2010 Annual Report

2 Introduction to the American Bar Foundation 3 Officers and Directors 4 Past Presidents of the American Bar Foundation 2010 5 Report of the Director: Robert L. Nelson Annual Report 6 Highlights 9 Research Program 12 Research Faculty 12 Research Professors 20 Faculty Fellows 21 Research Social Scientists 22 Faculty Publications 27 Contributors to the John P. Heinz Book Collection Fund 28 Faculty Presentations 32 Faculty Recognition and Professional Service 35 Presentations at the ABF 2010 36 ABF Publications 36 Law & Social Inquiry 36 Researching Law: An ABF Update 37 Liaison Research Services Program 37 Research Funds 38 Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students 39 Sponsored Programs 40 The Fellows of the American Bar Foundation 42 Life Fellows Contributions to the Fellows of the American Bar Foundation 44 In Memoriam: Barbara Adell Curran 45 Personnel 47 Financial Report 2009-2010 inside back cover Allocation of Funding FY 2009-2010

2010 Annual Report 1 Introduction to the American Bar Foundation

Mission The American Bar Foundation is the nation’s leading research institute for the empirical study of law. An independent, nonprofit organization, for more than fifty 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 United States 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 anthropology, economics, history, law, political science, psychology, and sociology. A research project is undertaken only after completion of a very 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 $ 3,750,000 in fiscal year 200 9-2010 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 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 Officers and Directors of the American Bar Foundation

2009 –2010 2010 –2011 Officers and Ex Officio Officers and Ex Officio Directors Carolyn B. Lamm Directors Stephen N. Zack President President, American President President, American Richard Pena Bar Association William C. Hubbard Bar Association Austin, TX Stephen N. Zack Columbia, S.C. Wm. T. Robinson III Vice President President-Elect, Vice-President President-Elect, Hon. Bernice B. Donald American Bar Association Hon. Bernice B. Donald American Bar Association Memphis, TN William C. Hubbard Memphis, TN Linda A. Klein Treasurer Chair, House of Delegates, Treasurer Chair, House of Delegates, American Bar Association American Bar Association David E. Van Zandt David E. Van Zandt Chicago, IL Alice E. Richmond (through October 2010) Alice E. Richmond Treasurer, American Chicago, IL Treasurer, American Secretary Bar Association Bar Association David A. Collins David A. Collins Detroit, MI Roderick B. Mathews (as of November 2010) N. Lee Cooper President, American Detroit, MI President, American Susan Frelich Appleton Bar Endowment Bar Endowment St. Louis, MO Secretary Alan S. Kopit Alan S. Kopit Laurel G. Bellows David A. Colliins Chair of the (through October 2010) Chair of the Council of the Chicago, IL Council of the Fund for Fund for Justice and Education, Detroit, MI Mortimer M. Caplin Justice and Education, American Bar Association American Bar Association Ellen J. Flannery Washington, D.C. Kay H. Hodge (as of November 2010) David S. Houghton Chair, The Fellows of the Jonathan J. Cole Washington, D.C. Nashville, TN Chair, The Fellows of the American Bar Foundation American Bar Foundation Susan Frelich Appleton Lauren B. Edelman Doreen D. Dodson Kay H. Hodge St. Louis, MO Berkeley, CA Chair-Elect, The Fellows of Chair-Elect, The Fellows of Laurel G. Bellows the American Bar Foundation Ellen J. Flannery the American Bar Foundation Chicago, IL Myles V. Lynk Washington, D.C. Doreen D. Dodson Mortimer M. Caplin Secretary, The Fellows of George S. Frazza Secretary, The Fellows of Washington, D.C. the American Bar Foundation New York, NY the American Bar Foundation Lauren B. Edelman (Vacant) Leonard H. Gilbert Berkeley, CA Dean, Northwestern Tampa, FL Executive University Law School Committee George S. Frazza Wilma J. Pinder New York, NY Los Angeles, CA Richard Pena , Chair Executive Committee Leonard H. Gilbert David A. Collins Wm. T. Robinson III Tampa, FL William C. Hubbard , Chair Florence, KY Hon. Bernice B. Donald Richard Pena Richard Pena Hon. Ellen F. Rosenblum David S. Houghton Austin, TX David A. Collins Salem, OR William C. Hubbard Hon. Bernice B. Donald Hon. Ellen F. Rosenblum E. Thomas Sullivan Wm. T. Robinson III Salem, OR Ellen J. Flannery Minneapolis, MN David E. Van Zandt Kay H. Hodge E. Thomas Sullivan Minneapolis, MN Special Advisors Special Advisors Walter L. Sutton, Jr. David K.Y. Tang Bentonville, AR Jimmy K. Goodman Jimmy K. Goodman David B. Wolfe David S. Houghton Livingston, NJ David K.Y. Tang

2010 Annual Report 3 Past Presidents of the American Bar Foundation

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

4 American Bar Foundation Report of the Director

This is a time of enormous challenge for the legal profession and the system of justice. The American Bar Foundation is conducting research that directly addresses many of these challenges. The global financial crisis that began in 2008 had dramatic short-term effects on several sectors of the legal profession, from law schools to law firms to the fiscal strength of our courts. Scholars of the legal profession are debating what the long-term effects of the economic shock will be. Does it portend a radical restructuring of law partnerships or the careers of lawyers? Do these changes have greater effects on some groups than others, such as minority lawyers or women? Will the changes in the legal marketplace force a rethinking of legal education or how it is financed? As the leading source of research on the legal profession, the ABF is informing the debates around these important questions. The ABF’s After the JD Project is tracking the professional lives of a large national sample of lawyers who passed the bar in the year 2000. After conducting interviews with this group in 2003 and 2007, the project has secured funding for a third wave of interviews in 2012. The next set of interviews will reveal the effects of changes in the profession on this cohort of lawyers, and will allow unprecedented comparisons across race and ethnicity, gender, law school, and geographic location. ABF projects are examining the changing shape of public interest law practice, a sector which faces increasing financial pressures due to changes in fee-shifting rules, limitations on supported activities, and problems of attorney frustration and burnout. A new research initiative on access to justice promises to offer insights into both the supply of and demand for legal services for Americans across the income spectrum. ABF research continues to shape debates about the future of legal education. From in-depth studies of how law school shapes the thinking of law students, to research on what law graduates found valuable in legal education after they began practice, to studies of whether women and minority law professors felt fairly treated in the law school tenure process, ABF research is making a unique contribution to the dialogue about changes in the legal academy. In these and other areas of the ABF research program, the hallmark of ABF research is independence, rigor, and relevance. Work of such quality would not be possible without the longstanding support of the American Bar Endowment and the Fellows of the American Bar Foundation. Their support has allowed us to recruit and retain the world’s leading faculty conducting advanced research on law. Our fellowship programs for undergraduate and graduate students is passing on the heritage of innovative research to new generations of scholars. I hope the pages that follow capture some of the excitement and significance of the research being conducted at the American Bar Foundation. We feel privileged to be conducting research that offers new understandings of law and how it might be shaped to better serve the interests of justice.

Robert L. Nelson

2010 Annual Report 5 Highlights

At this year’s Law and Society Meetings, held in May in Chicago, ABF scholars received significant recognition. ABF Research Professor Shari Seidman Diamond received the Harry Kalven, Jr. Prize from the Law and Society Association for “empirical scholarship that has contributed most effectively to the advancement of research in law and society.” Diamond is a widely recognized expert in law and psychology who has conducted pathbreaking research on juries. The awards ceremony held another ABF highlight, as the keynote speaker was Mariano-Florentino (Tino) Cuellar, a Stanford Law professor who was on leave as a Special Assistant to the President for Justice Left to right: Law and Society Association keynote speaker Stanford Law Professor and Regulatory Policy, White House Domestic Policy and ABF SRDF alumnus Tino Cuellar, ABF Research Professor Shari S. Diamond, Council. Cuellar was a Montgomery Summer Research Winner, Kalven Prize, Law and Society Association, Former ABF Research Associate Heather Schoenfeld, Winner, Dissertation Prize, Law and Society Association, Law Diversity Fellow at the ABF in 1992. After finishing his and Society Association President Laura Gomez, ABF Director Robert Nelson. fellowship, Cuellar completed a J.D. at Yale and Ph.D. from Stanford, before joining the Stanford law faculty. At the same meetings a series of panels celebrated the scholarly accomplishments of ABF Research Professor John P. Heinz upon his taking emeritus status. Heinz, former Director of the ABF, is one of the world’s foremost experts on the legal profession. He and co-author Edward O. Laumann received the Kalven Prize in 1987 in recognition of their highly influential book, Chicago Lawyers . The panels took up major themes of Heinz’s research: lawyers and networks of power, status and inequality within the legal profession, markets and organizations in legal services, and the autonomy of lawyers. Selected papers will be published in a special issue of the ABF’s ABF Research Professor Terry Halliday scholarly journal, Law & Social Inquiry . The ABF’s Center on Law and Globalization (a joint effort with the University of Illinois College of Law) continues to see notable accomplishments and events. ABF Research Professor Terence Halliday and co-author Bruce Carruthers received three awards for their book Bankrupt: Global Lawmaking and Systemic Financial Crisis (Stanford 2009)—from three different sections of the American Sociological Association (Sociology of Law, Economic Sociology, and Global and Transnational Sociology). The Center organized two high level conferences: in March the Center held a conference in Washington, D.C. at the headquarters of the International Monetary Fund on “Measuring Law.” It brought together legal staff from international and financial institutions with academic

6 American Bar Foundation specialists in measuring and appraising law. In May in Geneva, Switzerland, the Center convened a conference on public-private relationships in health, development, and trade. Center leaders Halliday and John Hagan each were awarded grants from the National Science Foundation on projects dealing respectively with criminal defense lawyers in China and regime-sponsored violence in pre- and post-invasion Iraq. The ABF initiated a new program of research on access to justice to be headed by Senior Research Social Scientist Rebecca Sandefur, formerly of Stanford University. Sandefur and ABF colleagues Robert Nelson and Laura Beth Nielsen have met with the leadership of the Legal Services Corporation ABF Director Emeritus and Dean of Southwestern and state level court administrators to plan a series Law School Bryant Garth speaks about his book, Asian Legal Revivals, at the Fellows Research Seminar in of possible projects. They convened a meeting of Orlando, FL, February 2010 leading scholars in the field at the ABF in November and are moving ahead with efforts to map the supply of and demand for legal services across the nation. ABF Research Professor Elizabeth Mertz organized a conference on “Legal Education Reform after Carnegie-Bringing Law-in-Action into the Law School Classroom,” co-sponsored by the ABF and held at the University of Wisconsin Law School in October. The conference brought together legal educators and social scientists who are introducing curricular innovations and attempting to measure their effectiveness in law school and beyond. The Midyear Meetings of the American Bar ABF Director Robert Nelson speaks on the future of diversity in Association held in February in Orlando, Florida, the legal profession at the Business Breakfast of the Fellows in in February, showcased ABF scholars in the persons San Francisco, CA, August 2010 of Research Professor (on leave) Steven Levitt, who was the keynote speaker at the Fellows Awards Banquet, and Director Emeritus, Bryant Garth, who presented on his newly published book, Asian Legal Revivals (University of Chicago Press 2010, co-authored by Yves Dezalay), at the Fellows Research Seminar, chaired by former Fellows chair, James R. Silkenat. In 2010 the ABF continued to expand its research program in diversity and law. Director Robert Nelson gave presentations from the After the JD project on the future of diversity in the legal profession to the Business Breakfast of the Fellows in San Francisco in August and before groups in Chicago, New York City, Columbia, Missouri, Washington, D.C., and Omaha. The ABF hosted four undergraduates in the Montgomery Summer Research Diversity Fellowship

2010 Annual Report 7 Highlights

program and has 6 doctoral fellows in residence, four of whom are supported by a grant from the National Science Foundation in cooperation with the Law & Society Association for students conducting research on inequality and law. The Fellows have begun a new diversity initiative, which seeks to enhance outreach in Fellows recruitment. In April ABF co-sponsored a major 2010 ABF Doctoral Fellows. Left to Right: Rashmee Singh, Jaime Longazel, Jordan Gans-Morse, Destiny Peery, conference on human Shaun Ossei-Owusu, Kim Welch (not pictured: Jamillah Bowman) capability, held at the University of Chicago. “Creating Capabilities: Sources and Consequences for Law and Social Policy” was organized by ABF Research Professor and Henry Schultz Distinguished Service Professor, University of Chicago James J. Heckman, and professors Martha C. Nussbaum of the University of Chicago and Robert A. Pollack of Washington University, St. Louis. The ABF had a record breaking year for obtaining new external grants, bringing in over $857,000 in new grants. The ABF again proved successful in all grant submissions to the National Science Foundation. The last 15 ABF proposals to NSF have been funded, resulting in a success rate over the last 5 years of more than 90% compared to the current overall NSF funding rate of 23%. ABF scholars continue to gain national and international recognition. In addition to the awards mentioned above, John Hagan was elected to the American Academy of Arts and Sciences, James Heckman was elected President of the Econometric Society (effective in 2013), Elizabeth Mertz was awarded a Fellowship in Princeton University’s Law and Public Affairs Program, and former Research Professor Austan Goolsbee was appointed Chairman of the Council of Economic Advisers.

8 American Bar Foundation The Research Program

The core of the ABF research program consists of thirty or more research projects that have been submitted by the research faculty for approval by the Board of the ABF as meeting our mandate to produce research that advances the understanding and potential improvement of law, legal institutions, and legal processes. Proposals are reviewed by an internal research committee composed of the members of the research faculty, an external committee of distinguished scholars from other universities (the Wheeler Committee), the research committee of the Board, and finally by the Board as a whole. Brief descriptions of individual projects can be found under the listings of the research faculty. The following describes projects by broad topical area.

The Legal Profession and Legal Education There is more empirical expertise on the legal profession at the ABF than there is in any other scholarly institution. Emeritus Research Professor John Heinz and colleagues are studying the roles of lawyers in national politics. Elizabeth Mertz is studying the legal academy and recently published a report and article detailing striking differences in perceptions of the fairness of the tenure review process between women, minorities, and white men. John Hagan and continue to collect experimental data and publish Gabriele Plickert’s comparative research on lawyers results on the effect that law can have in conflict and in the U.S. and Germany reveal significant differences bargaining situations, not through sanctions, but by in the effect of gender on lawyers’ careers in these getting parties to focus on particular outcomes. ABF two societies. Laura Beth Nielsen and colleagues Research Professor Laura Beth Nielsen and colleagues have demonstrated significant transformations in are shedding new light on the dynamics of employment public interest law practice, coupled with continuing discrimination litigation. In a widely cited article they challenges of how to maintain attorney morale and found, contrary to media reports, that plaintiffs are commitment in an underresourced environment. likely to lose or take small settlements, that class actions The After the JD Project discussed above reveals are extremely rare, that significant numbers of plaintiffs that mobility among young lawyers has become norm. are not represented by a lawyer, and that a majority of Nonetheless career satisfaction remains high. Still plaintiffs without lawyers have their cases dismissed women and minorities experience appreciable levels compared to 20% of all cases. Work in progress employs of unequal treatment in the legal workplace. Thus, interviews with plaintiffs and defendants. The data although the legal profession has opened up for women show that both sides in employment discrimination and minorities at the entry-level, equal opportunity litigation are unhappy with the system, albeit for remains a challenge with respect to advancement. different reasons.

Justice, the Courts, Law and Globalization and Dispute Resolution The ABF has emerged as a leading research institute ABF research on civil justice, juries, and the for the study of law and globalization. John Hagan’s courts continues to shape policy debates about the pathbreaking research on genocide and sexual violence changing character of the American judicial system. as international crime, Terence Halliday’s research on Prize-winning scholar Shari Diamond is nearing the the diffusion of bankruptcy regimes, and John and Jean completion of her book on the civil jury that promises Comaroff’s research on vigilante violence in South to be the most important empirical study of the jury Africa and the global movement toward treating tribal since Kalven and Zeisel’s American Jury (1966). ABF identities as commercial commodities ( Ethnicity , Inc. Research Professor Janice Nadler and colleagues 2009) all received major book or career awards.

2010 Annual Report 9 The Research Program

the roles that lawyers (and more broadly the “legal complex”) can play in the operation of democratic institutions across different societies. After publishing two books from the project, they recently learned that their third book—on British post-colonies—has been accepted for publication. Historian and Research Professor Victoria Woeste has been examining another face of law and democracy in her historical analysis of the trial of Henry Ford for group libel against a leading Jewish attorney in the 1920’s. The book has been accepted for publication by Stanford University Press .

