicial decision-making, how juries grapple with evidence and the law, judgments about fairness, and how courts use and fail to make use of scientific evidence. Current ABF Project Building on the Arizona Filming Project (with Mary R. Rose and Beth Murphy) This project was made possible by a unique opportunity to record real jury deliberations. The book currently under completion uses the deliberations of 50 civil trials to answer a variety of theoretical and policy-related questions about the jury, and to construct an in-depth picture of the deliberating jury. Topics covered in the analysis include reactions to expert testimony; the relationship between liability decisions and damage awards; the impact (and understanding) of judicial instructions; the influence of juror questions for witnesses on juror decision making; juror expertise and the use of personal experience in deliberations; the process of persuasion and compromise in jury deliberations; and the fractured boundary between common sense and bias.

18 American Bar Foundation • www.americanbarfoundation.org Research Professors

Tom Ginsburg Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D., Boalt Hall School of Law, University of California, Berkeley Joint Appointment: Leo Spitz Professor of Law and Professor of Political Science, University of Chicago Research Interests: the drafting, design, and implementation of national constitutions; international law and comparative public law. Current ABF Project Writing Rights: Innovation and Diffusion in National Constitutions This project examines the origins and diffusion of rights in national constitutions from 1789 to present, using new data from the Comparative Constitutions Project. Unlike the existing literature, which emphasizes international factors, we argue that domestic political factors and country characteristics (e.g., colonial heritage, prior entrenchment patterns, regime-type, domestic, etc.) are crucial in understanding the development and spread of constitutional rights institutions.

John Hagan Ph.D., Sociology, University of Alberta Joint Appointment: John D. MacArthur Professor of Sociology and Law, Northwestern University Research Interests: the intersection of international criminal law, war crimes, war resistance, mass incarceration, lawyers, and domestic criminality. Current ABF Projects Punishment Regimes and the Multi-Level Effects of Parental Imprisonment: Inter-Institutional, Inter-Generational and Inter-Sectional Models of Inequality and Exclusion (with Holly Foster) This study is designed to better understand the difference that parental incarceration makes in the life of an adolescent. American incarceration is four times larger than in the 1970s, six to ten times greater than in European and Scandinavian countries, and the majority of Americans who are imprisoned are parents. Working with data collected from the National Longitudinal Study of Adolescent Health, which includes information from over 2000 sons and daughters of fathers who have spent time in jail or prison during the peak growth years of incarceration in this country, the project will trace the impact of this parental imprisonment on their sons and daughters from mid- adolescence to early adulthood. The approach is intergenerational in linking imprisoned parents to children; inter-institutional in connecting state punishment regimes with local schools; and intersectional in differentiating outcomes along racial/ethnic and gender lines of inequality and exclusion. Crime, War and Wealth in Pre-and Post-Invasion Iraq The U.S. led invasion and occupation of Iraq by Coalition forces coincided with a transformation in crimes against persons and property. Drawing on three data sets outlining the experiences of a diverse sample of Iraqis in Baghdad and beyond, the research will assess whether and how in Iraq ethno-sectarian strong state repression was followed by a weak state in which fears about safety, protection, and resource needs in turn caused extensive sectarian looting and violent crime by gangs and militias. The combination of data sets available for this research allows a unique “new war” case study of the sectarian and economic consequences of violent crime in a kind of strong to weak state transition that may be increasingly replacing older forms of conflict.

www.americanbarfoundation.org • 2015 Annual Report 19 Research Faculty

Terence Halliday Ph.D., Sociology, University of Chicago Joint Appointment: Adjunct Professor of Sociology, Northwestern University Honorary Professor, School of Regulation, Justice and Diplomacy, Australian National University, and Fellow, College of Asia and the Pacific, Australian National University Research Interests: research on law and markets focuses on international trade law, with special reference to the ways in which international organizations create global norms in such diverse areas as corporate bankruptcy law, maritime law, secured transactions, anti-money laundering and combating the financing of terrorism. Research on globalization and politics analyzes degrees of activism by the

RESEARCH PROFESSORS legal complex (e.g., lawyers, judges, prosecutors, law faculty) to the protection of basic legal freedoms and advance of political liberalism worldwide. Current ABF Projects The Rise of Lawyer Activism in China (with Sida Liu) A study of the varieties of activism exercised by China’s lawyers in criminal defense, the protection of basic legal freedoms, and public interest causes, such as health, the environment, protection of women and children, and rule of law. Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China (with Sida Liu) This project undertakes a major empirical study on criminal defense lawyers and political liberalism in China using a combination of social science methods, including interviews, media analysis, archival research, and online ethnography.

James J. Heckman Ph.D., Economics, Princeton University Joint Appointment: Henry Shultz Distinguished Service Professor, Department of Economics and the College, University of Chicago Research Interests: understanding the origins of major social and economic questions related to inequality, social mobility, discrimination, the formation of skills and regulation in labor markets, and devising and applying economically interpretable empirical strategies for understanding and addressing these questions. Research is rooted in economics, but with active collaborations across disciplines to examine all aspects of major problems. Recent interdisciplinary research on human development and skill formation over the life cycle draws on economics, psychology, genetics, epidemiology, neuroscience, and law to examine the origins of inequality, the determinants of social mobility, and the links among stages of the life cycle, starting in the womb. Current ABF Project Analyzing the Influential Early Childhood Policies that are Proven to Promote Human Flourishing: Understanding Which Strategies Work (Including a Cost-Benefit Analysis) and Why This project will compare data from the four iconic early childhood programs with long-term (multi-decade) follow-up that are evaluated by the method of random assignment. The programs studied will be: (a) the HighScope Perry Preschool Project (PPP); (b) the Carolina Abecedarian Project (ABC) and the CARE program spun out of it; (c) the Nurse-Family Partnership program (NFP), and (d) the Infant Health and Development Program (IHDP). This project will support the development of dynamic mediation analyses to examine how each program affected parent-child interactions, child cognitive and noncognitive skills, health, and participation in crime as well as the responses of teachers to students in school. The project will also analyze failed programs as benchmarks in order to determine which features of successful programs contribute to their success.

20 American Bar Foundation • www.americanbarfoundation.org Research Professors

Carol A. Heimer (on leave, 2015–16) Ph.D., Sociology, University of Chicago Joint Appointment: Professor of Sociology, Northwestern University Research Interests: ; global and transnational sociology. Research has focused on the relationship between law and other systems of rules and norms; the diffusion of more legalistic forms of governance to healthcare (HIV clinics, infant intensive care units); and the diffusion and adaptation of rules as they flow across boundaries. Current ABF Projects The Legal Transformation of Medicine: How Rules Work in the International World of HIV/AIDS This book project uses ethnographic and interview data from HIV clinics in the US, South , Thailand, and Uganda to discuss the changing role of law in medicine. It argues that the legalization of medicine has had two main effects: a ratcheting up of people’s sense of obligation to each other as a result of the dialogue created by discussions of laws, regulations, and other kinds of rules, and an increased confusion about what clinic workers can and cannot do as a result of uncertainty about the provenance and variably binding character of the many rules governing clinic work. Punctuated Globalization: Law, Institutionalization, and Globalization in Medicine and Health Care This project will use the case of medicine and health care to look closely at how developments in law affect globalization. The legal regulation of health care is a useful arena in which to understand the various and subtle ways that law influences and is influenced by other institutional complexes (such as the pharmaceutical industry or medical research). By studying how globalization has unfolded in the various domains of health care, we can see better where law and legal actors have especially significant effects (for instance in giving legitimacy to needed changes) and where legal actors defer to or accommodate the professional practices and norms of medicine (for instance, to allow greater flexibility in adapting to local circumstances). The project decomposes health care into a series of domains, looking closely at each to see which parts of health care are more and which are less globalized, which participants are more and less globalized, and what role law plays in encouraging or discouraging the globalization of medicine and health care. The core hypothesis is that the pattern of unevenness in globalization—here termed “punctuated globalization”—in part reflects the cyclical processes of legal change, followed by adjustment to new legal regimes, in turn followed by further legal adjustments.

John P. Heinz Research Professor Emeritus, LL.B., Yale University Research Interests: the social structure of the legal profession, the political activity of lawyers, and interest group politics. A leading scholar of the legal profession, former Director of the ABF, and winner of the Harry J. Kalven, Jr. Award for Outstanding Scholarship in Law and Society, Professor Heinz has retired from teaching and research. He remains active in the ABF intellectual community and in Chicago civic and professional activities. He continues to write and publish on a variety of topics.

www.americanbarfoundation.org • 2015 Annual Report 21 Research Faculty

Steven D. Levitt (on leave, 2015) Ph.D., Economics, Massachusetts Institute of Technology Joint Appointment: William B. Ogden Distinguished Service Professor of Economics, University of Chicago Research Interests: crime, the criminal justice system, and corruption, and a wide variety of issues related to racial disparity and education. Current ABF Project Measuring the Impact of Crack Cocaine (with Roland G. Fryer, Jr.)

RESEARCH PROFESSORS This project is developing a statistical index to measure the extent to which crack cocaine can account for the adverse trends in many indicators of African American progress in major urban areas during the 1990s. It will shed light on important issues related to public policy and law. Among these issues are the extent to which the important social costs of crack are due primarily to the ingestion of crack per se, or rather to the prohibition of crack and the accompanying enforcement of the law.

Ajay K. Mehrotra ABF Director Ph.D., History, University of Chicago; J.D., Georgetown University Law Center Research Interests: tax law; legal history; the relationship between taxation and American fiscal state formation in historical and comparative contexts.

Elizabeth Mertz Ph.D., Anthropology, Duke University; J.D., Northwestern University, Pritzker School of Law Joint Appointment: John and Rylla Bosshard Professor of Law, University of Wisconsin Research Interests: language and law; legal education and legal profession; law professors’ professional lives; and how law translates the world around it; examination of these questions through the methods of anthropology and linguistics. Current ABF Projects Senior Status in the Legal Academy (with Katherine Barnes) This is the first national study of America’s law professors, focusing on the post-tenure time during which the bulk of professors’ professional careers take place. Starting with a stratified random sample and oversample of minority professors, it proceeded to a follow-up interview study of over 100 survey participants; results track many facets of law professors’ careers, including differences along lines of race and gender. The Law of Law Professors: In Their Own Voices A companion study to the “Senior Status” project, this research provides a more fine-grained and linguistically sophisticated perspective on today’s law professors in the U.S.. Data collected from written, online video, and interview sources are used to permit law professors to speak “in their own voices” about the law, law schools, and life within the American legal academy in this time. New Legal Realism: 10th Anniversary Conference (with University of California-Irvine Law School) The ABF has long been at the forefront of efforts to produce and translate high-quality social science for use by legal professionals and by people seeking justice through the legal system.

22 American Bar Foundation • www.americanbarfoundation.org Research Professors

The New Legal Realism Project, which has had important roots at the ABF since its inception and is now in its tenth year, has forged national and international connections to support such efforts. A 10th Anniversary conference held at University of California, Irvine School of Law brought scholars from diverse perspectives and countries together to formulate “best practices” for integrating empirical knowledge about law into legal training and thought.

Rachel F. Moran J.D., Yale Law School; Inaugural William H. Neukom Fellows Research Chair in Diversity and Law Joint Appointment: Michael J. Connell Distinguished Professor of Law and Dean Emerita, UCLA School of Law Research Interests: race, ethnicity, educational opportunity, and the law Current ABF Project The Future of Latinos in the United States: Law, Opportunity, and Mobility (with Robert L. Nelson) “The Future of Latinos in the United States: Law, Opportunity and Mobility” is a nation-wide, interdisciplinary research initiative devoted to understanding the current condition of Latinos in the United States, the structural barriers that impede full equality and integration for this emerging population, and the sites of intervention that promise to be most impactful in promoting opportunity and mobility through law and policy. The project is a forward-looking one with a mission of ensuring the flourishing of the Latino population as a means of safeguarding the wellbeing of our communities, the strength of our economy, and the representativeness of our democracy. We are committed to research that will make a difference: our aim is to generate findings that can be converted into concrete recommendations for reform that can be readily utilized by organizations and individuals to effect change.

Janice Nadler Ph.D., Social Psychology, University of Illinois; J.D., Boalt Hall School of Law, University of California, Berkeley Joint Appointment: Benjamin Mazur Summer Research Professor, Northwestern University, Pritzker School of Law Research Interests: social psychology and law, with focuses on compliance with the law; the psychology of property; perceptions of moral character and blame; and negotiation and conflict. Current ABF Projects Moral Judgment and the Psychology of Legal Blame This project proposes to empirically investigate three factors that are hypothesized to influence psychological blame: the actor’s motive, the actor’s character, and the victim’s character. A central aim of the project is to inform criminal law theory about the factors that motivate the reasoning of ordinary people when they make judgments about blame and punishment. The Probative Versus Prejudicial Effect of Gruesome Photographs in Court Courtroom images can influence beliefs, emotions, and judgments in ways that have never been empirically examined. This project will investigate how these emotionally evocative modes of visual evidence can affect the psychology of jurors’ decision making processes, through influence on emotions, attention to evidence, and legal judgments at the individual and group level.

www.americanbarfoundation.org • 2015 Annual Report 23 Research Faculty

Robert L. Nelson ABF Director Emeritus MacCrate Research Chair in the Legal Profession; Ph.D., Sociology, Northwestern University; J.D., Northwestern University, Pritzker School of Law Joint Appointment: Professor of Sociology and Law, Northwestern University Research Interests: the social organization of law practice and the relationship between law and social inequality. Research has addressed transformations in the legal profession, the role of corporate counsel, gender inequality, and employment discrimination.

RESEARCH PROFESSORS Current ABF Projects The Future of Latinos in the United States: Law, Opportunity, and Mobility (with Rachel F. Moran) Please refer to Rachel F. Moran’s entry for project description. After the JD (with Ronit Dinovitzer, Bryant Garth, Gabriele Plickert, and Joyce Sterling) The After the JD (AJD) project is an empirical study of a nationally representative cohort of almost 5,000 new lawyers. The AJD study design is longitudinal, following the careers of new lawyers over the first ten years following law school graduation; the first cohort of lawyers was surveyed in 2002- 03, the second in 2007-08, and the third contact commenced in 2012. While a main emphasis of the study is to broadly chart the career outcomes of these lawyers, a further emphasis of this study is to analyze the structure of the legal profession by investigating the sorting process through which lawyers come to occupy various positions within the profession. By analyzing the various forms of capital— human, social and symbolic—accumulated by lawyers over their life course, After the JD will bring to light the forms of capital that are valued and rewarded within the legal profession, the social and professional contexts that lead to differential valuations, and how these processes of opportunity and reward may be changing over time. Employment Discrimination Litigation (with Laura Beth Nielsen, John Donohue III, Peter Siegelman, and Ryon Lancaster) Please refer to Laura Beth Nielsen’s entry for project description.

Laura Beth Nielsen Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D., Boalt Hall School of Law, University of California, Berkeley Joint Appointment: Professor of Sociology and Law, Director of Legal Studies, Northwestern University Research Interests: the sociology of law, with particular interests in legal consciousness and the relationship between law and inequalities of race, gender, and class, civil rights generally and employment civil rights in particular. Current ABF Projects Contested Constructions of Discrimination (with Jill D. Weinberg and Jeremy Freese) This quantitative and qualitative research project interrogates how laypersons as well as state and federal judges assess the presence or absence of discrimination. Employment Discrimination Litigation (with Robert L. Nelson, John Donohue III, Peter Siegelman, and Ryon Lancaster) This archival, quantitative, and qualitative research project is a comprehensive examination of employment civil rights claiming behavior in the EEOC and in the Federal Courts.

24 American Bar Foundation • www.americanbarfoundation.org Research Professors

Jothie Rajah Ph.D., University of Melbourne; LL.B., National University of Singapore Research Interests: the intersections of law, language and power in the following areas: law, legitimacy and authoritarianism; international organizations and the global public sphere in constructions of norms for the rule of law; and the relationship between law, religion and national identity. Current ABF Project Rule of Law Discourses This study analyzes the different ways in which global institutional actors (the UN, the World Bank, the International Commission of Jurists, the World Justice Project) define “rule of law” through a close reading of the texts and practices of these institutions in order to investigate global norms for the rule of law. By focusing on the normative content of global texts and practices, the study seeks to uncover the history and politics of global discourse on the rule of law.

Susan P. Shapiro Ph.D., Sociology, Yale University Research Interests: the social construction, social organization, and social control of fiduciary, trust, and principal-agency relationships. Research has examined white-collar crime, ethics, conflict of interest, the professions, the news media, and medical decision making. Current ABF Project Surrogate Decision Making at the End of Life: An Observational Study This observational study of two intensive care units investigates how surrogate decision makers make medical decisions for patients unable to speak for themselves. It also examines the role of law at the bedside in general and that of advance directives in particular.

