facultyTHE GEORGE WASHINGTON UNIVERSITY SCHOOL fileSPRING 2016 facultyTHE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL file SPRING 2016

Lisa Fairfax published “Separation SCHOLARSHIP of Germanwings Crash Was Negligent Switch Design.” Anxiety: A Cautious Endorsement of the John F. Banzhaf III’s recent Independent Board Chair” in the Indiana writings include “Cleveland Christopher A. Bracey’s Law Review (2014) and “Toward a Theory Highlights Big book chapter, “Michael of Shareholder Leverage” in the UCLA Burden for Baltimore’s Brown, Dignity and Déja Vu: Online Law Review (2014). in Cop Case”; From Slavery to Ferguson “Amtrak Crash Caused and Beyond,” will be by Negligent Speed published in the forth- Control”; “At GWU Holy coming edited volume, Place,” Jotwell – Legal “Growing Inequality and Symbol Triggers Ban, But Ferguson Fault Lines: Legal Scholarship We Like and Children,” American Hangman’s Noose OK at and Social Reverberations. Why It Matters, November University Journal of Gender, Duke”; “Freddie Gray – 7, 2014; and “Owaru Social Policy and the Law Baltimore Cop Charges Neil Buchanan published Kotono Nai Saimu Jogen (2015) (with June Carbone); Likely to Fail, Triggering “Using the Tax Code to Help No Kiki (The Never-Ending “’Making Things Fair’: An More Violence”; “Outrage Universities Put Big-Time Debt Ceiling Crisis),” Sozei Empirical Study of How Over GWU’s Religious Ban College Sports in (Some) Kenkyu (Tax Studies) (April People Approach the Wealth Grows, Here and in India”; Perspective,” Jotwell Tax 2014). He also published Transmission System” in Elder “Supreme ’s Death (September 2015); “An Odd a number of pieces Law Journal (2015) (with Debate Ignores Obvious Remedy That Does Not in Justia’s Verdict, including Amy Ziettlow); “A Gendered Alternative To Lethal Solve the Supposed Problem “Current Retirees Should Reading of Security and Injections”; “Should George (commentary on Comptroller Not Be the Last to Enjoy a Security Reform in Post- Washington University Ban of Maryland v. Wynne),” Middle-Class Retirement.” Conflict Societies” inSexual Jewish Star, As It Did Eastern George Washington Law Violence in Conflict and Post- Holy Symbol?”; ”Columbia Review’s “On the Docket” Naomi Cahn published Conflict Societies (Routledge, Report Is Roadmap For Law (October Term 2014), May several articles and book 2014) (with Dina Haynes Suits, Could Hurt Victims”; 23, 2015; “Legal Scholarship chapters: “Contemporary and Fionnula Ni Aolain); and “Banzhaf, One Cause Makes the World a Better Trusts and Estates: An “Contemporary Trusts and Experiential Approach” Estates—An Experiential (Wolters Kluwer Law & Approach,” St. Louis Business, 2014) (with Susan University Law Journal (2014) Donald Clarke published “Blowback: N. Gary); “Young v. United (with Borison, Jerome, et. al.); How China’s Efforts to Bring Private- Parcel Service,” George “Digital Planning,” in Sector Standards into the Public Sector Washington Law Review’s and Property, May-June Backfired,” inRegulating the Visible Hand? “On the Docket” (March 27, 2014, (with Amy Ziettlow); The Institutional Implications of Chinese 2015) (with June Carbone); and “Do Tell! The Rights of State Capitalism (Oxford University Press “Class, Politics, Gender and Donor-Conceived Offspring,” 2015, Curtis Milhaupt & Benjamin Liebman, eds.), and the Marriage Divide in the Hofstra Law Review (2014). United States” in Families, “China’s Legal System and the Fourth Plenum,” Asia Policy, Relationships and Societies Bradford Clark and A.J. Bellia No. 20 (July, 2015). (2015) (with June Carbone); (Notre Dame) published “The

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Original Source of the Cause Beast and “The Obama Joan Meier, together with DV-LEAP of Action in Federal : ” in Slate. Professor and Skadden Arps, Slate, Meagher The Example of the Alien Fontana was also a panelist and Flom, authored a third Supreme ,” 101 Va. L. Rev. for a Transparency Caucus Court amicus brief in Ohio v. Clark, a 609 (2015). briefing on the need for case concerning whether children’s live video and audio in the reports of abuse to mandated reporters Lawrence A. Cunningham Supreme Court. (teachers) are “testimonial” and therefore excluded published numerous op-eds last year, including four Robert Glicksman published under the Confrontation Clause, or part of an “ongoing in The New York Times Statutory Analysis in the emergency” and therefore admissible. Professor Meier’s and others in newspapers Regulatory State (Foundation article, “Johnson’s Differentiation Theory: Is it Really ranging from the Omaha- Press 2014); Administrative Empirically Supported?,” was published in the Journal of World Herald to The Wall Law: Agency Action in Child Custody. Street Journal, and journals Legal Context (Foundation such as The National Interest Press 2d ed. 2014); and the Harvard Corporate Environmental Protection: Governance Forum. Topics Law and Policy (Aspen 7th 2014). His article with Thoko (with D. Markell) and “Energy ranged from Berkshire ed. 2015); “A Holistic Look Kaime (University of Essex in Sources for Electricity” (with Hathaway to AIG and from at Agency Enforcement,” England), “An International D. Spence) in Global Climate corporate governance to the 93 N.C. L. Rev. 1 (2014); Legal Framework for Change and U.S. Law; “The . “Coercive vs. Cooperative SE4All: and Regulatory in the Enforcement: Effect of Sustainable Development Marketplace,” forthcoming in Roger A. Fairfax, Jr. Enforcement Approach on Law Imperatives,” was Vanderbilt Law Review (with published “Teaching Environmental Management,” published in 38 Fordham Int’l D. Spence); “Nuclear Power, the Methods of White- 42 Int’l Rev. of L. & Econ. L.J. 1405 (2015). Thomson Risk, and Retroactivity,” Collar Criminal Practice: 135 (2015); “The Relative Reuters just published NEPA forthcoming in Vanderbilt Investigations” in the Ohio Efficacy of Coercive and Law and Litigation (2015 Journal of Transnational State Journal of . Cooperative Enforcement ed.), for which Professor Law; “Chevron’s Generality His essay, “Teaching ‘The Approaches to Water Glicksman wrote five of the Principles,” Fordham L. Wire’: Integrating Capstone Pollution Control,” in Next 13 chapters. Rev.; “Administrative Policy Content into the Generation ’s Asymmetries of Criminal Law Curriculum,” Compliance and Enforcement Emily Hammond published Statutory Origin,” Texas appeared in the Journal of (ELI 2014); and “Natural “Energy, Economics, and