20 21 yale law report summer 2011 faculty activities

Bruce Ackerman • The Interview: on the Decline and lectures and addresses Fall of the American Republic, France 24 (television), • Roberts Lecture, University of Pennsylvania, 2011 Dec. 6, 2010, available at http://videonewslive.com/ publications view/514603/the_interview_bruce_ackerman_ster- • Limited War and the Constitution (with O. Hathaway), ling_professor_of_law_and_political_science_at_yale_ 109 Mich. L. Rev. 447 (2011) university • The Clock is Ticking on Obama’s War (with O. • Decline and Fall of the American Republic: Six Questions Hathaway), Foreign Policy, Apr. 6, 2011, available at for Bruce Ackerman, Scott Horton, Harper’s Magazine, Bruce Ackerman http://www.foreignpolicy.com/articles/2011/04/06/ Nov. 23, 2010, available at http://harpers.org/ the_constitutional_clock_is_ticking_on_obamas_war archive/2010/11/hbc-90007818 • Obama’s Unconstitutional War, Foreign Policy, Mar. • Obama contra-ataca, Diario de Noticias, Nov. 17, 2010, 24, 2011, available at http://www.foreignpolicy.com/ available at http://dn.sapo.pt/inicio/opiniao/interior. articles/2011/03/24/obama_s_unconstitutional_war aspx?content_id=1712645 • It’s Not Up to the President to Impose a No Fly Zone • Is the Lame-duck Congress Constitutional?, Wash. Over Libya, Huffington Post, Mar. 9, 2011, available at Post, Nov. 12, 2010, available at http://www.wash- http://www.huffingtonpost.com/bruce-ackerman/ ingtonpost.com/wp-dyn/content/article/2010/11/11/ no-fly-zone-libya_b_833426.html AR2010111106075.html Ian Ayres • Parliament to the Rescue, Foreign Policy, Mar. 1, 2011, • The Dangers of an Imperial Presidency, L.A. Times, available at http://www.foreignpolicy.com/arti- Nov. 4, 2010, available at http://www.latimes.com/ cles/2011/03/01/parliament_to_the_rescue news/opinion/commentary/la-oe-ackerman-presi- • Did Congress Approve America’s Longest War? (with O. dent-20101107,0,4102385.story Hathaway), The Guardian, Jan. 23, 2011, available at Other Professional Highlights http://www.guardian.co.uk/commentisfree/cifamer- • Named One of Top 100 Global Thinkers of 2010, ica/2011/jan/27/afghanistan-congress Foreign Policy Magazine • Obama Contre-Attaque, Le Monde, Jan. 11, 2011, available at http: www. lemonde. fr/idees/article/ Ian Ayres 2011/01/11/obama-contre-attaque_1463605_3232.html lectures and addresses • Obama Contraataca, El Pais, Jan. 7, 2011, available at • University of Illinois, “Very Like A Law Professor,” Oct. http://www.elpais.com/articulo/opinion/Obama/ 29, 2010 contraataca/elpepuopi/20110107elpepiopi_5/Tes • Inside ETF Conference, “Lifecycle Investing,” Feb. 11, • Filibuster Reform Both Parties Could Agree On, 2011 Wall St. J., Jan. 4, 2011, available at http://online. • Columbia Law School, “Compensating Commitments,” wsj.com/article/SB10001424052970203731004 Feb. 21, 2011 576045660871279874.html?mod=googlenews_ • Behavioral Insight Team, 10 Downing Street, “Tailoring wsj#articleTabs%3Darticle Layers of Accountabilities to Improve Government • The Ultra-Imperial Presidency, Miller-McCune Incentives,” Feb. 24, 2011 Magazine, Dec. 16, 2010, available at http://www. • Royal Society for the Encouragement of Arts, miller-mccune.com/politics/the-ultra-imperial-presi- Manufactures and Commerce, “Understanding dency-25965/ Carrots and Sticks,” Feb. 24, 2011 • Charging Julian Assange Could Be Unconstitutional publications (with S. Aronchick Solow), The Guardian, Dec. 10, 2010, • The $500 Diet: Weight Loss for People Who Are available at http://www.guardian.co.uk/commentis- Committed to Change (Kindle Select, 2011) free/cifamerica/2010/dec/10/julian-assange-wikileaks • Randomizing Law, 159 U. Pa. L. Rev. 929 (2011) (with M. Abramowicz & Y. Listokin)

faculty activities

Jack M. Balkin Guido Calabresi lectures and addresses lectures and addresses • Conference on Living Originalism, Champaign-Urbana, • Attended XXIII International Conference, “Giordano Illinois, “Living Originalism,” Apr. 8, 2011 Dell’amore” Observatory on the Relations Between • , Federalist Society Chapter, Discussion Law and Economics, Fondazaione Cariplo, on “The with Jack Goldsmith, “Cybersecurity Policy,” Apr. 5, 2011 Effects of New Communication Technologies Upon • 20th Annual Hugo Black Lecture, Wesleyan University, Information”; gave “Conclusions” to same, Milan, Italy Middletown, CT, “The First Amendment is an Oct. 23, 2010 Jack M. Balkin Information Policy,” Mar. 23, 2011 • Delivered Lecture, “Sul filo della memoria: Renata e • Pepperdine University, Malibu, CA, 11th Annual Wm. Massimo Calabresi dall’antifascismo all’esilio politico Matthew Byrne, Jr. Judicial Clerkship Institute Lecture, e razziale,” to the Faculty of Psychology, University of “The Individual Healthcare Mandate,” Mar. 18, 2011 Florence, Florence, Italy, Oct. 26, 2010 • University of California at Los Angeles, American • Panelist, Long-Term Investors Club Conference, Constitution Society Chapter, “The Constitutionality Toward a Sustainable Future: The Role of Long-term of Health Reform,” Mar. 17, 2011 Investment, and spoke on “Why Markets Need • Gilbert Lecture, Swarthmore College, Swarthmore, PA, Governments,” Venice, Italy, Oct. 28, 2010 “The Constitutional Struggle over Health Care Reform,” • Participated in Aspen Seminars for Leaders, Aspen Robert A. Burt Nov. 18, 2010 Institute Italia Conference, “Culture, Leadership, • Yale Law School, Federalist Society Chapter, Responsibility,” Cernobbio (Villa d’Este), Italy, Nov. 5–7, Debate with Missouri Lt. Gov. Peter Kinder on the 2010 Constitutionality of Health Care Reform, Nov. 8, 2010 • Participated in Morris Tyler Moot Court Competition, • Harvard University, American Constitution Society Yale Law School, with Chief Judge Dennis Jacobs of Chapter, “The Constitution and the 2010 Election,” the Second Circuit, and Judge Merrick Garland of the Nov. 4, 2010 District of Columbia Circuit, in Ashcroft v. Al-Kidd, publications Dec. 6. 2011 • The Reconstruction Power, 85 N.Y.U. L. Rev. 1801 (2011) • Delivered lecture, “Capital Punishment, The Judge Guido Calabresi • Blinkered to Reality, N.Y. Times, Dec. 13, 2010 and the Unjust Law” (“La pena di morte, il giudice e la legge ingiusta”), Accademia Nazionale dei Lincei, Robert A. Burt Rome, Italy, Jan. 20, 2011 lectures and addresses • Attended Scuola Normale Superiore, in Celebration • Mishkan Israel Congregation, Hamden, CT, of the Publication of the Dizionario Storico “What Does It Mean to Be A Jewish Justice Today?,” Dell’Inquisizione, and spoke on the utility of such a Feb. 13, 2001 dictionary for jurists, Pisa, Italy, Mar. 4, 2011 • Brigham Young University Law School, “Two Styles of • Participated in Aspen Seminars for Leaders, Aspen Legal Authority in the Bible,” Mar. 15, 2011 Institute Italia Conference, “I protagonisti italiani nel • Slifka Center for Jewish Life at Yale, “Freedom From/ mondo,” Cernobbio (villa d’Este), Italy, Mar. 11-12, 2011 Freedom For,” Apr. 12, 2011 publications • Institute for Learning in Retirement at Albertus • The Costs of Class Actions: Allocation and Collective Magnus College, “How to Understand the Same-Sex Redress in the U.S. Experience (with K. Schwartz), 31 Eur. Marriage Dispute,” Apr. 25, 2011 J. Law & Econ. (Online First, Mar. 11, 2011) publications other professional highlights • Ruling Could Backfire on Health-Care Critics: A Step • Recipient (in absentia) of: The William L. Prosser Award, Closer to Much Feared ‘Socialized Medicine’, Phila. presented by the Torts and Compensation Systems Inquirer, Dec. 29, 2010 (with T. R. Marmor) Section of the American Association of Law Schools • Freud in Contexts: Book Review of The Jewish World (AALS) 2011 Annual Meeting, “Core Educational Values,” of Sigmund Freud (A. D. Richards ed., 2010), 58 J. Am. in recognition of “…outstanding contributions of law Psychoanalytic Assoc. 1215 (2010) teachers in scholarship, teaching, and service in … torts and compensation systems…,” San Francisco, CA, Jan. 8, 2011 22 23 yale law report summer 2011

Amy Chua publications lectures and addresses • Representing Justice: Invention, Controversy, and • Global Agenda Council Members, World Economic Rights in City-States and Democratic Courtrooms, Forum, Davos, Switzerland, “The Shift of Paradigms Press, 2011 (with Judith Resnik) from East to West,” with former Harvard president • Object Lesson: On and Off Her Pedestal, Yale Alumni Larry Summers, Jan. 26, 2011 Magazine (Nov./Dec. 2010) (with Judith Resnik) • Morningstar Ibbotsen Conference, Orlando, FL, • Designing Justice, LA Daily Journal (Jan. 21, 2011) (with “Day of Empire: How Hyperpowers Rise to Global Judith Resnik) Dominance—and Why They Fall,” Mar. 3, 2011 • What Does Justice Look Like?, Jan. 21, 2011, Slate, avail- Amy Chua • Women of the World (WOW) Summit, New York City, able at http://www.slate.com/id/2281277/ (with “China: What Women Want,” Mar. 11, 2011 Judith Resnik) publications • From Fool’s Blindfolded to the Veil of Ignorance, Yale • Battle Hymn of the Tiger Mother (Penguin Press, Law Report (Winter 2011) (with Judith Resnik) 2011) • The Changing Face of Justice: The Visual Vocabulary of other professional highlights Courts is a Transnational Symbol of Government, Mar. • Numerous appearances on television and radio broad- 24, 2011, Guardian, available at http://www.guardian. casts to discuss Battle Hymn of the Tiger Mother, co.uk/law/2011/mar/24/changing-face-justice-judith- including Charlie Rose, The Colbert Report, and BBC resnik (with Judith Resnik) Jules L. Coleman Hard Talk Mirjan R. Damasˇka Jules L. Coleman publications lectures and addresses • The Competing Visions of Fairness: The Basic Choice • Culverhouse Lecture, Stetson Law School, “Two Views for International Criminal