Law and Health Three ABF projects are making highly original contributions to the burgeoning intersection of law and medicine. Susan Shapiro and her research team were able to gain extraordinary access to stroke and intensive care units in a research hospital. They were able to observe over two hundred cases in which families struggled with decisions about the medical treatment of a loved one unable to make decisions for themselves. Shapiro’s results are striking and Law and offer a very different perspective on the effectiveness Democracy of advanced medical directives than suggested in ABF research examines the previous research based on retrospective accounts. role of law and lawyers in the Carol Heimer is studying the world AIDS epidemic promotion (or limitation) of in the United States and abroad. Building on her prize- democratic processes in the winning book on the role of law in neo-natal intensive United States and abroad. care units, Heimer is examining the “legalization” ABF’s world class political theorist, Research Professor of medicine in AIDS treatment and research. She Bonnie Honig, published Emergency Politics: Paradox, is analyzing three important rule systems: clinical Law, Democracy (Princeton University Press 2009), practice guidelines, rules for the conduct of research, which analyzed the dangers to and possibilities for and governance protocols. She is observing these in four democracy in times of national emergency, such as we different national contexts: the United States, Uganda, witnessed in the aftermath of September 11. Honig has South Africa, and Thailand. These four countries have turned to the topic of civil disobedience and law in a adopted very different strategies and have had very much heralded re-examination of the Greek tragedy, different levels of success in the fight against AIDS. Antigone , which has served as a central text in courses Through this comparative research design Professor taught in law school and political science departments. Heimer can observe the interaction of global forces Research Professor Traci Burch has been examining (multinational organizations, patent law, etc.) with the effect of felon disfranchisement on presidential national health policies and local medical practices. elections in 2004 and 2008, and is writing a book Her objective is to understand whether rule systems on the relationship between incarceration and in medicine can be constructed in ways that produce community political activity. Given striking medical decisions that are more fair and effective. differences in incarceration rates across racial groups, Nobel Laureate economist and ABF Research the research has important implications for equal Professor James Heckman is continuing his prize- political participation for American minority groups. winning research on the effects of early childhood Terence Halliday and colleagues have been examining education and health on life outcomes. Recent work

10 American Bar Foundation includes studies of notable preschool programs and the effects of the American collaborations with psychologists to examine the impact criminal justice system on of non-cognitive skills and self-control on achievement, young people. In a series of crime, and health in later life. articles they have documented the negative consequences of Law in Our Lives parental incarceration on the While many of the projects described above clearly life trajectories of youth. The relate to the role that law plays in the lives of lawyers imprisonment of fathers not and other groups, some ABF projects take a special only adds to the cumulative interest in the role of law in our lives. Legal historian disadvantage of their children, the Christopher Tomlins (on leave) recently published effects appear to be especially severe Freedom Bound (2010), a comprehensive treatment for the daughters of incarcerated of master and servant law in Colonial America. men. The absence of biological Historian Dylan Penningroth is investigating fathers from households associated the activities and experiences of African-Americans with incarceration leave daughters in local civil courts from the Civil War through the at special risk of abuse and neglect Great Migration. This project has the potential to by non-biological father figures. be a theoretical and methodological breakthrough. This year Hagan published Who Using sophisticated techniques to construct a sample Are the Criminals? The Politics of Crime of 3,700 civil cases in four states—Virginia, New Policy from the Age of Roosevelt to the Age of Reagan Jersey, Mississippi, and Illinois—including roughly (Princeton University Press 2010), a historical 560 involving African-Americans, the project will examination of differences in the treatment of violent revise the conventional understanding of the use of and white collar criminals. In a new project, Hagan law by African-Americans in this period. Whereas is examining the relationship between mortgage most previous accounts depict the law as indifferent foreclosures and crime rates. or hostile to African-Americans in this era, the research Steven Levitt (on leave), the best-selling author of thus far suggests that African-Americans, most of them Freakonomics and a leading economist of his generation, working class, were using the courts to pursue their continues to make significant contributions to own interests. This project has won a significant economic studies of crime. Some of this research is grant from the National Science Foundation. reported in Levitt’s new book, Superfreakonomics. Tracey Meares, now of Yale Law School, is continuing several projects that were begun with Criminal Justice ABF support. Meares and colleagues are studying The ABF continues to have a strong commitment legitimacy and policing. In an ambitious research to the field of criminal justice. Research Professor, design, involving more than 1,000 respondents in John Hagan, past president of the American at least 10 different cities, they presented video clips Society of Criminology, is one of the world’s leading of police-citizen encounters to respondents. The criminologists. His research on the International respondents were given different priming instructions Criminal Tribunal for Former Yugoslavia and on the concerning both the police department in the city genocide in Darfur has taken the study of crime to and the characteristics of the police officer and citizen the transnational field of human rights enforcement. involved. Meares hopes to establish the extent to The Stockholm Prize in Criminology explicitly which perceptions of police-citizen encounters are recognized this contribution of Hagan’s international shaped by membership in a minority community, work. With colleagues, Hagan has published new prior experience with the police, priming information, research suggesting how social science data might and the observed content of the interaction. The be used as evidence in prosecutions of sexual violence study may have profound implications for the factors in conflict and post-conflict situations. that shape the legitimacy of the police. The dataset Hagan and colleagues continue to examine will become publicly available through the ABF.

2010 Annual Report 11 Research Faculty Research Professors

Traci Burch Ph.D., Government and Social Policy, Harvard University Joint Appointment: Assistant Professor of Political Science, Northwestern University Research Interests: U.S. politics, political behavior, race and ethnic politics, criminal justice. Current research examines the effects of criminal convictions and incarceration on individual and neighborhood voter participation; changes in racial categorization as a result of intermarriage and immigration; and interest group participation in the Supreme Court. Current ABF Project Imprisonment and Neighborhood Political Participation This project measures the number of people in prison, on probation, and on parole by neighborhood in several U. S. cities, and estimates the effect of these imprisonment and supervision rates on voting and political attitudes.

John L. Comaroff Ph.D., Anthropology, University of London Joint Appointment: Harold W. Swift Distinguished Service Professor in Anthropology and the College, University of Chicago; also Honorary Professor of Social Anthropology, University of Cape Town. Research Interests: legal and political anthropology with a current focus on crime, policing, and informal justice, on postcolonial governance, and on the politics and economics of ethnic identity. Current ABF Project Ethnicity, Inc This study investigates the conditions under which ethnic groupings seek empowerment by incorporating themselves, by deploying their sovereign legal status for economic ends, and by copyrighting their cultural practices, knowledge, designs, and performances as intellectual property.

Stephen Daniels (on leave, 2010) Ph.D., Political Science, University of Wisconsin Research Interests: law and public policy; components of the U.S. civil justice system; U.S. Supreme Court/Constitutional Law. Research has addressed 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 It’s Deja Vu All Over Again: Plaintiffs’ Lawyers and the Evolution of Tort Law and Practice in Texas (with Joanne Martin) The project examines the changes in the practices of plaintiffs’ lawyers in the wake of tort reform. These changes are important because tort reform is a major arena of policy debate in the United States, and because these lawyers act as gatekeepers to the civil justice system and the rights and remedies the law provides.

12 American Bar Foundation 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 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, judgments about fairness, and how courts use and fail to make use of scientific evidence. Current ABF Projects Building on the Arizona Filming Project (with Mary R. Rose) This comprehensive view of jury deliberations is based on the deliberations of 50 real civil juries. Using this unique data set, we answer a variety of theoretical and policy-related questions about the jury. Condemn-Nation: The Social Psychological Foundations of the Kelo Backlash (with Janice Nadler) Please refer to Janice Nadler’s entry for project description. Optimizing the Jury Instruction Process (with Elizabeth L. Murphy) Studies designed to develop and test the legal understanding of jurors that courts can use in revising jury instructions.

Bryant G. Garth ABF Director Emeritus; Dean, Southwestern Law School; Ph.D., European University Institute; J.D., Stanford Law School Research Interests: the legal profession: how globalization is transforming the role of law and lawyers in different areas of the world, and tracking the trajectories of lawyers within the United States. Current ABF Projects After the J.D. (with Ronit Dinovitzer, Gabriele Plickert, Robert Nelson, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description. Lawyers and the Construction of the Rule of Law: National and Transnational Perspectives (with Yves Dezalay) This project, with Yves Dezalay, will result in two edited volumes that will be published by Routledge in 2011 containing empirical studies on (1) the role of lawyers in constructing the rule of law nationally and (2) the role in constructing the rule of law transnationally.

John Hagan Ph.D., Sociology, University of Alberta Joint Appointment: John D. MacArthur Professor of Sociology and Law, Northwestern University Research Interests: international criminal law, war crimes, lawyers, youth crime, war resistance. Current ABF Projects 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-

2010 Annual Report 13 Research Faculty Research Professors

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. Parental Incarceration and Intergenerational Social Exclusion: “The Long Arm of the Law” (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. A challenge of this project is to deepen and broaden understanding of intergenerational consequences of incarcerating parents. Early Post-Law School Careers of Women and Men Lawyers in U.S. and German Cities (with Gabriele Plickert, Patricia Parker, and Hans Merkens) This research is expanding a national U.S. study of lawyers (the American Bar Foundation’s After the JD study) to include two cities in Germany—Frankfurt and Berlin. This will be a comparative study of the entry and advancement of women and men lawyers in the business and political capitals of these two countries. The project extends ongoing comparative research on the legal profession in the U.S. and Canada to Germany.

Terence Halliday Ph.D., Sociology, University of Chicago Research Interests: the globalization of law in markets and politics. The research on law and markets focuses on international trade law, with special reference to the ways in which international trade organizations, such as UNCITRAL, UNIDROIT, and the Hague Conference on Private International Law, create global norms in such diverse areas as corporate bankruptcy law, maritime law and secured transactions. The research on globalization and politics, part of an international research collaborative, analyzes the support or resistance of the legal complex (e.g., lawyers, judges, prosecutors, law faculty) to the advance of political liberalism worldwide. A new project, authorized in 2008, studies the ability of China’s criminal defense lawyers to protect basic legal freedoms. Current ABF Projects Global Norm-Making: UNCITRAL, International Organizations and Corporate Insolvency Regimes (with Susan Block-Lieb) This book project provides an empirically-based analysis of how global norms are produced for international trade law, which states or non-state organizations are the most influential shapers of those norms, and the politics of producing a global consensus. The book focuses on the United Nations Commission on International Trade Law and three recent products: the Legislative Guide on Insolvency; the Legislative Guide on Secured Transactions; and the Convention on Carriage of Goods by Sea (Rotterdam Rules). The Legal Complex and Struggles for Political Liberalism (with Lucien Karpik and Malcolm Feeley) This project investigates how lawyers and judges contribute to political liberalism. Together the ABF and the National Science Foundation have supported the second and third rounds of international collaborations on ways that the legal complex—legally-trained professions—fight for the moderate

14 American Bar Foundation state, civil society, and basic legal freedoms. In the second volume, Fighting for Political Liberalism , sixteen experts show how the struggle has unfolded in thirteen countries across Asia, North America, Latin America, the Middle East, and Europe. In the third volume, Fortunes and Misfortunes of Political Liberalism: The Legal Complex in the British Post-Colonies , scholars weigh the trajectories of countries in South Asia (Pakistan, India, Sri Lanka), Africa (Sudan, Malawi, Zambia, Namibia) and South East Asia (Malaysia, Singapore). Current work continues on questions about the politics of the legal complex and religion, gender, and public dramaturgy. 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: the development of a scientific basis for economic policy evaluation, using a body of new econometric tools that address this issue. Current research focuses on the economics of human development and building theoretical and empirical models of human capacity formation, with an emphasis on the role of the family in producing capacities and the effects of capacities on education, wages, health, crime, and other dimensions of lifetime achievement. Current ABF Project: Capabilities and Self-control: Implications for Crime, Health and the Law This project researches the economics and psychology of capabilities with an emphasis on self-control with a particular focus on the effects of self-control on crime and health. The research investigates how these capabilities are produced and the consequences of these capabilities for the law.

Carol A. Heimer Ph.D., Sociology, University of Chicago Joint Appointment: Professor of Sociology, Northwestern University Research Interests: the relationship between law and other systems of rules and norms. Research has focused especially on how people work with rules in medical settings, including HIV clinics and neonatal intensive care units. The research asks what people typically do when attempts to follow one set of rules are stymied by obligations to comply with another and how medical workers who are not trained in law modify their use of rules as their environment becomes more legalized. Current ABF Project: The Legal Transformation of Medicine: How Rules Work in the International World of HIV/AIDS The Legal Transformation of Medicine is a comparative study of the role of law in medicine. In recent years, American medicine has been “legalized” as relatively informal regulation by professional peers has been supplanted by an increasingly formal regulatory system. By no means confined to the US, this rule-based regulation has diffused widely, sometimes freely adopted by medical workers eager for the legitimacy conferred by American medical science, at other times imposed on foreign scientific and clinical colleagues by American funding agencies and research organizations. The book is grounded in ethnographic work and interviews on the use of rules (broadly conceived) in HIV/AIDS clinics in the US, Uganda, South Africa, and Thailand.

2010 Annual Report 15 Research Faculty Research Professors

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. Current ABF Project Networks Among Lawyers Active in National Policymaking (with Ann Southworth and Anthony Paik) This study examines the networks of relationships among lawyers engaged in a broad range of political issues, including abortion, gun control, judicial selection, eminent domain, bankruptcy, medical malpractice, flag desecration, and class actions. Research is charting the lines of division among these lawyers, and seeks to identify those who cross political boundaries.

Bonnie Honig Ph.D., Political Science, Johns Hopkins University Joint Appointment: Sarah Rebecca Roland Chair, Political Science, Northwestern University Research Interests: legal theory, philosophy of law, democratic theory. Current ABF Project Antigone, Interrupted: On the Role of a Classic Text in Law, Philosophy and Democratic Theory Sophocles’ Antigone is routinely taught in law school and political science department courses on civil disobedience. The story of a woman’s demand to bury her brother, Antigone has been treated as emblematic of principled disobedience or self-sacrifice for at least 200 years in the west and in post-colonial contexts as well. But what are we teaching when we teach this text? This project looks at the multiple established and possible future meanings of the original play, situating it in historical context in fifth-century Athens and also in contemporary democratic and legal theory.

Steven D. Levitt (on leave, 2010) 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 Fryer) 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.

16 American Bar Foundation Elizabeth Mertz (on leave, 2010) Ph.D., Anthropology, Duke University; J.D., Northwestern University School of Law Joint Appointment: John and Rylla Bosshard Professor of Law, University of Wisconsin Research Interests: language and law, legal education, and how law translates the world around it. Examination of these questions through the methods of anthropology and linguistics. Current ABF Project Senior Status in the Legal Academy (with Katherine Barnes) This project studies the experiences of post-tenure law professors in the U.S. legal academy. It began with a national survey; follow-up interviews have been performed with 100 of the survey respondents. Although they have not generally been the focus of research on law schools, it is the tenured law faculties who in large part decide the shape and culture of the law schools that produce our country’s lawyers, judges—and many of its politicians. This study provides the first in-depth empirical information we have on their attitudes and experiences.

Janice Nadler Ph.D., Social Psychology, University of Illinois; J.D. Boalt Hall School of Law, University of California, Berkeley Research Interests: social psychology and law, with focuses on compliance with the law; the psychology of property; perceptions of responsibility and fairness; and negotiation and conflict. Current ABF Projects Condemn-Nation: The Social Psychological Foundations of the Kelo Backlash (with Shari Diamond) This project focuses on the rift between the public’s expectations about the circumstances under which government should be permitted to take private property, on the one hand, and eminent domain law, on the other. The goal of the study is to provide an initial map of common sense perceptions of justice regarding takings. Expressive Law: Testing the Effects of Third-Party Recommendations on Behavior in Coordination Games (with Richard McAdams) This project seeks to understand empirically the effects that law has apart from sanctions that it imposes. The project tests experimentally the theory that law influences behavior in coordination games with multiple equilibria by providing a focal point for behavior.

Robert L. Nelson ABF Director; MacCrate Research Chair in the Legal Profession; Ph.D., Sociology, Northwestern University; J.D., Northwestern University 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. Current ABF Projects 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,

2010 Annual Report 17 Research Faculty Research Professors

the second in 2007-08, and the third contact is planned for 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 . Pursuing Law’s Promise: Researching Access to Justice in 21st Century America (with Rebecca L. Sandefur, Laura Beth Nielsen, and Aaron C. Smyth) Please refer to Rebecca Sandefur’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: Associate Professor of Sociology and Law, 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 Pursuing Law’s Promise: Researching Access to Justice in 21st Century America (with Rebecca L. Sandefur, Robert L. Nelson, and Aaron C. Smyth) Please refer to Rebecca Sandefur’s entry for project description. 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 in the workplace. Public Interest Law Firms (with Catherine R. Albiston) This quantitative and qualitative study focuses on access to justice with an emphasis on one organizational environment. 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.

Dylan C. Penningroth Ph.D., History, Johns Hopkins University Joint Appointment: Associate Professor of History, Northwestern University Research Interests: African American history, comparative histories 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.

18 American Bar Foundation Current ABF Project Local Courts and African American Life, 1865-1930 This study focuses on husband-wife relations, the rise of the independent black church, migration, and the interaction between legal categories and popular conceptions such as respectability and race, examining local court records as both a source of information and a core subject of inquiry. By focusing on cases where plaintiff and defendant were both black, the project seeks to shift emphasis beyond the traditional framework of black/white race relations, while exploring the specific, often contradictory roles that racial thinking played.

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.

Christopher L. Tomlins (on leave, 2010) Ph.D., American History, Johns Hopkins University; University of California-Irvine, School of Law; American Bar Foundation Research Professor Research Interests: Anglo-American legal history across a broad front, from the “early modern” era (the beginning of the sixteenth century) into the later twentieth century. Recent work gathers together several related fields of inquiry—the history of colonizing; the historical relationship between migration, labor force creation and law; the history of the relation of master and servant (labor and employment law), of the legal structure of the employment relationship, and of slavery; and the history of civic identity. Current research includes projects on the theory and method of legal history—the history of the treatise; the course of legal history “after” critical legal history; the conceptualization of legal history as “a structural history of national legal practices”; and the intersection between legal history and the critical theory of Walter Benjamin.

Victoria Saker Woeste (on leave 2010) Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; Visiting Professor of Law and American Studies, Indiana University-Indianapolis Research Interests: the direction and scope of change in 20th century U.S. legal history, particularly in the fields of regulation and political economy. Current ABF Project Henry Ford’s War: Law, Antisemitism, and Speech in the Tribal 1920s This project examines the emergence of the concept of group libel in modern American law. When Henry Ford’s antisemitic newspaper explicitly demonized American Jews and denied the legitimacy of their claims to equality and citizenship, ambivalent Jewish civil rights lawyers and religious leaders were divided over the utility of litigation as a tool for addressing discrimination in its social (as opposed to legal) forms.