L. Rev. See also “Court- . Resource Management and the Environment: Cases Agency Dialogue at the Protection,” in International and Materials” (with J. Eisen Boundaries of Reviewability,” David Fontana published Environmental Law: The et al.); “Environmental George Washington Law two articles, “Will Texas Practitioners Guide to the Protection: Law and Policy” Review Arguendo. Stay Texan?” in the Daily of the Planet (ABA (with R. Glicksman et al.); “Linking Legal Framework Susan Jones published Design and Risk Theory “Viewing Value Creation to Consumer Acceptance by Business Dmitry Karshtedt published “The of the Smart Grid,” in The Through the Lens of Completeness Requirement in Patent International Smart Grid Transactional Legal Clinics” Law,” 56 Boston College Law Review Conference (with J. Eisen); (with Jacqueline Lainez 949 (2015) and “The Riddle of Secret “Chevron Step One; and and Debbie Lovinsky) in Chevron Step Two” in A UC-Davis Business Law Public Use: A Response to Professor Guide to Judicial and Political Journal (2014). She also Lemley,” 93 Texas Law Review. Review of Administrative published “Alleviating See also 159 (2015). Agencies; “Civil Remedies” Poverty—What Lawyers Can

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Catherine Ross published Lessons In Lee’s article, “Making Race Alan Morrison has been Censorship: How Schools and Courts Salient: Trayvon Martin co- on several amicus Subvert Students’ First Amendment and Implicit Bias in a Not briefs supporting challenges Rights (Harvard University Press, 2015) Yet Post-Racial Society,” 91 to state bans on same-sex and her article “True Threat to Free North Carolina Law Review marriage. He filed anamicus 1557 (2013), was featured in brief and participated in two Speech Averted in Elonis v. United the National Association of moot courts for the plaintiff States,” cited as: “Response, Elonis v. United States,” was Criminal Lawyers’ in Zivotofsky v. Kerry. Dean published in the George Washington Law Review’s “On Champion magazine. Morrison also published an the Docket” and quoted in SCOTUSblog. essay in the Lewis & Clark Renée Lettow Lerner Law Review, as the school’s published a book chapter, 2013 Higgins Distinguished Do Now” in The Many the Murder of Transgender “The Troublesome Inheritance Visitor, titled “The Brandeis Faces of Poverty in America Women,” 66 Hastings L.J. of Americans in Magna Brief and 21st Century issue, the August 2014 77 (2014) (with Peter Kwan). Carta and by ,” in Constitutional Litigation.” issue of Human Rights, a Her essay, “(E)racing Trayvon Magna Carta and its Modern Dean Morrison filed an publication of the ABA’s Martin,” was published Legacy 77-98 (Robert amicus brief in opposition Section on Individual Rights as part of the Ohio State Hazell and James Melton to the proposed class- and Responsibilities. Journal of Criminal Law’s eds., Cambridge University action settlement in the NFL 2014 symposium issue on Press 2015). concussion case. Orin Kerr published “The Twenty Plus Years of Critical Fourth Amendment and the Race Theory and Criminal Gregory E. Maggs and Blake D. Morant’s article, Global Internet,” Stanford . She is currently co-author Peter Smith “The Continued Evolution Law Review; “Katz Has Only working on a new criminal completed the third edition of of American Legal One Step: The Irrelevance procedure casebook with their textbook, Constitutional Education,” is forthcoming of Subjective Expectations,” L. Song Richardson and Law: A Contemporary in the Wake Forest Law University of Chicago Law Tamara Lawson titled Approach (West Academic). Review. In October, Dean Review; “A Rule of Lenity : Cases With co-author Lisa Schenck, Morant was the keynote for National Security and Materials, (West 2016). Professor Maggs also speaker at the Wake Surveillance Law,” Virginia She is also working on prepared the second edition Forest Law Review Fall Law Review; and “The two new articles: “A New of Modern Justice Symposium, which was titled Influence of Immanuel Kant Approach to Voir Dire on (West Academic). Professor “Revisiting Langdell: Legal on Evidentiary Approaches Racial Bias” for the UC Maggs also wrote an essay, Education Reform and the in 18th Century Bulgaria,” Irvine Law Review and “ Bork’s Remarkable ’s Craft.” The Green Bag. “Making Black and Brown Adherence to Unremarkable Lives Matter: Incorporating Principles of National Security Sean D. Murphy published Laird Kirkpatrick’s five- Race into the Criminal Law,” for an issue of the Ave “Reflections on the ICJ volume treatise, Federal Procedure Curriculum” Maria Law Review honoring Advisory Opinion on Kosovo: (co-authored for the St. Louis University the memory of the late Hon. Interpreting Security Council by Christopher Mueller), Law Review. Professor Robert H. Bork. Resolution” 1244 (1999) was twice cited by the U.S. in Law and Politics of the Supreme Court in Warger v. Kosovo Advisory Opinion Shauers, the first decision of (Michael Wood & Marko Naomi Schoenbaum published the new term. Milanovic, eds., Oxford “The Law of Intimate Work” in the University Press, 2015); Cynthia Lee published Washington Law Review and “When “Crime of Aggression,” “The Trans Panic Liberals and Conservatives Agree on Oxford Handbook of the Use Defense: Masculinity, Women’s Rights” in Politico. of Force in Heteronormativity, and (Marc Weller, ed., Oxford

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In March, Alberto M. Benítez, GW Law’s of employment discrimina- Karen Da Ponte Thornton’s Immigration Clinic, and Immigration tion law in the Wisconsin publication, “Parsing Law Association hosted the Washington Law Review and recently the Visual Rhetoric of District Office of CIS for a naturalization completed work on the third Office Dress Codes: A ceremony for young people at GW Law. edition of the casebook Work Two-Step Process to Law (Lexis). Increase Inclusivity and Professionalism in Legal Daniel J. Solove published Workplace Fashion,” is University Press, 2015); and Tax Decision Is Adequate?,” the fifth edition of his case- forthcoming in Legal “Immunity Ratione Personae Duke Law Journal. He also book, Information Privacy Communication & of Foreign Government co-authored two amicus briefs Law, along with three spin-off Rhetoric: JALWD. Officials and Other Topics: in Supreme Court cases. books: Consumer Privacy and The Sixty-Fifth Session Data Protection; Privacy, Law Arthur Wilmarth’s article, of the International Law Steve Schooner’s