Victoria Saker Woeste Ph.D., Jurisprudence and Social Policy, University of California, Berkeley Research Interests: the sources and effects of legal change in American capitalism and agriculture; hate speakers, religion, and the law. Current ABF Project Reconstituting Civic Community: Hate Speech and the State in the Post-World War II Era This project examines the history of the doctrine of group libel; relates emerging jurisprudential developments in hate speech law and speech regulation to the social and political contexts of speech; and recovers the forgotten civil rights law practice of the founder of the Westboro Baptist Church, infamous for their heartless crusades against gay rights and gay people.

www.americanbarfoundation.org • 2015 Annual Report 25 Research Faculty

John L. Comaroff Ph.D., Anthropology, University of London Professor of African and African American Studies and of Anthropology, Oppenheimer Fellow in African Studies, Harvard University; Honorary Professor of Social Anthropology, University of Cape Town Research Interests: crime, policing, and the workings of the state in Africa, democracy and difference in post-revolutionary societies, and postcolonial political economy in the global south.

Bryant G. Garth Ph.D., European University Institute; J.D., Stanford Law School Professor, University of California-Irvine School of Law; Dean Emeritus, Southwestern Law School; Director Emeritus, American Bar Foundation AFFILIATED RESEARCH PROFESSORS AFFILIATED Research Interests: the legal profession, how globalization is transforming the role of law and lawyers in different areas of the world, law and development, transnational law, legal education. Current ABF Project After the J.D. (with Ronit Dinovitzer, Gabriele Plickert, Robert Nelson, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description.

Bonnie Honig Ph.D., Political Science, Johns Hopkins University Nancy Duke Lewis Professor of Political Science, Brown University Research Interests: legal theory, philosophy of law, democratic theory.

Dylan C. Penningroth Ph.D., History, Johns Hopkins University Professor of History, University of California, Berkeley Research Interests: African American history, comparative of slavery and emancipation, and socio-legal history, with a particular focus on family relations, the rise of the independent black church, migration, the interaction between legal categories and popular conceptions such as respectability, race, and “slavish origins;” the cultural, social, and legal legacy of slavery in colonial Ghana and the United States.

26 American Bar Foundation • www.americanbarfoundation.org Affiliated Research Professors Faculty Fellows

Christopher L. Tomlins Ph.D., American History, Johns Hopkins University Professor of Law, University of California Berkeley Research Interests: Anglo-American legal history, from the beginning of the sixteenth century into the later twentieth century. Currently engaged in research on the Southampton (Virginia) slave revolt of 1831, known as the Turner Rebellion. Additional work includes the theory and method of legal history, the intersection between legal history and legal theory, and the critical theory of Walter Benjamin.

Bernadette Atuahene JD, Yale Law School, M.P.A., Harvard University Joint Appointment: Associate Professor, Chicago-Kent College of Law Research Interests: law and international development, particularly the dispossession and restitution of property rights in the developing world. Research has examined the challenges faced by transitional democracies where past property dispossession is a prominent political and moral issue.

FACULTY FELLOWS FACULTY Current Research Project Property and Dignity: Understanding the Illegal Occupation of Vacant Dwellings in Detroit Using the case of squatters in Detroit, this research project will explore the circumstances under which the illegal appropriation of space or confiscation of property is dignity enhancing. After seven months of preliminary fieldwork, an effective research design has been developed that uses 130 semi- structured interviews, focus group interviews and photo elicitation interviews to systematically analyze the perspectives of the study’s three target groups: 1) people who are currently or were previously squatting; 2) homeless people who have chosen not to squat; and 3) homeowners or renters who live nearby someone who is squatting. Dignity transfer is the tentative name given to the phenomenon where poor and vulnerable populations illegally use or acquire property in order to preserve their dignity, and the proposed research will define and develop this new socio-legal concept. In addition, the research will 1) expand the literature on squatting by exploring the complex ways that dignity is present or absent in the experience of squatters; 2) extend the legal consciousness literature by investigating the types of entitlements poor and vulnerable populations believe they have to vacant spaces; and 3) deepen the literature on how and why people navigate illegality by examining why people choose to squat instead of pursing alternative accommodations.

www.americanbarfoundation.org • 2015 Annual Report 27 Research Faculty

Ronit Dinovitzer Ph.D., Sociology, University of Toronto Joint Appointment: Associate Professor of Sociology, University of Toronto Research Interests: the sociology of law, with a particular interest in the legal profession, focusing on the sources of inequality within the profession and the mechanisms that produce and reproduce them. Combining analyses of the professions with research in social policy, including the social organization

FACULTY FELLOWS FACULTY of lawyers, the role of labor markets, and the effects of culture on professional work. Recent work has examined the gender gap in lawyer incomes, the distribution of lawyer satisfaction, and the career trajectories of urban law school graduates. Current ABF Project After the JD (with Bryant Garth, Robert Nelson, Gabriele Plickert, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description.

Sida Liu Ph.D., Sociology, University of Chicago Joint Appointments: Assistant Professor of Sociology and Law, University of Wisconsin-Madison; Research Fellow, Shanghai Jiao Tong University KoGuan Law School Research Interests: the legal profession; socio-legal theory; work and occupations; political sociology; globalization. Current research examines the historical change, social structure, political mobilization, and globalization of the legal profession in China and beyond. Current ABF Project The Rise of Lawyer Activism in China (with Terence C. Halliday) Please refer to Terence Halliday’s entry for project description.

Rebecca L. Sandefur Ph.D., Sociology, University of Chicago Joint Appointment: Associate Professor of Sociology, University of Illinois Research Interests: inequality, particularly as it relates to law. Research includes investigations of work and inequality in the legal profession and other professional occupations, lawyers’ pro bono service and its contributions to legal aid, and studies of ordinary people’s experiences with common problems that could bring them into contact with the civil justice system. Current ABF Projects Accessing Justice in the Contemporary USA: The Community Needs and Services Study The CNSS is a multi-method study investigating the American public’s experiences with civil justice problems and the institutions of remedy that exist for those problems. The study focuses on a core set of commonly experienced problems that have civil legal aspects, raise civil legal issues, and have consequences shaped by civil law.

28 American Bar Foundation • www.americanbarfoundation.org Faculty Fellows Research Social Scientists

Roles Beyond Lawyers Many in the United States who need assistance handling civil justice issues do not obtain it; some call this an “access to justice crisis.” Emerging strategies for responding include new “roles beyond lawyers”—people who are not fully trained and qualified attorneys but who are authorized to do some of the work that traditionally only licensed lawyers have been able to do, such as giving legal advice to members of the public. These innovations seek to expand people’s access to rights and remedies under law while at the same time reducing the burdens that courts face when many litigants appear without lawyer representation. The Roles Beyond Lawyers study investigates how and how well these programs work at achieving their goals After the JD (Please refer to Robert Nelson’s entry for project description.)

Christopher W. Schmidt Ph.D., History of American Civilization, Harvard University; JD, Harvard Law School Joint Appointment: Associate Professor, Chicago-Kent College of Law Research Interests: the intersection of social movement mobilization and constitutional change in recent American history; the ways in which constitutional claims emerge and develop outside the courts, and the effect of these extrajudicial claims on legal doctrine. Current research focuses on the egalitarian constitutionalism of the civil rights movement; and the libertarian constitutionalism that has gained traction with the rise of populist conservatism in recent decades. Current Research Project The Sit-Ins: Protest, Law, and Social Change This book project is a legal history of the lunch counter sit-in movement of 1960s. It tells the story of the sit-ins, the events they set in motion, and what they achieved. The central argument is that the story of the sit-ins cannot be fully explained without careful attention to the distinctive legal dilemmas raised by the challenge to racial discrimination in public accommodations during the early 1960s.

Elizabeth L. Murphy M.A., Sociology, University of Illinois, Chicago Research Interests: jury decision making; ways to assist courts in optimizing jury trials. Current ABF Projects Building on the Arizona Filming Project (with Shari Seidman Diamond and Mary R. Rose) Please refer to Shari Seidman Diamond’s entry for project description. RESEARCH SOCIAL SCIENTISTS

www.americanbarfoundation.org • 2015 Annual Report 29 Selected Publications

Bernadette Atuahene • Tort Reform, Plaintiffs’ Lawyers, and Access to Justice (with J. Martin) (University Press of Kansas, 2015) • We Want What’s Ours: Learning from South Africa’s Land • “Review of Robert D. Cooter and Ariel Porat, Getting Restitution Program (Oxford University Press, 2014) Incentives Right: Improving Torts, Contracts, and Restitution,” • “The Importance of Conversation in Transitional Justice: 24 The Law and Politics Book Review 394 (2014) A Study of Land Restitution in South Africa,” 39 Law & • “Analyzing Carnegie’s Reach: The Contingent Nature of Social Inquiry 902 (2014) Innovation” (with M. Katz & W. Sullivan), 63 Journal of • “Paying for the Past: Addressing Past Property Violations Legal Education 585 (2014) in South Africa,” 45 Law and Society Review 955 (2011) • “Assessing Law School Curriculum Changes: Are They • “South Africa’s Land Reform Crisis,” Foreign Affairs (July/ Making a Difference?” IAALS Online--Educating Tomorrow’s August, 2011) Lawyers (2013) • “Property and Transitional Justice,” 58 UCLA Law Review • “Hypotheticals” (with J. Bowers), e-supplement for Lee Discourse 65 (2010) Epstein and Thomas Walker, Constitutional Law for a Changing • “Property Rights and the Demands of Transformation,” American, 8th ed. (CQ Press, 2013) 31 Michigan Journal of International Law 765 (2010) Shari Seidman Diamond Traci Burch • “Psychology of the Decision-Making Process: Implications • “Political Equality and the Criminal Justice System,” in for International Arbitration,” Asian Dispute Review C. Klofstad, ed., Resources, Engagement, and Recruitment (October, 2015) (Temple University Press, forthcoming) • Editor (with A. Harfuch), Las múltiples dimensiones del • “Review of The First Civil Right, by Naomi Murakawa,” juicio por jurado: Estudios sobre el comportamiento del jurado The Forum (forthcoming) (The many dimensions of trial by jury: Studies of jury behavior), • “Louder Chorus—Same Accent: The Representation translated by N. Chizik (forthcoming) of Interests in Pressure Politics, 1981-2011” (with K. • “The Cases for and Against Blindfolding the Jury,” in C. L.Schlozman, P. E. Jones, H. Y. You, S. Verba & H. E. Brady), Robertson & A. Kesselheim, eds., Blinding as a Solution to in D. Halpin, D. Lowery & V. Gray, eds., The Organization Bias in Biomedical Science and the Courts: a Multidisciplinary Ecology of Interest Communities (Palgrave Macmillan, 2015) Approach (Elsevier Press, forthcoming 2015) • “Skin Color and the Criminal Justice System: Beyond Black- • “Cage v. Louisiana and Reasonable Doubt,” in D. Bakrokar, White Disparities in Sentencing,” 12 Journal of Empirical ed., Common Law Decisions on Trial by Jury: Judgments and Legal Studies 395 (2015) Scholarly Reactions (forthcoming) • “The Old Jim Crow: Racial Residential Segregation and • “Juries,” International Encyclopedia of the Social and Behavioral Neighborhood Imprisonment,” 36 Law & Policy 223 (2014) Sciences, 2nd Edition (Elsevier Press, 2015) • “What a (Very) Smart Judge Knows about Juries” (with John Comaroff F. Doorley), 64 DePaul Law Review 373 (2015) • “Cattle, Currencies, and the Politics of Commensuration • “The Hidden Daubert Factor: How Judges Use Error Rates on a Colonial Frontier,” in W. Adebanwi, ed., Beyond in Assessing Scientific Evidence” (with J. Meixner), 2014 the Margins—Essays in Honor of Jane I. Guyer (Indiana Wisconsin Law Review 1063 (2014) University Press, forthcoming) • “Causally Valid Relationships That Invoke the Wrong Causal • “Thoughts on Theorizing from the South: An Interview,” Agent: Construct Validity of the Cause in Policy Research:” 3 Social Transformations: Journal of the Global South 3 (2015) (with T.C. Cook & T.Y. Tang), 5 Journal of the Society for • “Sul Concetto di Persona: Una Prospettiva dall’Africa,” in Social Work and Research 379 (2014) S. Consigliere, ed., Mondi Multipli, Volume 2, Lo Splendore • “Trademark Surveys: An Undulating Path” (with dei Mondi (Kaiak, 2014) D. Franklyn), 92 Texas Law Review 2029 (2014) • “The Return of Khulekani Khumalo, Zombie Captive: Identity, Law, and Paradoxes of Personhood in the Postcolony,” 41 Ronit Dinovitzer Significação- Revista de Cultura Audiovisual 186 (2014) • Editor (with R. Nelson, S. Headworth, & D. Wilkins), • “Ethnicity, Inc.: On the Affective Economy of Belonging” Diversity in Practice (Cambridge University Press, forthcoming (with J. Comaroff), in G. Urban, ed., Corporations and 2016) Citizenship (University of Pennsylvania Press, 2014) • “Immigrant offspring in the legal profession: Exploring the • “Ficções Investigativas e Soberania: Distantes Aventuras do effects of immigrant status on earnings among American Policiamento no Mundo” (with J. Comaroff), 29 Pòs-Colonial lawyers” (with M. Dawe), in R. Nelson, S. Headworth, Braziliam Social Sciences Review 85 (2014) & D. Wilkins & R. Dinovtizer, eds., Diversity in Practice (Cambridge University Press, forthcoming 2016) Stephen Daniels • “The changing landscape of corporate legal practice: • “Where Have All the Cases Gone? The Strange Success An empirical study of lawyers in large corporate law of Tort Reform Revisited” (with J. Martin), 65 Emory Law firms” (with H. Gunz & S. Gunz), Canadian Bar Review Journal (forthcoming 2016) (forthcoming 2015)

30 American Bar Foundation • www.americanbarfoundation.org • “Professional ethics: Origins, applications and developments” • “A construção jurídica de (with H. Gunz & S. Gunz), in L. Empson, D. Muzio, J. uma política de notáveis: Broschak & B. Hinings, eds., Oxford Handbook of Professional o jogo duplo da elite do Service Firms (Oxford University Press, 2015) judiciário indiano no • “Lawyers and the Legal Profession” (with B. Garth), in mercado da virtude cívica,” (with Y. Dezalay), 12 Revista A. Sarat & P. Ewick, eds., Wiley Handbook of Law and Society Pós Ciências Sociais 37 (2015) [translation of “The Legal (Wiley, 2015) Construction of a Politics Of Notables: The Double Game • “The Women and Men of Harvard Law School: The of The Patricians of the Indian Bar in the Market of Civic Preliminary Results from the HLS Career Study” (with Virtue,”29 Retfærd. Nordic Legal Journal 42 (2006)] D. Wilkins & B. Fong), HLS Center on the Legal Profession • “A Comment on Sida Liu’s ‘Powerless’ Approach: A Virtue Research Paper No. 2015-6 (2015) Out of Necessity?” 1 LSI Forum 1 (2015) • “Law and Beyond: A National Study of Canadian Law • “The Legal Profession,” (with R. Dinovitzer), in Austin Sarat, Graduates,” (SSRN, 2015) ed., Wiley Handbook on Law and Society (2015) • “Unpacking Client Capture: Evidence from Corporate Law • “Notes toward an Understanding of the U.S. Market in Firms” (with H. Gunz & S. Gunz), 1 Journal of Professions Foreign LLM Programs: From the British Empire and the Inns and Organization 99 (2014) of Court to U.S. LLM Programs,” 22 Indiana Journal of Law • “Hierarchical Structure and Gender Dissimilarity in and Globalization 62 (2015) American Legal Labor Markets” (with J. Hagan), 92 Social • “Legal Education Reform: New Regulations, Markets, and Forces 929 (2014) Competing Models of Supposed Deregulation,” Bar Examiner • “Reconsidering Lawyer Autonomy: The Nexus Between (December 2014) Firm, Lawyer and Client in Large Commercial Practice” • “As profissões jurídicas no século XXI: Globalização, (with S. Gunz & H. Gunz), 51 American Business Law a reforma da educação jurídica, desigualdade e império, Journal 661 (2014) 14 Cadernos FGVDireitoRio 17 (2014) Bryant Garth Tom Ginsburg • “‘Legal Theory’ in the Global Competition to Occupy and • “Making Constitutions: Presidents, Parties and Institutional Maintain the High Ground in Discourses of Governance” Choice in ,” 13 ICON- International Journal (with Y. Dezalay), in J. Desautels-Stein & C. Tomlins, of Constitutional Law 322 (2015) eds., Cambridge Companion to Contemporary Legal Thought • Judicial Reputation: A Comparative Theory (with Nuno (Cambridge University Press, forthcoming 2016) Garoupa) (University of Chicago Press, 2015) • “The Florence Access-to-Justice Project in Law and in • “Does the Constitutional Amendment Rule Matter at All?: Context: Mauro Cappelletti as Importer, Exporter, and Amendment Cultures and the Challenge of Measuring Academic Entrepreneur,” Annuario di diritto comparato Amendment Difficulty,” International Journal of Constitutional (forthcoming 2016) Law (forthcoming 2015) • “Some Realism About Realism in Teaching About the • “Constitutional Interpretation in Law-Making: China’s Legal Profession, in The New Legal Realism: Translating Law- Invisible Constitutional Enforcement Mechanism” (with and-Society for Today’s Legal Practice” (with A. Southworth Y. Lin), 63 American Journal of Comparative Law 467 (2015) & C. Fisk), in S. Macaulay, E. Mertz & T. Mitchell, eds., • “Three Pathways to Global Standards: Private, Regulator, Putting Law in its Place: The New Legal Realist Project (Oxford and Ministry Networks” 109 AJIL Unbound 28 (2015) University Press, forthcoming 2016) • “The Teaching/ Research Trade-Off in Law: Data From the • “Brazil and the Field of Socio-Legal Studies: Globalization, Right Tail” (with Thomas J. Miles), 39 Evaluation Review the Hegemony of the US, the Place of Law, and Elite 46 (2015) Reproduction,” Revista de Estudos Empíricos em Direito/ • “Written Constitutions Around the World,” 15 American Brazilian Journal of Empirical Legal Studies (forthcoming 2015) Bar Association Insights in Law and Society 3 (2015) • “Reflexive Sociology and International Political Economy” • Report: “Role of the Constitution of Mongolia in (with Y. Dezalay), in P. Bilgin, X. Guillaume & M. Salter, Consolidating Democracy” (with Ch. Enkhbaatar, et al.), eds., Handbook of International Political Sociology (Routledge, United Nations Development Program, Ulaanbaatar, forthcoming 2015) Mongolia (2015) • “Lawyers in South and East Asia” (with Y. Dezalay), in • “Constitutions as Political Institutions,” in J. Gandhi & C. Antons, ed., Routledge Handbook of Asian Law (Routledge, R. Ruiz-Rufino, eds., Routledge Handbook of Political Institutions forthcoming 2015) (Routledge, 2014) • “Constructing a Transatlantic Marketplace of Disputes on the Symbolic Foundations of International Justice” John Hagan (with Y. Dezalay), in G. Mallard & J. Sgard, eds., Contracting • Iraq and the Crimes of Aggressive War: The Legal Cynicism Beyond Boundaries: Private Regulation of International Trade of Criminal Militarism (with J. Kaiser and A. Hanson) and Finance in the Twentieth Century (Cambridge University (Cambridge University Press, 2015) Press, forthcoming 2015)

