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ZACHARY D. KAUFMAN, J.D., PH.D. (203) 809-8500 • ZACHARY . KAUFMAN @ AYA . YALE. EDU • WEBSITE • SSRN ACADEMIC APPOINTMENTS WASHINGTON UNIVERSITY IN ST. LOUIS SCHOOL OF LAW (Jan. – May 2022) Visiting Associate Professor of Law UNIVERSITY OF HOUSTON LAW CENTER (July 2019 – present) Associate Professor of Law and Political Science (July 2019 – present) Co-Director, Criminal Justice Institute (Aug. 2021 – present) Affiliated Faculty Member: • University of Houston Law Center – Initiative on Global Law and Policy for the Americas • University of Houston Department of Political Science • University of Houston Hobby School of Public Affairs • University of Houston Elizabeth D. Rockwell Center on Ethics and Leadership STANFORD LAW SCHOOL (Sept. 2017 – June 2019) Lecturer in Law and Fellow EDUCATION UNIVERSITY OF OXFORD – D.Phil. (Ph.D.), 2012; M.Phil., 2004 – International Relations • Marshall Scholar • Doctoral Dissertation: From Nuremberg to The Hague: United States Policy on Transitional Justice o Passed “Without Revisions”: highest possible evaluation awarded o Examiners: Professors William Schabas and Yuen Foong Khong o Supervisors: Professors Jennifer Welsh (primary) and Henry Shue (secondary) o Adaptation published (under revised title) by Oxford University Press • Master’s Thesis: Explaining the United States Policy to Prosecute Rwandan Génocidaires YALE LAW SCHOOL – J.D., 2009 • Editor-in-Chief, Yale Law & Policy Review • Managing Editor, Yale Human Rights & Development Law Journal • Articles Editor, Yale Journal of International Law • Co-Founder and Co-President, Yale Law Social Entrepreneurs, 2007-2009 • Student Clinician, Non-Profit Organizations Clinic, 2008-2009 YALE UNIVERSITY – B.A., 2000 – Political Science • Thesis: Judging Selecting Judges: The History and Political Science of Selecting and Retaining Judges in the United States • Student Body President, 1998-1999 • Co-Captain, Yale Wrestling Team, 1999-2000 • All-American and Runner-Up National Champion, National Collegiate Wrestling Association, 1998 • Residential Counselor for First-Year Students, 1999-2000 PUBLICATIONS More than 14,800 downloads from Social Science Research Network (SSRN) Author Page. BOOKS • THE LAW AND POLITICS OF BYSTANDERS AND UPSTANDERS (Cambridge University Press) (under contract). 1 • UNITED STATES LAW AND POLICY ON TRANSITIONAL JUSTICE: PRINCIPLES, POLITICS, AND PRAGMATICS (Oxford University Press, hardback 2016, paperback with new afterword 2017). o Reviews published in International Affairs, Journal of International Criminal Justice, and Human Rights Quarterly. o Used as source material for two documentaries: “Tokyo Trial: Justice with an Accent” and “Death Laboratory: Apocalypse in Japan.” • SOCIAL ENTREPRENEURSHIP IN THE AGE OF ATROCITIES: CHANGING OUR WORLD (Edward Elgar Publishing, hardback and paperback 2012) (editor). o Reviews published in Yale Global, Aidnography, Peace & Justice, and Actionable Books. • AFTER GENOCIDE: TRANSITIONAL JUSTICE, POST-CONFLICT RECONSTRUCTION, AND RECONCILIATION IN RWANDA AND BEYOND (Oxford University Press, hardback and paperback 2009) (co-editor with Phil Clark). o Reviews published in Terrorism & Political Violence, Journal of Intervention and Statebuilding, Canadian Journal of Political Science, H-Genocide, The New Republic, and The Observer. JOURNAL ARTICLES – ACADEMIC • Digital Age Samaritans, 62 BOSTON COLLEGE LAW REVIEW 1117 (2021). • Legislating Atrocity Prevention, 57 HARVARD JOURNAL ON LEGISLATION 163 (2020). o Entered into the Congressional Record on June 13, 2019, as part of the Congressional hearing hosted by the Tom Lantos Human Rights Commission on “Pursuing Accountability for Atrocities.” • Protectors of Predators or Prey: Bystanders and Upstanders amid Sexual Crimes, 92 