Enforcement, and National “A Two-Tiered System of Commission,” American co-authored article, “Eyes Security; and Privacy and Financial Is Journal of International on the Prize, Head in the the Media. Needed to Preserve the Law (2014). As special Sand: Filling the Due Viability of Community rapporteur for the United Process Vacuum in Federally Jessica Steinberg published Banks and Reduce the Nations International Law Administered Contests,” “Demand Side Reform in Risks of Megabanks,” Commission, he produced appeared in Volume 24 the Poor People’s Court” was published in the his first Report on Crimes of the Federal Circuit in the Connecticut Law Michigan State Law Against Humanity (2015). Journal. His co-authored Review (2015). Review. His op-ed, “Use piece, “Prizes! Innovating, Tiered Regulation to Scott Pagel authored a Risk Shifting, and Avoiding Sonia Suter published Preserve Small Banks, chapter, “Two Sides of the and Grants” “The First Amendment Keep Big Ones in Line,” Coin: The Roles of the Law appeared in The Public and Physician Speech in was published in American Library Director in ABA Manager’s Winter 2014 Reproductive Decision Banker. His article, “The Sabbatical Visits,” for the Forum on “Acquisition: Making,” 43 J.L. Med & Financial Industry’s Plan book Academic Law Library Short-Term Tactics and Long- Ethics 22 (2015), and an for Resolving Failed Director Perspectives (2015). Term Change.” Professor essay, “Interest Creep and Megabanks Will Ensure Schooner’s “Book Review: The Politics of Constitutional Future Bailouts for Wall Richard J. Pierce, Jr. ‘The Invisible Soldiers: How ,” 80 George Street,” will be published in published the “2015 America Outsourced Our Washington Law Review the Georgia Law Review. Supplement to Administrative Security’ by Ann Hagedorn,” Arguendo 29 (2014) (a Law Treatise” and “Peter appeared in the Autumn response to Professor Chris Yukins’ book Strauss: Teacher Scholar, 2014 issue of Parameters, Dov Fox). (co-edited with Gabriella and Ambassador-at-Large,” the quarterly journal of the Review; U.S. Army War College, “The Rocky Relationship and he also published Robert Cottrol and Robin Between the Federal the short essay, “Look Up Juni presented lectures Trade Commission and and Around: Musings on at the Universidad del Administrative Law,” George Mentors, Role Models, Washington Law Review; “The and Professionalism,” Salvador in Buenos Aires, Administrative Conference in the March 2014 Argentina. Professor and Empirical Research,” issue of Contract Cottrol discussed George Washington Law Management magazine. comparative developments in the jury system, while Review; and “What Institution Assistant Dean Juni addressed air pollution regulation Should Decide Whether an Michael Selmi published and agency decision processes. Agency’s Explanation of a an article on the evolution

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Racca of the University of “The U.S. Copyright Office: Suzanne Jackson was appointed to the Turin) Integrity and Efficiency Its Functions and Resources.” ABA’s National Conference on Aging in Sustainable Public and the Law Planning Committee Contracts was published Neil H. Buchanan was quoted and the University’s Benefits Advisory in Belgium as part of in two PolitiFact articles in Committee. Professor Jackson recently the Droit Administratif — which he corrected the served as a grant evaluator for the Administrative Law series. record regarding politicians’ National Council on Aging. Daniel I. Gordon is also misstatements about the represented in the volume national debt and deficits. He in the chapter on “Integrity also presented his scholarly Challenges in the EU and US work at the following venues: Fiduciaries about the new role of global trade and Procurement Systems.” University of Washington Law uniform fiduciary access to environment regimes in the School Tax Policy Conference, digital assets law for which achievement of sustainable University of Miami Law she was the Reporter, and development and explored ACTIVITIES School Jotwell Conference, she served on a Center how WTO National Tax Association for American Progress on trade and environment Martin Adelman and John Annual Meeting (Santa Fe, panel on “Valuing All evolved during the past Whealan, with Sir Robin NM), Critical Tax Conference Our Families: Progressive two decades. Professor Jacob from the University (Northwestern University Policies that Strengthen Charnovitz—an expert on College London, hosted an Law School), Law and Family Commitments and international trade, interna- international conference on Society Association Annual Reduce Family Disparities.” tional law, and environmental “Patents in Telecom.” Meeting (Seattle), the Vienna Professor Cahn spoke on sustainability—spoke on a Congress of the International a panel at the “Increasing panel about the evolution of John F. Banzhaf III led the Association for Law and Author Diversity in Legal trade and environment juris- successful battle—protecting Mental Health, and the Scholarship Roundtable” at prudence. While in Geneva, free speech and academic Southeastern Association of the University of Maryland he also gave a talk on WTO freedom—to persuade Law Schools Annual Meeting Law School. She was a guest accession law as part of the the George Washington (Boca Raton, FL). on NPR’s Diane Rehm Show WTO Legal Affairs Speakers University not to expel a and on Bloomberg Law Series. Professor Charnovitz, student for merely displaying Naomi Cahn is serving as radio about the issues of Lee Paddock, Daniel I. an ancient Indian symbol Reporter for the Committee unused embryos. Professor Gordon, Fulbright Visiting that is sacred in at least on Fiduciary Access to Cahn was a featured Scholar Joe Oloka Onyango, four major religions. His Digital Assets of the Uniform speaker on the disposi- and Adjunct Professor complaints about the paucity Law Commission. She was tion of digital assets at Charles DiLeva also spoke at of the original proposal the featured speaker on the the Maryland State Bar the World Bank’s Law Justice to settle a class action topic at a D.C. Bar Estates, Association Annual Meeting. and Development Week. against the NFL over Trusts, and Probate Law She chaired the Workshop concussion injuries was luncheon. Professor Cahn on Shifting Foundations: Bradford Clark was part of a one factor in persuading a participated in the AALS ’s Response to panel that included Supreme judge to reject the original Family Law Section program Changing Families at the Court Justice Antonin Scalia settlement and require its and moderated one of the AALS Midyear Meeting. at the AALS 2015 Annual enlargement, which was socio-economics programs Meeting on the role of subsequently adopted. at the AALS 2015 Annual Steven Charnovitz, for the history in federal courts juris- Meeting. She also co-chairs 20th anniversary of the prudence. Professor Clark is Robert Brauneis joined other the Mentoring Committee World Trade Organization also serving as an advisor on copyright experts in February of the AALS Section on (WTO), participated in a the treaties section of the ALI to provide testimony to Women. She spoke to the conference on Trade and Restatement (Fourth) of The the U.S. House National Conference of Sustainable Development. Foreign Relations Law of the Committee for a hearing on Lawyers and Corporate The event looked at the United States.