Tribunals, 36 N.C. J. Int’l L. & of Legal Theory” Com. Reg., 365–381 (2011) publications • The New Croatian Evidence Law in Comparative • The Place of Justice in Tort Law (ARA Editores, 2011) Perspective, 16 Croatian Ann. Crim. L. & Prac., 821–837 other professional highlights (2010) Dennis E. Curtis • Culverhouse Distinguished Professor, Stetson Law other professional highlights School • Memorandum of reply to counterclaim in the case Croatia v. Serbia before the International Court of Dennis E. Curtis Justice, Dec. 2010 lectures and addresses • Speaker: “Inventing Democratic Courts,” Yale Law Drew S. Days III School Dinner, The Association of American Law lectures and addresses Schools, San Francisco, CA, Jan. 5, 2011 (with Judith • Inaugural Lecture of The Elihu Root Society of Resnik) Hamilton College, NY, Oct. 20, 2010 • Speaker, Representing Justice, University College • Panelist, “Hot Topics Before the New Court,” American Mirjan R. Dama˘kas London, Faculty of Law, London, UK, Jan. 19, 2011 (with Academy of Appellate Lawyers, Washington, DC, Judith Resnik) Nov. 8, 2010 • Speaker: “Representing Justice: Invention, Controversy, • “Carter, Clinton and Civil Rights,” The Whitney Center, and Rights in City-States and Democratic Courtrooms,” Hamden, CT, Feb. 7, 2011 American Philosophical Society Library Lecture Series, Benjamin Franklin Hall, Philadelphia, PA, Jan. 28, 2011 Steven B. Duke (with Judith Resnik) lectures and addresses • Speaker: “Representing and Contesting Ideologies • Lewis and Clark College Conference on International of the Public Sphere, Symposium sponsored by the Affairs, “The Role of Drug Prohibition in International Drew S. Days III Yale Journal of Law and Humanities and the Whitney Criminal Organizations,” Apr. 5, 2011 Humanities Center,” New Haven, CT, Feb. 3, 2011 (with Judith Resnik) • Lecturer: “The Future of Judges and Courts—The­ Decline of Public Justice: Does it Matter?,” University College of London, London, UK, Mar. 14, 2011 (with Judith Resnik)

Steven B. Duke faculty activities

Robert C. Ellickson Daniel C. Esty lectures and addresses lectures and addresses • Yale Law School Alumni Association, Constitutional • Corporate Responsibility Officer Summit, Chicago, Law Breakfast, New York, “Regulating Institutions: IL, “Green to Gold: Secrets to Creating Sustainable The Downtown Mosque” Competitive Advantage” • UCLA Law School, Friday Faculty Colloquium, Los • Coalition for Green Capital, Washington, DC, “Clean Angeles, CA, “Legal Sources of Residential Lock-Ins: Energy Investment” Why French Households Move Half as Often as • Environmental Protection Agency, Washington, DC, Robert C. Ellickson American Households” Administrator’s 40th Anniversary Speaker Series, • Conference on Empirical Legal Studies, New Haven, “Green to Gold: The Next Generation of Environmental CT, Chair of Session on Property and Commentator on Protection” Bernadette Atuahene, “Where Did the Money Go? Did • Connecticut League of Conservation Voters Education the Financial Awards Distributed by the South African Fund, Hartford, CT, Keynote at the 11th Annual Land Restitution Program Contribute to Economic Environmental Summit, “Green to Gold” Development?” • Northeast Sustainable Communities Workshop, • Yale Law School, Debating Law and Religion Series, Bridgeport, CT, “What Does the Future Hold?” “Sacred Land: The Functional and Symbolic Dimensions • Naugatuck River Forum, Waterbury, CT, “DEEP Strategy” of the Ground Zero ‘Mosque’ Controversy” • Financial Times Sustainable Investment Conference, William N. Eskridge, Jr. • Whitney Center, Hamden, CT, “Did Mayor Richard Lee’s New York, NY, “The Business Case for Sustainability” Urban Renewal Program Help New Haven?” publications • Yale Law School, Annual Comparative Law Workshop, • The Green to Gold Business Playbook: How to Commentator on Monica Eppinger, “Unravelling the Implement Sustainability Practices for Bottom- Illiberal Commons: On Property, Personhood, and the Line Results in Every Business Function (with P.J. New Objectivity” Simmons), 2011 other professional highlights William N. Eskridge, Jr. • Appointed by Governor Malloy to serve as lectures and addresses Commissioner of the Connecticut Department of Daniel C. Esty • The Seegers Lecture in Jurisprudence, Valparaiso Environmental Protection (DEP) University School of Law, “Six Myths That Confuse the Gay Marriage Debate,” Nov. 18, 2010 Owen M. Fiss • Conference on Eskridge and lectures and addresses Ferejohn’s Republic of Statutes (2010), Yale Law • Leary Lecture, University of Utah, “Failing the School, Dec. 10–11, 2010 Constitution,” Oct. 26, 2010 • The Hager Lecture, University of Tulsa School of Law, • University of Miami, “Law and Terrorism,” Feb. 17, 2011 “New Tensions Between Equality for Women and Gays • Adams Lecture, Temple University, “The World We Live and Liberty for