2010 Annual Report 19 Research Faculty Faculty Fellows

Bernadette Atuahene JD, Yale Law School; M.P.A., Harvard University Joint Appointment: Assistant 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. Current Research Project: The Effects of Land Restitution in South Africa: A Qualitative Study Under the South African Restitution of Land Rights Act (LRA), only those dispossessed of a “right in land after 1913 as a result of a racially discriminatory law or practice” are eligible to receive compensation. During eight months in the field over 150 semi-structured interviews have been conducted with urban people who were evicted from their land by the Apartheid government and who were compensated by the new political dispensation through the LRA. South Africa has two populations that are valuable for this study—beneficiaries that received compensation in the form of “reparations” (compensation without choice) and “restoration” (compensation with choice). The recently collected interview data will be used to investigate the difference between reparations and restoration as well as other important hypotheses.

Ronit Dinovitzer Ph.D., Sociology, University of Toronto Joint Appointment: Assistant 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. 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 Projects After the JD (with Bryant Garth, Robert Nelson, Gabriele Plickert, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description.

Ryon Lancaster Ph.D., Sociology, Northwestern University Joint Appointment: Assistant Professor of Sociology, University of Chicago Research Interests: organizational sociology, sociology of law, economic sociology, and historical sociology. Current ABF Projects Employment Discrimination Litigation (with Laura Beth Nielsen, Robert L. Nelson, John Donohue III, and Peter Siegelman) Please refer to Laura Beth Nielsen’s entry for project description.

20 American Bar Foundation Research Faculty Research Social Scientists

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. Optimizing the Jury Instruction Process (with Shari Seidman Diamond) Please refer to Shari Seidman Diamond’s entry for project description.

Gabriele Plickert Ph.D., Sociology, University of Toronto Research Interests: social networks, mental health, legal profession and organizations, and international comparisons. Current scholarship focuses on the work and personal career trajectories of legal professionals; comparisons of legal cultures, social networks, and ethical rulings in law firms and corporations. Current ABF Projects Early Post-Law School Careers of Women and Men Lawyers in U.S. and German Cities (with John Hagan, Patricia Parker, and Hans Merkens) Please refer to John Hagan’s entry for project description. After the JD (with Ronit Dinovitzer, Bryant Garth, Robert L. Nelson, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description.

Rebecca L. Sandefur Ph.D., Sociology, University of Chicago Joint Appointment: Consulting Assistant Professor of Sociology, Stanford University Research Interests: inequality, poverty and social stratification; access to justice; occupations and professions; work, mobility and labor markets. Current research examines how ordinary people think about and respond to civil justice problems and the institutions that exist to assist people with those problems in the US and other societies; how experience with civil justice problems affects social class inequality; the impact of counsel on case outcomes; the careers of lawyers who work for ordinary people, either as public servants, public interest lawyers or attorneys who provide legal services directly to individuals. Current ABF Project Pursuing Law’s Promise: Researching Access to Justice in 21st Century America (with Laura Beth Nielsen, Robert L. Nelson, and Aaron C. Smyth) Through a series of innovative empirical research projects, Pursuing Law’s Promise investigates Americans’ experiences with their civil justice problems and the institutions of remedy that exist to serve them. The goal is to produce new knowledge essential for policy makers and service providers as they seek to respond to the legal needs of the public today.

2010 Annual Report 21 Faculty Publications Research Professors

Traci Burch • “It is No Longer Viable from a Practical and Business • “Did Disfranchisement Help Elect President Bush? Standpoint: Damage Caps, ‘Hidden Victims,’ and New Evidence on the Turnout Rates and Candidate the Declining Interest in Medical Malpractice Cases” Preferences of Florida’s Ex-Felons,” Political Behavior (with J. Martin), 16 International Journal of the Legal (forthcoming) Profession 187 (2009) • “Turnout and Party Registration among Criminal • “Legal Services for the Poor: Access, Self-Interest Offenders in the 2008 General Election,” Law and and Pro Bono” (with J. Martin), in R. Sandefur, ed., Society Review (forthcoming) Access to Justice (Elsevier Press, 2009) • “Can the New Commander-In-Chief Sustain His • Review of Wayne McIntosh & Cynthia Cates, All Volunteer Standing Army?” 6 The Dubois Review: Multi-Party Litigation: The Strategic Context 19 Social Science Research on Race 153 (2009) The Law and Politics Book Review 598 (2009) • “American Politics and the Not-So-Benign Neglect Shari Seidman Diamond of Criminal Justice,” in G. King, K. Schlozman & • “Reference Guide on Survey Research” (3rd edition), N. Nie, eds., The Future of Political Science: 100 in Reference Manual on Scientific Evidence (Federal Perspectives (Routledge, 2009) Judicial Center/National Academy of Sciences, • “Political Voice in an Age of Inequality” (with K.L. forthcoming) Schlozman), in R. Faulkner, M. Landy, R. S. Melnick, • “Efficiency and Cost: The Impact of and S. Shell, eds., America at Risk: The Dangers Ahead Videoconferenced Hearings on Bail Decisions” (University of Michigan Press, 2009) (with L. Bowman, L. M. Wong, & M.M. Patton), John L. Comaroff Journal of Criminal Law & Criminology (forthcoming) • “Reflections on the Rise of Legal Theology: Law • “Empirical Scholarship in Law Reviews” (with P. and Religion in the 21st Century,” 53 Social Analysis Mueller), 6 Annual Review of Law & Social Science 193 (2009). Also published in B. Kapferer, ed., Vital 581 (2010) Matters: Religious Movements, Emergent Socialities and • “Juries and Judges in the Public’s Mind: Race, the Post-Nation (Berghahn, 2010) Ethnicity, and Jury Experience” (with M.R. Rose • “The End of Anthropology, Again: Toward a New & C. Ellison), 93 Judicature 194 (2010) In/discipline,” 112 American Anthropologist 524 (2010) • “The Promise of a Cognitive Perspective on Jury • “Bétail, perles et pièces de monnaie: L’équivalence et Deliberation (with J. Salerno), 17 Psychonomic les transformations de la monnaie dans les territoires Bulletin & Review 174 (2010) coloniaux d’Afrique du Sud” (with Jean Comaroff), • “Jurors’ Discussions of a Defendant’s History of Child 34 Anthropologie et sociétés 236 (2010) Abuse and Alcohol Abuse in Capital Sentencing • Zombies et frontières à l’ère néolibérale. Le cas de Deliberations” (M.C. Stevenson & B.L. Bottoms), l’Afrique du Sud postcoloniale (With Jean Comaroff) 16 Psychology, Public Policy, & Law 1 (2010) [Zombies and Frontiers in the Age of Neoliberalism: • “Goffman on the Jury: Real Jurors’ Attention to the The Case of Postcolonial South Africa] (Paris: Les ‘Offstage’ of Trials” (with M.R. Rose & K.M. Baker), Prairies ordinaries, 2010) 34 Law and Human Behavior 310 (2010) • Theory from the South: Or, How Euro-America is Evolving Toward Africa (with Jean Comaroff) Bryant G. Garth • Editor (with Y. Dezalay), Lawyers and the Rule of Law in (Paradigm Publishers, forthcoming 2011) an Era of Globalization (Routledge, forthcoming 2011) Stephen Daniels • Editor (with Y. Dezalay), Lawyers and the Construction • Co-Editor (with J. R. Bowers), Inside Campaigns of Transnational Justice Routledge, forthcoming 2011) (Lynne Rienner Publishers, forthcoming) • Asian Legal Revivals: Lawyers in the Shadow of Empire • “Plaintiffs’ Lawyers and the Tension between (with Y. Dezaley), (University of Chicago Press, 2010) Professional Norms and the Need to Generate • “Marketing Professional Expertise by (Re)Inventing Business,” (with J. Martin) in L. Levin and L. Mather, States : Professional rivalries between lawyers and eds., Lawyers in Practice: Ethical Decision-Making in economists as hegemonic strategies in the international Context , (University of Chicago Press, forthcoming) market for the reproduction of national state elites” • “Plaintiffs’ Lawyers: Dealing with the Possible But (with Y. Dezaley), in “ Development and Semi-periphery: Not Certain” (with J. Martin), DePaul Law Review Post-neoliberal Trajectories in South America and Central (forthcoming) Eastern Europe (Anthem Press, forthcoming)

22 American Bar Foundation • “Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts” (with C. Menkel-Meadow), in P. Cane & H. Kritzer, eds., Oxford Handbook of Empirical Legal Research (Oxford University Press, forthcoming) • “State Politics and Legal Markets” (with Y. Dezalay), 9 Comparative Sociology 953 (2010) • “The Economy of Legal Practice as a Symbolic Market: Legal Value as the Product of Social Capital, Universal Terence Halliday Knowledge, and State Authority” (with Y. Dezalay), • Editor (with L. Karpik & M. Feeley), Fortunes and European Socio Economic Newsletter (forthcoming 2010) Misfortunes of Political Liberalism: The Legal Complex • “Marketing and Selling Transnational ‘Judges’ in the Post-Colony (Cambridge University Press, and Global ‘Experts’: Building the Credibility forthcoming 2011) of (Quasi) Judicial Regulation” (with Y. Dezalay), • “Colonialism’s Legacies: Variations on the Theme 8 Socio-Economic Review 113 (2010) of Political Liberalism in the British Post-Colony” • “Exploring Inequality in the Corporate Law Firm (with L. Karpik), in T. Halliday, L. Karpik & M. Apprenticeship: Doing the Time, Finding the Love” Feeley, eds., Fortunes and Misfortunes of Political (with J. Sterling), 22 Georgetown Journal of Legal Liberalism: The Legal Complex in the Post-Colony , Ethics 1361 (2009) (Cambridge University Press, forthcoming 2011) • “What is the Scope of the Recursivity of Law?” John Hagan Discussion Forum, Socio-Economic Review • Who Are The Criminals? The Politics of Crime (forthcoming 2011) Policy from the Age of Roosevelt to the Age of Reagan • “ ‘The Conscience of Society?’ ” The Legal Complex, (Princeton University Press, 2010) Religion, and the Fates of Political Liberalism,” in • “Experiencing Discrimination: Race and Retention S. Cummings, ed., An Unfinished Project: Law and in Large American Law Firms” (with M. Payne-Pikus the Possibility of Justice (Oxford University Press, & R. Nelson), 44 Law & Society Review 553 (2010) forthcoming 2011) • “Reasonable Grounds Evidence Involving Sexual • “Missing Debtors: National Lawmaking and Global Violence in Darfur” (with R. Brooks & T. Haugh), Norm-Making of Corporate Bankruptcy Regimes” Law & Social Inquiry (forthcoming) (with S. Block-Lieb & B. Carruthers), in R. Brubaker, • “The Displaced and Dispossessed of Darfur,” (with R. Law, C. Tabb, eds., A Debtor World: Interdisciplinary J. Kaiser), British Journal of Sociology (forthcoming) Perspectives on an Indebted Global Society (Oxford • “The Masculine Mystique: Living Large from Law University Press, 2010) School to Later Life” (with F. Kay) Canadian Journal • “Rhetorical Legitimation: Global Scripts as Strategic of Law & Society (forthcoming) Devices of International Organizations” (with S. • “Collaboration and Resistance in the Punishment Block-Lieb & B. Carruthers), 8 Socio-Economic of Torture in Iraq,” (with G. Ferrales & G. Jasso), Review 77 (2009) 28 Wisconsin Journal of International Law 1 (2010) • “The Fight for Basic Legal Freedoms: Mobilization • “Specifying Criminogenic Strains: Stress Dynamics by the Legal Complex,” in J. Heckman, R. Nelson and Conduct Disorder Trajectories” (with H. Foster, & L Cabatingan, eds., Global Perspectives on the Rule D. Nagin, A. Gold & J. Costello), 31 Deviant Behavior of Law (Routledge-Cavendish, 2009) 440 (2010) • Bankrupt: Global Lawmaking and Systemic Financial Crisis • “Structural Pre-Conditionality, Smoking Gun (with B. Carruthers), (Stanford University Press, 2009) Evidence, and Collective Command Responsibility for War Crimes in the former Yugoslavia” (with S. James J. Heckman • “Estimating Marginal Returns to Education” (with Krutnick), 14 UCLA Journal of International Law P. Carneiro & E. Vytlacil), American Economic Review & Foreign Affairs 149 (2009) (forthcoming 2011) • “Immigration and Youthful Illegalities in a Global • “The GED,” (with Humphries, J. E. & Mader, N. S), Edge City” (with R. Dinovitzer & R. Levi), 88 Social in E. A. Hanushek, S. Machin, & L. Woßmann, eds., Forces 337 (2009) Handbook of the Economics of Education , Volume 2 (North-Holland, forthcoming 2011)

2010 Annual Report 23 Faculty Publications Research Professors

• “Tests of Hypotheses Arising In the Correlated • “The Rate of Return to the Perry Preschool Program” Random Coefficient Model ” (with D. Schmierer), (with S.H. Moon, R. Pinto, P. Savelyev & A. Yavitz), Economic Modeling (forthcoming 2010) 94 Journal of Public Economics 114 (2010) • “Effective Child Development Strategies,” in S. Barnett and E. Zigler, eds., Debates and Issues Carol A. Heimer in Preschool Education (forthcoming 2010) • “Extending the Rails: How Research Reshapes Clinics” (with J. Petty), Social Studies of Science • “Investing in Our Young People” (with F. Cunha), (forthcoming 2011) in A. Reynolds, A. Rolnick, M. Englund & J. Temple, eds., Cost-Effective Programs in Children’s First Decade: • “The Unstable Alliance of Law and Morality,” in A Human Capital Integration (Cambridge University S. Hitlin & S. Vaisey, eds., Handbook of the Sociology Press, forthcoming 2010) of Morality (Springer, 2010) • “A New Cost-Benefit and Rate of Return Analysis • “Bureaucratic Ethics: IRBs and the Legal Regulation for the Perry Preschool Program: A Summary” (with of Human Subjects Research” (with J. Petty), 6 S.H. Moon, R. Pinto, P. Savelyev & A. Yavitz), in Annual Review of Law and Social Science 601 (2010) A. Reynolds, A. Rolnick, M. Englund & J. Temple, eds., Cost-Effective Programs in Children’s First Decade: John P. Heinz • “Lawyers in National Policymaking” (with A. Paik A Human Capital Integration (Cambridge University & A. Southworth), in S. Cummings, ed., Law and Press, forthcoming 2010) the Possibility of Justice (Cambridge University Press, • “Evaluating Marginal Policy Changes and the forthcoming 2010) Average Effect of Treatment for Individuals at • “Lawyers’ Professional and Political Networks the Margin” (with P. Carneiro & E. Vytlacil), Compared: Core and Periphery,” Arizona Law 78 Econometrica 377 (2010) Review (forthcoming 2011) • Conti, G., Heckman, J.J. & Urzua, S. “The • “Political Lawyers: The Structure of a National Education-Health Gradient,” 100 American Network” (with A. Paik & A. Southworth), Economic Review : Papers & Proceedings 234 (2010) Law and Social Inquiry (forthcoming 2011) • “Understanding the Early Origins of the Education- Health Gradient: A Framework that can also be Bonnie Honig Applied to Analyze Gene-Environment Interactions” • “Ismene’s Forced Choice: Sacrifice and (with G. Conti), 5 Perspectives on Psychological Sorority in Sophocles’ Antigone ”, 44 Arethusa Science 585 (2010) (forthcoming 2011) • “Estimating the Technology of Cognitive and • “Between Sacred and Secular”: Michael Walzer’s, Noncognitive Skill Formation” (with F. Cunha Exodus and Revolution ,” in N. Sussman, Walzer & S. Schennach), 78 Econometrica 883 (2010) Festschrift (forthcoming 2011) • “Building Bridges between Structural and Program • “By the Numbers” in M. Walzer, ed., The Jewish Evaluation Approaches to Evaluating Policy,” Political Tradition , Vol 3 (Yale University Press, 48 Journal of Economic Literature 356 (2010) forthcoming 2011) • “The Effect of Prayer on God’s Attitude toward • “The New Realism: From Modus Vivendi to Justice” Mankind,” 48 Economic Inquiry 234 (2010) (with M. Stears), in M. Stears, ed., Realism and • “The Viability of the Welfare State,” in J. Heckman, History (Cambridge University Press, forthcoming) R. Nelson and L. Cabatingan, eds., Global Perspectives • “Antigone’s Two Laws: Greek Tragedy and the on the Rule of Law (Routledge 2010) Politics of Humanism,” 41 New Literary History 1 • “Nonparametric Identification of Nonadditive (2010) Hedonic Models” (with R. Matzkin & L. Nesheim), • “Agonality: Conceptions of Agonism in Arendt 78 Econometrica 1569 (2010) and Arendt scholarship,” (with J. Wolfe Ackerman), • “Analyzing Social Experiments as Implemented: in W. Heuer, B. Heiter & S. Rosenmüller, eds., A Reexamination of the Evidence from the Hannah Arendt-Handbuch: Leben—Werk—Wirkung . HighScope Perry Preschool Program” (with (Verlag J.B. Metzler, 2010) S.H. Moon, R. Pinto, P. Savelyev & A. Yavitz), • “Participation and the Desire for Democracy,” 1 Quantitative Economics 1 (2010) in English and Italian, in GAM Magazine (a project of the Galleria Civica d’Arte Moderna e Contemporanea, Turin, Italy, October 2010)