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Donald Clarke gave a talk dozen forums on a nation- Daniel I. Gordon testified in March on “Local Government wide tour discussing his before the U.S. House of Representatives Financing Vehicles in China book, Berkshire Beyond Committee on Small Business and their Debt: The Legal Buffett: The Enduring Value of Subcommittee on Contracting and Picture” at GW’s Sigur Center Values (Columbia University Workforce Hearing about “reverse and a talk on “Corruption, Press 2014), including panel auctions” where companies submit bids Constitutionalism and discussions at many univer- for government work through a third-party company, Control: Implications of sities, such as Columbia, the 4th Plenum for China Minnesota, Northwestern, FedBid, which collects a fee for each contract awarded. and U.S.-China Relations” Stanford, and Washington at the Woodrow Wilson University in St. Louis. International Center for The tour included several discussion and research on a a panel discussion on the Scholars. Professor Clarke national media appearances, broad range of topics related future of rule 10b-5. In her spoke on “China’s Stealth including on Bloomberg TV to these technologies, role as Co-Chair of the Urban Land Revolution” and Fox Business News. human rights, and interna- DirectWomen Board Institute, at McGill University’s tional law. she organized and hosted a Institution for the Study of Laura Dickinson’s recent three-day program in New International Development. article in the Emory Law Lisa Fairfax was a panelist York for a select group of He gave a paper titled “The Journal assesses the poten- at a Yale Law School sympo- women attorneys. The insti- Bonding Effect in Cross- tial of a new public-private sium on boardroom diver- tute provides training and Listed Chinese Companies: transnational organization sity and a participant at the support aimed at developing Is It Real?” at a conference to regulate private secu- University of Pennsylvania skills and resources neces- in Hong Kong on “Public rity contractors. Professor Law School’s “Corporate sary to become qualified to and Private Enforcement of Dickinson is currently a Roundtable on Shareholder serve as directors on boards Company Law and Securities Future of War Fellow at the Voting and Governance.” She of public companies. Regulation: China and the New America Foundation’s also was a panelist at Harvard World,” co-sponsored by the International Security Law School’s spring reunion Roger A. Fairfax, Jr. hosted Chinese University of Hong Program, where she is symposium, where she spoke a workshop at GW Law on Kong Center for Financial working on a report to assess about the impact of share- reframing public attitudes Regulation and Economic the impact of new military holder activism on corporate toward Development, the University technologies, such as auto- governance. In February, reform. It was co-sponsored of Michigan Law School, and mated weapons, on human Professor Fairfax provided by Harvard Law School’s the University of Michigan rights and humanitarian law expertise at the Securities Charles Hamilton Houston Lieberthal Rogel Center for principles. And as the new and Exchange Commission’s Institute for Race and Chinese Studies. Vice Chair for the American “Proxy Voting Roundtable.” Justice and the FrameWorks Society of International She spoke on SEC enforce- Institute. He participated in a Lawrence A. Cunningham Law interest group on new ment priorities at GW Law’s White House convening on delivered lectures at two technologies, she will foster Center for Law, Economics & the Report of the President’s Finance (C-LEAF) conference Task Force on 21st Century on the Future of Investor Policing. He also moder- Protection. She also spoke ated a panel at GW Law on Theresa Gabaldon testified in May on corporate board diversity the report and a panel at before the U.S. Committee on Financial as part of a plenary panel the NYU Law School Center Services Subcommittee on Capital at the UCLA Law School’s on the Administration of Markets and Government Sponsored Critical Race Studies Annual Criminal Law’s symposium Enterprises during a hearing titled Symposium. In her role on regulatory offenses and “Legislative Proposals to Enhance Capital as Chair of the Securities criminal law. Senior Associate Formation and Reduce Regulatory Burdens.” Regulation Section of AALS, Dean Fairfax participated Professor Fairfax moderated in a Joyce Foundation/

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Orin Kerr was co-counsel to the City of of Nature Academy of University, Thomas More Los Angeles in a Supreme Court case, Environmental Law in School of Law. City of Los Angeles v. Patel, decided in Tarragona, Spain. June, 2015; he spoke at the D.C. Circuit Emily Hammond testi- Court’s annual Circuit Conference; and Phyllis Goldfarb organized fied before Congress at and spoke at a program the hearing “Quadrennial he delivered the keynote address at at GW Law for a delega- Energy Report and Related the Texas Tech Law Review’s annual criminal procedure tion of law professors Discussion Drafts” before symposium. Professor Kerr continues to serve by appoint- and from Armenia the House Committee on ment of Chief Justice Roberts on the Advisory Committee interested in experiential Energy and Commerce, for the Federal Rules of Criminal Procedure. In 2015, Chief education. David Johnson, Subcommittee on Energy Justice Roberts also appointed Professor Kerr to a new Ad Lisa Schenck, and Susan and Power. She