Traditionalists,” Jan. 20, 2011 In,” Mar. 1, 2011 • Scarpa Conference on Eskridge and Ferejohn’s • Legal Scholarship Symposium, University of Tulsa, Owen M. Fiss Republic of Statutes (2010), Villanova University “Aberrations No More,” Mar. 25, 2011 School of Law, Feb. 11, 2011 • Loyola Law School, Chicago, “The World We Live In,” • The Coen Lecture, University of Colorado School of Law, Apr. 14, 2011 “Discrimination to Protect Liberty,” Mar. 16, 2011 publications • Co-Sponsor (with Abbe Gluck) of Roundtable • Timeless Truths, in Transformations in American Conference on Legislation and Statutory Legal History, D. Hamilton & A. Brophy ed., Harvard Interpretation, Columbia University School of Law, University Press, 2010, p. 400 April 8, 2011 • Encarcelamiento sin juicio, El Cronista, Portal Derecho, publications Madrid, Jan. 17, 2011, p. 16; Inseguridad, democracia • Noah’s Curse: How Religion Often Conflates Status, y derecho, Seminario en Latinoamérica de teoría Belief, and Conduct to Resist Antidiscrimination Norms, constitucional y política, Libraria, Buenos Aires, 2011, 45 Ga. L. Rev. 657 (2011) p. 208 • Is Political Powerlessness a Requirement for Heightened other professional highlights Equal Protection Scrutiny?, 50 Washburn L.J. 1 (2011) • Co-director of the Middle East Legal Studies Seminar • Chevron as a Canon, Not a Precedent: An Empirical (MELSS) Study of What Motivates Justices in Agency Deference • Co-director of Seminario en Latinoamérica de Teoría Cases, 110 Colum. L. Rev. 1727 (2010) (co-authored with Constitucional y Política (SELA) C. N. Raso)

24 25 yale law report summer 2011

• Member of Advisory Selection Committee, Fellowship Robert W. Gordon Program, Open Society Institute, NYC lectures and addresses • Chair, Board of Directors, Iran Human Rights • Conference on Law, History And Memory, Univ. of Documentation Center, New Haven, CT Southern Calif. Law School, “Can’t We—Finally— • Advisor, Iraqi Refugee Assistance Project, NYC Dispense with Originalism?,” Feb. 2011 • Cornell Law School, “Comment: Brad Wendel’s Legal Heather K. Gerken Ethics,” Dec. 2010 lectures and addresses • University of Michigan Law School, Paper on “Critical • Voting Rights Panel, Department of Justice 2011 Civil Legal Histories Revisited,” Dec. 2010 Heather K. Gerken Rights Conference for the District of Connecticut, • University of Toronto Faculty of Law, March 2011 Quinnipiac Law School, Mar. 2011 publications • “Federalism All the Way Down,” Duke Law School, • Edited Book: Law Society and History: Essays on Mar. 2011 Themes in the Work of Lawrence M. Friedman (with • “Exit, Voice, and Disloyalty,” Faculty Workshop, UNC M. J. Horwitz) (Cambridge Univ. Press, 2011) Law School, Mar. 2011 • Method and Politics: Morton Horwitz on Lawyers’ Uses • “Exit, Voice, and Disloyalty,” Legal Theory Workshop, of History, in Transformation in American Legal Penn Law School, Feb. 2011 History: Essays In Honor of Morton J. Horwitz (D. • “Federalism All The Way Down,” Conference on Hamilton & A. Brophy eds.) (Harvard Univ. Press, 2010) Robert W. Gordon Federalism and its Future, University of Texas Law • Are Lawyers Friends of Democracy?, in The Paradox School, Feb. 2011 of Professionalism: Lawyers and the Possibility of • “Voice, Exit, and Disloyalty,” Workshop on Law and Justice (Scott L. Cummings ed., Oxford U.P., 2011) Social Policy, Harvard Law School, Feb. 2011 • Review Essay on Melvin I. Urofsky, Louis D. Brandeis, 60 • “Shortcuts to Reform,” Funders’ Committee for Civic J. Legal Educ. 549-63 (2011) Participation, Pew Foundation, Washington, DC, Dec. 2010 Henry Hansmann • “Beyond Voice and Exit,” Inequality Seminar, Harvard lectures and addresses University, Nov. 2010 • Annual Meeting of the American Law and Henry Hansmann • “The Foreword: Federalism All The Way Down,” Economics Association, Princeton, presented paper Harvard Law Review Supreme Court Forum, Harvard on “Regulatory Dualism as a Development Strategy: Law School, Nov. 2010 Corporate Reform in Brazil, the United States, and the • Keynote Address, “The Future of Campaign Finance European Union” (co-authored by R. Gilson and Reform After Citizens United,” Symposium—An M. Pargendler), May 7, 2010 Intersection of Laws: Citizens United v. FEC, Georgia • Conference on Firm Governance Law in History, Tel State Law School, Nov. 2010 Aviv, presented Paper on “Voting Restrictions in • “A New Take on Voice and Exit in Federalism Debates,” 19th Century Corporations: Investor Protection or James Gould Cutler Memorial Lecture, William & Mary Consumer Protection?” (with M. Pargendler), Jun. 14, Law School, Oct. 2010 2010 publications • First Annual Meeting of the Spanish Society for Law • The Foreword: Federalism All the Way Down, 124 Harv. and Economics, Madrid, gave Keynote Lecture on L. Rev. 4 (2010) “Regulatory Dualism,” Jul. 1, 2010 • Judge Stories: Clerking