24 American Bar Foundation Steven D. Levitt • “Evaluating the Effectiveness of Child Safety Seats and Seat Belts in Protecting Children from Injury” (with J. Doyle), 48 Economic Inquiry 521 (2010) • “The Impact of Legalized Abortion on Teen Childbearing,” 11 American Law and Economics Review 24 (2009) • “Homo Economus Evolves,” 319 Science 909 (2008) • “Getting it Done: Ethnographic Perspectives on • “Exploring the Impact of Financial Incentives on NGOs: Editors’ Introduction” (with A. Timmer), Stereotype Threat: Evidence from a Pilot Study” 33 PoLAR: Political and Anthropological Review (with R. Fryer & J. List), 98 AEA Papers and (forthcoming 2010) Proceedings 370 (2008) Janice Nadler • “Antitrust Implications of Home Seller Outcomes • “The Language of Consent in Police Encounters” when using Flat-Fee Real Estate Agents” (with (with J.D. Trout), in L. Solan & P. Tiersma, eds., C. Syverson), Brookings-Wharton Papers on Urban Oxford Handbook On Law and Language (Oxford Economics (2008) University Press, forthcoming) • “Market Distortions when Agents are Better • “Law, Psychology & Morality” (with K. Bilz), in D. Informed: The Value of Information in Real Estate Medin, L. Skitka, C. W. Bauman, & D. Bartels, eds., Transactions” (with C. Syverson), 9 0 Review of Moral Cognition and Decision Making: The Psychology Economics and Statistics 599 (2008) of Learning and Motivation , Vol. 50 (Academic Press, • “Measurement Error, Legalized Abortion, and the 2009) Decline in Crime: A Response to Foote and Goetz” (with J. Donohue), 123 Politics & the Life Sciences Robert L. Nelson 425 (2008) • “Experiencing Discrimination: Race and Retention • “Evidence that Seat Belts Are as Effective as Child at America’s Largest Law Firms” (with J. Hagan Safety Seats in Preventing Death for Children,” 90 & M. Payne-Pikus), 44 Law and Society Review The Review of Economics and Statistics 158 (2008) 553 (2010) • “Individual Justice or Collective Legal Mobilization?: Elizabeth Mertz Employment Discrimination Litigation in the Post • “Toward a New Legal Empiricism: Empirical Legal Civil Rights United States” (with L.B. Nielsen & Studies and New Legal Realism” (with M. Suchman), R. Lancaster), 7 Journal of Empirical Legal Studies 6 Annual Review of Law and Social Science 555 (2010) 175 (2010) • “Undervaluing Indeterminacy: Translating Social • Editor (with J. Heckman & L. Cabatingan), Science into Law,” DePaul Law Review (forthcoming) Global Perspectives on the Rule of Law (Routledge- • “Is It Fair? Law Professors’ Perceptions of Tenure” Cavendish, 2010) (with K. Barnes), Journal of Legal Education • “Global Perspectives on the Rule of Law: A Preface (forthcoming) and an Introduction” (with L. Cabatingan), in • “Social Science and the First Apprenticeship: J. Heckman, R. Nelson, and L. Cabatingan, eds., Moving the Intellectual Mission of Law Schools Global Perspectives on the Rule of Law (Routledge- Forward,” Journal of the Legal Writing Institute Cavendish, 2010) (forthcoming) • “Are We There Yet? Empirical Research and • After Tenure: 2010 Study Report ( with K. Barnes, the Predicted Demise of Large Law Firms: An F. Tung, W. Njogu, M. Heiler, & J. Martin), Introductory Essay,” 23 The Georgetown Journal (forthcoming) of Legal Ethics 1249 (2009) • “Anthropology at Many Crossroads: Editor’s • After the JD II: Second Results from a National Study Introduction,” 33 PoLAR: Political and Anthropological of Legal Careers (with R. Dinovitzer, G. Plickert, Review 1 (2010) R. Sandefur, & J. Sterling), American Bar Foundation • “At Disciplinary Edges: Editors’ Introduction” (with and The NALP Foundation for Law Career Research K. Bowie), 33S PoLAR: Political and Anthropological and Education (2009) Review 1 (Supplemental Issue, 2010)

2010 Annual Report 25 Faculty Publications Research Professors

Laura Beth Nielsen • “The Legalities of English Colonizing: Discourses • “Power in Public: Reactions, Responses, and of European Intrusion upon the Americas, Resistance to Offensive Public Speech,” in M. K. c.1490-1830,” in S. Dorsett & I. Hunter, eds., McGowan and I. Maitra eds., forthcoming volume Law and Politics in British Colonial Thought: (Oxford University Press, forthcoming, 2011) Transpositions of Empire (Palgrave-MacMillan, forthcoming 2010) • Laura Beth Nielsen, “Mixed Methods in Empirical Legal Studies Research,” in Kritzer ed., Oxford • “What Would Langdell Have Thought? UC Irvine’s Handbook of Empirical Legal Studies (Oxford New Law School and the Question of History,” University Press, 2010) 1 UC Irvine Law Review (forthcoming 2010) • “Individualized Justice: Litigating Claims of • “Toward a Materialist Jurisprudence,” in A. Brophy Employment Discrimination in the Contemporary & D. Hamilton, eds., Transformations in American United States” (with R. Nelson & R. Lancaster), Legal History, II: Law, Ideology, and Methods—Essays 7 Journal of Empirical Legal Studies 175 (2010) In Honor of Morton J. Horwitz (Harvard University Press, forthcoming 2010) • Laura Beth Nielsen and Jill D. Weinberg, Book Review, “Lawyers of the Right: Professionalizing the • “Expanding Boundaries: A Century of Legal History,” Conservative Coalition,” Journal of Legal Education in J. M. Banner, ed., American History Today (forthcoming 2010). (Bedford/St.Martin’s, 2010) • “Consent to Sex: The Liberal Paradigm • “The Inception of Modern Professional Education: Reformulated” (with A. Stinchcombe), C.C. Langdell, 1826-1906,” Review Essay, 59 Journal Journal of Political Philosophy (forthcoming 2009) of Legal Education 657 (2010) • “Social Movements, Social Processes: A Response • “Who Owns America?” Los Angeles Daily Journal, to Gerald Rosenberg,” John Marshall Law Review July 29, 2010 (forthcoming 2009) Victoria Saker Woeste Dylan C. Penningroth • Henry Ford’s War: Law, Antisemitism, and Speech • “African American Divorce in Virginia and in the Tribal 1920s (Stanford University Press, Washington DC, 1865-1930,” 33 Journal of forthcoming 2011) Family History 21 (2008) • Documentary film on Aaron Sapiro, Michael Rose • “The Claims of Slaves and Ex-Slaves to Family Productions, Inc., Los Angeles; shooting to begin and Property: A Transatlantic Comparison,” 112 January 2011 American Historical Review 1039 (2007) • “The Child is Father to the Man: The Formation • “My People, My People: The Dynamics of of Aaron Sapiro’s Jewish Identity in California, Community in Southern Slavery,” in E. Baptist and 1884-1920,” American Jewish Archives Journal S. Camp, eds., New Studies in the History of American (forthcoming) Slavery (University of Georgia Press, 2006) Susan P. Shapiro Faculty Fellows • “Conflict of Interest at the Bedside: Surrogate Decision Making at the End of Life,” in A. Peters Bernadette Atuahene and L. Handschin, eds., Conflict of Interest in • “Property Induced Invisibility in The Short End Governance—An Interdisciplinary Outlook on the of the Stick,” in E. Jordan and C. Ogletree, eds., Global, Public, Corporate and Financial Sphere The Short End of the Stick: The Role of Race in Law, (Cambridge University Press, forthcoming) Markets, and Social Structures (forthcoming 2010) • “When Life Imitates Art: Surrogate Decision • “Property and Transitional Justice,” 58 UCLA Making at the End of Life,” 14 Topics in Stroke Law Review Discourse 65 (2010) Rehabilitation 80 (2007) • “Property Rights and the Demands of Transformation,” 31 Michigan Journal Christopher L. Tomlins of International Law 765 (2010) • Freedom, Bound: Law, Labor, and Civic Identity in • “Things Fall Apart: The Illegitimacy of Property Colonizing English America, 1580-1865 (Cambridge Rights in the Context of Past Theft,” 51 Arizona University Press, 2010) Law Review 829 (2009)

26 American Bar Foundation The ABF gratefully acknowledges the 2010 contributors to The John P. Heinz Book Collection Fund at the Ronit Dinovitzer American Bar Foundation • “The Differential Valuation of Women’s Work: A New Look at the Gender Gap in Lawyers’ J. David Andrews* and Helen V. Andrews Incomes” (with J. Sterling & N. Reichman), 88 Social Forces 819 (2009) Robert W. Bennett* • “Immigration and Youthful Illegalities in a Kenneth J. Burns, Jr.* Global Edge City” (with J. Hagan and R. Levi), 88 Social Forces 337 (2009) Lee A. Freeman, Jr.* • “Pro Bono as an Elite Strategy in Early Lawyer Chris Gair and Vilia Dedinas Careers” (with B. Garth), in R. Granfield & L. Mather, eds., Private Lawyers and the Public Interest: Bryant G. Garth* The Evolving Role of Pro Bono in the Legal Profession Anne W. Hetlage (Oxford University Press, 2009) • “Not that into You,” American Lawyer William D. Heinz* and Catherine Heinz (with B. Garth), September 2009 Norman M. Hirsch and Ann C. Courter Ryon Lancaster Arthur W. Leibold • “Individualized Justice: Litigating Claims of Robert* and Connie MacCrate Employment Discrimination in the Contemporary United States” (with R. Nelson & L.B. Nielsen), Vincent L. McKusick* 7 Journal of Empirical Legal Studies 175 (2010) Robert L. Nelson • “Your Client Relationships and Reputation: Weighing the Worth of Social Ties: Embeddedness Carla J. Rozycki and the Price of Legal Services in the Large Law Firm” (with B. Uzzi & S. Dunlap), in L. Empson & S. David S. Ruder* Popham, eds., Managing the Modern Law Firm: John B. Simon New Challenges, New Perspectives (Oxford, 2007) Wm. Reece Smith, Jr.* • “Do Rankings Matter: The Effects of U.S. News & World Report Rankings on the Admission Process Rayman L. Solomon* of Law Schools” (with M. Sauder), 40 Law & Society Review 105 (2006) * Member of the Fellows of the American Bar Foundation

Research Rebecca L. Sandefur • “The Impact of Counsel: An Analysis of Empirical Social Scientists Evidence,” Seattle Journal of Social Justice Gabriele Plickert (forthcoming, 2010) • “Does the Golden Rule, Rule?” (with R. Côté & B. • Editor, Access to Justice. Sociology of Crime, Law, Wellman), in R. Hsung, N. Lin & R. Breiger, eds., and Deviance , Volume 12 (Emerald/JAI Press, 2009) Contexts of Social Capital: Social Networks in Communities, • “Access to Justice: Classical Approaches and New Markets and Organizations (Routledge, 2009) Directions,” in R. Sandefur, ed., Access to Justice. • “How Knowledge is Power: Explaining the Association Sociology of Crime, Law, and Deviance , Volume 12 between Education and the Sense of Control” (Emerald/JAI Press, 2009) (with S. Schieman), 87 Social Forces 153 (2008) • “The Fulcrum Point of Equal Access to Justice: • “It’s Not Who You Know, It’s How You Know Them: Legal and Non-legal Institutions of Remedy,” Who Exchanges What With Whom?” (with R. Côté 42 Loyola of Los Angeles Law Review 949 (2009) & B. Wellman), 29 Social Networks 405 (2007) • “Lawyers’ Pro Bono Service and Market-Reliant Legal • “Functional Limitations and Changes in Psychological Aid,” in R. Granfield & L. Mather, Private Lawyers in Distress among Older Adults: A Multi-Hierarchy the Public Interest (Oxford University Press, 2009) Stratification Perspective” (with S. Schieman), 62 • “Access to Civil Justice and Race, Class and Gender Journals of Gerontology: Social Sciences S26 (2007) Inequality,” 34 Annual Review of Sociology 339 (2008)

2010 Annual Report 27 Faculty Presentations Research Professors

Traci Burch • “Trademark Surveys,” University of Southern • “The Effects of Neighborhood Incarceration Rates California Intellectual Property Institute, on Political Attitudes,” University of Chicago School Los Angeles, CA, March, 2010 of Law, November 2010 • “What We Say, What They Hear: What Every Chief • “Using Government Data to Study Current and Justice Should Know about Pattern Jury Instructions,” Former Felons,” University of Washington, Seattle, Conference of Chief Justices, St. Thomas, V.I., WA, October 2010 February 2010 • “Trading Democracy for Justice: The Spillover Effects Bryant G. Garth of Incarceration on Neighborhood Voter Turnout,” • “Asian Legal Revivals” (with Yves Dezaley), Northwestern University, Evanston, IL, May 2010 Harvard Law School, October 2010 • “Neighborhood Criminal Justice Involvement and • “MacCrate v. Carnegie: Different Approaches Voter Turnout in the 2008 General Election,” Law to Legal Education Reform,” University of Tulsa and Society Association Annual Meeting , Chicago, IL, School of Law, March 2010 May 2010 • “Colonial Construction and the (Relative) Demise John L. Comaroff of Law and Lawyers in Asia during the Cold War,” • “Theorizing Property in the 21st Century,” Keynote Lund University, Sweden, March 2010 lecture, Johannesburg Workshop on Theory and • “Empirical Research and the Globalization of Law” Criticism, Johannesburg, South Africa, July 2010 (Keynote address), West Coast Law and Society • “Further Thoughts on Ethnicity Inc.” Distinguished Association Meeting, Stanford Law School, Speaker Series, Monmouth University, March 2010 October 2009 • “The End of Anthropology, Again? Toward the Future John Hagan of an In/Discipline,” Distinguished Anthropology • “The Displaced and Dispossessed of Darfur.” Public Lecture, University of Texas (Austin), April 2010 Lecture, London School of Economics, October 2010 • “Divination, Detection, and the Problem of • “Fighting Human Trafficking or Instituting Totalitarian Sovereignty in Post-Colonial Contexts,” Keynote Control? The Co-optation of Human Rights Protection Address, Norwegian Institute of International in Belarus.” Conference on Human Rights Indicators, Affairs (With Jean Comaroff), September 2010 New York University School of Law, September 2010 Stephen Daniels • “Children of the American Prison Generation: • “Plaintiffs’ Lawyers: Dealing with the Possible But Student and School Effects of Incarcerating Mothers.” Not Certain,” (with J. Martin), 16th Ann ual Clifford Conference on Urban Problems, SciencesPo, Paris, Symposium on Tort Law and Social Policy, DePaul June 2010 University College of Law, Chicago, IL, April 2010 Terence Halliday • “Reputation, Specialization and the Referral of • “Heroic Lawyering: Should Political Liberalism Cases Among Lawyers: Is It Just About Money?” Be A Collective Ethic for Lawyers Worldwide?” (with J. Martin), Law & Society Association International Legal Ethics Conference, Stanford Annual Meeting, Denver, CO, May 2009 University, July 2010 • Participant, roundtable entitled “Inside Campaigns: • “The Public/Private Engagement in a Global Trade Political Scientists in the Electoral Trenches,” ‘Legislature’: The United Nations Commission on Annual Meeting of the Midwest Political Science International Trade Law,” Colloquium on The Public- Association, Chicago, IL, April 2009 Private Challenge for Governance of Multilateral Shari Seidman Diamond Institutions: Issues in Health, Development and Trade, Center on Law and Globalization, Geneva, • “The ‘Kettleful of Law’ in Real Jury Deliberations: Switzerland, May 2010 Successes and Failures,” University of California, Berkeley, Boalt Law School, Center for Jurisprudence • “International Organizations as Global Lawmakers,” & Social Policy, Novermber 2010 World Bank and the Modern Law Review Conference on “International Legal Standards on Secured • “Anchors and Set Asides on Real Juries,” Judgment Transactions, Facilitation of Credit and Financial by the Numbers Workshop, Cornell University, Crisis,” Newcastle University, Newcastle, U.K., Ithaca, NY, October 2010 May 2010