also Hoc Committee to Review the Criminal Justice Act. Karamanian also addressed co-authored Amicus Curiae the visitors. Associate Dean Brief of Interested Energy Goldfarb served as the Law Scholars on Behalf of designated commentator Petitioners (FERC v. Elec. Joint Center for Political and related to his work on on a paper presented Power Supply Ass’n) (with Economic Studies convening constitutional geography last fall at the Southern R. Pierce et al.). Associate on gun violence, policing, and participated in the Clinical Conference, held Dean Hammond served and mass incarceration at annual term member confer- at William & Mary Law as a speaker at numerous GW Law and the White ence for the Council on School, Williamsburg, VA. conferences and work- House. He served as an Foreign Relations. As an Editor-in-Chief of the shops on topics related to expert for an ongoing U.S. Clinical Law Review, housed nuclear power, risk percep- Government Accountability Robert Glicksman testified at NYU Law School, Dean tion, electricity markets, Office study of alternatives to in June before two congres- Goldfarb co-organized the and administrative law, incarceration. He participated sional subcommittees on Clinical Writer’s Workshop including the U.S. Women in the Criminal Law Research the EPA’s proposed ozone and facilitated a small in Nuclear Conference; the Collective workshop at . He made three group of scholars sharing law schools of Vanderbilt Columbia Law School and presentations on the EPA’s works-in-progress. University, Arizona State was interviewed on NPR’s proposed Clean Power University, University of Morning Edition, CNN, and Plan to a group of congres- Jeffrey Gutman is repre- Utah, University of Texas, numerous other news outlets sional staffers at the George senting, along with the New University of Vermont, and regarding the events in Mason University School York firm of Neufeld, Scheck George Mason University; Ferguson and Staten Island. of Law and at a conference & Brustin, the first three the ABA Section on Antitrust; sponsored by the ABA’s Washington, D.C., men to the ABA Administrative David Fontana, Rénee Section of Administrative have been exonerated of Law Conference; and the Lettow Lerner, Orin Kerr, and Law and Regulatory Practice. serious crimes based on AALS. She also became an Jeffrey Rosen participated He made presentations on DNA analysis. The clients invited member of the PUC alongside Supreme Court environmental enforcement are bringing civil damages Clean Energy Collaborative Justice Stephen Breyer and at the University of Michigan claims against the district Project and the Harvard- others in the “Conversations Law School, before the after having spent decades in Duke Collaborative on the on the Enduring Legacy of Environmental Council of prison for crimes they did not Evolving Energy Sector the Great ” sympo- the States, and at GW Law’s commit. Professor Gutman and is active as a member- sium at the Library of annual Shapiro Environmental returned this fall from a scholar at the Center for Congress. Professor Fontana Law Conference; and presen- spring 2015 sabbatical Progressive Reform. also presented papers or tations on the Right of Access during which he developed commented on them at to Modern Energy Services and taught a course called Susan Karamanian presented faculty events hosted by at the 12th International U.S. Law and Legal Systems “International Law and the Boston College and UVA Union for the Conservation with the Australian Catholic U.S. Death Penalty” at the

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Scott Pagel served as Chair of the ABA for the Washington Post’s In the past year, Gregory E. Standards Review Committee. Associate Volokh Conspiracy news- Maggs has given lectures Dean Pagel served on the ABA site team letter, titled “The Uncivil addressing various military conducting a sabbatical inspection of the Jury,” posted May 26-29, justice and national security Loyola Law School in Los Angeles. He also 2015. She gave the keynote matters at the Fulton Military speech titled “Ancient Judges Conference, the U.S. served on the Annual Meeting Committee Liberties: Magna Carta and Army Legal Service Agency, planning the 2016 annual meeting of the AALS. Trial by Jury in America” at the U.S. Army War College the 2015 Law Day celebra- Foundation, the Court of tion of the Albuquerque Bar Appeals for the Armed Rajiv Gandhi School of Colloquium (co-sponsored Association. She presented Forces Conference, and the Intellectual by the PTO and GW Law) her paper, “Originalism and U.S. Army Northeast Region at the Indian Institute of and at the Seventh Annual Constitutional Rights to Civil On-Site Legal Training Technology, Kharagpur. She Junior Scholars in Intellectual Jury Trial,” at University of Conference. Professor Maggs also presented a talk at the Property Workshop at San Diego School of Law and former U.S. Attorney University of Delhi Campus Michigan State University. At and the Center for the Study General William Barr, JD ‘77, Law Centre on Advocacy the Fourth Annual Waseda of Constitutional Originalism developed and co-taught Success to more than 180 Global Patent Strategy in April 2015. She spoke a new competitors in the K.K. Luthra Conference in Tokyo, at an international confer- seminar on original meaning Moot Court Competition. Professor Karshtedt served on ence called “Magna Carta research in the spring 2015 Associate Dean Karamanian the panel “How much IP (and 800: A Discussion about the semester. Professor Maggs, a spoke to faculty and students regulatory) protection do life Great Charter,” sponsored Colonel and Military Judge in at Prince Sultan University sciences require? Legal devel- by New York University in the U.S. Army Reserve, Judge and King Saud University in opments and their rationale in April 2015. She presented Advocate General’s Corps, Riyadh, Saudi Arabia, about different key countries.” her research, “The Most was called to active duty in the U.S. legal system and Sacred Ancient Liberty: May and June 2015 to fill legal education. She also Laird Kirkpatrick participated Magna Carta and Trial by a vacancy at the U.S. Army spoke at a conference on in preparation of the 2016 Jury in the New Republic,” Court of Criminal Appeals. the Armenian genocide at Multi-State Bar Examination in a Symposium on Magna The Hague in March and at a meeting of the National Carta: Muse and Mentor at Joan Meier participated in attended the