SOUTHERN CALIFORNIA LAW REVIEW 1317 (2019). o Winner, 2020 Southeastern Association of Law Schools (SEALS) Call for Papers Award (annual prize for excellence in scholarship on any subject by a professor of any rank at a SEALS member school). o Selected by Southern California Law Review as the subject of the school’s symposium about one article from the year’s volume (held in March 2019). • Lessons from Rwanda: Post-Genocide Law and Policy, 31 STANFORD LAW & POLICY REVIEW ONLINE 1 (2019). • The Prospects, Problems, and Proliferation of Recent UN Investigations of International Law Violations, 16 JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE 93 (2018). • From the Aztecs to the Kalahari Bushmen – Conservative Justices’ Citation of Foreign Sources: Consistency, Inconsistency, or Evolution?, 41 YALE JOURNAL OF INTERNATIONAL LAW ONLINE 1 (2015). • Transitional Justice for Tōjō’s Japan: The United States Role in the Establishment of the International Military Tribunal for the Far East and other Transitional Justice Mechanisms for Japan after World War II, 27 EMORY INTERNATIONAL LAW REVIEW 755 (2013) (invited contribution to symposium issue on “The Future of the International Criminal Court in Light of Recent Developments”). • The United States, Syria, and the International Criminal Court: Implications of the Rome Statute’s Aggression Amendment, 55 HARVARD INTERNATIONAL LAW JOURNAL ONLINE 35 (2013). • Comment on “Managing the Rule of Law in the Americas: An Empirical Portrait of the Effects of 15 Years of WTO, MERCOSUL, and NAFTA Dispute Resolution on Civil Society in Latin America,” by Professor Stephen Powell and Dr. Ludmilla Mendonca Lopes Ribero, 42 UNIVERSITY OF MIAMI INTER-AMERICAN LAW REVIEW 253 (2011) (invited contribution to symposium issue on “The Impact of Regional Trade Agreements on Human Rights and the Rule of Law”). • The Nuremberg Tribunal v. The Tokyo Tribunal: Designs, Staffs, and Operations, 43 JOHN MARSHALL LAW REVIEW 753 (2010) (invited contribution to symposium issue on “International Law in the 21st Century: The Law and Politics of the International Criminal Court”). Zachary D. Kaufman, J.D., Ph.D. – C.V. 2 • Transitional Justice Delayed Is Not Transitional Justice Denied: Contemporary Confrontation of Japanese Human Experimentation During World War II Through a People’s Tribunal, 26 YALE LAW & POLICY REVIEW 645 (2008). • No Right to Fight: The Modern Implications of Japan’s Pacifist Postwar Constitution, 33 YALE JOURNAL OF INTERNATIONAL LAW 266 (2008). • Justice in Jeopardy: Accountability for the Darfur Atrocities, 16 CRIMINAL LAW FORUM 343 (2006). • The Future of Transitional Justice, 1 ST. ANTONY’S INTERNATIONAL REVIEW 58 (2005) (invited contribution to inaugural issue of Oxford University’s journal of international relations). JOURNAL ARTICLES – PRACTITIONER • Making Social and Environmental Impact Through Legal Careers: The Top 10 Roles for Attorneys in Social Entrepreneurship, LAW FOR CHANGE, Aug. 2013, at 1 (invited contribution). • Democratizing Entrepreneurship: An Overview of the Past, Present, and Future of Crowdfunding, 45 BLOOMBERG BNA SECURITIES REGULATION & LAW REPORT 208 (2013) (with Theodore W. Kassinger & Heather L. Traeger). • Youth and Social Entrepreneurship, 7 DIPLOMATIC COURIER 68 (2013) (invited contribution to special issue for the 2013 U.S. presidential inauguration on “Foreign Policy and the American President”). • Preparing for Aggressive Congressional Investigations in 2013, CORPORATE COUNSEL, June 6, 2012, at 15 (invited contribution to series examining the intersection of political and legal issues in advance of the 2012 U.S. presidential election) (with K. Lee Blalack & David J. Leviss). • Social Entrepreneurship in a Post-Genocide Society: Building Rwanda’s First Public Library, 1 SOCIETY & DIPLOMATIC REVIEW 52 (2006) (invited contribution to journal’s inaugural issue). BOOK CHAPTERS AND OTHER BOOK SECTIONS • The United Nations International Criminal Tribunal for Rwanda, in THE ENCYCLOPEDIA OF TRANSITIONAL JUSTICE (Nadya Nedelsky & Lavinia Stan eds., 2d ed. forthcoming). • Transitional Justice Delayed Is Not Transitional Justice Denied: Contemporary Confrontation of Japanese Human Experimentation During World War II Through a People’s Tribunal, in PEOPLE’S TRIBUNALS, HUMAN RIGHTS, AND THE LAW 163 (Regina Paulose ed., 2020). • Rwanda: Recent History, in AFRICA SOUTH OF THE SAHARA 2016, 969 (Iain Frame ed., 2015) (with Phil Clark). Previous annual chapters: 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006. • Transitional Justice as Genocide Prevention: From a Culture of Impunity to a Culture of Accountability, in CONFRONTING GENOCIDE IN RWANDA: DEHUMANIZATION, DENIAL, AND STRATEGIES FOR PREVENTION 363 (Jean-Damascène Gasanabo, David J. Simon & Margee M. Ensign eds., 2014). o Recommended as “Worth Reading” by War Crimes Prosecution Watch, Vol. 9, Iss. 3 (May 5, 2014). • International Criminal Tribunal for Rwanda, in ENCYCLOPEDIA OF TRANSITIONAL JUSTICE 233 (Nadya Nedelsky & Lavinia Stan eds., 2012). • Chapters in SOCIAL ENTREPRENEURSHIP IN THE AGE OF ATROCITIES: CHANGING OUR WORLD (Zachary D. Kaufman ed., 2012): o Social Entrepreneurship in the Age of Atrocities: Introduction. o Social Entrepreneurship in a Post-Genocide Society: Building Rwanda’s First Public Library, the Kigali Public Library. o Social Entrepreneurship in the Age of Atrocities: Lessons Learned and Conclusion. o Appendix: Social Entrepreneurship Resources and Institutions. Zachary D. Kaufman, J.D., Ph.D. – C.V. 3 • Chapters in AFTER GENOCIDE: TRANSITIONAL JUSTICE, POST-CONFLICT RECONSTRUCTION, AND RECONCILIATION IN RWANDA AND BEYOND (Phil Clark & Zachary D. Kaufman eds., 2009): o After Genocide (with Phil Clark). o The United States Role in the Establishment of the United Nations International
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  • 77-803 ) John Barchi, )

    77-803 ) John Barchi, )

    ORIGINAL In the Supreme Court of tfje Utiiteb States WILLIAM Go BARRYs AS CHAIRMAN OP ) THE NEW YORK STATE RACING AND ) WAGERING BOARD, ET AL,, ) ) APPELLANTS, ) ) V, ) No. 77-803 ) JOHN BARCHI, ) APPELLEE„ <X> -rt0 c5 t/> rn to I> rn ^ ;/>— o0 <— "O —.ezrn tj-'1 4> of my) O Washington, Da C, November 7, 1978 Pages 1 thru 48 Duplication or copying of this transcript by photographic, electrostatic or other facsimile means is prohibited under the order form agreement. ^Jloouer Ideportint^ do., d)nc. i! /^ejjorfero WuJ. teflon, 7). d. 546-6666 IN THE SUPREME COURT OF THE 'UNITED STATES *<r WILLIAM Go BARRY, AS CHAIRMAN OF: THE NEW YORK STATE RACING AND : WAGERING BOARD, ET AL„, : a Appellants, : V o No» 77-303 JOHN BARCHI, Appellee» : ------ x Washington, D„ C„ Tuesday, November 7s 1973 The above-entitled matter came on for argument at 11:53 o'clock, a0mo BEFORE: WARREN Bo BURGER, Chief Justice of the United States WILLIAM BRENNAN, Associate Justice POTTER STEWART, Associate Justice BYRON Ro ’WHITE, Associate Justice THURGOQD MARSHALL, Associate Justice HARRY A 0 BLACKMUN, Associate Justice LEWIS Fo POWELL, JR,, Associate Justice WILLIAM Ho REHNQUIST, Associate Justice JOHN PAUL STEVENS, Associate Justice APPEARANCES : ROBERT So HAMMER, ESQ,, Assistant Attorney General, State of New York, Two World Trade Center, New York, New York 10047* on behalf of the Appellants, JOSEPH A0 FARALDO, ESQ„, 125-10 Queens Boulevard, Kew Gardens, New York 11415, on behalf of the Appellee 2 CONTENT^ ORAL ARGUMENT OP: PAGE Robert Hammer* Esq„* on behalf of the Appellants 3 In rebuttal 45 Joseph A „ Faraldo, Esq.* on behalf of the Appellees 23 3 MRo CHIEF JUSTICE BURGER: We will hear arguments next in 77-803» Barry against Barchi.