www.americanbarfoundation.org • 2015 Annual Report 31 Selected Publications

• “Mass Incarceration and the Great Recession: A Human • “Settling and Concordance: Two Cases in Global Security Perspective on Parental Imprisonment and Young Commercial Law” (with S. Block-Lieb), in T. Halliday Adult Economic Deprivation in America,” Russell Sage & G. Shaffer, eds., Transnational Legal Orders (Cambridge Foundation Journal of the Social Sciences (forthcoming) University Press 2015) • “Gendered Genocide: The Socially Destructive Process of Genocidal Rape, Killing, and Displacement in Darfur” (with James J. Heckman J. Kaiser), 49 Law & Society Review 69 (2015) • “Decomposing Trends in Inequality in Earnings into • “Punishment and Support Regimes and the Multi-Level Forecastable and Uncertain Components” (with F. Cunha), Effects of Parental Imprisonment: Inter-instiutional, Inter- Journal of Labor Economics (forthcoming) generational and Inter-sectional Models of Inequality and • “Early Childhood Education” (with S. Elango, A. Hojman Exclusion” (with H. Foster), 41 Annual Review of Sociology & J.L. García), in R. Moffitt, ed., Means-tested Transfer 135 (2015) Programs in the United States II (University of Chicago Press, • “Making Punishment Pay: The Political Economy of forthcoming) Revenue, Race and Regime in the California Prison Boom” • “The Causal Effects of Education on Earnings and Health” (with G. Plickert, A. Palloni, and S. Headworth), 12 DuBois (with J. Humphries & G. Veramendi), Journal of Political Review 95 (2015) Economy (forthcoming) • “Maternal and Paternal Imprisonment and Children’s Social • “Intergenerational Long Term Effects of Preschool: Structural Exclusion in Adulthood” (with H. Foster), 105 Journal of Estimates from a Discrete Dynamic Programming Model” Criminal Law and Criminology (forthcoming) (with L. Raut), Journal of Econometrics (forthcoming) • “Using International Networks to Frame Social Science • “Early Health Shocks, Intrahousehold Resource Allocation, Evidence” (with J. Rowen), 10 Journal of International Law and Child Outcomes” (with J. Yi, J. Zhang & G. Conti), and 92 (2014) Economic Journal (forthcoming) • “Pursuit of Justice and the Victims of War in Bosnia and • “Racial Disparity and Employment Discrimination Law: Herzegovina: An Exploratory Study” (with S. K. Ivkovich), And Economic Perspective (with J. H. Verkerke), 8 Yale Law Crime, Law, and Social Change (forthcoming) & Policy Review 276 (2015) • “The Costs of Incarcerating Mothers and Non-Mothers: • “The Generalized Roy Model and the Cost-Benefit Analysis The Gendered Distribution of Family Care and Human of Social Programs” (with P. Eisenhauer & E. Vytlacil), 123 Rights” (with H. Foster), 17 Journal of Gender, Race and Journal of Political Economy 413 (2015) Justice 257 (2014) • “Estimation of Dynamic Discrete Choice Models by • “State Rape” (with J. Morse), in R. Gartner and B. McCarthy, Maximum Likelihood and the Simulated Method of eds., Oxford Handbook on Gender and Crime (Oxford Moments” (with P. Eisenhauer & S. Mosso), 56 International University Press, 2014) Economic Review 331 (2015) • “Gary Becker: Model Economic Scientist,” 105 American Terence Halliday Economic Review 74 (2015) • Criminal Justice in China: The Politics of Lawyers at Work • “Introduction to ‘A Theory of the Allocation of Time’ (with S. Liu) (Cambridge University Press, forthcoming) by Gary S. Becker,” 125 Economic Journal 403 (2015) • Editor (with G. Shaffer), Transnational Legal Orders • “Causal Analysis after Haavelmo” (with R. Pinto), (Cambridge University Press, 2015) 31 Econometric Theory 115 (2015) • “Time and Temporality in Global Governance and • “Econometric Mediation Analyses: Identifying the Sources of Lawmaking,” in Global Regulation and Governance (Australian Treatment Effects from Experimentally Estimated Production National University Press, forthcoming) Technologies with Unmeasured and Mismeasured Inputs” • “Advocates, Experts, and Suspects: Three Images of Lawyers (with R. Pinto), 34 Econometric Reviews 6 (2015) in Chinese Media Reports” (with C. Lir Wang & S. Liu), • “Introduction to ‘The Distribution of Earnings and of 21 International Journal of the Legal Profession 195 (2015) Individual Output’ by A. D. Roy,” 125 Economic Journal 378 • “Contracts And Private Law In The Emerging Ecology Of (2015) International Lawmaking”(with S. Block-Lieb), in G. Mallard & Jerome Sgard, eds., Contractual Knowledge: A Hundred Carol A. Heimer Years of Legal Experimentation in Global Markets (Cambridge • “Colonizing the Clinic: The Adventures of Law in HIV University Press, forthcoming). Treatment and Research” (with J. N. Morse), in H. Klug • “Transnational Legal Orders: A Theoretical Framing,” in & S.E. Merry, eds., Studying Law Globally: New Legal Realist T. Halliday & G. Shaffer, eds., Transnational Legal Orders Perspectives (Cambridge University Press, forthcoming 2016) (Cambridge University Press 2015) • “Resilience in the Middle: Contributions of Regulated • “Researching Transnational Legal Orders,” in T. Halliday Organizations to Regulatory Success,” 649 Annals of the & G. Shaffer, eds., Transnational Legal Orders (Cambridge American Academy of Political and Social Science 139 (2013) University Press 2015) • “‘Wicked’ Ethics: Compliance Work and the Practice of Ethics in HIV Research,” 98 Social Science and Medicine 371 (2013)

32 American Bar Foundation • www.americanbarfoundation.org • “Failed Governance: A Comment on Baker and Griffith’s • “Testing for racial Ensuring Corporate Misconduct,” 38 Law and Social Inquiry differences in the mental 480 (2013) ability of young children” • “Performing Regulation: Transcending Regulatory Ritualism (with G. R. Fryer, Jr.) 103 in HIV Clinics” (with J.L. Gazley), 46 Law and Society Review The American Economic Review 981 (2013) 853 (2012) • “Is Texas Hold’Em a Game of Chance? A Legal and • “Inert Facts and the Illusion of Knowledge: Strategic Uses of Economic Analysis” (with T. Miles & A. Rosenfield), Ignorance in HIV Clinics,” 41 Economy and Society 17 (2012) 101 Georgetown Law Journal 581 (2013) Bonnie Honig Sida Liu • “Legal Unconsciousness: Tragedy and Melodrama in the Wake • “The Changing Roles of Lawyers in China: State Bureaucrats, of Terror,” in W. MacNeil, ed., Don’t Blink (forthcoming 2016) Market Brokers, and Political Activists,” in H. Klug & • “Judith Butler’s Jewish Modernity” (with J. Ackerman), in S. E. Merry, eds., Studying Law Globally: New Legal Realist I. Zyrtal, ed., Thinking Jewish Modernity (forthcoming 2016) Perspectives (Cambridge University Press, forthcoming 2016) • “Public Things: Jonathan Lear’s Radical Hope, Lars von • “The Fall and Rise of Law and Social Science in China” Trier’s Melancholia, and the Democratic Need,” 68 Political (with Z. Wang), 11 Annual Review of Law and Social Science Research Quarterly 623 (2015) (forthcoming 2015) • “Out Like a Lion: Lars von Trier’s Melancholia, with • “Advocates, Experts, and Suspects: Three Images of Lawyers Euripides and Winnicott,” 18 Theory & Event (April 2015) in Chinese Media Reports” with C. Wang & T. Halliday), • “Lars von Trier and the ‘Clichés of Our Times’” with 21 International Journal of the Legal Profession 195 (2015) L. Marso, 18 Theory & Event (April 2015) • “Law’s Social Forms: A Powerless Approach to the Sociology • “The Antigone-Effect and the Oedipal Curse: Toward a of Law,” 40 Law & Social Inquiry 1 (2015) Promiscuous Natality,” philoSOPHIA (forthcoming 2015) • “Boundary Work and Exchange: The Formation of a • “Between Nuremberg and Jerusalem: Hannah Arendt’s Tikkun Professional Service Market,” 38 Symbolic Interaction 1(2015) Olam” (with A. Azoulay), differences (forthcoming 2016) • “What Kind of a Thing is Land? Hannah Arendt’s Object Ajay K. Mehrotra Relations,” Political Theory (forthcoming) • “Fiscal Forearms: Taxation as the Lifeblood of the Modern • “Arendt on the Couch” 26 differences 93 (2015) Liberal State,” in K. Morgan & A. Orloff, eds., The Many • “The Laws of the Sabbath (Poetry): Arendt, Heine, and Hands of the State: Theorizing the Complexities of Political the Politics of Debt,” 5 UC Irvine Law Review 463 (2015) Authority and Social Control (Cambridge University Press, forthcoming) • “Charged: Debt, Power, and the Politics of the Flesh in Shakespeare’s Merchant, Melville’s Moby-Dick, and Eric • “Reviving Fiscal Citizenship” (review of Learning to Love Santner’s The Weight of All Flesh,” in K. Goodman, ed., Form 1040: Two Cheers for the Return-based Mass Income The Weight of all Flesh: The Tanner Lectures (Oxford Tax by Lawrence Zelenak), 113 Michigan Law Review 943 University Press, 2015) (2015) • “Resilience,” 3.4 Political Concepts (2015) • “Charles A. Beard and the Columbia School of Political Economy: Revisiting the Intellectual Roots of the Beardian Steven D. Levitt Thesis,” 29 Constitutional Commentary 475 (2014) • Making the Modern American Fiscal State: Law, Politics, and • “What Field Experiments Have and Have Not Taught Us the Rise of Progressive Taxation (Cambridge University Press, about Managing Workers” (with S. Neckermann), 30 Oxford 2013) Review of Economic Policy 639 (2014) • Think Like a Freak: The Authors of Freakonomics Offer to Elizabeth Mertz Retrain Your Brain (with S. Dubner) (William Morrow, 2014) • Editor (with S. Macaulay & T. Mitchell) The New Legal • “The Role of Skill Versus Luck in Poker Evidence From the Realism: Translating Law-and-Society for Today’s Legal Practice World Series of Poker” (with T.J. Miles), 15 Journal of Sports (The New Legal Realism, Vol. 1) (Cambridge University Economics 31 (2014) Press, forthcoming 2016) • Testing for Racial Differences in the Mental Ability of Young • “Introduction,” in S. Macaulay, E. Mertz & T. Mitchell, eds., Children” (with R. Fryer), 103 American Economic Review 981 The New Legal Realism: Translating Law-and-Society for Today’s (2013) Legal Practice (The New Legal Realism, Vol. 1) (Cambridge • “Toward an Understanding of Learning by Doing: Evidence University Press, forthcoming 2016) from an Automobile Assembly Plant” (with J. List & C. • “Combining Methods for a New Synthesis in Law and Syverson), 121 Journal of Political Economy 643 (2013) Empirical Research” (with K. Barnes), in S. Macaulay, • “Measuring the Impact of Crack Cocaine” (with R. Fryer, P. E. Mertz & T. Mitchell, eds., The New Legal Realism: Heaton & K. M. Murphy), 51 Economic Inquiry 1651 (2013) Translating Law-and-Society for Today’s Legal Practice • “What Can Be Done To Improve Struggling High Schools?” (The New Legal Realism, Vol. 1) (Cambridge University (with J. Berry, E. Robertson & S. Sadoff), 27 The Journal of Press, forthcoming 2016) Economic Perspectives 133 (2013)