for Judge Reinhardt, 120 Yale L.J. • Paduano Seminar, Stern School of Business, NYU, 529 (2010) “Why Do Universities Have Endowments?,” Oct. 22, • The Institutional Turn in Election Law Scholarship (with 2010 M. Kang), in Race, Reform, and Regulation of the • Workshop on Corporate Governance, Copenhagen Electoral Process: Recurring Puzzles in American Business School, June 18, 2010, and Conference on Democracy (Gerken, Charles & Kang eds., 2010) Empirical Legal Studies, Yale Law School, November • Keynote Address, What Election Law Has to Say to 5, 2010: presented paper on “Virtual Ownership and Constitutional Law, 44 Ind. L. Rev. 7 (2010) Managerial Distance: The Governance of Industrial • Coloring Inside the Lines, Slate (Nov. 10, 2010) Foundations” (co-authored by S. Thomsen) other professional highlights • NBER Meeting on Organizational Economics, • Selected to be featured in a Harvard University Cambridge, MA, presented paper on “A Nexus of Press book describing the “Best Law Teachers” in the Contracts Theory of Legal Entities” (co-authored by country K. Ayotte), Dec. 11, 2010 faculty activities

publications • Did Congress Approve America’s Longest War?, • Regulatory Dualism as a Development Strategy: The Guardian, Jan. 27, 2011 (with B. Ackerman) Corporate Reform in Brazil, the United States, and the • Limited War and the Constitution, Mich. L. Rev. (2011) European Union, 63 Stanford L. Rev. 475–537 (2011) (with B. Ackerman) (with R. Gilson and M. Pargendler) • The Case for Promoting Democracy Through Export • The Contractualization of Organizational Law, in Control, Harv. J. L. & Pub. Pol’y 17 (2010) Stefan Grundmann, et al. (eds.), Festschrift für Klaus other professional highlights J. Hopt zum 70 Geburtstag: Unternehmen, Markt • Appointed Professor (by courtesy), Yale University Oona A. Hathaway und Verantwortung, Vol 1, 747–764 (2010) (with R. Department of Political Science Kraakman) • Appointed Member, Council on Foreign Relations • The Economics of Nonprofit Organizations, Klaus Hopt • Appointed Fellow, Berkeley College, Yale University and Thomas Hippel eds., Comparative Corporate Governance of Non-Profit Organizations 60–72 Paul W. Kahn (Cambridge U. P., 2010) lectures and addresses other professional highlights • The Enduring Legacy of Just and Unjust Wars—35 • Joined scientific board of Journal of Entrepreneurial Years Later, NYU Law School, “Just and Unjust Wars: and Organizational Diversity, Jan. 2011 Drones and the Law of War” Paul W. Kahn • Joined scientific advisory board of Dovenschmidt • The Body and the State: How the State Controls and Quarterly, Apr. 2011 Protects the Body, The Center for Public Scholarship at The New School, “Torture and the Dream of Reason” Oona A. Hathaway • Haverford College, “Love and Politics: What Political lectures and addresses Theory can Learn from the Movies” * Columbia Law School Legal Theory Workshop, New • Victoria Colloquium Series, University of Victoria, York, “Outcasting” (with S. Shapiro), Apr. 2011 “Love, Innocence and the State” • American Bar Association, Ratification of the • IILJ Colloquium, NYU Law School, “Imagining Warfare” Convention on the Elimination of all Forms of • Harvard Law School, “Sacred Violence” Douglas Kysar Discrimination Against Women: Politics, Principles, or publications Treaty Phobia?, Washington D.C., Apr. 2011 • Criminal and Enemy in the Political Imagination 99, • International Law/International Relations Stocktaking The Yale Review, Issue 1, pages 148–167, January 2011, Conference, University of Pennsylvania School of Law, available at http://onlinelibrary.wiley.com/doi/10.1111/ “The Realist Tradition,” Apr. 2011 j.1467-9736.2011.00695.x/pdf • American Constitution Society, Yale Law School, dis- • Political Theology: Four New Chapters on the cussion with Lawrence Korb, senior fellow at the Concept of Sovereignty (Columbia University Press, Center for American Progress, “U.S. Use of Drones in 2011) the War on Terror,” Mar. 29, 2011 • The Separation of Powers: Theory, Development, and Douglas Kysar Applications, Notre Dame Law School, South Bend, lectures and addresses Indiana, “Democracy in the Balance: Strengthening • Panelist, “STS and Law: Reframing Rights,” Science Accountability in International Lawmaking,” Mar. 2011 and Technology Studies: The Next Twenty, Harvard • Advisory Committee of International Law, U.S. University, Cambridge, MA, Apr. 8, 2011 Department of State, Washington, DC, “Is the 2001 • “What Climate Change Can Do About Tort Law,” Loyola AUMF enough to support current U.S. military and University New Orleans College of Law, New Orleans, detention activities?,” Dec. 2010 LA, Mar. 10, 2011 • New York University Law School International • “Regulating from Nowhere: Environmental Law Law Workshop, New York, NY, “Outcasting” (with S. and the Search for Objectivity,” Carleton