commemora- Conference of Bar Examiners the Library of Congress in a symposium sponsored tion in Yerevan, Armenia. in San Diego in May. December 2014. by the Brandeis University Political Science Department Dmitry Karshtedt presented William E. Kovacic Ira C. Lupu participated in a on the Elonis v. United States “Causal Responsibility and and Steven Schooner House Briefing on religious Supreme Court case, one Patent Infringement” at three presented their research liberty . in which DV LEAP filed a workshops: The Second at The Acquisition and its International IP Workshop Theoretical Foundations for Junior Researchers at Symposium at Cranfield Stephen Saltzburg moderated a panel Waseda University in Tokyo, University, The Defence the Bay Area IP Profs Works- Academy of the United on cyber-breaches in ’ offices in-Progress Workshop at UC Kingdom, in Shrivenham. at the 2014 ABA Criminal Justice Section Berkeley, and the Second Third-year students and Fall CLE. Professor Saltzburg and Senior Annual Junior IP Scholars research assistants Nathaniel Associate Dean Roger A. Fairfax, Jr. partic- Roundtable at Vanderbilt. Castellano and Michael ipated in the CJS Fall Meeting as members He presented “The Margolis also participated. of the section’s Governing Council. Professor Saltzburg and Completeness Requirement Senior Associate Dean Fairfax also participated in the ABA in Patent Law” at the Works in Renée Lettow Lerner wrote Criminal Justice Section Council Spring Meeting. Progress a series of five blog posts

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brief referenced during oral for the D.C. Circuit ruled Michael Selmi delivered a lecture on argument. Professor Meier in favor of the district in contemporary employment discrimina- presented at the Mid-Atlantic June, Mayor Bowser said, tion to the Colorado Bar Association in Child Abuse and Neglect “We are fortunate we could Denver, and he published an article in Annual Conference on “An turn to the most talented Politico on the Justice Department’s Civil Evidence-Based Approach and public-minded lawyers Rights Division. Over the last year, he has to Cross-Allegations of in the country for expert been a regular commentator on Bloomberg Law, most Abuse and Alienation” legal help.” recently on whether Uber drivers should be considered and “Challenges of Child Protection in Custody Sean D. Murphy lectured employees rather than independent contractors, and he Courts” and spoke on on the law of the sea at has commented for Reuters on civil rights investigations “At-Risk Children in the the Université de Paris X into departments. Family Courts” as part of (Ouest–Nanterre La Défense) a panel on Parenting after in France; on international Domestic Violence. law generally at the United Nations Regional Course in Resources and Infrastructure administrative law on the IRS Blake D. Morant was the International Law for Africa Law of the International Bar at Duke University and at the keynote speaker at the at Addis Ababa, Ethiopia, in Association. His chapter University of Minnesota, on Mississippi College School February 2015; and on inter- will focus on Community appropriate rate treatment of Law’s investiture of national dispute settlement at Benefit Agreements for Wind of distributed sources of Wendy Scott as Dean. He the University of Melbourne, Facility Siting. Associate electricity at Northwestern also delivered the Huffman Australia, in March 2015. In Dean Paddock also joined University, on presidential Distinguished Lecture January 2015, he recorded Associate Dean Emily power to take unilateral at Texas Tech University a lecture on “Crimes Against Hammond and Donna actions at the Federalist School of Law and was the Humanity” for the United Attanasio for a panel Society, and on three topics commencement speaker for Nations AudioVisual Library focusing on the evolu- at the fall meeting of the the University of Montana of International Law. He tion of electric utilities at Administrative Law Section of School of Law. Dean Morant attended the May-July 2015 Arizona State University the ABA. was a featured speaker at session of the United Nations Sandra Day O’Connor Law the Law School Admission International Law Commission School as part of the school’s In the past year, Peter Raven- Council Annual Meeting in Geneva, Switzerland. first annual conference on Hansen argued motions and Educational Conference sustainability law. in U.S. District Courts for and at the AALS Midyear Leroy C. Paddock lectured the Eastern District of New Meeting Workshop on Next on hydraulic fracturing at the In June, Richard J. Pierce, Jr. York and the Southern Generation Issues on Sex, University of Oslo and on testified before a joint hearing District of Florida, and the Gender, and the Law. private environmental regula- of the U.S. Senate Committee successful appeal in Weiss v. tion at two separate confer- on the Budget and the National Westminster Bank Alan Morrison helped ences at Erasmus University Committee on Homeland PLC (768 F.3d 202 2014). Washington, D.C., win in Rotterdam. Associate Security and Government In September 2014, a jury budget autonomy this year. Dean Paddock traveled to Affairs on “Accounting for in the Eastern District of Associate Dean Morrison, Bogota, Colombia, to work the True Cost of Regulation: New York returned a liability working with a team from with co-authors of a book Exploring the Possibility of a verdict under the ATA for the Latham & Watkins LLP, on community benefits that Regulatory Budget.” Professor plaintiffs he has represented assisted D.C. Mayor Muriel is forthcoming from Oxford Pierce testified in support of a since 2004 in Linde v. Arab Bowser with a case arguing University Press. The book is regulatory budget that relies Bank PLC. for the to have written by members of the on benefit-cost analysis but budget autonomy from the Academic Advisory Group against a regulatory budget Catherine Ross’ paper federal government. After on Energy for the Section on that relies on cost alone. “What’s Wrong With Political the U.S. Court of Appeals Environment, Energy, Natural He spoke on the effects of Correctness in Schools” was