www.americanbarfoundation.org • 2015 Annual Report 33 Selected Publications

• Editor (with W. Ford & G. Matoesian), Translating the • “Career Choices and Outcomes,” in Landscape of Legal Social World for Law: Linguistic Tools for a New Legal Realism Diversity: By the Numbers (American Bar Association, (Oxford University Press, forthcoming) forthcoming) • “Law’s Metalinguistics: Silence, Speech, and Action,” in • “Race and Representation: Racial Disparities in Legal L. Solan, J. Ainsworth & R. Shuy, eds., Speaking of Language Representation for Employment Civil Rights Plaintiffs” and Law: Conversations on the Work of Peter Tiersma (Oxford (with A. Myrick & L. B. Nielsen), in S. Estreicher & J. University Press, 2015) Radice, eds., Beyond Elite Law: Access to Civil Justice in America, (Cambridge University Press, forthcoming) Rachel F. Moran • “City on a Hill: The Democratic Promise of Higher Laura Beth Nielsen Education,” UC Irvine Law Review (forthcoming 2016) • “Determining Discrimination: The Effect of Race and • “Michael Olivas: On Being a Trailblazer Instead of an Eagle Political Ideology in Evaluations of Workplace Disputes” Scout,” in E. Roman, ed., Accidental Historian: The Michael (with D. McEhlhattan & J.Weinberg), (forthcoming) Olivas Reader (Carolina Academic Press, forthcoming) • “O direito pensante, o direito pensante em movimento,” • “Review of Family Money: Property, Race, and Literature in (Thinking Law, Thinking Law in Motion) Revista de the Nineteenth Century, by J. Clymer,” 120 American Historical Estudos Empíricos em Direito (REED) 1 Brazilian Journal Review 249 (2015) of Empirical Legal Studies 12 (2014) • “Angela Harris: The Person, the Teacher, the Scholar,” • “Funding the Cause: How Public Interest Law 10 California Law Review 1015 (2014) Organizations Fund their Activities and Why it Matters • “Race Law Cases in the American Story” (with D.W. for Social Change” (with C. Albiston), 39 Law and Social Carbado), in A. Sarat, ed., Civil Rights in American Law, Inquiry 62 (2014) History, and Politics (Cambridge University Press, 2014) • “Foreword: A Tribute to Margaret Montoya,” 32 Chicana/o Dylan C. Penningroth Latina/o Law Review 1 (2014) • “Law as Redemption: A Historical Comparison of the Ways Marginalized People Use Courts,” 40 Law and Social Inquiry Elizabeth L. Murphy 793 (2015) • “Embedded Experts on Real Juries” (with S. S. Diamond • “Review of S. Kantrowitz, More than Freedom: Fighting & M.R. Rose), 55 William & Mary Law Review 885 (2014) for Black Citizenship in a White Republic, 1829-1889,” • “The ‘Kettleful of Law’ in Real Jury Deliberations: Successes, 60 Civil War History 338 (2013) Failures and Next Steps” (with S.S. Diamond & M.R. Rose), • “Review of A Nation within a Nation: Organizing African- 106 Northwestern University Law Review 1537 (2012) American Communities before the Civil War (Chicago, 2011),” 99 Journal of American History 591 (2012) Janice Nadler • “Writing Slavery’s History,” 23 Organization of American • “Social Psychology and the Law” (with P. Mueller), in Historians Magazine of History 13 (2009) F. Parisi, ed., Handbook of Law and Economics (Oxford University Press, forthcoming) Jothie Rajah • “The Path of Motivated Blame and the Complexities • “Rule of Law as Transnational Legal Order,” in T. Halliday of Intent,” 25 Psychological Inquiry 222 (2014) & G. Shaffer, eds., Transnational Legal Orders (Cambridge • “Law, Moral Attitudes, and Behavioral Change” (with University Press, 2015) K. Bilz), in E. Zamir & D. Teichman, eds., Oxford Handbook • “Rule of Law Lineages: Heroes, Coffins, and Custom,”Law, of Behavioral Economics and Law (Oxford University Press, Culture, and the Humanities, (OnlineFirst:http://lch.sagepub. 2014) com) 2015 • “Sinister Translations: Law’s Authority in a Post-9/11 World,” Robert L. Nelson 21 Indiana Journal of Global Legal Studies 107 (2014) • Editor (with S. Headworth, R. Dinovitzer & D. Wilkins), • “Review of Eve Darian-Smith, Law and Societies in Global Diversity in Practice: Race, Class, and Gender in Elite Legal Contexts: Contemporary Approaches (Cambridge University and Professional Careers (Cambridge University Press, Press, 2013),” 48 Law & Society Review 479 (2014) forthcoming) • “Language-and-Law Scholarship: An Interdisciplinary • “Introduction (with S. Headworth), in R. Nelson, Conversation and a Post-9-11 Example” (with E. Mertz), S. Headworth, R. Dinovitzer & D. Wilkins, eds., Diversity 10 Annual Review of Law and Social Sciences 169 (2014) in Practice: Race, Class, and Gender in Elite Legal and • “Flogging Gum: Cultural Imaginaries and Postcoloniality Professional Careers (Cambridge University Press, in Singapore’s Rule of Law,” 18 Law/Text/Culture 135 forthcoming) (2014) • “Pipeline to Law School” (with M. Payne-Pikus & • “Of Masks and Absences: Cause Lawyering in Singapore” S. Headworth), in Landscape of Legal Diversity: By the (with A. Thiruvengadam), 31 Wisconsin International Numbers (American Bar Association, forthcoming) Law Journal 646 (2014)

34 American Bar Foundation • www.americanbarfoundation.org Rebecca L. Sandefur • “Debt, Death, and Redemption: Toward a • “Designing the Competition: A Future of Roles Beyond Soterial-Legal History of Lawyers? Advancing Equal Access to Justice: Barriers, the Turner Rebellion,” in Dilemmas and Prospects,” UC-Hastings Law Review D.S. Cowan & D. Wincott, eds., Exploring the Legal in (forthcoming) Socio-Legal Studies (Palgrave-Macmillan, forthcoming) • “What We Know and Need to Know about the Legal Needs • “Organic Poise? Capitalism as Law,” Buffalo Law Review of the Public,” University of South Carolina Law Review (forthcoming) (forthcoming) • “Adelaide’s Blackstone,” Adelaide Law Review (forthcoming) • “Bridging the Gap: Rethinking Outreach for Greater Access • “Styron’s Nat: or, The Metaphysics of Presence,” Critical to Justice,” University of Arkansas at Little Rock Law Review Analysis of Law (forthcoming 2015) (forthcoming) • “Arts and the Aesthetic in Legal History” (with A. Rosenberg • “Elements of Professional Expertise: Understanding & R. Kreitner), Critical Analysis of Law (forthcoming 2015) Relational and Substantive Expertise through Lawyers’ Impact,” 80 American Sociological Review 909 (2015) • “Fierce and Critical Faith: A Remembrance of Penny Pether,” 60 Villanova Law Review (forthcoming 2015) • “Review of Manufacturing Morals: The Values of Silence in Business School Education,”44 Contemporary Sociology 625 • “Dreaming of What Might Be” (A Commentary on From (2015) Slavery to the Cooperative Commonwealth: Labor and Republican Liberty in the Nineteenth Century, by A. Gourevitch), Civil • Increasing Access to Justice Through Expanded “Roles Beyond War Book Review (2015) Lawyers”: Preliminary Evaluation and Classification Frameworks (with Thomas M. Clarke), American Bar Foundation and • “Foreword. ‘Law As …’ III—Glossolalia: Toward a Minor National Center for State Courts (2015) (Historical) Jurisprudence,” 5 UC Irvine Law Review 239 (2015) • “The Face of Access to Justice: Diversity, Debt and Aspiration among American Lawyers in Early Career,” • “The Presence and Absence of Legal Mind: A Comment on Institute for Inclusion in the Legal Profession Review 2014: Duncan Kennedy’s ‘Three Globalizations of Law and Legal The State of Diversity and Inclusion in the Legal Profession Thought, 1850-2000,’” 78 Law and Contemporary Problems 1 (2015) (2015) • “Demonic Ambiguities: Enchantment and Disenchantment Christopher W. Schmidt in Nat Turner’s Virginia,” 4 UC Irvine Law Review 175 (2014) • “The Civil Rights-Civil Liberties Divide,” 12 Stanford Journal Victoria Saker Woeste of Civil Rights and Civil Liberties (forthcoming 2016) • “On Doctrinal Confusion: The Case of the State Action • “Framing Henry Ford’s War: Representation, Speech, and Doctrine,” Brigham Young University Law Review (forthcoming the New Civil Rights History,” Review Symposium Essay, 2016) Victoria Saker Woeste, Henry Ford’s War on Jews and the Legal Battle Against Hate Speech (Stanford, CA: Stanford University • “Litigating Against the Civil Rights Movement,” Press, 2012), 40 Law and Social Inqury (forthcoming 2015) 86 University of Colorado Law Review 1173 (2015) • “Fiscal Policy in the Federal System,” Law and Social Inquiry • Divided by Law: The Sit-Ins and the Role of the Courts in (forthcoming 2016) the Civil Rights Movement, 33 Law and History Review 93 (2015) • “From Henry Ford to Fred Phelps: The Implications of Group Libel in an Age of Mass Communication” (forthcoming Susan P. Shapiro 2016) • “Do Advance Directives Direct?” 40 Journal of Health Politics, • “Review of M. Alison Kibler, Censoring Racial Ridicule: Policy, and Law 487 (2015) Irish, Jewish and African American Struggles over Race and Representation, 1890-1930 (University of North Carolina • “Crime, White-Collar,” in J.D. Wright, ed., International Press, 2015),” Law and History Review (forthcoming 2016) Encyclopedia of the Social and Behavioral Sciences (Elsevier, 2015) • Editor (with A. Mermelstein, E. Zadoff & M. Galanter), Jews and the Law (Quid Pro Books, 2014) Christopher L. Tomlins • “Introduction,” in A. Mermelstein, E. Zadoff, M. Galanter & V.Woeste, eds., Jews and the Law (Quid Pro Books, 2014) • “Revulsions of Capital: The Political Economy of Slavery in the Epoch of the Turner Rebellion, Virginia, 1829-1832,” • “Review of M. M. Silver’s Louis Marshall and the Rise of Jewish in S. Beckert & C. Desan, eds., New Histories of American Ethnicity in America,” American Jewish Archives Journal (2014) Capitalism (forthcoming) • “California Lawyer: Aaron Sapiro and the Progressive Vision • “The Confessions of Nat Turner: A Paratextual Analysis,” of Public Service,” 8 California Legal History 449 (2013) Law & History Review (forthcoming) • Henry Ford’s War on Jews and the Legal Battle Against Hate • “Historicism and Materiality in Legal Theory,” in M. Del Speech (Stanford University Press, 2012) Mar & M. Lobban, eds., Legal Theory and Legal History: A Neglected Dialogue (forthcoming)

www.americanbarfoundation.org • 2015 Annual Report 35 ABF Publications

Editors The editor of Law & Social Law & Social Inquiry Inquiry is Christopher Schmidt, and Howard Editorial Policy Erlanger of the University Law & Social Inquiry is a quarterly, interdisciplinary, peer-reviewed scholarly of Wisconsin at Madison journal of international standing in law and social science. Contributors Law School is the editor of the journal’s review section. include law professors, social scientists, and practicing lawyers. LSI’s content Janice Nadler, Victoria Saker represents multiple disciplines, including anthropology, criminology, Woeste, and Jill Weinberg economics, history, law, philosophy, political science, sociology and social are currently serving as the psychology. Recent LSI articles have been awarded numerous distinctions, journal’s associate editors. Karen Rhone and Camilo among them the prestigious Law & Society Article Prize. Leslie served as student LSI’s procedures for submission and consideration of manuscripts are editors until August 2015, similar to those followed by most refereed academic journals. Submitted and Andrew Baer and manuscripts are reviewed by the editor and then sent out to three or more Josh Kaiser are the current student editors. Amanda expert scholars in a blind peer review process. Publication decisions are Ehrhardt serves as Editorial made by LSI’s editorial committee. Coordinator. In addition to the high quality of the original research that it publishes, LSI is widely known Contents for its review essays and symposia. The essays go beyond the typical brief book review to place the Contents of Volume 40 work under examination in its intellectual context and to provide readers with a synthesis of the (2015) of Law & Social major intellectual debates in the field relevant to the book. Each issue of the journal also includes Inquiry, as well as past issues, may be viewed “Book Notes” that present brief descriptions of twenty or thirty recently published books of on LSI’s Wiley-Blackwell interest to those working in the field of sociolegal studies. LSI also holds an annual student paper Web site: http://www. competition for graduate and law students, which includes a monetary prize and publication of blackwellpublishing.com/ the winning paper. LSI, which can also be reached through http:// Although LSI regularly publishes the work of American Bar Foundation scholars, the journal ABFN.org/LSI does not serve as a dedicated outlet for ABF research. LSI’s mission is to publish the very best LSI also offers authors sociolegal scholarship from around the world. ABF scholars play a critical role in achieving this advance online publication goal, through the articles they submit to the journal, through the peer review reports they write, using Early View on the Wiley Online Library. and through their service as LSI editors.

Researching Law Researching Law: An ABF Update is a quarterly newsletter designed to acquaint a wide audience with the research activities of the American Bar Foundation. The articles that appear in this publication present the findings of ABF projects in a concise, nontechnical format but in sufficient length to convey the full flavor of the research reported on. The topics covered in 2015 include: Fellows CLE Seminar: “Perspectives on Race, Communities and Policing in 21st Century America,” White House Summit on Early Education: “Going Forward Wisely,” Fellows CLE Seminar: “Communities in Crisis: The Effects of Immigration Law and Politics on American Communities,” and “We Want What’s Ours: Learning from South Africa’s Land Restitution Program.” The newsletter is distributed to a wide audience, including The Fellows of the American Bar Foundation, policy makers, libraries, foundations, government agencies, and media outlets. Issues are also posted on the ABF website and may be downloaded: http://www.americanbarfoundation.org/publications/researchinglaw.html The articles in Researching Law are written and/or edited by Katharine W. Hannaford.

36 American Bar Foundation • www.americanbarfoundation.org Recent Major Media Coverage and Faculty Op-Eds

• “White Lawyers May Have Biases that Hurt Their Black Clients, Says Op-ed Calling for More Diversity” (Employment Discrimination Study) ABA Journal, December 14, 2015 • “The Lawyer Who Quit Big Law to Work for a Food Museum,” (After the JD Study) Bloomberg, November 20, 2015 • “The Conflicting Promises of Speed and Equality in America,” (Op-Ed, Laura Beth Nielsen) The Huffington Post, November 17, 2015 • “Why Lawyers are Miserable,” (After the JD Study) Chicago Tribune, September 7, 2015 • “Former UCLA Law Dean to Lead Diversity Research Initiative,” National Law Journal, August 19, 2015 • “Former UCLA Dean to Head Latino Research Project,” Bloomberg, August 18, 2015 • “Crime Rate Not Main Reason Prison Population Exploded: It Was Sentencing Policy,” (Study on Parental Incarceration) ABA Journal, August 1, 2015 • “Building Trust Between Police and Community Will Take Work, ABA Panelists say,” (Fellows of the American Bar Foundation CLE Program) ABA Journal, August 1, 2015 • “How Can Tensions Between Minorities and Police be Addressed? Reforms Proposed,” (Fellows of the American Bar Foundation CLE Program) ABA Journal, July 31, 2015 • “Study shows gender gap in lead counsel positions in U.S.,” (“First Chairs at Trial” study) Inside Counsel, July 21, 2015 • “Too Macho for Women?,” (“First Chairs at Trial” study) The American Lawyer, July 16, 2015 • “Gender Gap Persists Among Lead Trial Counsel,” (“First Chairs at Trial” study) Bloomberg BNA, July 14, 2015 • “Academics Seek a Big Splash,” New York Times, interviewed, May 31, 2015 • “Why the U.S. Needs Black Lawyers Even More Than It Needs Black Police,” (Employment Discrimination Study) The Guardian, May 11, 2015 • “Misreading the Legal Sector’s Outlook,” (After the JD study) The American Lawyer, April 3, 2015 • “I’m Shocked, Shocked, to Find That Gambling is Going on Here,” (Op-Ed, Victoria Woeste) The Huffington Post, April 2, 2015 • “Singapore’s Law Sets it Apart and Makes it Hard to Imitate,” (Jothie Rajah’s research on authoritarian rule of law) The Financial Times, Apri1 1, 2015 • “Six Angry Men (and/or Women)” (Shari S. Diamond’s research on the jury system) Chicago Lawyer Magazine, April 2015 • “Law Schools and Industry Show Signs of Life, Despite Forecasts of Doom” (After the JD study) New York Times; CNBC.com, March 31, 2015 • “Who Says You Need a Law Degree to Practice Law?” (Accessing Justice in the Contemporary USA study) The Washington Post, March 13, 2015 • “Involvement, Education are Keys to Keeping Kids on Track for Productive Lives” (James Heckman research on early childhood education) President’s Message, ABA Journal, February 1, 2015 • “In South Africa, Land Apartheid Lives On,” (Op-Ed, co-author Bernadette Atuahene) New York Times, January 15, 2015 • “China’s Church-State Showdown,” (Terry Halliday’s ongoing research on China and human rights) The Christian Science Monitor, January 12, 2015 • “Mass Incarceration’s Collateral Damage: The Children Left Behind,” (Study on social costs of parental incarceration) The Nation, December 16, 2014

www.americanbarfoundation.org • 2015 Annual Report 37 Liaison Research Services Program

For decades, the ABF has focused on providing useful research to the organized bar through the dissemination of research findings and through conducting specific research projects. The ABF Liaison Research Services Program was developed to bring the research expertise of the Foundation to the work of the bar. From time to time, the ABF collaborates with ABA entities on specific research initiatives. For instance, the ABF is currently working with the ABA Commission on Women in the Profession on a study to address the question of whether women are playing lead roles on litigation matters at the same rate as men. The project aims to conduct a representative survey of the positions of male and female lawyers practicing in litigation. In addition, the ABF has joined with the ABA Center for Racial and Ethnic Diversity and the Law School Admissions Council to develop a Diversity Databook. Finally, ABF researchers continue to provide substantive advice and expertise through consultation and participation with bar leaders and organizations. Research faculty members serve on various committees, provide specific research findings, and contribute articles to publications. These efforts support the goal of the ABF to enhance the public’s understanding of law, legal institutions and legal processes.

38 American Bar Foundation • www.americanbarfoundation.org Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students

2015 marked the twenty-eighth summer the American Bar Foundation has hosted four outstanding undergraduate students as Montgomery Summer Research Diversity Fellows. The fellowship program offers students, who are selected from across the country in a highly competitive application process, the opportunity to explore the field of sociolegal research and observe law practice in the private and public sector. Since 1988, 114 undergraduates have participated in the program.

The summer program is supported in part by the Kenneth F. and Harle G. Montgomery Foundation, the Solon E. Summerfield Foundation, and the National Science Foundation. In 2015 the program was also supported by generous grants from the Law School Admission Council and AT&T.