28 American Bar Foundation • Plenary Presentation: “The Recursivity of Law as a New Paradigm for Sociolegal Theory and Research in East Asia,” Inaugural East Asian Law & Society Conference, Changing Socio-Legal Landscapes in East Asia: Common Trends & Local Variations , University of Hong Kong, Hong Kong, February 2010 James J. Heckman • “Estimating the Technology of Cognitive Bonnie Honig and Noncognitive Skill Formation,” Keynote • “Political Theology, Jewish, and Democratic: Lecture, Understanding Ageing: Health, Wealth, A Discussion of Bonnie Honig’s Emergency Politics ,” and Wellbeing to Age Fifty and Beyond, St. American Academy of Religion Annual Meeting, Catherine’s College Oxford, UK, April, 2010 Atlanta, GA, October, 2010 • “Understanding the Sources of and Solutions to • “Antigone versus Oedipus? On the Politics of Human Inequality,” Keynote Lecture, Meeting on Classicization in Political Theory, Gender and Cultural Early Childhood Education, Rio de Janeiro, Brazil, Studies (from Antigone’s Claim to Germany in Autumn) ,” December, 2009 Yale Political Theory Workshop, New Haven, CT, • “The Developmental Origins of Adult Health: October 2010 Cognition, Personality, and Education,” 6th Annual • Keynote Address for “Dangerous Crossings: Politics Nestle International Nutrition Symposium, Lausanne, at the Limits of the Human : A Graduate Student Switzerland, October, 2009 Conference in Political Theory at Johns Hopkins • “Policies to Promote Growth in Mexico,” Bank University ,” October 2010 of Mexico, Mexico City, MX, October, 2009 • “Antigone’s Two Laws,” Law, Culture Humanities Carol A. Heimer Conference, Brown University, Providence, RI, March, 2010 • “Inert Facts and the Illusion of Knowledge: Managing Ignorance in HIV Clinics,” Scandinavian Consortium Steven D. Levitt for Organizational Research (Scancor) and Center • “Freakonomics and Beyond,” Dean’s Lecture Series, for Work, Technology, and Organization (WTO) at Radcliffe Institute for Advanced Study, Cambridge, Stanford University, Palo Alto, CA, November 2010 MA, March 2010 • “‘Using Just One Drug Makes Them Guilty’: The • “SuperFreakonomics,” London School of Economics, Two Faces of Law in Five HIV Clinics,” Department November 2009 of Political and Social Sciences, Pompeu Fabra • “SuperFreakonomics,” Ubben Lecture, DePauw University, Barcelona, Spain, October 2010 University, Greencastle, IN, November 2009 • “The Two Faces of Law: Regulating Treatment and Research in HIV Clinics,” Princeton Elizabeth Mertz University, Princeton, NJ, October 2010 • “Integrating Intellectual, Ethical, Practical, and • “Fractal Responsiveness: Making Deals and Empirical Training in Legal Education, Rutgers- Living with Constraints in Multi-Layered Camden School of Law Faculty Colloquium, Regulatory Systems,” Responsive Regulation New Brunswick, NJ, November 2010 Workshop, Faculty of Law, University of British • Program Chair and Presenter, “Legal Education Columbia, Vancouver, BC, September 2010 Reform after Carnegie: Bringing Law-in-Action into the Law School Classroom,” University of Wisconsin John P. Heinz Law School, Madison, WI, October 2010 • “Political Lawyers: The Structure of a National • Chair, Roundtable: “Can We Translate Law and Network” (with A. Southworth), Law & Society Society? Toward a New Legal Realist Framework,” Association Annual Meeting, Chicago, IL, May 2010 Law & Society Association Annual Meeting, • “The Characteristics and Roles of Lawyers Active in Chicago, IL, May 2010 National Policymaking” (with A. Southworth & A. • Invited Participant, Theme Session: “Law & Society Paik), An Unfinished Project: Law and the Possibility and Empirical Legal Studies: Differences that Matter?” of Justice: A Conference in Honor of Professor Richard Law & Society Association Annual Meeting, Abel, UCLA School of Law, September 2009 Chicago, IL, May 2010

2010 Annual Report 29 Faculty Presentations Research Professors

Janice Nadler • Commenter on panel, “Localized Law and Governance • “The Psychology of Blame: Criminal Liability and the in the 19th-century U.S.,” Organization of American Role of Moral Character,” Conference on Empirical Historians Annual Meeting, Washington, DC, Legal Studies, Yale Law School, November 2010 April 2010 • “Moral Character and Blame,” International Society Susan P. Shapiro for Justice Research Conference, Banff, Alberta, • “My Brother’s Keeper,” Presentation to the Nebraska Canada, August 2010 Fellows of the American Bar Foundation, Omaha, NE, • “The Psychology of Blame,” Faculty Workshop, October 2010 Brooklyn Law School, April 2010; Faculty Workshop, • “Research Methods: If I Could Do It Over Again,” University of Minnesota Law School, March 2010 Midwest Law and Society Retreat, Institute for Legal Robert L. Nelson Studies, Madison, WI, October 2010 • “The Future of Diversity in the Legal Profession,” • “Death Watch for Death Panels: The Elusive Goal of Minority Council of Nebraska Bar Association, Having the Last Word,” Law & Society Association Omaha, NE, November 2010 Annual Meeting, Chicago, IL, May 2010 • “The Future of Diversity in the Legal Profession,” • Interdisciplinary Conference on Conflict of Interest, Georgetown University Law School, Washington, Basel Institute on Governance, University of Basel, DC, October 2010 Basel, Switzerland, May 2010 • “The Future of Diversity in the Legal Profession,” Christopher L. Tomlins Business Breakfast of the Fellows of the American • Closing Commentator, “The Treatise in Legal Bar Foundation, San Francisco, CA, August 2010 History,” A Workshop sponsored by the Faculty of • “Contested Constructions of Employment Law, University of Toronto, Canada, October 2010 Discrimination,” Jurisprudence and Social Policy • “Toward a Materialist Jurisprudence,” Keynote Program, University of California, Berkeley, CA, Address, Villanova University 2nd Annual Law March 2010 and Literature Symposium, “Ethics of Traditions,” Laura Beth Nielsen Villanova, Pennsylvania, September 2010 • “Critical Race Theory & Empirical Methods • Closing Commentator, Day One of “Law’s Imperial Working Group,” University of California, Hastings Fields: A Workshop sponsored by the International College of Law, San Francisco, CA, December 2010 Institute for the Sociology of Law,” Oñati, Spain, June 2010 • “Conceptualizing Justice,” National Science Foundation/George Mason University, • Chair and Participant, “Theme Session: Revisiting Fairfax, VA, December 2010 Gordon’s ‘Critical Legal Histories’,” Law and Society Association Annual Meeting, Chicago, IL, May 2010 • “Judicial Consciousness: An Empirical Examination of Summary Judgment Outcomes of Employment Victoria Saker Woeste Discrimination Cases,” Conference of Empirical • Discussant, “United States Price Stabilization and Legal Studies, Yale Law School, New Haven, CT, Citizen-Consumer Associations in the Twentieth October 2010 Century,” Organization of American Historians • “Situated Justice: Plaintiffs’ and Defendants’ Annual Meeting, Washington, DC, April 2010 Perceptions of Fairness in Employment Discrimination • “Henry Ford’s War: Law, Antisemitism, and Speech Lawsuits,” New York University, New York, NY, in the Tribal 1920s,” ABF-Illinois Legal History September 2010 Seminar, May 2011; Race and Ethnic Studies Institute, Dylan C. Penningroth Texas A&M University, April 2010; Law and Society Workshop, Indiana University School of Law (co- • “Beasts and Blood: Legacies of Slavery in Colonial sponsored by Jewish Studies Department), January 2010 Ghana,” Wisconsin-Northwestern African History Workshop, Evanston, IL, May 20 10 • “Henry Ford: Unmasking the Self-Made Myth,” Hagley Center Research Seminar in Business • “Law and the Black Church, 1865-1935,” University History, University of Delaware, December 2009 of Wisconsin Legal History Workshop, Madison, WI, April 2010 • “Refighting the Last Battle: Louis Marshall and Civil Rights Litigation Strategies, 1914-1927,” Institute for American Thought, Indiana University-Purdue University-Indianapolis, November 2009

30 American Bar Foundation Faculty Fellows Research Bernadette Atuahene Social Scientists • “Lasting Remedies for Massive Human Rights Violations: The South African Experience,” Law & Elizabeth L. Murphy Society Annual Meeting, Chicago, IL, May 2010 • “Anchors and Set Asides on Real Juries” (with • “ ‘This is the least that we can do to wipe your tears’,”: S. Diamond), Judgment by the Numbers Workshop, A Qualitative Study of the Financial Compensation Cornell University, Ithaca, NY, October 2010 Distributed through the South African Land • “Personal Experience on the Jury” (with S. Diamond Restitution Commission,” Association for Law, & M. Rose), Law and Society Association Annual Property, and Society Annual Meeting, Georgetown Meeting, Chicago, IL, May 2010 University Law School, Washington, DC, • “Culture, Language, and Diversity on the Jury” (with March 2010 S. Diamond, R. Garcia, & M. Rose), Law and Society • Invited Presenter, Meeting of South African Land Association Annual Meeting, Chicago, IL, May 2010 Claims Commissioners, Johannesburg, South Africa, • “The Complexities of Impartiality, Commonsense and June 2010 Bias on the Jury: Juror Expertise” (with S. Diamond • Invited Presenter, South African Institute for & M. Rose), Law and Society Association Annual Advanced Constitutional Studies Workshop, Meeting, Chicago, IL, May 2010 Johannesburg, South Africa, June 2010 Gabriele Plickert Ronit Dinovitzer • “After Law School: The Comparative Careers of • “Hierarchical Structure and Gender Dissimilarity Young Lawyers from Berlin, Frankfurt, New York, in American Legal Labor Markets” (with J. Hagan), and Washington, DC,” 63rd Labor and Employment Law and Society Association Annual Meeting, Relations Association (LERA) Annual Meeting, Chicago, IL, May 2010 Denver, CO, January 2011 • “Ethical Decision Making and Professional Autonomy • “What Rules the Ethical Rule? A Snapshot of in Large Corporate Law Firms” (with S. Gunz and Legal Cultures in the United States and Germany,” H. Gunz), The Business Law and Ethics Symposium, International Legal Ethics Conference IV, Stanford Washington State University, September 2009 University, Palo Alto, CA, July 2010 • “Making Sense of the Elite Law School • “Early Post-Law School Careers of Young Lawyers Advantage: Symbolic Capital and the Structuring from Berlin, Frankfurt, New York, and Washington, of Opportunities, Expectations, Hopes, and Choices” DC,” Free University Berlin, Berlin, Germany, (with B. Garth), Law and Society Association April 2010 Annual Meeting, Denver, CO, May 2009 • “The First Seven Years of a Lawyer’s Career” Rebecca L. Sandefur (with B. Garth, R, Nelson, J. Sterling, D. Wilkins), • “Civil Justice and Socioeconomic Inequality,” Policy American Bar Association Mid Year Meeting, Seminar Series, Department of Policy Analysis and Boston, MA, February 2009 Management, Cornell University, Ithaca, NY, November, 2010 Ryon Lancaster • “The Private Subsidy of Public-Serving Lawyers,” • “Officium Dei: The Emergence of Bureaucracy International Legal Ethics Conference IV: Legal in the Medieval Church,” Department of Sociology Ethics in Times of Turbulence, Stanford Law School, Colloquium, Northwestern University, Evanston, IL, Stanford, CA, July, 2010 October 2010 • “Equalizing Access to Justice: Greater Equality • “Individualized Justice: Litigating Claims of through Institutional Redesign,” Eighth International Employment Discrimination in the Post-Civil Rights Legal Services Research Centre Research Conference, United States” (with R. Nelson & L.B. Nielsen), Cambridge University, Cambridge, UK, July, 2010 Conference on The Discoveries of the Discrimination • “Debt and Aspiration: How Can Young Lawyers Research Group, Stanford Law School, Stanford, CA, “Afford” to Work for the Public?” “Lawyers and November 2008 Social Structure: Stratification,” Panel in honor of John P. Heinz, Annual Meetings of the Law and Society Association, Chicago, IL, May, 2010

2010 Annual Report 31 Recognition and Professional Service

Shari Seidman Diamond Research Professors • Awarded the Harry J. Kalven, Jr. Prize for 2010 Traci Burch from the Law and Society Association for “empirical • Member, Legal Studies Faculty Advisory Board, scholarship that has contributed most effectively to Northwestern University the advancement of research in law and society.” • Associate Editor, Law and Social Inquiry • Member, Seventh Circuit, Pattern Criminal Jury Instructions Committee • American Political Science Association • Member, Board of Trustees, Urban Politics Program Committee Chair Law & Society Association John L. Comaroff • Member, Board of Directors, • Visiting Fellow, Stellenbosch Institute for Society for Empirical Legal Studies Advanced Study, Stellenbosch, South Africa • Chair, Honorary Degrees Committee, • Research Fellow, Internationales Forschungszentrum Northwestern University Kultuwissenschaften (International Research Center • Member, Dean’s Search Committee, for Cultural Studies), Vienna Northwestern University • Patron, Organisation of Intra-Cultural Development, • Faculty Director, JD/PhD Program, 2010-11 (www.oicd.net) Northwestern University School of Law • Re-appointed Honorary Professor, University of Cape Town, 2010-2015 Bryant G. Garth • Co-Editor, Journal of Legal Education • Guest Scholar, Swiss Program in Anthropology, 2010, Bern • Chair, Law School Survey of Student Engagement (LSSSE) Advisory Committee • Member, International Review Committee, Max Planck Institute for Social Anthropology, • Member, Special Committee on the Professional Halle, Germany Education Continuum, ABA Section on Legal Education • Member, Editorial Group, • Chair, Publications Committee, Journal of Anthropological Research ABA Section of Legal Education • Member, Editorial Group , • Member, Association of American Law Schools Annual Review of Law and Social Science Advisory Committee on ABA Accreditation • Member, Editorial Advisory Board, Standards Hagar: International Social Science Review • Member, Executive Nominating Committee, • Member, College of Reviewers, Canada Research Association of American Law Schools Chairs Program, Social Sciences and Humanities • Member, Executive Director Search Committee, Research Council of Canada Law and Society Association • Member, International Advisory Board, Social Dynamics John Hagan • Member, Editorial Board, Afrika Spectrum • Elected to American Academy of Arts and Sciences, 2010 Stephen Daniels • Co-Director, Center for Law and Globalization, • Member, Editorial Board, Justice System Journal American Bar Foundation and University of • Member, Law and Society Association, Illinois College of Law Dissertation Prize Committee • Appointed Member, National Scientific Advisory • Participant, Amicus Curiae Brief of Professors of Council, National Survey of Adolescent Health Law and Social Science in Support of the Plaintiff • Editor, Annual Review of Law and Social Science in G.W.I.S. v. Integrals Blackwell Regional • Associate Editor, Canadian Journal of Criminology Hospital (Supreme Court of Oklahoma, Case • Criminology Editor, Journal of Criminal Law and No. CQ-106506), constitutional challenge to Criminology , Northwestern University School of Law cap on damages in medical malpractice cases. • Member, Editorial Boards, Social Problems , Sociological Forum , European Journal of Criminology, Criminal Justice , Criminology , Theoretical Criminology , and Canadian Journal of Law & Society

32 American Bar Foundation Terence Halliday • Co-Director, Center on Law and Globalization, American Bar Foundation and University of Illinois College of Law • Non-State Delegate, United Nations Commission on International Trade Law (UNCITRAL) Working Group V on Insolvency Law • Co-Convenor, Collaborative Research Network, The Legal Complex and Political Liberalism, Steven D. Levitt • Director, Becker Center on Chicago Price Theory, Law and Society Association University of Chicago • Winner, 2010 Prize for Best Scholarly Book published • Editor, Journal of Political Economy in 2008 and 2009, American Sociological Association, Section on Global and Transnational Sociology Elizabeth Mertz • Co-Winner, 2010 Prize for Best Book published in • Fellow, Program in Law and Public Affairs, 2008 and 2009, American Sociological Association, Princeton University Section on Sociology of Law • Co-Editor, PoLAR: Political • Winner, 2010 Viviana Zelizer Distinguished and Legal Anthropology Review Scholarship Award for the outstanding book • Research Committee Coordinator & Consultant, published in the field of economic sociology in National Quality Improvement Center on 2008 and 2009, American Sociological Association, the Representation of Children in the Child Section on Economic Sociology Welfare System James J. Heckman • Member, Editorial Board, Language and • President-Elect, Econometric Society (effective 2013) Law Book Series, Oxford University Press • Member, National Academy of Education, 2010 • Member, Editorial Board, Legal Education Book Series, Ashgate Press • Fellow, American Association for the Advancement • Member, American Association of Law Schools of Science, 2009 Research Committee; Organizer of AALS Research • Lifetime Member, Irish Economic Association, 2009 Committee Program on Implicit Bias at 2011 Carol A. Heimer AALS Meetings • Co-Editor, Regulation and Governance Janice Nadler • Member, Editorial Committee, book series on • Member, Executive Board, Dispute Resolution “Risk and Regulation,” Centre for Analysis of Risk Research Center, Northwestern University and Regulation, London School of Economics • Member, Special Committee on Bioethics and Law, Robert L. Nelson American Bar Association • Member, Study Team, National Quality Improvement Center on Child Representation in John P. Heinz the Child Welfare System, University of Michigan • Member, Board of Directors, • Chair, Sociology of Law Section, Chicago Appleseed Fund for Justice American Sociological Association • Co-Chair, Scholarship Committee, Bonnie Honig World Justice Project, ABA Presidential Initiative • Co-convener of the National American Political Science Association Meetings • Advisor, ABA Commission on Women, Women of Color Research Initiative • Program co-chair, APSA Annual Convention, • Co-Principal Investigator and Member, Advisory San Francisco, CA, 2009-2011 Committee, National Science Foundation/Law • Member, Editorial Board, & Society Association/American Bar Foundation, Journal of Citizenship Studies , 2010-2012 Doctoral Fellowships in Law and Inequality • Invited Member, Future Citizenship Network, • Member, Sociological Research Association http://www.futurecitizenship.com • Member, Faculty Advisory Board, • Member, Editorial Board, Ethics & Global Politics Center for Legal Studies, Northwestern University