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presented at the Feminism Initiative; Professor Ralph Steinhardt’s paper, “International and Legal Theory Workshop Schooner also presented Law and the Administrative State,” was on Education, convened by “A Decade of (Ethics) presented at the AALS 2015 Annual Martha Fineman, in Amherst Scandals: A Post-Millennial Meeting. The paper won the call for in April 2015. Her paper, Compliance Sampler” at the papers from the AALS International “Progressive Critiques of Defense Industry Initiative Law Section. Family Law,” was presented on Business Ethics and at the RebLaw Conference at Conduct Best Practices Yale Law School in February Forum; in May, Professor 2015. Professor Ross’ paper, Schooner participated in “Balance of Power Between the World Bank Retreat on contract administration- Clinic successfully repre- Families and Schools,” was Re-Strategizing Tanzania related topics at the sented a client in a federal part of the AALS Conference Procurement Reforms in United Nations Global clemency case. The client’s on the Shifting Foundations Bagamoyo, Tanzania; and Service Centre Contracts sentence was commuted by of Family Law in June he also discussed Emerging Management Conference in President Obama after the 2015. Professor Ross will Issues at the U.S. Air Force’s Entebbe, Uganda; Professor client served more than 20 be spending her 2015-16 Corporate Counsel Day at Schooner made presenta- years in prison on a nonviolent sabbatical at Harvard, as a Wright-Patterson Air Force tions on various public drug offense. She presented Visiting Scholar at the School Base in Dayton, Ohio. In procurement-related topics papers related to her access of Education. April, Professor Schooner at the OECD-IMF CEF to justice research at work- moderated a panel on Workshop on Good Practices shops at Cornell Law School, Joan Schaffner was elected public-procurement perfor- in Modernizing Public the University of Wisconsin to the ABA Tort, Trial, mance measurement at Procurement in Kuwait City, Law School, and the AALS and Insurance Practice the World Bank confer- Kuwait; and he discussed Annual Conference on Clinical Section Council. ence “From Procurement to “Public Procurement Insights Legal Education. Results: Value for Money, and Mega Trends” at the Naomi Schoenbaum Accountability, Participation” Institute for Competition Dinah Shelton hosted a presented her paper, in Manila, Philippines; and Procurement Studies’s training session on inter- “Coworkers in Law,” at the he discussed emerging Procurement Week 2014 national law for lawyers AALS Midyear Meeting on issues at the Army Judge at Bangor University in from the CARICOM coun- Family Law and her work on Advocate General School’s Cardiff, Wales. tries in the Organization of the regulation of emerging Contract and Fiscal Law American States. adulthood at the Emerging New Developments Course Joshua Schwartz and Jessica Family Law Scholars and in Charlottesville, Va; he Tillipman hosted a panel Peter Smith moderated a Teachers Conference. She made a number of presenta- at the Court of Federal panel (which included a D.C. also spoke to the D.C. tions at the Joint WTO-Arab Claims Judicial Conference Circuit judge and a former Women’s Bar Association on Monetary Fund Regional on the year’s develop- General) at a Library the Young v. United Parcel Workshop on Government ments in decisions of the of Congress event commem- Service pregnancy discrimi- Procurement for Arab and Supreme Court and the orating the 100th anniversary nation case before the Middle East Countries, in Abu Federal Circuit. Professors of the Annotated, Supreme Court. Dhabi, United Arab Emirates; Schwartz and Tillipman also a publication commissioned Professor Schooner discussed joined Steven Schooner by Congress to provide In June, Steven Schooner “Current Developments and Christopher Yukins as guidance to Congress and and Joshua Schwartz in U.S. Procurement Law” participants in the 2015 the public about constitu- trained Romanian procure- at the Europe Meets U.S. University of Nottingham tional law. Professor Jeffrey ment officials in Bucharest Symposium at the Ludwig- Procurement Conference. Rosen interviewed Justice as part of the U.S. Trade Maximilians-Universitat Ginsburg for the keynote and Development Agency’s Munchen in Munich, Jessica Steinberg and the session. Professor Smith also Global Procurement Germany; he discussed Neighborhood Law and Policy presented a paper, “The

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Emily Hammond became Chair-Elect Following the Rome. He also moderated of the AALS Section on Administrative Paroline Decision.” a program at GW Law that Law. She was named the Distinguished addressed opening public Young Environmental Scholar of 2015 Robert Tuttle and Ira C. Lupu procurement markets in by the University of Utah College of Law. discussed their book, Secular Brazil and featured experts Government, Religious that included Brazilian attor- Her article, “Administrative Proxies for People, in June at the neys, the former lead nego- : Building Legitimacy from the Inside-Out” Berkley Center for Religion, tiator for the USTR, and the in the Harvard Environmental Law Review (with D. Markell), Peace, and World Affairs senior WTO procurement was selected as one of the top 10 environmental law at Georgetown University official (via live videoconfer- articles for 2014. She was awarded a University Seminar Law Center. ence feed from Geneva). Series grant with co-chair A. Macfarlane for their Cross- Disciplinary Collaborative on Nuclear Energy and Arthur Wilmarth gave a Stakeholder Engagement. paper, “A Two-Tiered System AWARDS/HONORS of Regulation is Needed to Preserve the Viability John F. Banzhaf III was of Community Banks chosen to present a legal and Reduce the Risks of paper at the XXXIVth Return of Lochner,” at St. symposium at the University Megabanks,” at the Federal International Congress of Louis University Law School. of Houston. Reserve Bank of St. Louis Law and Mental Health in The paper is co-authored conference on “Community Vienna, Austria. He was by Associate Dean Roger H. Trangsrud, Director Banking in the 21st Century.” honored as the law professor Thomas Colby. of GW Law’s James F. He spoke at conferences on who might have saved more Humphreys Center for the financial regulation hosted lives than any doctor in Ken Daniel Solove gave a Study of Complex Litigation, by the Federal Reserve Burns’ PBS documentary keynote about HIPAA at a hosted a roundtable on Bank of St. Louis and GW about cancer. conference sponsored by the April 8 to discuss proposed and also participated as a HHS Office for Civil Rights changes to the federal class faculty commentator for Tom Buergenthal was and NIST. Professor Solove