The 2015 Summer Research Diversity Fellows were: • Meagan McKinstry, of St. Louis, MO, is a rising senior at Grinnell College, majoring in Sociology. She worked with Tom Ginsburg on the Comparative Constitutions Project. • Maritza Navarrete, from Evanston, IL, is a rising senior at Vanderbilt University, where she is double majoring in Economics and Mathematics, with a minor in Islamic Studies. She worked with John Hagan on his research on parental incarceration. • Jay Ruckelshaus, a native of Indianapolis, IN, is a rising senior at Duke University, where he majors in Political Science and Philosophy. He worked with Chris Schmidt, researching civil rights history and the U.S Supreme Court. • Winta Yohannes, born in Eritrea, is a rising senior at Reed College, majoring in Psychology. She worked with Janice Nadler on two projects The 2015 Montgomery Summer Research Diversity Fellows. Left to right: related to the psychology of juries: Maritza Navarrete, Meagan McKinstry, Jay Ruckelshaus, and Winta Yohannes “The Role of Character in Legal Blame and Punishment” and “The Probative Versus Prejudicial Effect of Gruesome Photographs in Court.”

www.americanbarfoundation.org • 2015 Annual Report 39 Doctoral Fellowship Programs

ABF Doctoral Fellows (left to right): Matthew Shaw, Andrew Baer, Amanda Hughett, Joshua Kaiser, Andrea Miller. (Not pictured: Amy Myrick)

Each year, the ABF sponsors two fellowships, the Law and Social Sciences Dissertation Fellowship, and the ABF Doctoral Fellowship, for social science doctoral candidates with research focuses in legal studies. Both fellowships are held in residence in Chicago at the ABF and offer fellows the opportunity to participate in the ABF’s intellectual community, gain feedback on scholarly and professional projects in workshop settings, and utilize ABF resources toward academic goals. Fellows receive valuable mentorship from ABF Research Faculty members and a generous stipend to help complete dissertation projects as well as fund research and conference travel. Past fellows have built on their experiences at the ABF to go on to promising careers in tenure-track university positions and as legal professionals. The Law and Social Sciences Dissertation Fellowship and Mentoring Program, funded in part by the National Science Foundation and the Law and Society Association (LSA), is a two-year fellowship. It is open to third, fourth, and fifth year Ph.D. candidates in social science and/or interdisciplinary programs whose research interests focus on questions of law and equality. The ABF Doctoral Fellowship is a one-year fellowship open to Ph.D. students in social science programs who have completed all doctoral requirements except for the dissertation. The fellowship is broad in scope and welcomes students pursuing research on sociolegal or social scientific approaches to law, the legal profession, and/or legal institutions. Each year, a committee of ABF and LSA members selects two fellows for the Law and Social Sciences Dissertation Fellowship, and the ABF faculty at large selects one fellow for the ABF Doctoral Fellowship. More information about each fellowship and the application process can be found on the Fellowships tab of the ABF’s website.

40 American Bar Foundation • www.americanbarfoundation.org Presentations at the ABF 2015

• , Northwestern University, “How Context and the Nation” Shapes the Authority of International Courts,” (Amanda Hughett); January 14 “DREAMbuilders: • Rebecca Sandefur, University of Illinois, “Accessing The Impact of Justice in the Contemporary USA,” January 21 In-State Resident • Mary Szto, Hamline University, “Chinese Gift- Tuition Policies on Giving, Anti-Corruption Law, and the Rule of Law Undocumented Student and Virtue,” January 28 College Enrollment and • Kimberly Welch, West Virginia University, “Black Graduation” (Matthew Litigants and the Rhetoric of Reputation in the Shaw); and “The Separate American South, 1800-1860,” February 4 Spheres Ideology in the Workplace: • James Pfander, Northwestern University, “The Implications for Gender and Family Responsibilities Contested History of Article III’s Case-or- Discrimination” (Andrea Miller), September 9 Controversy Requirement,” February 18 • Daria Roithmayr, University of Southern California, • Elizabeth Chiarello, Saint Louis University, “The “The Cat-and-Mouse of Payday Lending,” ‘Deserving Patient:’ How Constructions of Patients’ September 16 Moral Worth Influence Pharmacists’ Care Provision,” • Sida Liu, University of Wisconsin, Madison, February 25 “The Politics of Defense: Lawyers and Criminal • Cristina Tilley, Loyola University, “Constructing Justice in China,” September 30 Community Through Tort,” March 11 • Reuben Miller, University of Michigan, “You’re in a • Greta Krippner, University of Michigan, “Undoing Room Full of Addicts! Prisoner Reentry as a Social Difference: Risk Classification and Gender Institution and the Making Up of the Ex-offender,” Discrimination in Auto and Life Insurance,” October 7 March 18 • ABF Seminar Faculty Panel: Jothie Rajah and Tom • Jennifer Robbennolt, University of Illinois, Ginsburg: “Rule of Law Discourses: Abstractions and “The Psychology of Tort Law,” April 1 Silences in the World Justice Project’s Rule of Law Index” (Rajah); “Pitfalls of Measuring the Rule of • Renee Knake, Michigan State University, Law” (Ginsburg), October 14 “Competition, Capture, Courts, and Commercial Speech,” April 8 • Max Schanzenbach, Northwestern University, • David John Frank, University of California, Irvine, “The Effect of Prison Sentence Length on Recidivism: Evidence from Random Judicial Assignment,” “The Social Foundation of Law: Cross-National October 21 Variations in the Criminal Regulation of Sex, 1965 to 2005,” April 22 • ABF Seminar Faculty Panel: Elizabeth Mertz and • Nicole Van Cleve, Temple University, “The Code Laura Beth Nielsen, “Translating Law for Multiple Audiences” (Mertz); “Translating Findings” (Nielsen), of the Courts: Justice in Chicago’s Felony Courts,” October 28 April 29 • • Mario Barnes, University of California, Irvine, ABF Visiting Scholar Panel: Chantal Nadeau, “Taking a Stand: Assessing the Social and Racial Anna Maria Marshall, and Carlo Pedrioli, “Legality Effects of Increased State-Sanctioned Violence,” in the Fields: Farmers, Conservation and Legal May 6 Consciousness” (Marshall); “The New Outlaws: Marriage and the Regulation of the Queer Subject” • David Gibson, Notre Dame University, “The Habits (Nadeau); “State Supreme Courts and the Social of Normal, Innocent People (NIPs) as Construed by Movement for Same-Sex Marriage” (Pedrioli), the North American Juror,” May 13 November 4 • Debut of the 2015-16 ABF Seminar Series: ABF • Gregory Shaffer, University of California, Irvine, Doctoral Fellows—“Silencing the Cell Block: The “Theorizing Transnational Legal Ordering,” Making of Modern Prison Policy in North Carolina November 18

www.americanbarfoundation.org • 2015 Annual Report 41 Sponsored Programs

The ABF research program is supported by an annual grant from the American Bar Endowment (see page 2) and contributions from The Fellows of the American Bar Foundation and other supporters. The ABF also seeks grants for specific research projects and other Foundation programs from government agencies and private foundations. The following external sponsors provided support for projects over the last several years.

Access Group, Inc. Kenneth F. and Harle G. • Punishment Regimes and the Multi-Level • After the JD: Legal Careers in Transition Montgomery Foundation Effects of Parental Imprisonment: Inter- (Ronit Dinovitzer, Robert Nelson, • Montgomery Summer Diversity Research institutional, Inter-generational and Inter- Bryant Garth, and Joyce Sterling) Fellowships in Law and Social Science sectional Models of Inequality and Exclusion (John Hagan and Holly Foster) American Bar Association National Association for • Supplemental grant also awarded Litigation Research Fund Law Placement Foundation under the NSF Research Experiences • Optimizing the Jury Decision-Making • After the JD: The Trajectories of Legal for Undergraduates Program Process (Shari Diamond) Careers (Ronit Dinovitzer, Robert Nelson, Northwestern University AT&T Bryant Garth, Gabriele Plickert, and Joyce Sterling) • Office of the Provost • Montgomery Summer Diversity • School of Law Research Fellowships in Law and National Conference • The Graduate School Social Science of Bar Examiners • Weinberg College of Arts and Sciences Chicago Community Trust • After the JD: Legal Careers in Transition • Kellogg Graduate School of Business (Ronit Dinovitzer, Robert Nelson, • Research and Consultation on the • Third Conference of the Research Group Bryant Garth, and Joyce Sterling) project “Tackling Chicago’s Race on Legal Diversity (Research Group on Narrative” National Science Foundation Legal Diversity) Law School Admission Council • Adolescent and Adult Lives of Children Public Welfare Foundation of Parents Returning from Prison • Montgomery Summer Diversity • Increasing Access to Justice through (John Hagan) Research Fellowships in Law and Expanded Roles Beyond Lawyers: Social Science • Workshop: Parental Incarceration in the Developing and Testing an Evaluation • After the JD: Legal Careers in Transition United States: Bringing Together Research Framework (Rebecca Sandefur, in (Ronit Dinovitzer, Robert Nelson, and Policy to Reduce Collateral Costs to conjunction with the National Center Bryant Garth, and Joyce Sterling) Children (John Hagan) on State Courts) • Accessing Justice in Contemporary America: • Early Post-Law School Careers of Women Robert Wood Johnson Foundation and Men Lawyers in U.S. and German The Community Needs and Services Survey • Investigator Award in Health Policy Cities (John Hagan, Gabriele Plickert, (Rebecca Sandefur, Robert Nelson) Research: Gatekeepers at Life’s End: Patricia Parker, and Hans Merkens) • Supplemental grant also awarded Surrogate Decision-Making in Intensive • From Law School to Later Life: A 20-Year under the NSF Research Experiences Care (Susan Shapiro) Panel Study of the Careers of Women and for Undergraduates Program Men Lawyers (John Hagan, Fiona Kay, • Workshop: Access to Justice: Re-envisioning University of Wisconsin Law and Ronald J. Daniels) and Reinvigorating Research (Rebecca School Global Legal Studies Center • Senior Status, Gender, and Race in Sandefur) • Center on Law and Globalization the Legal Academy (Elizabeth Mertz, • After the JD III: The Trajectories of Legal Regional Colloquium on Globalization Wamucii Njogu, and Carol Greenhouse) Careers (Ronit Dinovitzer, Robert Nelson, of Law, International Organizations and Bryant Garth, and Joyce Sterling) Legal Services Corporation International Law (Terry Halliday, John • Crime, War and Wealth in Pre- and Hagan, Tom Ginsburg) and Friends of Legal Services Post- Invasion Iraq (John Hagan) Corporation Alexander Von Humboldt • Lawyers in the Pursuit of Basic Legal Rights: Foundation, TransCoop Program • Accessing Justice in Contemporary America Criminal Defense in China (Terence • Early Post-Law School Careers of Women (Robert Nelson, Rebecca Sandefur) Halliday and Sida Liu) and Men Lawyers in U.S. and German • Local Courts and African American Google Grants Cities (John Hagan, Gabriele Plickert, Life, 1865-1930 (Dylan Penningroth). • Ongoing in-kind support of the Patricia Parker, and Hans Merkens) American Bar Foundation website Funded under the American Recovery (http://www.americanbarfoundation.org/ and Reinvestment Act of 2009 (Public World Justice Project index.html) Law 111-5) • Rule of Law Research Partnership (Robert • Ethnicity, Inc. (John Comaroff and Nelson, Tom Ginsburg, Jack Knight, Harry Frank Guggenheim Margaret Levi, and Beatriz Magaloni) Foundation Jean Comaroff) • Law and Social Science Dissertation • Home Foreclosures and Criminal Violence Mia Farrow Fellowships and Mentoring Program (John Hagan and Andrea Cann • For in-kind support of The Center (Laura Beth Nielsen; joint program Chandrasekher) on Law and Globalization with the Law and Society Association)

42 American Bar Foundation • www.americanbarfoundation.org Gifts in Honor of Robert L. Nelson

The American Bar Foundation gratefully acknowledges the following individuals who have made a gift in honor of Robert L. Nelson, who served the ABF as director from 2004-2015*

Gerald Aksen William T. Coplin, Jr. Dee J. Kelly Hugo M. Pfaltz, Jr. Alfred C. Aman, Jr. Stephen J. Curley Ted M. Kerr Daniel Reidy G. Ross Anderson, Jr. K. A. Day Ruth L. Kleinfeld Arthur and Toni Rembe Rock Janice G. Barone Thomas J. DeMarino Wayne C. Kyhos W. Ward Reynoldson James Bartimus Hon. Bernice B. Donald David J. Laurent Lauren S. Rikleen Barbara Bartlett Lewis R. Donelson Richard D. Lee Wm. T. Robinson III Fund of the Hon. Henry E. Frye (Ret.) Arthur W. Leibold, Jr. Herbert M. Rosenthal Minneapolis Foundation Richard L. Gabriel Bridget B. Lipscomb Charles R. Rutherford Laurel G. Bellows Mary J. Gallagher Sida Liu Robert J. Sampson Jeffrey H. Bergman Jean and Leonard Gilbert Raymond S. Londa H. Richard Schumacher Ellen Berrey Robert J. Grey, Jr. Graydon D. Luthey, Jr. Jon M. Sebaly Norwood P. Beveridge Hon. Sophia H. Hall William B. Matteson Hon. Miriam Shearing (Ret.) Aldo E. Botti Major B. Harding Joseph Matthews George M. Simmerman Stephen S. Bowen Thomas Z. Hayward, Jr. Adrianne C. Mazura John B. Snyder Roy R. Brandys Geoffrey C. Hazard, Jr. Mary F. McCord Elizabeth S. Stong Allen E. Brennecke John P. Heinz Rachel F. Moran Kenneth H. Suelthaus Charles Bridges Anne W. Hetlage Irving Morris Barry Sullivan Michael H. Byowitz Irving A. Hinderaker John H. Morrison E. Thomas Sullivan Mortimer M. Caplin Alisha Holland Elizabeth K. Moser Walter L. Sutton, Jr. Robert M. Carlson Kathleen J. Hopkins in memory of Lucinda Underwood Bruce C. Carruthers Hon. Joseph H. Young Barbara J. Howard W. Scott Welch III Daniel P. Chesire Jeffrey J. Murphy Barbara K. Howe David B. Wilkins J. Michelle Childs William H. Neukom Richard R. Howe Jeffrey L. Willis Avern Cohn Lynn K. Neuner Anita P. Johnson William F. Womble David A. Collins Robert C. Nusbaum Kile W. Johnson Donald A. Workman John L. Comaroff Dallin H. Oaks Michael C. Jones Charles E. Wright John R. Connelly, Jr. Duncan E. Osborne Charles C. Keller Douglas R. Young Curry L. Cooksey Mr. and Mrs. William G. Paul Peter M. Kellett Jia Zhao *Gifts received as of November 30, 2015 Research Funds The American Bar Foundation acknowledges with gratitude those individuals who continue to support its research funds. The Robert O. Hetlage Scholarship Fund The William Reece The Liz and Peter Moser supports the participation of students and young Smith, Jr. Research Research Fund in Legal faculty in the research programs of the American Fund advances ABF Ethics, Professional Bar Foundation, including the Summer Research research on the topics of Responsibility and Access Diversity Fellowship Program for undergraduate professionalism, pro bono legal to Legal Services supports minority students, the Doctoral Fellowship Program services, and the role of the path-breaking, empirical research for dissertation research, and a Young Scholars legal profession internationally in the field of legal ethics, Program to support research in the first five years to advance human rights and professional responsibility, and of an academic career. access to justice. access to legal services.

www.americanbarfoundation.org • 2015 Annual Report 43 The Fellows of the American Bar Foundation

The Fellows of the American Bar Foundation is an honorary organization of attorneys, judges and legal scholars whose public and private careers have demonstrated exceptional dedication to the welfare of their communities and to the highest principles of the legal profession. Established in 1955, The Fellows encourage and support the research of the American Bar Foundation and sponsor seminar programs on topics of direct relevance to the legal profession. Membership in The Fellows is limited to one percent of the bar membership in each jurisdiction. Fellows are nominated by other Fellows, and nominations are approved by the State Chairs, Fellows Officers and ABF Board of Directors.