University, Shapiro), Nov. 2010 Ottawa, Ontario, Mar. 1, 2011 • Foreign Relations Law Workshop, Duke Law School, • “Regulating from Nowhere: Environmental Law and “Limited War and the Constitution,” Nov. 2010 the Search for Objectivity,” Environmental Law and publications Policy Program Lecture Series, University of Michigan • The Clock is Ticking on Obama’s War, Foreign Policy, Law School, Ann Arbor, Michigan, Feb. 9, 2011 Apr. 6, 2011 (with B. Ackerman) • Panelist, “Corporations and Consumers,” Corporations • It’s Not Up to the President to Impose a No-Fly Zone as Progressive Actors Conference, New York University Over Libya, Huffington Post, Mar. 9, 2011 (with Law School, New York, NY, Feb. 4, 2011 B. Ackerman) • “What Climate Change Can Do About Tort Law,” Brooklyn Law School, Brooklyn, NY, Jan. 13, 2011 26 27 yale law report summer 2011

• “Climate Change, Courts, and the Common Law,” Jonathan R. Macey Joseph M. Field ’55 Professor of Law Inaugural Lecture, lectures and addresses Yale Law School, New Haven, CT, Nov. 15, 2010 • Hoover Institution, Stanford University, Address to • “Regulating from Nowhere: Environmental Law and Property Rights Task Force on “The Financial Crisis and the Search for Objectivity,” American Constitution Investment Banks’ Investment in Reputation” Society, Washington, DC, Nov. 4, 2010 • The University of Lisbon and the Catholic University of • Commentator, Frankel Lecture, University of Houston America, Lisbon, Portgal, “The Financial Crisis: How We Law Center, Houston, TX, Nov. 3, 2010 Got Here and How We Get Out” publications • The Simon Graduate School of Business, University of John H. Langbein • What Climate Change Can Do About Tort Law, 41 Envtl. Rochester, New York, NY, “Challenges to Leadership L. 1 (2011) and Governance” • Ecologic: Nanotechnology, Environmental Assurance • Istituto Bruno Leoni, The Stresa Seminar, Grand Hotel, Bonding, and Symmetric Humility, 28 UCLA Envtl L. & Pallanza, Italy, “Regulators and Competition” Pol’y J. 201 (2010) • Bocconi University Bookstore, Milan Italy, “Corporate • Politics by Other Meanings: A Comment on “Retaking Governance: Promises Kept, Promises Broken,” presen- Rationality Two Years Later, 48 Houston L. Rev. 43 tation on the occasion of the translation of Professor (2010) Macey’s book into Italian other professional highlights • University of Turin Bookstore, Turin Italy, “Corporate Jonathan R. Macey • Authored Brief Amicus Curiae of Tort Law Scholars in Governance: Promises Kept, Promises Broken,” presen- Support of Respondents, American Electric Power Co., tation on the occasion of the translation of Professor Inc. v. Connecticut, No. 10-174 (S. Ct. March 18, 2011) Macey’s book into Italian • Appointed Professor, by courtesy, at the Yale School of publications Forestry & Environmental Studies • The Value of Reputation in Corporate Finance and Investment Banking (and the Related Roles of John H. Langbein Regulation and Market Efficiency), 22 J. Applied Corp. lectures and addresses Fin. 18–29 (2010) • American Society for Legal History, Annual • Macey on Corporate Law, (2 volume treatise), Wolters Nicholas Parrillo Meeting, Philadelphia, PA, Nov. 18–20. Spoke Nov. Kluwer Law & Business, 2011 19 on “The Future of English Legal History.” Nov. 20, • Uncle Sam and the Hostile Takeover, Wall St. J., Mar. 21, Commentator, Panel: Comparing the Chinese and 2011 English Legal Traditions • The Governor’s Power Grab, N.Y. L. J., Mar. 7, 2011 • Lecture, Max Planck Institute for Criminal Law, • Did Egypt’s Rising Economy Lead to Hosni Mubarak’s Freiburg, Germany, Jan. 10, 2011, “Plea Bargaining and Fall?, Politico.com, Feb. 18, 2011 the Disappearance of the Criminal Trial: Lessons from • The SEC’s Facebook Fiasco, Wall St. J., Jan. 20, 2011 Anglo-American and German Legal History” • Who Wants to Watch ‘Bank Bailout 2’?, Politico.com, • Lecture, “The Myth of Convergence in Comparative Oct. 28, 2010 Civil Procedure,” University of Freiburg, Germany, other professional highlights Institute for German and Foreign Civil Procedure, • Economic Advisory Board, Financial Industry Jan. 12, 2011 Regulatory Authority (FINRA) other professional highlights • Hoover Institution, Stanford University, Visiting Fellow • 2010 Green Bag Award for best written book, for and Member, Task Force on Property Rights History of the Common Law: The Development of • Chief of Arbitration Panel, Financial Industry Anglo-American Legal Institutions (2009) (with Regulatory Authority, In Re Application of Laidlaw & R. Lerner & B. Smith) Company (London) public service • Chair, Yale University Advisory Committee on Investor • American Law Institute, Advisor, Restatement (Third) Responsibility Trusts. Attended Advisors’ meeting, Iowa City, IA, Nov. 12–14, 2010 Nicholas Parrillo • Commissioner, Connecticut Commission on Uniform lectures and addresses Legislation. Meeting, New Haven, CT, Feb. 28, 2011 • Harvard Legal History Workshop, Cambridge, MA, • Attended meeting of American Bar Association, Joint “Against the Profit Motive: The Transformation of Committee on Employee Benefits, Baltimore, MD, American Government, 1780–1940” (excerpts from Mar. 30–Apr. 1 book manuscript), Mar. 31, 2011