2010 Annual Report 33 Recognition and Professional Service

Laura Beth Nielsen • Secretary, Law and Society Association Faculty Fellows • Editor, Law & Social Inquiry Bernadette Atuahene • Director, Center for Legal Studies, • Council on Foreign Relations Northwestern University International Affairs Fellow Dylan C. Penningroth Ronit Dinovitzer • Member, Board of Directors, • University of Toronto, Dean’s Merit Award, 2010 American Society for Legal History, 2009-11 • Member, Editorial Board, Law & Social Inquiry, • Member, Program Committee, 2005-2010 American Society for Legal History, 2009-10 • Secretary/Treasurer, American Sociological • Member, Editorial Board, Association, Sociology of Law Section, 2009-2011 Journal of American History, 2008-10 • Member, Law School Admission Council Grants Committee, 2009-2011 Susan P. Shapiro • Member, Career Checkpoint, American Bar • Chair, Nominations Committee, Foundation/American Bar Association, 2010 Law & Society Association, 2010-11 Christopher L. Tomlins Ryon Lancaster • Winner (with B. Uzzi), Richard C. Scott Award • Editor, Cambridge Historical Studies in for Best Article, Section on Organizations, American Law and Society (monograph series, Occupations, and Work, American Sociological for Cambridge University Press) Association, 2006 • Co-editor, Cambridge New Histories of American Law (with Michael Grossberg; monograph series, for Cambridge University Press) • Member, Law & Society Association Research Kalven Prize Committee, 2010- Social Scientists • Member, Editorial Board, Law and Society Review , 2010- Gabriele Plickert • Member, Editorial Committee, • Reviewer, Social Science & Medicine; Annual Review of Law and Social Science , 2009- Journal of Social and Personal Relationships • Member, Fellowships and Awards Committee, Rebecca L. Sandefur American Society for Legal History, 2005- • Member, Publications Committee, • Member, ABA Standing Committee Pacific Sociological Association on Public Education, 2008- • Co-guest editor, “Changing Worlds of • Co-Organizer, University of California Professional Work: New Markets, New Morals, Irvine School of Law Conference, Law As… : New Models,” special issue of Work and Occupations Theory and Method in Legal History (April 2010) (with Elizabeth R. Gorman) • Faculty, Graduate Student Workshop, Victoria Saker Woeste Law and Society Association • Member, Wayne D. Rasmussen Award Committee, Agricultural History Society • Collaborator, Cost of Justice Research Alliance, Canadian Forum on Civil Justice • Manuscript Reviewer, Agricultural History • Member, Right to Counsel Committee, • Elected to Board of Directors, California Commission on Access to Justice American Society for Legal History, 2010-2012 • Member, Research Advisory Board of the Civil • Member, Cromwell Prize Committee, Right to Counsel Leadership and Support Initiative American Society for Legal History, 2010-2012

34 American Bar Foundation Presentations at the ABF 2 010

• Peg Birmingham, DePaul University, “Between • Jean Comaroff, University of Chicago, “Detective Violence and Politics: Before the Law,” January 6 Fictions: In Pursuit of Sovereignty in the Postcolony,” • Bernard Black, Northwestern University, “Waiting May 12 for the Big One: The Economics of Plaintiff-Side • Jothie Rajah, Visiting Scholar, University of Personal Injury Litigation,” January 13 California Berkeley, “Legislating Illiberalism: Law, • Daniel Galvin, Northwestern University, “Parties Discourse & Legitimacy in Singapore,” May 19 as Political Institutions: Explaining Asymmetrical • Traci Burch, ABF Research Faculty & Northwestern Organizational Change in the Democratic and University, “The ‘Neighborhood Effects’ of Republican Parties,” January 20 Incarceration on Political Attitudes,” September 15 • Ian Hurd, Northwestern University, “International • 2010 ABF Doctoral Fellow Presentations, Law and National Interests: The Case of Article September 29 2(4),” February 3 • Tom Ginsburg, University of Chicago Law • Jordan Gans-Morse, ABF Doctoral Fellow, “Out School & ABF Visiting Scholar, “On the of Chaos? Business Conflicts and the Development Evasion of Executive Term Limits,” October 6 of Legal Institutions in Russia,” February 10 • Elizabeth Dale, University of Florida Department • Hector Carrillo, Northwestern University, “LGBT of History , “ Putting ‘Liberty’ in its Place: Zi You, Rights, Social Change, and the Dynamics of Sexual Slavery and Notions of Sovereignty in Turn-of- Migration: The Mexican Case,” February 17 the-Century China,” October 18 • Alison Lacroix, University of Chicago Law School, • Jamie Longazel, University of Delaware & “Federalists, Federalism, and Federal Jurisdiction,” ABF Doctoral Fellow, “‘I’ve Lost My City’: February 19 Law, Community, and Immigration in the • Susanne Karstedt, University of Leeds, “Defining Wake of Neoliberalsim,” October 20 Criminals and Constructing Memories: Sentenced • Jothie Rajah, ABF Visiting Scholar, University Nazi War Criminals in West Germany in the Early of California, Berkeley, “A(nother) Great Leap Post-War Years,” February 26 Forward: Authoritarian Rule-of-Law,” October 27 • Winnifred Sullivan, University at Buffalo Law • Stephen Engel, Marquette University, “From Hostility School, “Spiritual Governance ,” March 10 to Harnessing: Opposition Politics and Changing • Lindsay Smith, Northwestern University, Responses to Judicial Power Over Time,” November 3 “Identifying Democracy: Citizenship, DNA, and • Yuval Feldman, Bar-Ilan University Faculty Identity in post-dictatorship Argentina,” March 17 of Law, “The Incentives Matrix: The Comparative • Grégoire Mallard, Northwestern University, Effectiveness of Rewards, Liabilities, Duties, and “A Hermeneutic Theory of International Law: Protections for Reporting Illegality,” November 8 Explaining Changes in the Field of Nuclear • Willoughby Anderson, Schiff Harden , “The Past Nonproliferation,” March 31 on Trial: The Sixteenth Street Baptist Church • David Gerber, Chicago-Kent College of Law, Bombing and Civil Rights History,” November 8 “Competition Law and Global Markets,” April 7 • Betsey Stevenson, University of Pennsylvania, • David Frank, University of California Irvine, “Unexpected Effects of Legal Change on Women’s “Cross-National Variations in the Criminal Employment: Sport and Divorce,” November 10 Regulation of Sex, 1965-2005,” April 14 • Christopher W. Schmidt, ABF Visiting Faculty & • Thomas Sugrue, University of Pennsylvania, Chicago-Kent College of Law, “Divided by Law: “Rethinking Brown v. Board of Education: The The Sit-Ins, Legal Uncertainty, and the Role of the Struggle for Educational Equality in the North,” Courts in the Civil Rights Movement,” November 17 April 28 • Mark Osiel- ABF Visiting Scholar, University • Eleonore Lepinard, Universite de Montreal of Iowa , “ After International Law: Non-Juridical & Northwestern, “The Constitutional Politics Responses to Mass Atrocity,” December 1 of Islam in Liberal States: Integrating Muslims • Felice Batlan, Chicago-Kent College of Law, “Pride in Canada and France,” May 5 and Prejudice:” Law, Social Work, and the Imperial Ambitions of Legal Aid, 1911-1939,” December 6

2010 Annual Report 35 ABF Publications

Law & Social Inquiry Editorial Policy Law & Social Inquiry is a quarterly, interdisciplinary, peer reviewed scholarly journal of international standing in law and social science. Contributors include law professors, social scientists, and practicing lawyers. Procedures for submission and consideration of manuscripts are the same as those followed by most refereed academic journals. Submitted manuscripts are reviewed by the editor and then by three or more expert scholars in a process known as “double-blind peer review” (the identities of both the authors and the reviewing scholars are known only to the journal’s editors). Publication decisions are made by Law & Social Inquiry ’s editorial committee, Researching Law made up of the journal’s editor and associate (advisory) editors. In addition to the high quality of the original research that it Researching Law: An ABF Update publishes, Law & Social Inquiry is widely known for its review essays is a quarterly newsletter designed and review symposia. The essays go beyond the typical brief book review to acquaint a wide audience with the to place the work under examination in its intellectual context and to research activities of the American provide readers with a synthesis of the major intellectual debates in Bar Foundation. The articles that the field relevant to the book. Currently, each issue of the journal also appear in this publication present includes a “book notes” section that presents brief descriptions of twenty the findings of ABF projects in a or thirty recently published books of interest to those working in the concise, nontechnical format but in field of sociolegal studies. Additionally, each year Law & Social Inquiry sufficient length to convey the full holds a student paper competition for graduate and law students, which flavor of the research reported on. includes a monetary prize and publication of the winning paper. The topics covered in 2010 include: Law & Social Inquiry is not intended to serve (and does not serve) “Achieving Diversity on the Jury: Jury as a dedicated outlet for the research of American Bar Foundation Size and the Peremptory Challenge ” research fellows and affiliates. Nevertheless, ABF researchers and (Shari Diamond ); “Asian Legal affiliates have always played an important role in the journal’s Revivals: Lawyers in the Shadow of success, both as contributors and, particularly, as editors. Empire ” ( Bryant Garth), “The Social Costs of Incarceration ” (John Hagan Editors and Traci Burch) , and “Empirical Legal The overall editor of Law & Social Inquiry is Laura Beth Nielsen, Scholarship in Law Reviews and Multi- who edits the journal’s research article section. Howard Erlanger of the Method Research in Empirical Legal University of Wisconsin Law School is the editor of the journal’s review Studies” (Laura Beth Nielsen and section. Bernadette Atuahene, Traci Burch and Christopher Schmidt Shari Diamond) . The newsletter are currently serving as the journal’s associate editors. Jill Weinberg is is distributed to a wide audience, currently a student editor. Lila Stromer provided expert assistance in including The Fellows of the the production and administration of the journal from her position as American Bar Foundation, policy Managing Editor, through October 2010, after which Amy E. Schlueter makers, libraries, foundations, became Editorial Coordinator. government agencies, and media outlets. Issues are also posted on Contents the ABF website and may be Contents of Volume 35 (2010) of Law & Social Inquiry , as well downloaded . The articles in as past issues, may be viewed on LSI ’s Wiley-Blackwell Web site: Researching Law are written and http://www.blackwellpublishing.com/journal.asp?ref=0897-6546 edited by Katharine W. Hannaford .

36 American Bar Foundation Liaison Research Research Funds The American Bar Foundation Services Program acknowledges with gratitude those individuals who continue to support its research funds. The Liaison Research Services Program was created in 1975 to address two primary goals: to compile and disseminate information • The Robert O. Hetlage Scholarship about the legal profession and to provide research expertise to Fund supports the participation of entities of the organized bar by designing and conducting discrete, students and young faculty in the short-term projects focusing on issues of concern and interest to research programs of the American these groups. Bar Foundation, including the Summer To address the first of these goals, the American Bar Foundation Research Diversity Fellowship Program has, since 1956, periodically produced The Lawyer Statistical Report for undergraduate minority students, with the cooperation of Martindale Hubbell, which provides the the Doctoral Fellowship Program for data files for this project. This report is unique to the literature dissertation research, and a Young about the profession in that it provides detailed demographic information on the numbers of lawyers and law firms nationally Scholars Program to support research in and on a state-by-state basis. It presents distributions of lawyers the first five years of an academic career. across practice settings, among law firms of various sizes, and • The William Reece Smith, Jr. practice settings by age and gender. Clara N. Carson is currently Research Fund advances ABF research compiling the latest edition of The Lawyer Statistical Report on the topics of professionalism, pro bono which is an analysis of the 2005 national lawyers’ database. legal services, and the role of the legal To address the second goal of providing research expertise to entities of the organized bar, the Foundation works closely with profession internationally to advance the American Bar Association on a variety of research initiatives. human rights and access to justice. In general, the Foundation provides useful, professional research • The Liz and Peter Moser Research advice and services in a variety of formats. Fund in Legal Ethics, Professional • New Research. From time to time, the Foundation, Responsibility and Access to through its Liaison Research Services Program, will take on Legal Services supports path-breaking, a few modest research projects for ABA entities. In determining empirical research in the field of legal what research projects might be possible in a given year, the ethics, professional responsibility, and Foundation will give priority to research that fits within the access to legal services. overall mission of the ABF and that is feasible to conduct in a shorter period of time. • Information from Existing Projects. The Foundation and the Association might find overlap between an existing ABF research project and an ABA project or initiative. In these cases, the Liaison Research Services Program can develop a liaison relationship between Foundation Research Fellows and ABA entities. Research Professors may provide general expertise or specific data that have been collected from previous or current research projects, to inform the work of an ABA entity. • Research Advice. The Foundation is in a unique position to consult with ABA entities on how best to structure a research initiative. The Foundation can provide general guidance, review survey instruments, help to find appropriate academics to work on a research project, and consult on results.

The Foundation and the Association have a unique relationship that informs each organization’s efforts to enhance the public’s understanding of the law, legal institutions and legal processes. Through the Liaison Research Services Program, the Foundation collaborates with the Association and its entities in meaningful ways, thus bringing the expertise of the leading institution for the empirical study of the law to bear on the myriad programs, initiatives and activities of the ABA. From participating in initiatives organized by the ABA Presidents to working with Sections, Divisions and Committees on unique research projects, the research of the American Bar Foundation informs the organized bar, the legal community, and the public.

2010 Annual Report 37 Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students

The American Bar Foundation was pleased to host four outstanding undergraduate students in the summer of 2010 who participated in the Summer Research Diversity Fellowship Program. The 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 .

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 . Additional sponsors of the 2010 program were : • Seyfarth Shaw LLP • James D. Montgomery & Associates, Ltd • The Lloyd A. Fry Foundation

The 2010 Summer Research Diversity Fellows were : • Angela Addae , a rising senior at Fisk University, who worked with Research Professor Dylan C. Penningroth . • Joseph Bishop , a rising senior at Clemson University, who worked with Research Professor Stephen Daniels . • Stephanie Caro , a rising senior at Stanford University, who worked with Research Professor Terence Halliday . • Eduardo-Antionio Navarro , Left to right: Eduardo-Antonio Navarro, Stephanie Caro, Joseph Bishop, Angela Addae a rising senior at the University of Iowa, who worked with Research Professor John Hagan .

38 American Bar Foundation 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 in 2010 .

Access Group, Inc. National Science Foundation • After the JD: Legal Careers in Transition • After the JD III: The Trajectories of Legal Careers (Ronit Dinovitzer, Robert Nelson, Bryant Garth, (Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling) and Joyce Sterling) • Crime, War and Wealth in Pre- and Post-Invasion Iraq American Bar Association (John Hagan) Litigation Research Fund • Lawyers in the Pursuit of Basic Legal Rights: Criminal • Optimizing the Jury Decision-Making Process Defense in China (Terence Halliday and Sida Liu) (Shari Diamond) Supplemental grant also awarded under the NSF M. D. Anderson Foundation Research Experiences for Undergraduates Program • My Brother’s Keeper: Surrogate Decision-Making • Local Courts and African American Life, 1865-1930 at the End of Life (Susan Shapiro) (Dylan Penningroth). Funded under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) Law School Admission Council • Ethnicity, Inc . (John Comaroff and Jean Comaroff) • After the JD: Legal Careers in Transition (Ronit Dinovitzer, • Doctoral Fellowships in Law and Social Science Robert Nelson, Bryant Garth, and Joyce Sterling) (Laura Beth Nielsen; submitted through the • Early Post-Law School Careers of Women and Men sponsorship of the Law and Society Association) Lawyers in U.S. and German Cities (John Hagan, • Expressive Law: Testing the Effects of Third Party Gabriele Plickert, Patricia Parker, and Hans Merkens) Recommendations on Behavior in Coordination Games • From Law School to Later Life: A 20-Year Panel (Janice Nadler and Richard McAdams) Study of the Careers of Women and Men Lawyers • My Brother’s Keeper: Surrogate Decision-Making (John Hagan, Fiona Kay, and Ronald J. Daniels) at the End of Life (Susan Shapiro) • Senior Status, Gender, and Race in the Legal • Parental Incarceration and Intergenerational Social Exclusion: Academy (Elizabeth Mertz, Wamucii Njogu, The Long Arm of the Law (John Hagan and Holly Foster) and Carol Greenhouse) Supplemental grant also awarded under the NSF Research Experiences for Undergraduates Program Lloyd A. Fry Foundation • Summer Diversity Research Fellowships Solon E. Summerfield Foundation in Law and Social Science • Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students Google Grants • In support of the ABF website: Alexander Von Humboldt Foundation, www.americanbarfoundation.org TransCoop Program • Early Post-Law School Careers of Women and Men Kenneth F. and Harle G. Lawyers in U.S. and German Cities (John Hagan, Montgomery Foundation Gabriele Plickert, Patricia Parker, and Hans Merkens) • Summer Diversity Research Fellowships in Law and Social Science The American Bar Foundation gratefully acknowledges National Association for Law Placement the following sponsors to the Center on Law and • After the JD: Legal Careers in Transition Globalization , a Partnership of the American Bar (Ronit Dinovitzer, Robert Nelson, Bryant Garth, Foundation and the University of Illinois College of and Joyce Sterling) Law, in support of its second year of programming. • The Dutch Ministry of Foreign Affairs National Conference of Bar Examiners • After the JD: Legal Careers in Transition • Mia Farrow (Ronit Dinovitzer, Robert Nelson, Bryant Garth, • The International Victimology Institute and Joyce Sterling) Tilburg (INTERVICT)

2010 Annual Report 39 The Fellows of the American Bar

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 third of one percent of the bar membership in each state. Fellows are nominated by other Fellows, and nominations are approved by the State Chairs, Fellows Officers and ABF Board of Directors.