In the aftermath of violence in communities such as Fellows Programming Ferguson, Baltimore, Cleveland, and Chicago, the panel The Fellows CLE Research Seminar, “Communities in Crisis: examined the roots of problems in relations between police The Effects of Immigration Law and Politics on American and minority communities and considered proposals for Communities,” was held in February during the ABA change. The panel was moderated by Peggy Davis, Chief Midyear Meeting in Houston. Panelists were: Christina Officer of Programs and Strategic Integration for the Chicago A. Fiflis, Chair, ABA Commission on Immigration, Co- Community Trust, and was co-sponsored by the ABA Chair, ABA Working Group on Unaccompanied Minor Criminal Justice Section, the ABA Judicial Division and Immigrants, and founder of Fiflis Law LLC; Ana M. Kocur, the ABA Section of Individual Rights and Responsibilities. Deputy Director, U.S Department of Justice’s Executive The Fellows Research Advisory Committee (FRAC) Office of Immigration Review; Jamie G. Longazel, works with the Director of the ABF and the officers of The Assistant Professor of Sociology, University of Dayton Fellows to organize the Fellows Research Seminars each year and former ABF Doctoral Fellow and Visiting Professor; and serves as a bridge between the research program of the and Michael A. Olivas, Williams B. Bates Distinguished American Bar Foundation and the profession, including the Chair of Law and Director, Institute of Higher Education practicing bar, the judiciary, and legal education. Law & Governance at the University of Houston. The panel was moderated by the Honorable Delissa A. Ridgway, U.S. Court of International Trade. The panel explored Fellows Events Andrews Kurth the tensions surrounding immigration law as they arise generously sponsored The Fellows Opening in different community contexts, and the implications Reception held on February 5, 2015 at the ABA Midyear for law and policy. Meeting in Houston. The Fellows gathered at the Armadillo “Communities in Crisis: The Effects of Immigration Law Palace for Texas BBQ, line dancing, and great company. and Politics on American Communities” was co-sponsored Several Fellows leaders made welcoming remarks, including Kathleen Hopkins Amy Taylor by ABA Commission on Immigration, ABA Commission , Chair of the Fellows; Dunn Robin Russell on Youth at Risk, ABA Government and Public Sector , Texas State Co-Chair; , on behalf Tony Patterson Lawyers Division, and ABA Section of Family Law. of the Sponsor, Andrews Kurth; and , on In July, during the ABA Annual Meeting in behalf of the American Bar Endowment. Chicago, The Fellows sponsored the CLE Research The 59th Annual Fellows Awards Banquet, generously Susman Godfrey, LLP Seminar, “Perspectives on Race, Communities, and Policing sponsored by , was held in the Union in Twenty-first Century America.” The lively and timely Station Lobby at Minute Maid Park in Houston on February discussion captivated a standing-room only crowd and 7, 2015. The banquet featured presentations to the following garnered significant media attention. Anchored by a research honorees: presentation by Tracey Meares, a member of the President’s • Outstanding Service Award: Benjamin H. Hill III, Task Force on 21st Century Policing, the panel featured Tampa, Florida Craig Futterman, Clinical Professor of Law, University of • Outstanding Scholar Award: Professor Stephen Gillers Chicago; Garry McCarthy, former Superintendent, Chicago , New York University, New York, New York Police Department; Brittany Packnett, Executive Director, • Outstanding State Chair Award: Ava E. Lias-Booker, Kevin L. Shepherd Teach For America - St. Louis and a member of President’s Chair, Baltimore, Maryland, and , Immediate Past Chair, Baltimore, Maryland Task Force) and Sean Smoot, Director and Chief Counsel for the Police Benevolent & Protective Association of Illinois Dr. Sarah Weddington, attorney, former professor, and the Police Benevolent Labor Committee, and member and first female General Counsel of the U.S. Department of President’s Task Force on 21st Century Policing. of Agriculture, gave the keynote address on leadership.

44 American Bar Foundation • www.americanbarfoundation.org During the ABA Annual Meeting in Chicago, The Fellows gathered for a special evening of camaraderie and celebration at The Crown at the Tribune Tower for The Fellows Opening Reception, generously sponsored by Sidley Austin, L.L.P. Fellows leaders made welcoming remarks, and outgoing ABF Director, Robert Nelson, was presented with a letter of appreciation signed by Life Patron Fellow Justice Ruth Bader Ginsburg. The Fellows met again the next morning for the annual Fellows Business Breakfast, generously sponsored by Sidley Austin, L.L.P. The breakfast featured keynote speaker Newton Minow, Senior Counsel to Sidley Austin, who engaged Fellows with his talk entitled “The Law and the Presidential Televised Debates.” Fellows Chair Kathleen Hopkins recapped the work of The Fellows and the Foundation during his term as chair, as well as discussed new Fellows business. Many Fellows State Chairs organized local events where Fellows heard presentations from noteworthy speakers and socialized among colleagues and friends. Washington State Fellows held their annual dinner in October featuring a talk by Attorney General From the top: Bob Ferguson. Oklahoma Fellows were treated Benjamin H. Hill III receives the to a keynote by Justice Douglas L. Combs at Fellows Outstanding Service Award. their Annual Dinner in November. In June, Fellows Professor Stephen Gillers receives the Fellows Outstanding Scholar Award. gathered at the Lansdowne Club in London for a Avia E. Lias-Booker, Maryland State very special black-tie dinner in conjunction with Chair, and Kevin L. Shepherd, Immediate the ABA’s Magna Carta celebration. Local Fellows Past Maryland State Chair, receive the events were also hosted in California, Colorado, Outstanding State Chair Award Dr. Sarah Weddington gives the Connecticut, Washington, D.C., Massachusetts, keynote address. Michigan, Minnesota, Missouri, Nebraska, New Jersey, and New York. Several ABF Research Professors and scholars spoke at Fellows events. 2015–2016 Fellows Officers • Chair: Honorable Cara Lee Neville (Ret.), Minneapolis, Minnesota • Chair-Elect: Michael H. Byowitz, New York, New York • Secretary: Rew R. Goodenow, Reno, Nevada • Immediate Past Chair: Kathleen J. Hopkins, Seattle, Washington 2014–2015 Fellows Officers • Chair: Kathleen J. Hopkins, Seattle, Washington The Seventh Annual Maryland Fellows Reception, September 29, 2015, University of • Chair-Elect: Honorable Cara Lee Neville, Maryland Francis King Carey School of Law, Baltimore. Left to right: Yvette N. Pappoe, Minneapolis, Minnesota President of the Black Law Students Association at the University of Maryland Francis King Carey School of Law; The Honorable Stephanie Rawlings-Blake, Baltimore • Secretary: Michael H. Byowitz, New York, Mayor; Ava E. Lias-Booker, Maryland State Chair and Fellow; Professor Sherrilyn New York Ifill, President and Director-Counsel of the NAACP Legal Defense and Education • Immediate Past Chair: Don Slesnick, Fund, Inc.; Adilina Malavé, President of the Latino/a Law Students Association at Coral Gables, Florida the University of Maryland Francis King Carey School of Law.

www.americanbarfoundation.org • 2015 Annual Report 45 Life Fellows Contributions to the American Bar Foundation

Each year Life Fellows’ contributions support the innovative and influential research being done by the Foundation. This continued financial support is vital to the Foundation’s work. Life Fellow Giving Societies* Giving Societies are composed of Life Fellows whose commitment to advancing justice and the understanding of law is reflected by contributions to the Foundation above and beyond their initial pledge of support. Giving societies are as follows: • A Life Fellow who contributes a minimum of $250 annually will be named a Sustaining Life Fellow • A Life Fellow who contributes an aggregate of $5,000 will be named a Life Patron Fellow • A Life Fellow who contributes an aggregate of $10,000 will be named a Life Benefactor Fellow • A Life Fellow who contributes an aggregate of $25,000 will be named a Life Leadership Fellow *Changes to aggregate amounts were made in 2002. We extend our appreciation to the many Life Leadership, Life Benefactor, Life Patron and Sustaining Life Fellows listed below who invested in the American Bar Foundation during fiscal year 2015 (September 2014 – August 2015). Their generosity continues a longstanding culture of philanthropy that supports the empirical research work of the American Bar Foundation. Contributions can be pledged over a period of years. Life Fellows who contribute annually at the Sustaining Level and higher will be recognized in the ABF Annual Report and on the Fellows website. All Fellows are acknowledged in the Fellows Roster.

Life Leadership Life Benefactor Jimmy K. Goodman Arthur & Toni Life Patron Bobbe Jean Bridge Fellows Fellows James T. Halverson Rembe Rock Fellows Louis M. Brown* Roy A. Hammer Simon H. Rifkind* Stanley M. Brown* Jacqueline Allee Timothy Joseph Samuel Adams Abeska Gerald J Hayes Ronald S. Rolfe Edward A.K. Adler Peter Bubenzer Kenneth J. Burns, Jr.* Howard J. Aibel John P. Heinz Michael J. Rooney Deborah A. Agosti Maurice R. Bullock* Michael H. Byowitz M. Bernard Aidinoff Anonymous Fund of Ellen F. Rosenblum Gerald Aksen Elizabeth J. Cabraser Mortimer M. Caplin Anonymous The Greater Cincinnati James B. Sales H. William Allen Levin H. Campbell Foundation David A. Collins Richards D. Barger Jonathan D. Schiller Susan Frelich Sandra J. Chan Michael J. Horvitz Appleton Alec Y. Chang John J. Creedon David Powers Berten Dennis Arnold Richard R. Howe Schoville Walter P. Ralph E. Clark, Jr.* Ellen J. Flannery Brooksley Armstrong, Jr.* Elizabeth Born William C. Hubbard, Charles W. Schwartz Glenn R. Coates Robert O. Hetlage* in honor of Morris Atlas Timothy W. Bouch Kathleen M. Shay John F. Cogan, Jr. David S. Houghton Carolyn Lamm Scott J. Atlas David O. Brownwood Miriam Shearing Irwin Mark Cohen Douglas A. Jacobsen E. Osborne Ayscue, Jr. Richard P. Cole W. Loeber Landau* The Saltsburg Fund, John Sand Siffert Linda A. Klein Sylvia Bacon Robert MacCrate Karen Lake Buttrey Robert A. Stein William K. Cole* (deceased), Joseph P. Klock, Jr. Gail Dyer Baker Roxanne M. Peter Moser* Guy M. Struve Donald W. Buttrey Robert C. Richard A. Barber* Barton Conlin Michael Traynor William H. Neukom Dan O. Callaghan Knuepfer, Jr. Curtis H. Barnette David M. Cook Lewis H. Wm. T. Robinson III James H. Carter Frances A. Koncilja Janice Gambino William Thomas Van Dusen, Jr.* Barone Coplin, Jr. David K. Y. Tang Robert A. Clifford Jerry Lastelick David E. Van Zandt Jane H. Barrett Robert J. Cunningham William F. Womble Avern Cohn James B. Lee Alvin Weiss David J. Beck Mattie Belle Davis* Joseph W. Cotchett Robert W. Meserve* Joseph A. Woods, Jr.* Donna C. Willard- Philip S. Beck K. A. Day Charlton Dietz Edward G. O’Connor Jones Martin D. Beirne Ellen Conedera Dial Laura M. Douglas Donald R. Osborn William J. Williams, Jr. Lee Rimes Benton Doreen D. Dodson Mr. and Mrs. Jerome Farris William E. Willlis Gregory M. Bergman David S. Doty William G. Paul Robert L. Geltzer Peter A. Winograd Paula E. Boggs Conrad B. Duberstein* Yvonne S. Quinn Sheldon G. Gilman Charles Alan Wright* David Boies William B. Dulany Hector Reichard Lynne Z. Gold-Bikin De Cardona, Jr. Douglas R. Young Steve A. Brand Paul F. Eckstein *Deceased

46 American Bar Foundation • www.americanbarfoundation.org Warren W. Eginton Robert F. Hill John S. Nolan* Robert L. Stern* Cory M. Amron Christopher D. Bernard E. Charles Donald B. Hilliker Bernard W. Nussbaum Charles A. Storke Joseph W. Armbrust, Jr. Richard O. Berndt Eichenbaum* Jeffrey L. Hirsch Jack H. Olender Sidney A. Stubbs, Jr. Lisa Gayle Arrowood Daniel O’Neal Bernstine Mitchell S. Eitel Steven Lyon Holley Adebayo Oriola James M. Sturdivant David Leon Ashford Judah Best Adam O. Emmerich Kathleen Joan Hopkins John E. Osborn E. Thomas Sullivan Nancy F. Atlas J. Truman Bidwell, Jr. Haliburton Fales II Zona F. Hostetler Scott F. Partridge Viola J. Taliaferro Scott J. Atlas Daniel F. Attridge John W. Bissell Hubert A. Farbes, Jr. Lawrence T. Hoyle, Jr. Richard Pena Richard B. Teitelman Del William Atwood Donald W. Bivens Sue Seibert Farnsworth W. Stell Huie Peter N. Perretti, Jr. Joseph Thacker Russell James Austin Jerry W. Blackwell Juli Farris Earl Johnson, Jr. Roderick Norman Richard L. Thies Sara A. Austin Jane Bland Robert R. Feagin III I.S. Leevy Johnson Petrey Lott H. Thomas Mitchell L. Bach Susan Low Bloch John D. Feerick and Justin M. Johnson Hugo M. Pfaltz, Jr. Charles M. Thompson T. Maxfield Bahner Dennis J. Block Emalie Platt Feerick Vincent F. Pitta Wilbur E. Johnson J. David Tracy Benjamin L. Bailey Daniel A. Boehnen James D. Fellers* N. Michael Plaut* Bernard Jolles Marna S. Tucker C. Ronald Baird J. David Bogenschutz Blair C. Fensterstock Richard W. Pogue William F. Joy Herbert G. Underwood Taylor L. Baker, Jr.* Wilber H. Boies Thomas M. Fitzpatrick John B. Power Robert E. Juceam Allan Van Fleet Fletcher Nathaniel Bruce H. Bokor Austin T. Fragomen, Jr. Robert M. Kaufman Roger A. Putnam Betty M. Vitousek Baldwin, Jr. Mary M. Bonacorsi George S. Frazza Stanley Keller Charles J. Queenan, Jr. Bill Wagner John Browning Kathleen Boozang Herschel H. Friday, Jr.* Baldwin Erin E. Kelly Elise Rabekoff Wesley M. Walker* Amelia H. Boss Sherrod Banks Kathleen O’Ferrall Bruce M. Ramer Joseph W. Boucher Friedman Loren Kieve John Bronson Walsh Anthony H. Barash Stephen S. Bowen Charles C. Kingsley Roberta Cooper Ramo Owen B. Walsh David H. Gambrell Jeffrey Barist Judith Farris Bowman John T. Knox Robert M. Raymer Steven T. Walther Kenneth W. Gideon Lisa Schumacher Steve A. Brand Theodore A. Kolb Harry M. Reasoner Roger E. Warin Barkley Jean and Robert G. Brazier Leonard Gilbert Verne M. Laing* James C. Rinaman Wilbur W. Warren III Patricia T. Barmeyer Patricia Breckenridge James H. Gilliam, Jr.* Ronald Larson David W. Robbins Mindee Wasserman Deborah Ann Browers Barnes Charles Bridges Ruth Bader Ginsburg Maryanne R. Lavan Barbara Paul Robinson Virginia Guild Watkin Harry F. Barnes David R. Brink John A. Girardi Arthur W. Leibold, Jr. Nicholas A. Robinson Richard C. Watters Thomas C. Barnett, Jr. Lissa L. Broome Patricia L. Glaser Susan B. Lindenauer Harry J. Roper Pauline A. Weaver John W. Barnum Steven H. Brose Carmine A. Rubino Norman Goldberger Pierce Lively W. Scott Welch III Sandra Baron Charles N. Brower David S. Ruder Maurice B. Graham Leslie E. LoBaugh, Jr. Charles I. Wellborn Jillian Barron Jack L. Brown Melanie Gray Christopher H. Lunding H. Richard Bruce Lord Wilder William H. Brown III Schumacher James Bartimus John A. Grayson* Graydon D. Luthey, Jr., Phillip A. Wittmann Barbara Bartlett Fund John G. Buchanan III Charity Scott Robert J. Grey, Jr. in honor of James Jerry Wood of The Minneapolis Harold C. Robert L. Nelson Marvin Sears Foundation Buckingham, Jr. James T. Haight Donald Alan Workman Lori A. Martin Christopher A. Seeger Ernest T. Bartol Timothy J. Burke Philip M. Halpern Ellen G. Yost Barbara Mendel James M. Sibley William G. Bassler William R. Burkett Gordon F. Hampton* Mayden James R. Silkenat Fredrick H. Bates Robert L. Burrus, Jr. Milton Handler* Sustaining Catherine Woon-Wah Siu Frederick J. Baumann Thomas W. Burt Edward B. Hanify* Stevens McClure Life Fellows John S. Skilton Leo Bearman, Jr. Ann E. Bushmiller John F. Harkness, Jr. Vincent L. McKusick Michael E. Abram Herbert D. Sledd Nancy A. Becker Michael H. Byowitz Edwin A. Harnden Truman Q. McNulty* Patti L. Abramson Edward J. Beckwith John T. Cabaniss David Solomon Harry L. Hathaway Kurt W. Melchior Ann E. Acker Martin D. Beirne A. Bruce Campbell Ezekiel Solomon AM Donald M. Hawkins* Marygold Shire Melli Thomas B. Ackland Herbert J. Belgrad Thomas F. Campion Rayman L. Solomon John Haworth Jack B. Middleton Betty Smith Adams Brigitte Schmidt Bell David M. Cantor Neal R. Sonnett Harry J. Haynsworth IV Robert W. Minto, Jr. Edward A.K. Adler Hubert J. Bell, Jr. Jose Alberto Cardenas Larry W. Sonsini Deborah A. Agosti Keith A. Hebeisen James C. Mordy Laurel G. Bellows Christopher J. Carey Horace E. Stacy, Jr. Deborah Akers-Parry James W. Hewitt John H. Morrison Robert W. Bennett Diana Carey Frederick P. Stamp, Jr. Gerald Aksen Robert B. Hiden, Jr. Mary Mullarkey Steven Alan Bennett G. David Carlock Justin A. Stanley* Mark H. Alcott Morgan Ray Bentley Robert M. Carlson Benjamin H. Hill III Kay C. Murray Joan N. Stern Martin B. Amdur John A. Berman Gary M. Carman

www.americanbarfoundation.org • 2015 Annual Report 47 Life Fellows Contributions to the American Bar Foundation