action rule as to the appro- GW’s Massive Open Online appointed by the German recently spoke at the PCLOB. priate procedure to be Course on “The Past, Present, foreign minister to serve on He serves as a Co-Reporter followed in certifying settle- and Future of the Federal the 15-member Advisory of the ALI’s Restatement of ment class actions. More than Reserve,” which commemo- Council (Kuratorium) of the Data Privacy Principles and 20 leading federal judges, rated the centennial of the newly created International recently released a revised plaintiff and defense lawyers, Federal Reserve System. Academy for the Promotion draft of the document. and professors participated in of the Nuremberg Principles. the roundtable. Christopher Yukins and The academy was formally Sonia Suter was invited to be his co-editor Gabriella established by means of one of the ethics consultants In January, Jonathan Turley Racca (University of Turin) an agreement between the for the Data Coordinating testified before the U.S. co-presented at Sciences German federal govern- Center's new initiative Senate Judiciary Committee Po in Paris on their new ment, the State of Bavaria, Sudden Death in the Young during confirmation hearings book on anti-corruption and the City of Nuremberg (SDY) Registry, which is on the nomination of Loretta in procurement. Professor to promote international funded by the U.S. Centers Lynch for U.S. Attorney Yukins also attended the criminal law and human for Disease Control in part- General and, in March, before European University Institute rights. Judge Buergenthal nership with the National the House Subcommittee conference on international also received the Roca Institutes of Health. She also on Crime, Terrorism, and procurement regulation near Junyent Award for Justice presented a paper, “Genomic Homeland Security of the Florence and co-chaired and Social Responsibility Medicine: New Norms for Committee on the Judiciary sessions at the National in Barcelona, Spain, for his Genetic Information,” at a on “Child Exploitation School of Administration in contributions to the rule

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Alfreda Robinson received the Management: Protecting Vice-President of the National Bar Association Presidential Ecological Integrity and American Society of Award for Outstanding Service as Preserving Environmental International Law. Principal,” 44 Tulsa L. Rev. Chair of the Military Awards Luncheon. 147 (2008). Jeffrey Rosen was elected She was also presented with the the a Member of the American National Bar Association Outstanding Orin Kerr was named one Law Institute and named Division of the Year Award. of the “FastCase 50,” a list as Associate Reporter to its of the “Top 50 Innovators, Principles of the Law, Police Visionaries, and Leaders Investigation Project. in Law.” Professor Kerr was of law and protection awards, including the ranked No. 37 in a list of In December, Stephen of human rights. Judge George R. Terry Book the most influential legal Saltzburg received the ABA Buergenthal received the Award of the American scholars in the United States Criminal Justice Section’s Elie Wiesel Award at the Academy of Management compiled by HeinOnline. inaugural Raeder-Taslitz United States Holocaust and The Annual McKinsey/ Award, given to a law Memorial Museum 2015 Financial Times Book Gregory Maggs was professor whose excellence National Tribute Dinner. Award, and was widely and presented with the 2015 in scholarship, teaching, well reviewed, including VALOR Excellence Award, or community service has Naomi Cahn’s book, in The Economist, The given to GW community made a significant contribu- Marriage Markets: How Financial Times, The Times members who demonstrate tion to promoting public Inequality is Remaking of London, and The Wall excellence in learning and understanding of criminal the American Family Street Journal. The book service to the benefit of justice, justice, and fair- (co-authored with June appeared on several best- student military members, ness in the criminal justice Carbone), was selected seller lists, including the veterans, and their families. system, or to best prac- by Newsweek as a favorite No. 10 spot on Library tices on the part of lawyers book of 2014. The book Journal best-selling Blake D. Morant was and judges. In June at the was also recognized as Business and Economics honored by National American Bar Association a “Book of the Year” by titles for the 2014-15 Jurist as one of the “Most Board of Governors Dinner, The Economist and was academic year, alongside Influential People in Legal ABA President William discussed by Pulitzer books by Martin Wolf, Peter Education.” In May, Lawyers Hubbard presented Prize winner David Cay Temin, and James Grant. of Color published its fourth Professor Saltzburg with a Johnston in Al Jazeera annual “Power List Issue”—a Presidential Citation. America. Professor Cahn’s Robert Glicksman’s catalog of the nation’s most article, “Digital Planning,” scholarship was cited in influential minority attorneys Lisa Schenck was presented won the 2014 Excellence several court decisions. and non-minority legal diver- this spring with GW’s Robert in Writing Award from Biodiversity Conservation sity advocates, including A. Chernak Spark a Life Award the ABA Section of Alliance v. U.S. Forest corporate general counsel, for GW Staff Member of the Real Property, Trust and Service, 765 F.3d 1264 law firm managing part- Year. The award is granted Law’s Probate & (10th Cir. 2014), and ners, law school deans, and annually to a staff member Property magazine. WildEarth Guardians v. government attorneys. The who has significantly affected U.S. Forest Service, 2015 issue featured nine promi- the holistic development of a Lawrence A. Cunningham’s WL 3824898 (9th Cir. nent members of the GW student or student organiza- latest book, Berkshire 2015), cited his treatise Law community, including tion, thus causing a “spark” of Beyond Buffett: The Public Natural Resources Dean Morant and Professor inspiration. The Military Law Enduring Value of Values Law (Westlaw 2d ed.). Spencer Overton. Society members nominated (Columbia University King v. Appleton, 61 Associate Dean Schenck for Press 2014), won or was V.I. 339 (2014) cited In April 2015, Sean D. her extensive support of their nominated for numerous “Sustainable Federal Land Murphy was elected and other students’ activities.

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