Fellows Programming program. Panelists included C. Elizabeth Hirsh , Assistant Professor of Sociology, Cornell University The 2010 Fellows CLE Research Seminar, “Asian and Assistant Professor of Sociology and Canada Legal Revivals,” was held in February during the ABA Research Chair, University of British Columbia; Midyear Meeting in Orlando, Florida. Presenting the , Senior Staff Attorney with program was , Dean and Professor Christopher Ho Bryant G. Garth The Legal Aid Society Employment Law Center; of Law, Southwestern Law School and Director , Partner at Paul, Hastings, Emeritus, American Bar Foundation. Panelists included Barbara L. Johnson Janofsky & Walker, LLP; and , , John and Rylla Bosshard Professor Cindy O’Hara Marc Galanter Senior Trial Attorney, Equal Employment Opportunity Emeritus of Law and South Asian Studies, University Commission. The CLE seminar was co-sponsored by of Wisconsin—Madison and Centennial Professor, the ABA Section of Dispute Resolution and the ABA London School of Economics and Political Science, Business Law Section Business and Corporate Litigation and , American Bar Foundation Affiliated Carole Silver Committee Employment Litigation Subcommittee. Scholar and Professor of Law, Indiana University The Fellows Research Advisory Committee Maurer School of Law. The program was moderated by organizes the Fellows Research Seminars each year and , Vice President of the World Justice James R. Silkenat serves as a bridge between the research program of the Project and Partner at Sullivan & Worchester LLP. American Bar Foundation and the profession, including Drawing on Bryant Garth’s book (with Yves Dezalay, the practicing bar, the judiciary, and legal education. 2010 University of Chicago Press), Asian Legal Revivals: Lawyers in the Shadow of Empire, the panel examined the roles of colonial relationships, cold war influences Fellows Events and the rule of law in a group of Asian countries. The 54th Annual Fellows Awards Banquet, held at Also in February, The Fellows co-sponsored Isleworth Country Club on February 6, 2010, featured the ABA Young Lawyers Division Speed Mentoring presentations to the following honorees: Program. A take-off on speed dating, the one-hour • Outstanding Service Award: program brought Fellows and young lawyers together Brooksley E. Born , Washington, D.C. for a unique networking experience. • Outstanding Scholar Award: In August, during the ABA Annual Meeting Professor Marc Galanter , Madison, Wisconsin in San Francisco, California, The Fellows sponsored • the CLE Research Seminar “Does Anyone Win at the Outstanding State Chair Award: , Atlanta, Georgia EEOC? Findings from the American Bar Foundation Linda A. Klein Employment Discrimination Litigation Research The banquet’s keynote address was delivered by Project.” Laura Beth Nielsen , Research Professor, Steven D. Levitt , Research Professor, American American Bar Foundation and Associate Professor of Bar Foundation and William B. Ogden Distinguished Sociology and Director of Legal Studies, Northwestern Service Professor of Economics and Director of the University, and Robert L. Nelson , Director and Becker Center on Chicago Price Theory, University MacCrate Research Chair in the Legal Profession, of Chicago. Professor Levitt, with Stephen J. Dubner, American Bar Foundation and Professor of Sociology co-authored the best-selling books Freakonomics and Law, Northwestern University, presented the and SuperFreakonomics .

40 American Bar Foundation Foundation

Fellows Chair-Elect Kay H. Hodge presenting Professor Marc Galanter with the Fellows Outstanding Scholar Award

Fellows Secretary Doreen D. Dodson (left) presenting Linda A. Klein with the Fellows Chair, David S. Houghton presenting Brooksley E. Fellows Outstanding Born with the Fellows Outstanding Service Award State Chair Award

At the Fellows Opening Reception at the ABA Annual Meeting in San Francisco in August, The Fellows honored Professor Herma Hill Kay of UC Berkeley School of Law for her fifty years of exceptional legal scholarship and stalwart support of the American Bar Foundation. The Fellows met again the following morning for the Annual Business Breakfast. The

breakfast featured keynote speaker Robert L. Nelson , Fellows banquet keynote speaker, Steven D. Levitt, Research Director and MacCrate Research Chair in the Legal Professor, American Bar Foundation and William B. Ogden Profession, American Bar Foundation and Professor Distinguished Service Professor of Economics, University of Chicago (left), chats with attendees. of Sociology and Law, Northwestern University, who presented “ After the JD : The Pursuit of Diversity in the Troubled Asset Relief Program (TARP) Oversight Legal Profession.” Fellows Chair David S. Houghton Panel and Leo Gottlieb Professor of Law at Harvard recapped the work of The Fellows and the Foundation University, and honored , Past during his term as chair, and presided over the election Carolyn Lamm President of the American Bar Association and Past of new officers: Chair, Kay H. Hodge , Chair-Elect, President of the District of Columbia Bar. Local Fellows Doreen D. Dodson and Secretary, Professor events were also hosted in Colorado, Kansas, Missouri, Myles V. Lynk . Also in August, The Fellows hosted New York, Oklahoma, Washington, West Virginia a reception for Life Fellows, recognizing those Fellows and Wisconsin, among other states. whose longstanding support and contributions continue to sustain the work of the Foundation. 2010 –2011 Fellows Officers Many Fellows State Chairs organized local Chair: Kay H. Hodge , Boston, Massachusetts events where Fellows heard presentations on current Chair-Elect: Doreen D. Dodson , St. Louis, Missouri Foundation research and socialized among colleagues Secretary: Professor Myles V. Lynk , and friends. Maryland Fellows gathered in May for Durham, North Carolina a reception honoring the current and former United States Attorneys for the District of Maryland. The 2009 –2010 Fellows Officers District of Columbia Fellows met in February for Chair: David S. Houghton , Omaha, Nebraska their annual dinner which this year featured keynote Chair-Elect: Kay H. Hodge , Boston, Massachusetts speaker Elizabeth Warren , Chair of the Congressional Secretary: Doreen D. Dodson , St. Louis, Missouri

2010 Annual Report 41 Life Fellow Contributions for the Fellows of 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 opportunities for Life Fellows to continue contributing to the Foundation once they have completed their initial Fellows pledge. 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 Fellows below who invested in the American Bar Foundation during fiscal year 2010 (September 2009 – August 2010). 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 will be recognized in the ABF Annual Report and on the Fellows Website. All Life Fellows are acknowledged in the Fellows Roster.

Life Leadership Robert R. Feagin III Alfred B. Adams III D. C. Bradford Albert L. Cohn Bernice B. Donald Fellows Leonard H. Gilbert Betty Smith Adams Francis J. Brady Howard Coleman Coker Kathleen C. Donelli Jacqueline Allee James T. Haight Edward A.K. Adler Alexander L. Brainerd Clark H. Cole Thomas M. Dowling Kenneth J. Burns, Jr. Edwin A. Harnden Deborah A. Agosti Steve A. Brand Murray L. Cole H. Mitchell Dunn, Jr. W. Loeber Landau John Haworth Joseph W. Aidlin James W. Brehl Thomas A. Cole John W. Dunn Robert MacCrate Gerald J Hayes Gerald Aksen Bobbe Jean Bridge Kevin H. Collins M. Douglas Dunn William H. Neukom Harry J. Haynsworth IV Paul H. Anderson Mitchell Brock Ian M. Comisky Antoinette Dupont Joseph A. Woods, Jr. John P. Heinz Joseph W. Armbrust, Jr. Edward W. Brooke Sydney M. Cone III Louise Durfee Life Benefactor Benjamin H. Hill III Kim J. Askew Charles N. Brower J. William Conger Richard O. Duvall Fellows John R. Holden James Barry Astrachan Barbara Berish Brown David G. Conlin Alfred H. Ebert, Jr. Zona F. Hostetler Scott J. Atlas Thomas G. Brown David M. Cook Paul F. Eckstein Howard J. Aibel David S. Houghton Daniel F. Attridge Francisco G. Bruno Edward H. Cooper Peter B. Edelman Brooksley Elizabeth Born Lawrence T. Hoyle, Jr. Russell James Austin Peter Bubenzer Stephen H. Cooper Gerald M. Edenfield The Saltsburg Fund, Don and Karen Lake Buttrey Earl Johnson, Jr. Martin R. Baach Harold C. Buckingham, Jr. William Thomas Coplin, Jr. Dorothy Eisenberg Dan O. Callaghan Robert M. Kaufman Rosalie Simmonds Timothy J. Burke John G. Corlew Mitchell S. Eitel Ballentine Mortimer M. Caplin Stanley Keller Ann M. Burkhart Laura A. Coruzzi Gary M. Elden Patricia T. Barmeyer James H. Carter Charles C. Kingsley Lizabeth L. Burrell Peter L. Costas James R. Ellis Harry F. Barnes Ellen J. Flannery Linda A. Klein Robert L. Burrus, Jr. Chris S. Coutroulis David Wayne Elrod Curtis H. Barnette Roy A. Hammer Milford McBride, Jr. Albert Burstein J. Donald Cowan, Jr. Sheldon H. Elsen Janice Gambino Barone Jon Hoffheimer Vincent L. McKusick Peter Buscemi Jerry J. Cox Jo Ann Engelhardt Desmond T. Barry, Jr. Richard R. Howe John H. Morrison Douglas M. Butz Stephen A. Cozen Charles E. English, Sr. James Bartimus Douglas A. Jacobsen Mary Mullarkey John T. Cabaniss Harold Cramer Antonio Escudero Joseph W. Bartlett Jerry Lastelick Bernard W. Nussbaum Peter J. Cahill Juliett L. Crawford Allen D. Evans Suzan Baucum William B. McGuire Roderick Norman Petrey George H. Cain John J. Creedon Zulima V. Farber Frank E. Bazler Edward G. O’Connor Charles J. Queenan, Jr. L. Kinder Cannon III M. Joe Crosthwait, Jr. Hubert A. Farbes, Jr. Leo Bearman, Jr. Donald R. Osborn Bruce M. Ramer Gerald A. Caplan Beryl P. Crowley Susan Beth Farmer Robert E. Beck Ronald S. Rolfe Roberta Cooper Ramo Paul D. Carrington Thomas R. Curtin Sue Seibert Farnsworth Martin D. Beirne Robert A. Stein James C. Rinaman Earl H. Carroll Harold T. Daniel, Jr. Charles J. Faruki Robert M. Bell David K.Y. Tang Ellen F. Rosenblum Thomas N. Carruthers Stephen J. Dannhauser David B. Fawcett, Jr. Laurel G. Bellows Randolph W. Thrower David S. Ruder Lauren James Caster J. Mason Davis, Jr. Peter V. Fazio, Jr. Martin H. Belsky Alvin Weiss Charles W. Schwartz Carlos Cebollero William R. Davis Robert A. Ferencz Lee Rimes Benton Donna C. Willard-Jones Kathleen M. Shay John Allen Chalk, Sr. Drew S. Days III Arlene Fickler Richard O. Berndt William F. Womble James M. Sibley Charles E. Chamberlain, Jr. Susan Barnes De Jervis Spencer Finney David Solomon Robert L. Berner, Jr. John A. Chandler Resendiz Stanley Morton Fisher Life Patron Fellows Frederick P. Stamp, Jr. Judah Best David F. Chappell Tom De Waard Thomas M. Fitzpatrick Timothy Joseph Abeska Lott H. Thomas Kenneth J. Bialkin Evan R. Chesler William V. Deatherage Sarah Gemma Flanagan Samuel Adams Betty A. Thompson O. Francis Biondi Sheila C. Cheston Patrick D. Deem Gloria Farha Flentje Myles J. Ambrose Herbert W. Vaughan Jerry W. Blackwell Jesse Choper Dick DeGuerin Jack Focht E. Osborne Ayscue, Jr. Betty M. Vitousek Jerri A. Blair Benjamin R. Civiletti Thomas J. DeMarino Margaret M. Foran Sylvia Bacon John Bronson Walsh Susan Low Bloch Thomas A. Clancy James Vinson Derrick, Jr. S. Joseph Fortunato Janice Gambino Barone Dennis J. Block William H. Clark, Jr. Ellen Conedera Dial Lawrence Joseph Fox Gregory M. Bergman Sustaining Life Fellows Kathleen L. Bogas H. Murray Claycomb Thomas A. Dickson William E. Fox Glenn R. Coates L. Stewart Bohan Robert A. Clifford Bernard J. DiMuro Austin T. Fragomen, Jr. Vicki Lafer Abrahamson John F. Cogan, Jr. Wilber H. Boies Robert L. Clifford Robert D. Dinerstein Jeanne F. Franklin Michael E. Abram William W. Crawford Larry P. Boyd John C. Coffee, Jr. Richard DiSalle Paul E. Freehling Patti L. Abramson

42 American Bar Foundation Kelly Frels R. William Ide III Ann Mesle James K. Robinson William P. Sutter William B. Dulany Donald Fried G. Conley Ingram Gregory Messer Nicholas A. Robinson Ronald J. Tabak Jack R. Euler Martin L. Fried David B. Isbell William D. Meyer Russell M. Robinson II Michael G. Tanner J. Kay Felt Donald H. Funk Wallace B. Jefferson Richard W. Millar, Jr. Wm. T. Robinson III S. Shepherd Tate John M. Ferren W. Royal Furgeson, Jr. John S. Jenkins, Ret. Gregory P. Miller Eduardo Roberto Rodriguez Stephen L. Tatum Richard C. Fields John A. Gaberino, Jr. Jorge R. Jimenez James H. Miller III William A. Rogers, Jr. C. William Tayler J. D. Fleming, Jr. James Gadsden John C. Johnston III Seymour W. Miller Harry J. Roper Richard B. Teitelman Philip A. Fleming Jose E. Gaitan John E. Johnston, Jr. Martin D. Minsker Stuart M. Rosen Larry E. Temple Leslie G. Foschio William F. Gallagher Candace M. Jones Albert Momjian Mitchel S. Ross Larry D. Thompson Henry E. Frye, Ret. Charles O. Galvin Charles E. Jones Claude D. Montgomery Harry M. Roth Sandra Thompson David W. Furgason Marie L. Garibaldi James F. Jorden Edward W. Moore Alan F. Rothschild, Jr. Parker D. Thomson William T. Gamble W. Michael Garner Richard E. H. Julien, Jr. S. D. Roberts Moore Barbara J. Rothstein Henry C. Thumann Kristin Booth Glen Herbert S. Garten Paul A. Kastler James C. Mordy Jack A. Rounick William Lee Thuston Jeffrey Bruce Golden Gibson Gayle, Jr. Peter Kellett Thomas D. Morgan Michael H. Rubin Paul H. Titus James R. Greenfield Cynthia George David E. Keltner Patrick C. Morrow Judith Runstad Bradley J. B. Toben Jeremiah F. Hallisey John J. Gibbons Mark T. Kempton John E. Moye Gerald L. Rushfelt William M. Treanor Lapsley W. Hamblen, Jr. Steven R. Gilford James A. Kenney III Virginia S. Mueller Robert G. Russell Howard J. Trienens Dale R. Harris Helen Gillmor Ted M. Kerr J. Shan Mullin Herman Joseph Anthony F. Troy Mark I. Harrison Ruth Bader Ginsburg Michael P. Kessler Earl H. Munson, Jr. Russomanno Thomas A. Troyer Ellen L. Hollander John A. Girardi Philip J. Kessler Michael E. Murman Kenneth L. Sable Warren K. Urbom H. Ritchey Hollenbaugh Thomas V. Girardi Loren Kieve Kay C. Murray Kaliste J. Saloom, Jr. Allan Van Fleet Ellis J. Horvitz Rosemary E. Giuliano William Haven King, Jr. Edward D. Myrick Sara P. Sandford William A. Van Nortwick, Jr. Barbara Kerr Howe Jean M. Golden David G. Klaber Gary Philip Naftalis Gary L. Sasso E. Norman Veasey John B. Hurlbut, Jr. Harvey J. Goldschmid Lori Klockau George M. “Jack” Neal, Jr. William I. Schapiro John H. Vernon III Theodore B. Ice Barry L. Goldstein David T. Knight W. Frank Newton Sanford J. Schlesinger Gene E. Voigts Robert F. James Jimmy K. Goodman Thomas E. Kopil David Nied William H. Schorling Stephen R. Volk F. Claiborne Johnston, Jr. Jamie Gorelick Edward F. Koren Randall Deane Noel H. Richard Schumacher Herbert M. Wachtell Harvey L. Kaplan Thomas A. Gottschalk Noel Anketell Kramer C. D. Northcutt David A. Schwartz Johnnie M. Walters Herma Hill Kay John Paul Graff Scott C. Krist Susan Potter Norton Kay Lyn Schwartz Herbert S. Wander Charles C. Keller K. Lawrence Gragg William F. Kroener III Richard W. Odgers Eugene F. Scoles Roger E. Warin Alan S. Kopit Andrew Jay Graham Kenneth F. Kunzman Alan O. Olson Robert E. Scott John B. Waters, Jr. Carolyn B. Lamm Maurice B. Graham Stephen H. Kupperman John F. Olson Jon M. Sebaly Donald E. Weihl Carol F. Lee Mark E. Grantham Edward A. Landry Joseph J. Ortego William S. Sessions W. Scott Welch III Jeannine L. Lee John DeWitt Gregory Charles W. Lane III Edward H. Pappas John Sexton Edwin J. Wesely Lloyd Lochridge Michael Donwell Gunter Robert Todd Lang Thomas C. Papson Beatrice Shainswit J. T. Westermeier Joseph R. Lowery Gary R. Gurwitz William G. LaSorsa Robert L. Parks Floyd Shapiro Joan G. Wexler Alan A. Matheson Donald D. Haley James A. Lassart Jeffrey R. Parsons Susan M. Sharko Michael A. White Roderick B. Mathews Leon P. Haller Michael J. LaVelle Scott F. Partridge Miriam Shearing Bruce Lord Wilder Albert J. Matricciani, Jr. Philip M. Halpern Ira H. Leesfield Robert S. Peck Robert C. Sheehan Benjamin F. Wilson Robert L. McMurray James Hamilton Arthur W. Leibold, Jr. Peer Pedersen Rita A. Sheffey Stewart R. Wilson David C. Moody C. Judson Hamlin George N. Leighton Peter Perlman Myron M. Sheinfeld Eugene L. Wishod Thurston R. Moore Stewart F. Hancock, Jr. E. Bruce Leonard William J. Perlstein Willie Shepherd Saul A. Wolfe Richard M. Mosk Lauren E. Handler Donald M. Lewis Michael W. Perrin Leopold Zangwill Sher George T. Wommack, Jr. Betty Southard Murphy W. Eugene Hansen David L. Lillehaug F. Whitten Peters Kenneth J. Sherk Travers D. Wood Roswell Bruchard Perkins V. Burns Hargis Stephen N. Limbaugh, Jr. Gordon P. Peyton Joel D. Siegal Marvin Eldridge Wright William V. Phelan John F. Harkness, Jr. Allan N. Littman Hugo M. Pfaltz, Jr. John G. Simon A. James Wriston, Jr. Donald J. Polden Norman E. Harned Raymond S. Londa Philip J. Pfeiffer Georganna L. Simpson Douglas R. Young Andrew S. Pollis Orrin Harrison III Thomas F. Londrigan Payton L. Phelps Alexander H. Slaughter James B. Young John W. Potter Albert C. Harvey Deborah J. Long George E. Pletcher Thomas S. Sleik William D. Zabel William E. Roberts Aubrey B. Harwell, Jr. Richard B. Long Bettina B. Plevan Allen M. Smallwood Stephen N. Zack Joseph J. Roszkowski Thomas Z. Hayward, Jr. Robert A. Longhi Geoffrey Edward Pope Thomas F. Smegal, Jr. Howard Zucker Henry C. Ryder John H. Smith Keith A. Hebeisen Henry R. Lord Maury B. Poscover Life Fellows* Ellen G. Sampson Howell Thomas Heflin, Jr. George T. Lowy Joseph M. Potenza Larry G. Smith John E. Sandbower III Thomas L. Ambro John J. Held Marla J. Luckert John Dale Powers Mary L. Smith Diana M. Savit Marc T. Amy Ed Hendricks, Sr. Graydon Dean Luthey, Jr. Whayne C. Priest, Jr. Richard E. Smith Patricia A. Seitz Loretta C. Argrett Sarah Andrews Herman Barbara M.G. Lynn Helen Pomerantz Pudlin John B. Snyder John P. Sheridan, Jr. Mitchell L. Bach Michael J. Higer Eric N. Macey John A. Purvis Rayman L. Solomon James R. Silkenat H. Grady Barnhill, Jr. Graham Hill Sidney J. Machtinger Roger A. Putnam Jerold S. Solovy Cubbedge Snow, Jr. Donna G. Barwick Robert F. Hill Susan T. Mackenzie Beverly J. Quail Neal R. Sonnett Joseph L. Stone John W. Bissell Donald B. Hilliker William F. Maderer Alan S. Rachlin Larry W. Sonsini Mikel L. Stout Stanley A. Black James R. Hobbs Stuart M. Mamer Shannon H. Ratliff Charles A. Sorenson Roger G. Strand David R. Brink Patrick E. Hobbs Marc J Manderscheid Claire E. Reade Luther H. Soules III Rebecca N. Strandberg Lissa L. Broome Kay H. Hodge Seymour Jay Mansfield Harry M. Reasoner Susan S. Soussan Reginald M. Turner, Jr. David A. Brownlee Jennifer Bruch Hogan Daniel H. Margolis Pamela Reeves S. Arthur Spiegel Stanley A. Twardy, Jr. Philip L. Bruner James A. Holcomb Amy Cashore Mariani Patricia Lee Refo Stanley Sporkin Owen B. Walsh Ellen Bree Burns Sheila S. Hollis Jane A. Marquardt Abraham Charles Reich Theodore J. St. Antoine Guilford D. Ware Robert R. Campbell L. Tyrone Holt Terri L. Mascherin Toni Rembe Walter K. Stapleton Charles C. Warner William B. Cassel Howard M. Holtzmann Joseph Matthews Margaret M. Richardson David J. Stetler James C. Warner Verner F. Chaffin Kathleen Joan Hopkins Adrianne C. Mazura Robert S. Rifkind Charles A. Storke David J. Waxse Theodore J. Collins Arthur S. Horn John M. McCollam Lauren Stiller Rikleen John F. Stroud, Jr. John B. Webber John D. Comer Mark L. Horwitz Steve McConnico James F. Rill Robert E. Stroud Richard S. Weinstein Lewis H. Conner, Jr. Barbara J. Howard Richard C. McCrea, Jr. Henry M. Rivera Kenneth H. Suelthaus Joseph R. Weisberger John P. Corderman William C. Hubbard John P. McDonald Christopher S. Rizek Barry Sullivan Gerald T. Wetherington Gregory S. Cusimano Walter B. Huffman Susan Linden McGreevy Nelson Roach E. Thomas Sullivan William C. Whitbeck Muller Davis Bynum M. Hunter Patrick Michael McLaughlin David W. Robbins Charles D. Susano, Jr. Clay R. Williams Dickinson R. Debevoise Jeffrey W. Hutson Henry H. McVey III James C. Roberts Stephen D. Susman Mary Ellen Coster Williams Mark S. Dray W. Thomas Hutton Allison Elizabeth Mendel Pamela Jane Roberts Thomas M. Susman Michael G. Wolfson