William C. Carriger Robert J. Cunningham Robert H. Edmunds, Jr. Gibson Gayle, Jr. Guy Harles Dennis J. Kelly Paul D. Carrington Stephen J. Curley Karl John Ege Lisa Atlas Genecov Norman E. Harned David E. Keltner Earl H. Carroll Harvey P. Dale Dorothy Eisenberg James W. Gewin Arthur J. Harrington Howard Kenison Frank J. Carroll Donald M. Dalik James J. Elacqua John Ralph Gilbert Joseph Harroz, Jr. James A. Kenney III Francis D. Carter Anthony J. D’Amico David Wayne Elrod Helen Gillmor Albert C. Harvey John Patrick Kent Robert M. Cary Jack Davis Linda Elrod Daniel C. Girard Aubrey B. Harwell, Jr. Ted M. Kerr Lauren James Caster Leary Davis Julie Ann Emede Thomas V. Girardi Thomas Z. Michael P. Kessler William H. Caudill Richard E. Davis Adam O. Emmerich Rosemary E. Giuliano Hayward, Jr. Philip J. Kessler Carrie Anne Cavallo Richard M. Davis, Jr. Jo Ann Engelhardt Donald W. Glazer John J. Held R. Steven Kestner Carlos Cebollero Theodore H. Davis, Jr. Pamela Chapman H. Lee Godfrey J. Michael Hennigan Henry S. Keuling-Stout Clarissa Cerda Barbara J. Dawson Enslen Richard C. Godfrey Thomas G. Henning Dale A. Kimball Bennett W. Cervin Bruce Ward Day Elaine M. Epstein Norman Goldberger Stephen J. Herman Robert D. Klausner Lawrence G. Cetrulo K. A. Day Michael G. Ermer Jeffrey Bruce Golden Jeffrey L. Hirsch Lori Klockau Charles E. Drew S. Days III Raymond J. Etcheverry Harvey J. Goldschmid Steven A. Hirsch Richard F. Knight Chamberlain, Jr. James P. DeAngelo Allen D. Evans Stephen Goldspiel Eric L. Hiser Herbert M. Kohn J. Michelle Childs Francis X. Dee Robert Harold Fairbank Marc J. Goldstein James R. Hobbs John M. Koneck Frank Joseph Chmelik Robert J. Del Tufo Glenn Phillip Falk Ronald Kinnan Golemon Kay H. Hodge Thomas E. Kopil Jesse Choper Margadette Moffatt Laura Viviana Farber Jeffrey Keenan Gonya John A. Hoffman Edward F. Koren Henry Christensen III Demet Jean M. Faria Rew R. Goodenow Jennifer Bruch Hogan Alan W. Kornberg Joseph E. Cirigliano Michael K. Demetrio Susan Beth Farmer Jamie S. Gorelick Oliver L. Holmes Joseph C. Kovars Thomas A. Clancy Robert P. Denniston Thomas J. Farrell Thomas A. Gottschalk L. Tyrone Holt Robert J. Krapf Bradley Clary James Vinson Joseph A. Fawal William Andrew Henry H. Hopkins Phyllis Kravitch Derrick, Jr. Claude Clayton, Jr. Susan A. Feeney Gowder, Jr. John J. Hopkins Jane Kreusler-Walsh Francis P. Devine John Michael Clear Henry D. Fellows, Jr. Fred King Granade Barbara J. Howard Scott C. Krist Ellen Conedera Dial William H. Lucas A. Ferrara Mark E. Grantham Barry L. Howard William F. Kroener III Clendenen, Jr. A. Darby Dickerson Henry L. Feuerzeig Roger B. Greenberg Barbara Kerr Howe William F Kuntz II Peter V. Coffey Thomas A. Dickson Jeffrey D. Fisher Lawrence S. Greenwald Procter Hug, Jr. Stephen H. Kupperman Gregory M. Cokinos Robert J Diehl, Jr. Thomas M. Fitzpatrick George William Gregory Karen M. Humphreys Joseph P. La Sala Charles A. Collier, Jr. Bernard J. DiMuro Norman Patrick Robert J. Grey, Jr. Michelle Hunter Stephen Thomas John D. Comer Richard DiSalle Flanagan III Christopher L. Griffin Antonia B. Ianniello LaBriola Ian M. Comisky Arthur Thomas Sarah Gemma Benjamin E. Griffith Emmanuel O. Thomas R. Lalla, Jr. Donato, Jr. Flanagan James W. Conrad, Jr. Renie Yoshida Grohl Iheukwumere Robert Todd Lang Lewis R. Donelson Gloria Farha Flentje Joseph Merrick Stephen J. Immelt Myron E. LaRowe Palmer Conran Sharon Wicks Dornfeld James L. Forman Lawrence Gross John B. Isbister Kenneth A. Latimer Leslie Larkin Cooney Denise A. Dragoo Don P. Foster Stuart Z. Grossman Valerie Ford Jacob Douglas C. Lawrence Almeta E. Cooper Rodger A. Drew, Jr. William E. Fox Michael Douglas A. Jacobsen Frederick M. Lawrence Edward H. Cooper Joanne R. Driscoll David Charles Frederick Donwell Gunter William H. Jeffress, Jr. Allegra J. Glenn M. Cooper George H.T. Dudley Paul E. Freehling Peter F. Habein Jorge R. Jimenez Lawrence-Hardy Margaret L. Cooper David E. Dukes Kelly Frels Robert Habush Kile W. Johnson Don LeDuc N. Lee Cooper William B. Dulany Wayne Clark Fricke Harold A. Haddon Lee Best Johnson James B. Lee William Thomas H. Mitchell Dunn, Jr. Michael Fricklas Douglas T. Hague Candace M. Jones William F. Lee Coplin, Jr. John W. Dunn Donald Fried Abbey G. Hairston E. Stewart Jones, Jr. James K. Lehman John G. Corlew M. Douglas Dunn Linda Anne Friedman Donald D. Haley James F. Jorden Connie Lewis Lensing Chris S. Coutroulis John R. Dunne Paul L. Friedman Sophia H. Hall William Frederic Jung E. Bruce Leonard Stephen A. Cozen Donald R. Dunner W. Royal Furgeson, Jr. Leon P. Haller Mary Kay Kane Robert F. Lewis Harold Cramer Antoinette Dupont James Gadsden Jeremiah F. Hallisey Jared Kaplan Jerome B. Libin Thomas William Louise Durfee Mary Jean Gallagher Philip M. Halpern Cranmer Fred Evan Karlinsky Meryl R. Lieberman Marcia M. Eason Michelle Greer Galloway James Hamilton Bernardo M. Cremades John B. Kearney John G. Lile Hope B. Eastman Marie L. Garibaldi Sam and June Hamra Richard H. Critchlow Irene M. Keeley Stephen P. Lindsay Paul F. Eckstein W. Michael Garner Max A. Hansen Mariano-Florentino Charles C. Keller Jeffrey Alan Lipps Cuellar Gerald M. Edenfield Herbert S. Garten Major B. Harding Peter M. Kellett Martin Lipton

48 American Bar Foundation • www.americanbarfoundation.org Evan L. Loeffler Montgomery John Vance Phelps George D. Ruttinger Steven Robert William A. Raymond S. Londa David C. Moody Carter G. Phillips Edward F. Ryan Sorenson Van Nortwick, Jr. Deborah J. Long Thurston R. Moore Irving H. Picard Jennifer A. Rymell Randall Owen Sorrels Palmer Gene Vance II Robert A. Longhi Thomas D. Morgan Eva M. Plaza Robert W. Sacoff Susan S. Soussan Frank J. Vecchione Robert Henry Louis Joseph W. Morris Geoffrey Edward Pope Paul H. Saint-Antoine Thornwell F. Sowell Patricia Jane Villareal Marla J. Luckert Patrick C. Morrow R. Robert Popeo John E. Sandbower III Thomas E. Spahn Stephen F. Vogel Thomas L. Ludington Judy Hamilton Morse Maury B. Poscover Sara P. Sandford Theodore J. Stephen R. Volk St. Antoine Juanita B. Luis Darrell G. Mottley Edward M. Posner Diana M. Savit J. Scott Vowell Walter K. Stapleton Ronald T. Luke Robert S. Mucklestone John Dale Powers Deborah A. Scalise Norman M. Waas Jill Steinberg Martin E. Lybecker J. Shan Mullin Gene E. K. Pratter Andrew Schepard Chaim Wachsberger James L. Stengel Barbara M.G. Lynn Salvador Mungia Roger A. Putnam Howard D. Scher Sol Wachtler Margaret Sylvia H. Walbolt Ted B. Lyon, Jr. Earl H. Munson, Jr. William E. Quirk Sanford J. Schlesinger Deborah Stock Samuel D. Walker Michael M. Lyons Linda Strite Murnane Daniel T. Rabbitt David A. Schwartz Charles A. Storke Timothy B. Walker Judith N. Macaluso Larry Donald Murrell, Jr. Alan S. Rachlin Steven J. Schwartzapfel Malcolm B. Street, Jr. Howard T. Wall III Eric N. Macey Cynthia E. Nance Randall S. Rapp Russell Kenneth Scott Lyle E. Strom Liza M. Walsh Helena S. Maclay Joseph G. Nassif Richard J. Rappaport Richard Seabolt John F. Stroud, Jr. Herbert S. Wander Edward W. Madeira, Jr. Dianne M. Nast Jane S. Ratteree Jon M. Sebaly Claude LeRoy Stuart III Edward G. Warin Marc J. Manderscheid George M. “Jack” Thomas M. Reavley David J. Seipp Henry C. Su Neal, Jr. Ronald F. Waterman Donat C. Marchand David J. Rebein John Sexton Kenneth H. Suelthaus Brian J. Neary Donald E. Weihl Frances S. Margolis Michael H. Reed Floyd Shapiro Fred W. Suggs, Jr. Amy Lynn Neuhardt Amy J. Weis Amy Cashore Mariani Pamela Reeves Mary Jo Shartsis Alan L. Sullivan Frank X. Neuner, Jr. W. Scott Welch III Heman A. Marshall III Patricia Lee Refo L. David Shear Barry Sullivan William R. Newlin H. Thomas Wells, Jr. Judy Perry Martinez Abraham Myron M. Sheinfeld E. Thomas Sullivan John AV Nicoletti Charles Reich J. T. Westermeier Albert J. Matricciani, Jr. William N. Shepherd Patricia Anne Sullivan Dallin H. Oaks Lyle Reid Willis P. Whichard Joseph Matthews Willie Shepherd Timon V. Sullivan Bruce E. O’Connor Daniel Reidy Michael A. White Diane Mauriello John A. Sherrill Charles D. Susano, Jr. Adrianne C. Mazura James Duffy O’Connor Christopher James D. Bruce Shine Charles K. Whitehead Renk Thomas M. Susman Stephen A. Mazurak Richard Michael David E. Shipley Richard S. Wiedman O’Connor Daniel A. Rezneck Walter L. Sutton, Jr. Kenneth W. McAllister Wallace E. Shipp, Jr. Clay R. Williams Eric A. Oesterle Paul F. Richard Thomas P. Sweeney Jon P. McCalla Martin B. Shulkin Thomas W. John J. Okray Henry duPont Ridgely Ronald J. Tabak Williamson, Jr. Diana E McCarthy Joel D. Siegal John J. O’Malley Lauren Stiller Rikleen Susan G. Talley Marguerite Willis Gerald T. McDonald Cathy R. Silak Angela James F. Rill Michael G. Tanner Benjamin F. Wilson James Frederick Onwuachi-Willig David M. Silk John Anthony Tarantino McKibben, Jr. George R. Warren Dexter Kathryn L. Ossian Ripplinger, Jr. Carole Silver Lisa Michelle Tatum Woessner James Bernard Kenneth G. Ottenbreit David W. Rivkin George M. Larry E. Temple Charles B. Wolf McLindon Simmerman, Jr. Marcia M. McMurray Edward H. Pappas Christopher S. Rizek Harvey Mandell Saul A. Wolfe John G. Simon Tettlebaum Gary J. McRay Jennifer L. Parent Nelson Roach Travers D. Wood Georganna L. Simpson Joseph Thacker Donna Melby Sarah Elizabeth Parker J. Robert Robertson Donald Alan Workman Paul M. Singer Larry D. Thompson Michael J Mestayer Robert L. Parks R. Eric Robertson L. Kinvin Wroth Sarah M. Singleton George E. Thomsen Albert J. Mezzanotte, Jr. E. F. Parnell III Russell M. Robinson II Jimmy Wu Don Slesnick Richard L. Thornburgh Arthur M. Michaelson Donald F. Parsons, Jr. Angela E. Rodante Scott Wulfe Thomas J. Samuel A. Thumma Richard W. Millar, Jr. Jeffrey R. Parsons Patrick G. Rogan Smedinghoff James B. Young James W. Tippin George Lloyd Miller Lawrence B. Pedowitz Robert M. Rolfe Thomas F. Smegal, Jr. Stephen P. Younger Mart Tisdal Judith A. Miller Roswell Burchard Jon Howard Rosen Edwin E. Smith William D. Zabel Perkins Bradley J. B. Toben Retta A. Miller John A. Rosholt Norman Randy Smith Stephen N. Zack William J. Perlstein Mary T. Torres Martin D. Minsker Mitchel S. Ross Paul M. Smith Michael S. Zetlin Ralph B. Perry III J. David Tracy Delmer R. Mitchell Jack A. Rounick Raymond G. Smith Jia Zhao Sandra N. Peuler Reginald M. Turner, Jr. Brian J. Molloy Michael H. Rubin Christina A. Snyder Andrea Zopp Gordon P. Peyton Don H. Twietmeyer Thomas J. Moloney Robert F. Ruckman John B. Snyder Howard Zucker Philip John Pfeiffer Lynne Ann Ustach James Douglas Gerald L. Rushfelt Rayman L. Solomon Edward J. Zulkey

www.americanbarfoundation.org • 2015 Annual Report 49 Cornerstone Giving Society

The Cornerstone Giving Society of the American Bar Foundation was created in 2013 to acknowledge our growing family of individuals and organizations who have made contributions to the ABF outside the auspices of The Fellows of the American Bar Foundation Giving Societies.