faculty activities

• NYU Legal History Colloquium, New York, NY, “Against • Panelist, “Rules for Growth,” 2011 State of the Profit Motive: The Transformation of American Entrepreneurship Address & Luncheon, The Kauffman Government, 1780–1940” (excerpts from book manu- Foundation, Washington, DC, Feb. 8, 2011 script), Feb. 2 and 9, 2011 • Kauffman Foundation Strategy Conference, Buffalo publications Creek, CO, March 17–20, 2011 • Testing Weber: Compensation for Public Services, publications Bureaucratization, and the Development of • Market Share Liability in Personal Injury and Public Positive Law in the United States, in Comparative Nuisance Litigation: An Economic Analysis, 18 Sup. Ct. Robert C. Post Administrative Law (S. Rose-Ackerman & P. L. Econ. Rev. 109 (2010) Lindseth eds.) (Cheltenham, U.K.: Edward Elgar, 2010) • The Importance of Law in Promoting Innovation and Growth (with R. Cooter, A. Edlin & R. E. Litan), in Rules Robert C. Post for Growth: Promoting Innovation and Growth lectures and addresses through Legal Reform 1 (Kauffman Foundation, 2011) • University of Virginia Law School, “Fundamental • Advancing Antitrust Law to Promote Innovation and Principles of First Amendment Jurisprudence,” Oct. 23, Economic Growth, in Rules for Growth: Promoting 2010 Innovation and Growth through Legal Reform, • Annual AALS Convention, San Francisco, “Can there be 209 (Kauffman Foundation, 2011) Claire Priest Full Academic Freedom without Tenure?,” Jan. 6, 2011 • The Effects of Modern Tort Law on Innovation and • Annual AALS Convention, San Francisco, International Economic Growth, in Rules for Growth: Promoting Perspectives on Core AALS Values, Jan. 8, 2011 Innovation and Growth through Legal Reform, • 41st Annual ABA Dean’s Workshop, San Diego, 273 (Kauffman Foundation, 2011) “Unbundling Academic Freedom from Tenure,” Mar. 4, • The Advance of Modern U.S. Tort Law and its Excesses, 2011 in The American Illness (F.H. Buckley ed., 2011) • Nathaniel L. Nathanson Lecture, University of San • Competition Law in Developing Nations: The Diego, “Academic Freedom and the Constitution,” Absolutist’s View, forthcoming in Global Competition Mar. 11, 2011 Law and Economics (Sokol & Lianos eds., 2011) publications George L. Priest • Theorizing Disagreement: Reconceiving the W. Michael Reisman Relationship Between Law and Politics, 98 Cal. L. Rev. lectures and addresses 1319 (2010) • Delivered paper, “The United Nations and • Sargent Shriver’s Legacy of Caring, Hartford Courant, International Law-Making” for panel entitled “The Jan. 22, 2011, at A9 Role of the United Nations in the Development of International Law,” at the International Law Weekend: Claire Priest 89th Annual Meeting of the American Branch of the lectures and addresses International Law Association, “International Law • Conference on Globalizing Property Rights, Columbia and Institutions: Advancing Justice, Security and W. Michael Reisman Law School, “Creating an American Property Law,” Prosperity,” Oct. 21, 2010, New York Oct. 22, 2010 • Delivered paper, “Crossovers: Investment and • Conference on The Struggle for Land: Property, Human Rights Tribunals as Courts of Last Appeal in Territory, and Jurisdiction in Early Modern Europe International Commercial Arbitration,” for panel “Stop and the Americas, Chicago, IL, “Creating an American the Hand-Wringing and Do Something: Solutions Property Law,” Apr. 8, 2011 on the Table to What is Perceived to be Wrong with International Arbitration” at the ASIL Mid-Year George L. Priest Meeting, Miami, FL, Nov. 12, 2010 lectures and addresses • Lectured at Universidad Panamericana for Conference • “Competition Law in Developing Nations: The on “Legal Education, Political Transformations and Absolutist’s View,” Global Antitrust, Global the Constitutive Process of Decision Making;” also Competition Law Conference: Implementing delivered a lecture to a class for the Master’s Degree Competition Law and Policy, Global Perspectives, New Program in Government and Public Policy entitled Delhi, India, Nov. 18–19, 2010 “Development and Nation-Building,” Mexico City, • “The Advance of Modern U.S. Tort Law and its Excesses” Mexico, Nov. 19, 2010 at Conference, The American Illness, Arlington, VA, Dec. • Lectured on International Investment at City 3–4, 2010 University of Hong Kong, Nov. 23, 2010 • “The Exception and the Rule,” MELSS, Dead Sea, Jordan, Jan. 14–16, 2011 28 29 yale law report summer 2011