* Life Fellows who gave in 200 9-2010 are listed here. For a full list of Life Fellows, please visit our website. 2010 Annual Report 43 In Memoriam

Barbara Adell Curran October 28, 1928 – August 25, 2010 Research Professor and Associate Executive Director Emerita American Bar Foundation

On August 25, 2010, Barbara Adell Curran, whose association with the American Bar Foundation spanned five decades, passed away at the age of 82. Curran, who earned a J.D. from the University of Connecticut School of Law in 1953 and a LL. M. from Yale University in 1961, was hired by ABF as staff attorney in 1961. In the course of her career at ABF, Curran conducted research in the areas of consumer credit legislation, legal services for the poor, legal needs of the public, and gender bias in the courts. From 1971 to 1977 Curran directed a comprehensive national study on the legal needs of the public. The study culminated in Curran’s book, The Legal Needs of the Public (1977), which remains widely cited more than thirty years after its publication. In 1976 she was appointed as ABF’s first female Associate Executive Director, a position she held until 1987. Curran also carried forward one of ABF’s signature projects, The Lawyer Statistical Report (1985, 1991, 1995, 2000, 2005, with Clara Carson), a detailed demographic and geographic snapshot of the U.S. legal profession, based on information supplied by Martindale-Hubbell. Barbara Curran was a Life Patron Fellow of the American Bar Foundation.

44 American Bar Foundation Personnel

Administration Research Collaborating Scholars Robert L. Nelson , Director Support Staff Catherine R. Albiston , Eileen C. Gallagher , Mary Akchurin University of California, Boalt Hall School of Law Assistant Director for Governance, Jennifer Anderer Katherine Barnes , Liaison, and Legal Affairs Laura Babinsky University of Arizona Rogers College of Law Lucinda Underwood , Chris Berk Ellen Berrey , SUNY Buffalo Director of Communications, Matthew Boucher Kenworthey Bilz , Northwestern University School of Law Development, and Operations Lauren Buxbaum Rachel Billow , Independent Scholar Linda Lorenz , Executive Assistant Lillian Dagdigian Susan Block-Lieb , Fordham University Wencia Smithen , Controller Adrienne Dague Lee Cabatingan , University of Chicago Manager of Christopher W. Eckels Pedro Carneiro , University College London Information Services Adrienne Frie Bruce Carruthers , Northwestern University James Fields Nathan Gannon Jean Comaroff , University of Chicago Flavio Cunha , University of Pennsylvania IS Senior Support Specialist Jessica Gottesman Edgar Tuazon Brady G’sell Yves Dezalay , Centre Nationale de Recherche Scientifique, Paris Anna Hanson John Donohue, III , Yale Law School Senior Writer; Editor, Corinne Hirai Researching Law & ABF Angela Duckworth , University of Pennsylvania Clifton Ingram Annual Report ; Grants Officer Wendy Espeland , Northwestern University Jeffrey Konowitch Katharine W. Hannaford Malcolm Feeley , University of California, Berkeley Mac Lebuhn Holly Foster , Texas A&M University Development Associate Lili Liang Jeremy Freese , Northwestern University Timothy Watson Jaime Morse Roland Fryer , Harvard University Amy Myrick Publications Jennifer Hochschild , Harvard University Lila M. Stromer , Alexander Neame Steve Hoffman , SUNY Buffalo Managing Editor, Law & and Social Daniel Owings Lucien Karpik , Ecoles des Mines & EHESS, Paris Inquiry (through October ’10) Josh Pacewicz Ron Levi , University of Toronto Amy E. Schlueter , Editorial Jennifer Pachon Sida Liu , University of Wisconsin Coordinator, Law and Social Inquiry Jeeyoon Park (as of November ’10) Joanne Martin , American Bar Endowment Monique Payne-Pikus Richard McAdams , University of Illinois College of Law Technical Services Consultant Rachel Ricci Carrie Menkel-Meadow , Georgetown Law School Clara N. Carson Alan Ritchie Hans Merkens , Freie Universität, Berlin Joshua Robison The Fellows of the Dr. Andrew Naidech , Northwestern University Diego Rossello American Bar Foundation Soogeun Oh , Ewha Woman’s University, Seoul, Korea Melina Rozzisi Jennie Fisher Casavant , Jan Pacewicz , University of Chicago Director of the Fellows Jessica Salerno Anthony Paik , University of Iowa Candy Khin , Fellows Data Specialist Lisa Simeone Alberto Palloni , Northwestern University Anita Lee-Bjerke , Fellows Coordinator Anna Smialek Patricia Parker , University of Toronto Aaron Smyth Accounting Assistant Monique Payne-Pikus , DePaul University Craig Spencer Tessie Harrell JuLeigh Petty , Vanderbilt University Anna Terweil Mary R. Rose , University of Texas, Austin Administrative Associates Douglas Thompson Wenona Rymond-Richmond , Roz Caldwell , Annelise Tillman University of Massachusetts, Amherst Senior Administrative Associate Frances Tung Peter Siegelman , University of Connecticut Law School Anne Godden-Segard Samantha Turner Allison Lynch Ann Southworth , Chen-Tong Wang University of California, Irvine School of Law Research Social Scientists Jill Weinberg Marc Stears , Oxford University Elizabeth L. Murphy Hung Wu Joyce S. Sterling , University of Denver College of Law Gabriele Plickert Jeremy Yablon J.D. Trout , Loyola University Chicago George Yates Senior Research Edward Vytlacil , Yale University Marina Zaloznaya Social Scientist Vesla Weaver , University of Virginia Rebecca L. Sandefur David B. Wilkins , Harvard Law School

2010 Annual Report 45 Personnel

Law Firms Working Group, World Justice Forum II Scholars Group sponsored by the American Bar John L. Comaroff , Foundation and Indiana University American Bar Foundation and University of Chicago Arthur Alderson , Indiana University Margaret Levi , University of Washington Jonathan Beaverstock , Beatriz Magaloni , Stanford University University of Nottingham School of Geography Jongryn Mo , Yonsei University Laura Beny , University of Michigan Law School Robert Nelson , Leonard Bierman , American Bar Foundation and Northwestern University Mays Business School at Texas A&M University Steven Boutcher , University of California, Irvine Visiting Scholars Andrew Canter , Stanford Law School Karen Alter , Associate Professor, Political Science, Northwestern University Elizabeth Chambliss , New York Law School Nicole DeBruin , Martha Biondi , Associate Professor, African American Studies, Northwestern University School of Law Northwestern University Ronit Dinovitzer , University of Toronto Susan Block-Lieb , Professor, Fordham University School of Law Samuel Estreiche r, David John Frank , Professor, Sociology, University of California, Irvine New York University School of Law Thomas Ginsburg , Professor, University of Chicago Law School James Faulconbridge , Lancaster University Jonnna Grisinger , Assistant Professor, History, Clemson University Victor Fleischer , University of Illinois College of Law Bruce Hoffman , Associate Professor, Sociology, Ohio State University Marc Galanter , University of Wisconsin Law School/ Mark J. Osiel , Professor, University of Iowa College of Law London School of Economics Becky Pettit , Associate Professor, Sociology, University of Washington John Gordanier , Amherst College Carole Silver , Professor, Indiana University Maurer School of Law Elizabeth Gorman* , University of Virginia Christopher W. Schmidt , Gillian Hadfield , Assistant Professor, Chicago-Kent College of Law University of Southern California Law School Michael Heise , Cornell Law School Doctoral Fellows William D. Henderson* , Jamillah Bowman , Sociology and Law, Stanford University Indiana University Mauer School of Law Jordan Gans-Morse , Deborah Hensler , Stanford Law School Political Science, University of California, Berkeley Michael Hoyler , Loughborough University Jamie Longazel , Sociology, University of Delaware Lynn Mather , University at Buffalo Law School Shaun Ossei-Owusu , Andrew Morriss , Africa Diaspora Studies, University of California, Berkeley University of Illinois College of Law Destiny Peery , Psychology and Law, Northwestern University Daniel Muzio , Rashmee Singh , Criminology, University of Toronto Lancaster University Management School Kimberly Welch , History, University of Maryland Jonathan Nash , Tulane Law School Robert L. Nelson* , American Bar Foundation Members of the Sara Peters , Stanford Law School Wheeler External Research Review Panel Professor Richard Brooks , Yale Law School Kevin Quinn , Harvard Institute for Quantitative Social Science Professor Stewart Macaulay , University of Wisconsin School of Law Mitt Regan , Georgetown University Law Center Professor Michael McCann , Lauren Robel* , Comparative Law and Society Studies Center, University of Washington Indiana University Maurer School of Law Tanina Rostain , New York Law School Professor Sally Engle Merry , Marion Butler McLean Professor in the History of Ideas, Wellesley College Carole Silver , Indiana University Maurer School of Law Professor Jennifer Robbennolt , University of Illinois College of Law Peter Taylor , Loughborough University Professor Robert Sampson , Department of Sociology, Harvard University Christopher Tuggle , University of Missouri—Columbia Gita Wilder* , NALP Foundation for Law Career Research and Education

* Member, Law Firms Working Group Steering Committee

46 American Bar Foundation Financial Report 200 9-2010

Statements of Financial Position Years Ended August 31, 2010 and 2009

Assets August 31, 2010 August 31, 2009 Cash and cash equivalents $318,046 $272,952 Long-term investments at market value 17,701,612 17,677,506 Receivables and other 186,916 175,440 Prepaid expenses 25,642 15,249 Property and equipment 426,591 483,108 (Original cost of $2,053,750 in 2010 and $2,034,459 in 2009, less accumulated depreciation of $1,627,159 in 2010 and $1,551,351 in 2009)

Total Assets 18,658,806 18,624,255

Liabilities Accounts payable and accrued expenses 509,793 506,871 Short-term debt 100,000 500,000 Deferred revenues 39,000 4,999 Deferred rent liability 819,949 802,735 Pension liability 624,242 364,646 Total Liabilities 2,092,984 2,179,251

Net Assets Unrestricted 12,617,116 12,586,873 Temporarily restricted 1,602,692 1,524,067 Permanently restricted 2,346,014 2,334,064 Total Net Assets 16,565,822 16,445,004

Total Liabilities and Net Assets $18,658,806 $18,624,255

Notes: These financial statements were abstracted from the Foundation’s August 31, 2010 financial statements which are currently being audited by Blackman Kallick, LLP. Because the information does not include all disclosures required by the generally accepted U.S. accounting principles, it does not purport to present the Foundation’s financial condition or results of operations. A copy of the audited financial statements will be provided upon request at the Foundation’s office.

2010 Annual Report 47 Financial Report 200 9-2010

Statements of Activities Years Ended August 31, 2010 and 2009

Revenues August 31, 2010 August 31, 2009 American Bar Endowment $3,750,000 $3,750,000 National Science Foundation grants 299,542 300,206 The Fellows of the ABF 1,142,527 1,047,604 LSAC research grants 101,507 104,750 Other grants/contributions 107,684 163,520 Total Grants and Contributions 5,401,259 5,366,080 ABF Endowment spending allowance 974,480 1,196,00 Law and Social Inquiry subscriptions 14,000 11,000 Royalties and publications 7,760 784 Interest income 292 481 Other income 9,429 15,871 Total Revenues 6,407,220 6,590,216

Functional Expenditures Research activities 2,781,897 3,188,010 Fellows’ Services (net of revenues from events) 427,268 401,346 Law & Social Inquiry 148,334 142,742 Liaison Research Services 6,519 7,691 Academic Affairs and Fellowships 160,513 205,920 Administration, Facilities and Dissemination 2,623,006 2,537,502 Total Expenditures 6,147,537 6,483,211

Results from Operations 259,683 107,005

Other Foundation Activity—Non-Operating and Restricted Investment activity net of allowance (23,040) (3,117,705) Restricted gifts 11,950 33,899 Changes in minimum pension liability (127,775) (1,253,368) Total Change in Net Assets 120,818 (4,230,169)

Notes: $42,527 of Fellows revenue transferred to the Fellows Research Chair on Diversity and Law fund.

48 American Bar Foundation Allocation of Funding FY 200 9-2010 American Bar Foundation Research Projects

19% Legal Profession

16% Legal History and Social Role of Law

11% Discrimination

23% Law and Globalization

14% Criminal Justice

17% Civil Justice 750 N. Lake Shore Drive, Chicago, IL 60611-4403 312-988-6500 www.americanbarfoundation.org