ABF gratefully acknowledges the following individuals and organizations who have given so generously since 2013 as Cornerstone Giving Society donors.*

Anonymous David H. Morse Cornerstone Organizations Elizabeth L. Ashley Elizabeth K. Moser AT&T Ellen Berrey Robert L. Nelson The Bill & Melinda Gates Foundation Malcolm Beyer Janet and Mark Price Donohue Gallagher and Woods LLP Bruce C. Carruthers Ann Ramseyer and Greenberg Traurig PA Hugo Kapelke Constance C. Carter Jenner & Block LLP George B. Cauthen Mr. and Mrs. S. Donley Ritchey John Deere & Company Global Law Services John L. Comaroff Mr. and Mrs. Kirkland & Ellis LLP Jan Cullinan Harrison Robinson Leadership Council on Legal Diversity Whitney Cunningham Neil S. Rockind Legal Division of Lauren B. Edelman Lawrence Rodowsky Oklahoma Health Care Authority Robin Edwards Elizabeth Roth Lorman Education Services Virginia Furth William Rowe The Kenneth F. and Harle G. Montgomery Foundation on behalf of Bryant Garth Bruce and Heidi Gillies Robert J. Sampson Microsoft Corporation Anne W. Hetlage Edward D. Simsarian Myron M. Studner Foundation Alisha Holland Jennifer Stephen Nelson Mullins Riley & Scarborough LLP Dr. and Mrs. Lucinda Underwood John Holliman Northrop Grumman Corporation Susan Vazzano Reuven J. Katz Ogletree Deakins Nash Smoak & Stewart PC David B. Wilkins Sida Liu Paul Weiss Rifkind Wharton & Garrison LLP Sidley Austin LLP Foundation Walmart

*Gifts or pledges received as of November 30, 2015

50 American Bar Foundation • www.americanbarfoundation.org Personnel

Administration Anna Connelly, Collaborating and Stewart Macaulay, University of Ajay K. Mehrotra, Director Fellows Donor Affiliated Scholars Wisconsin-Madison Law School Services Coordinator (as of September 2015) Catherine R. Albiston, University of Joanne Martin, American Bar Robert L. Nelson, Director (as of July 2015) California, Boalt Hall School of Law Endowment Erin Christmas, (through August 2015) Katherine Barnes, University of Richard McAdams, University Fellows Coordinator Helen Hardy, Director of Arizona Rogers College of Law of Chicago Law School (through July 2015) Finance and Operations Ellen Berrey, University of Denver Mary Hunter McDonnell, Alex Keenan, Fellows Northwestern University School of Law (through June 2015) Rachel Billow, Independent Scholar Events Coordinator David McElhattan, Northwestern Lucinda Underwood, Kenworthey Bilz, University of (July 2015-October 2015) University Director of Communications, Illinois College of Law Natalie Shoop, Fellows James Melton, University College Development, and Operations James Bowers, St. John Fisher Wencia Smithen, Controller Events Coordinator London (as of November 2015) College, Rochester, NY (through September 2015) Hans Merkens, Freie Universität, Henry E. Brady, University of Berlin Wencia Smithen, Director of Accounting California, Berkeley (as of October 2015) Sally Engle Merry, New York Finance Assistant Susan Block-Lieb, Fordham University University Katherine Schultz, Manager, Tessie Harrell Thomas M. Clarke, National Center University of Administrative Services for State Courts Thomas Mitchell, Wisconsin-Madison Law School Erin Watt, Assistant Administrative Jean Comaroff, Harvard University to the Director Associates Alberto Palloni, University of Gabriella Conti, University Wisconsin-Madison Kathryn Harris, College London Manager of Rodrigo Pinto, University of Development & Flavio Cunha, Rice University Information Services Communications California, Los Angeles Yves Dezalay, Centre Nationale de Edgar Tuazon Associate; Program Pascoe Pleasence, University Recherche Scientifique, Paris College London IS Senior Support Manager, Montgomery Summer Research John Donohue, III, Yale Law School Mary R. Rose, University of Texas, Specialist Diversity Fellowship Philipp Eisenhauer, University of Bonn Austin Nichelle Nemo (through November 2015) Stephen Engel, Bates College Jamie Rowen, University of Malcolm Feeley, University of Senior Writer; Editor, Amy E. Schlueter, Massachusetts, Amherst Administrative Associate California, Berkeley Researching Law & Michael Sattinger, University at for Development & Holly Foster, Texas A&M University Albany-State University of New York ABF Annual Report; Communications; Program Jeremy Freese, Northwestern University Kay Lehman Schlozman, Grants Officer Coordinator, Center on Roland G. Fryer, Jr., Harvard Boston College Katharine W. Hannaford Law & Globalization University Gregory Shaffer, University Research Nuno Garoupa, Texas Tech of California, Irvine Grants Officer Law School Elisa Zizza Support Staff Peter Siegelman, University Paula Hannaford-Agor, National of Connecticut Law School (as of November 2015) Maham Ayaz Center for State Courts Carole Silver, Northwestern Emily Bieniek Publications Valerie Hans, University, Pritzker School of Law Pilar Escontrias Amanda Ehrhardt, Anna Hanson, Northwestern Joyce S. Sterling, University of Editorial Coordinator, Adrienne Frie University Denver, Sturm College of Law Law and Social Inquiry & Spencer Headworth Spencer Headworth, Northwestern David Thomson, University of Administrative Associate Sarah Helwink University Denver, Sturm College of Law for Academic Affairs Nicholas Hopkins Philip Edward Jones, University J.D. Trout, Loyola University Chicago Sally Kim of Delaware The Fellows Sidney Verba, Emeritus, Harvard Julie Krueger Joshua Kaiser, Northwestern University University of the American Sarah Malik Lucien Karpik, Écoles des Mines Cheng-Tong Lir Wang, University Bar Foundation David McElhattan & EHESS, Paris of California-Irvine Kathleen D. Pace, Alka Menon Tim Kautz, University of Chicago Zhizhou Wang, University of Director of The Fellows Jeremy Neiss Fiona Kay, Queens University Wisconsin-Madison Timothy Watson, Assistant Daniel Owings Heinz Klug, University of Wisconsin- Jill D. Weinberg, DePaul University Director of The Fellows Simone Rivera Madison Law School David B. Wilkins, Harvard Law Candy Khin, Fellows David Law, Washington University School Database Administrator Matthew Schneider Law School Hongqi Wu, Xiamen University (through August 2015) Ari Shaw Richard O. Lempert, University Sandra S. Yamate, Institute for Michelle Hodalj, Fellows Connor Steelberg of Michigan Inclusion in the Legal Profession Database Administrator Arielle Tolman Ron Levi, University of Toronto Hye Young You, Vanderbilt University (as of August 2015) Frances Tung Yan Lin, Shanghai Jiaotong University Alexander Wind

www.americanbarfoundation.org • 2015 Annual Report 51 Personnel

Research Group Law Firms Working Group, Rule of Law on Legal Diversity sponsored by the American Bar Research Consortium, Leonard Bierman, Texas A&M University Foundation and Indiana University World Justice Project Jamillah Bowman, ABF Doctoral Fellow, Arthur Alderson, Indiana University Benito Arrunada, University Stanford JD/PhD Jonathan Beaverstock, University of Pompeu Fabra Traci Burch, ABF Research Professor, Nottingham School of Geography Tim Besley, London School of Economics Northwestern University, Political Science Laura Beny, University of Michigan Nehal Bhuta, European University Elizabeth Chambliss, New York Law School Law School Institute Ronit Dinovitzer, ABF Faculty Fellow, Leonard Bierman, Mays Business School Juan Botero, World Justice Project University of Toronto, Sociology at Texas A&M University Rosa Brooks, Georgetown University Bryant Garth, ABF Director Emeritus, Steven Boutcher, University of Massachusetts, David Caron, King’s College London Southwestern Law School Amherst Thomas Carothers, Carnegie Elizabeth Gorman, University of Virginia, Andrew Canter, Stanford Law School Endowment Sociology Elizabeth Chambliss, New York Law School Nick Cheesman, Australian National Mitu Gulati, Duke Law School Nicole DeBruin, Northwestern University University John Hagan, ABF Research Professor, School of Law Yu-Chien Chang, Academica Sinica Northwestern University, Sociology and Law Ronit Dinovitzer, University of Toronto Albert Chen, Hong Kong University John Heinz, ABF Research Professor Samuel Estreicher, New York University Adam Chilton, University of Chicago Emeritus, Northwestern Law Emeritus School of Law John Comaroff, Harvard University William Henderson, Indiana University James Faulconbridge, Lancaster University Mariano-Florentino Cuéllar, School of Law Victor Fleischer, University of San Diego Stanford University Jerry Kang, UCLA School of Law School of Law Kevin Davis, New York University Fiona Kay, Queens University, Canada, Marc Galanter, University of Wisconsin Law Larry Diamond, Stanford University Sociology School/ London School of Economics Brad Epperly, University of South Elizabeth Mertz, ABF Research Professor, John Gordanier, Amherst College Carolina University of Wisconsin Law School Elizabeth Gorman*, University of Virginia Julio Faundez, University of Warwick Robert Nelson, ABF Director, Northwestern Gillian Hadfield,University of Southern University, Sociology and Law Julio Rios Figueroa, Centro de California Law School Investigación y Docen-cia Económicas Shaun Ossei-Owusu, ABF Doctoral Fellow, Michael Heise, Cornell Law School UC Berkeley-African American Studies Bryant Garth, University of William D. Henderson*, Indiana University California-Irvine Monique Payne-Pickus, ABF Affiliated Maurer School of Law Scholar James Gathii, Loyola University Chicago Deborah Hensler, Stanford Law School Dylan Penningroth, ABF Research Tom Ginsburg, Co-Chair, University of Michael Hoyler, Loughborough University Professor, Northwestern University, History Chicago and American Bar Foundation Lynn Mather, University at Buffalo Law School Damon Phillips, Columbia University, Jon Gould, American University Business Andrew Morriss, University of Illinois College Gillian Hadfield,University of Southern of Law Gabriele Plickert, Texas A&M University California Daniel Muzio, Lancaster University Lauren Rivera, Kellogg School of Management John Hagan, Northwestern University Management School Mary R. Rose, University of Texas, Austin Gretchen Helmke, University of Jonathan Nash, Tulane Law School Rochester Rebecca Sandefur, ABF Research Social Robert L. Nelson*, American Bar Foundation Scientist, University of Illinois, Sociology Susan Hirsch, George Mason University Sara Peters, Stanford Law School Carroll Seron, University of California Aziz Huq, University of Chicago Irvine, Social Ecology Kevin Quinn, Harvard Institute for Erik Jensen, Stanford University Quantitative Social Science Carole Silver, ABF Affiliated Scholar, Hamid Khan, George Washington Indiana University School of Law Mitt Regan, Georgetown University Law Center University Joyce Sterling, University of Denver Lauren Robel*, Indiana University Maurer Rachel Kleinfeld, Carnegie Endowment College of Law School of Law Jack Knight, Duke University András Tilcsik, Harvard University Tanina Rostain, New York Law School Timur Kuran, Duke University David Wilkins, ABF Affiliated Scholar, Carole Silver, Northwestern Law School Margaret Levi, Stanford University Harvard Law School Peter Taylor, Loughborough University Katerina Linos, University of Victoria Saker Woeste, ABF Research Christopher Tuggle, University of Missouri— California-Berkeley Professor Columbia Beatriz Magaloni, Stanford University Albert Yoon, University of Toronto, Gita Wilder*, NALP Foundation for Law Jenny Martinez, Stanford University Faculty of Law Career Research and Education Daniel Mejia, University of Los Andes (Additional scholars will be added to this research * Member, Law Firms Working Group Steering James Melton, University College group as the program progresses.) Committee London

52 American Bar Foundation • www.americanbarfoundation.org Sally Engle Merry, New York University Cian Murphy, King’s College Smoki Musaraj, University of California-Irvine Robert Nelson, Co-Chair, American Bar Foundation and Northwestern University Eric Neumayer, London School of Economics Randy Peerenboom, La Trobe University Aparna Polavarapu, University of South Carolina Alejandro Ponce, Co-Chair, World Justice Project Jothie Rajah, American Bar Foundation Anita Ramasastry, University of Washington Bo Rothstein, University of Gothenburg ABF Administrative Staff: (standing, left to right) A. Ehrhardt, K. Schultz, E. Watt, E. Tuazon, E. Zizza, K. Hannaford, Joel Samuels, University A. Schlueter, N. Nemo; (seated, left to right) K. Pace, N. Shoop, T. Harrell, A. Connelly, L. Underwood. Not pictured: of South Carolina M. Hodalj, W. Smithen, T. Watson. Kim Lane Scheppele, Princeton University David Shirk, University Visiting Scholars Doctoral Fellows of San Diego Mario Barnes, Professor, UC Irvine Andrew S. Baer, History, Northwestern University Andrei Shleifer, Harvard Law School Maureen Craig, Psychology, Northwestern University Jamillah Bowman, Paul Hastings LLP University Svend-Erik Skaaning, Jeannette Colyvas, Associate Professor, Kasey Henricks, Sociology, Loyola University Aarhaus University Northwestern University Chicago Gordon Smith, University John David Frank, Professor, UC Irvine Amanda Hughett, History, Duke University of South Carolina Sydney Halpern, Professor, University Joshua Kaiser, Sociology & Law, Northwestern Kellye Testy, University of Illinois at Chicago University of Washington Renee Knake, Professor, Michigan State Andrea Miller, Psychology & Law, University Francesco Trebbi, University University College of Law of Minnesota of British Columbia Sida Liu, Assistant Professor, University Amy Myrick, Sociology & Law, Northwestern Renata Uitz, Central European of Wisconsin Law School University University Anna Maria Marshall, Professor, Matthew Shaw, Education, Harvard University Thierry Verdier, Paris School University of Illinois, Urbana- of Economics Champaign Members of the Wheeler Mila Versteeg, University Cesar Rosado Marzan, Associate External Research Review Panel of Virginia Professor, Chicago-Kent College of Law Professor Richard Brooks, Yale Law School Stefan Voigt, University Chantal Nadeau, Professor, University Professor Stewart Macaulay, University of of Hamburg of Illinois, Urbana-Champaign Wisconsin School of Law Barry Weingast, Stanford Carlo Pedrioli, Associate Professor, Professor Michael McCann, Comparative Law University Barry University School of Law and Society Studies Center, University of Washington Bruce Western, Harvard Justin Richland, Associate Professor, Professor Sally Engle Merry, Department University University of Chicago of Anthropology, New York University Jennifer Widner, Princeton Carole Silver, Professor, Northwestern Professor Jennifer Robbennolt, University University University School of Law of Illinois College of Law Michael Woolcock, World Bank Mary Szto, Associate Professor, Professor Robert Sampson (Chair), Qianfan Zhang, Peking Hamline University Law School Department of Sociology, Harvard University University Nicole Gonzalez Van Cleve, Assistant Peer Zumbansen, King’s College Professor, Temple University

www.americanbarfoundation.org • 2015 Annual Report 53 Financial Report 2014–2015

Statements of Financial Position Fiscal Years Ended August 31, 2015 and 2014

August 31, 2015 August 31, 2014 Assets Cash and cash equivalents $464,091 $242,810 Long-term investments at market value 22,211,263 24,234,406 Receivables and other 138,280 170,923 Prepaid expenses 18,578 12,340 Property and equipment 160,760 186,919 Total Assets $22,992,972 $24,847,398 Liabilities Accounts payable and other accrued expenses 402,187 365,696 Short-term loan — 200,000 Deferred revenues 1,000 1,000 Deferred rent liability 503,924 588,600 Minimum pension liability 1,118,108 702,799 Total Liabilities 2,025,219 1,858,095 Net Assets Unrestricted 14,297,198 15,905,496 Temporarily restricted 2,799,752 3,250,339 Permanently restricted 3,870,802 3,833,468 Total Net Assets 20,967,753 22,989,303 Total Liabilities and Net Assets $22,992,972 $24,847,398

Notes: These financial statements are abstracted from the Foundation’s August 31, 2015 financial statements which were audited by Plante & Moran, PLLC. Because the information does not include all disclosures (footnotes) required by the U.S. generally accepted accounting principles (US GAAP), it does not purport to present the Foundation’s financial condition or results of operations without these disclosures. The audited statements and accompanying footnotes are available and will be provided upon request.

54 American Bar Foundation • www.americanbarfoundation.org Statements of Activities Fiscal Years Ended August 31, 2015 and 2014

August 31, 2015 August 31, 2014 Revenues American Bar Endowment grant $3,012,372 $3,365,369 The Fellows of the American Bar Foundation 1,751,060 1,528,348 National Science Foundation grants 114,892 110,347 Other grants/contributions 154,788 166,460 Total Grants and Contributions $5,033,112 $5,170,524 Endowment annual spending allowance 1,099,613 1,062,052 Law and Social Inquiry (journal) 23,852 20,000 Other income and support 3,123 9,974 Total Revenues $6,159,700 $6,262,550 Expenses Research activities 3,511,864 3,479,839 Fellows’ services (net of event revenue) 546,529 429,145 Law & Social Inquiry 103,341 94,091 Liaison research 6,028 2,706 Academic affairs and fellowships 207,834 243,809 Development and fundraising 390,788 378,046 Administration and facilities 1,402,532 1,697,308 Total Expenses $6,168,906 $6,324,944 Results from Operations (9,206) (62,394) Other Foundation Activity – Non-Operating and Restricted Investment activity (less spending allowance) (1,678,321) 2,216,068 Restricted contributions 2,088 296,455 Changes in minimum pension liability (336,108) (26,391)

Total Change in Net Assets (2,021,549) 2,423,738

www.americanbarfoundation.org • 2015 Annual Report 55 Allocation of Funding

FY 2014–2015 American Bar Foundation Research Projects

21% Legal Profession/ Access to Justice/ Legal Education 10% Law, Diversity and Equal Justice 11% Law, Health and Human Development 17% Law and Globalization 14% Rights, Courts and Social Change 16% Criminal Justice 11% Civil Justice and Dispute Resolution

56 American Bar Foundation • www.americanbarfoundation.org Errata In the American Bar Foundation 2014 Annual Report, we neglected to include the acknowledgment of the Honorable Del W. Atwood as a Founding Contributor to the William H. Neukom Fellows Research Chair in Diversity and Law. We regret the error and we thank Judge Atwood for his generous gift. Non-Profit Org. U.S. Postage Paid Palatine P&DC 750 North Lake Shore Drive, 4th Floor Permit #7133 Chicago, IL 60611 www.americanbarfoundation.org

2015 Annual Repor t