• Gave Keynote Address, “In Personal Performance • Speaker: “Inventing Democratic Courts,” Yale Law Codes, One Size Doesn’t Fit All: Clarifying the School Dinner, The Association of American Law Professional and Ethical Responsibilities of Decision- Schools, San Francisco, CA, Jan. 5, 2011 (with Dennis Makers” at the 2nd International Conference on the Curtis) New Haven School, Hong Kong, Nov. 24, 2010. • Speaker: “Representing Justice: Invention, Controversy, • Delivered paper, “Temporal Issues in Arbitration” at and Rights in City-States and Democratic Courtrooms,” the 3rd Hague Prize Colloquium on Fundamental University College London, Faculty of Law, London, UK, Principles of Law in Honor of Dame Rosalyn Higgins: Jan. 19, 2011 (with Dennis Curtis) Temporal Issues in International Law, T.M.C. Asser • Moderator: “Fair Game: A Conversation with Doug Judith Resnik Instituut, The Hague, The Netherlands, Dec. 3, 2010 Liman, Emily Bazelon, Gorden Edelstein and Stan publications Crock,” Yale University, New Haven, CT, Jan. 25, 2011 • Foreword in Yearbook on International Investment • Speaker: “Representing Justice,” American Law & Policy 2009–2010 (K. P. Sauvant ed.) xix (2010) Philosophical Society Library Lecture Series, Benjamin • Interpreting Treaties for the Benefit of Third Parties: The Franklin Hall, Philadelphia, PA, Jan. 28, 2011 (with ‘Salvors’ Doctrine’ and the Use of Legislative History in Dennis Curtis) Investment Treaties, with M. H. Arsanjani, 104:4 Am. J. • Speaker: “Representing and Contesting Ideologies Int’l L. 597 (2010) of the Public Sphere,” Symposium sponsored by the • East African Piracy and the Defense of World Public Yale Journal of Law and Humanities, the Whitney Order, with M. H. Arsanjani, in Law of the Sea in Humanities Center, and the Ruebhausen Fund, New Dialogue (H. Hestermeyer, N. Matz-Lück, A. Seibert- Haven, CT, Feb. 3, 2011 (with Dennis Curtis) Fohr & S. Vöneky eds.) 137 (2010) • Delivered paper: “Aggregation and the Shifting • Soft Law and Law Jobs, 2:1 J. Int’l Disp. Settlement 25 Contours of Due Process,” Faculty Workshop, Yale Law (2011) School, New Haven, CT, Feb. 14, 2011 • The Changing Relation of National Courts and • Delivered paper: “Aggregation and the Shifting International Commercial Arbitration, with H. Contours of Due Process,” Faculty Workshop, Iravani, in The American Review of International Columbia Law School, New York, NY, Feb. 17, 2011 Arbitration, 2010/Vol. 21, Nos. 1–4, p. 5 (2011) • Moderator: Keynote Address and Plenary, Burt other professional highlights Neuborne; and moderator: panel on “Criminal Justice • ASIL Committee on Elections to the ICJ (chair) (2011) in Indian Country: Current Practices, Challenges, and • Attended the Department of State Advisory the Promises of the Tribal Law and Order Act,” Reblaw Committee on International Law Meeting, Dec. 9, Conference 2011, Yale Law School, New Haven, CT, Feb. 2010, Washington, DC 18, 2011 • Argued case concerning The Application of the Interim • Speaker: “Detention and the Constitution: From Accord of 13 September 1995 (The Former Yugoslav Guantánamo Bay to Ohio’s Supermax,” Faculty Republic of Macedonia v. Greece), International Court Workshop, College of Law, University of Iowa, Iowa of Justice, Mar. 21–30, 2011 City, IA, Feb. 24, 2011 • Speaker at the New York City Bar International • James Fraser Smith Distinguished Lecturer: “Inventing Commercial Disputes Committee Meeting, New York, Democratic Courts,” College of Law, University of Iowa, NY, Apr. 14, 2011 Iowa City, IA, Feb. 24, 2011 • Panelist: “Creating and Recreating the Ideal Law Judith Resnik School,” College of Law, University of Iowa, Iowa City, lectures and addresses IA, Feb. 25, 2011 • Panelist: “Federalism(s) and Comparative and • Convener: 14th Annual Liman Colloquium: Transnational Constitutionalism,” Georgetown Confrontation, Collaboration, and Cooperation: (En) University Law School, Washington, DC, Oct. 29, 2010 Countering Disagreement in the Pursuit of the Public • Panelist: “Comparative (In)Equalities: CEDAW and Interest; Moderator: “Correcting Corrections,” 14th the Gender of Jurisdiction,” Cardozo School of Law, Annual Liman Colloquium, Yale Law School, Mar. 4, Yeshiva University, New York, NY, Nov. 14, 2010 2011 • Moderator: “Access to Justice: Fellowships in the Public • Panelist: “Detention, Supermax, and Human Rights: Interest,” Yale University, Davenport College, New Human Rights in the Obama Administration,” Leitner Haven, CT, Nov. 16, 2010 Center, Fordham Law School, New York, NY, Mar. 10, • Interviewer: A Conversation with Zainab Salbi, 2011 Honoree, Arts and Ideas, New Haven Lawn Club, New Haven, CT, Nov. 18, 2010 faculty activities

• Lecturer: “The Future of Judges and Courts—The • Columbia University Law School Preliminary Decline of Public Justice: Does it Matter?,” University Conference Meeting on Corporate Governance after College of London, London, UK, Mar. 14, 2011 (with the Crisis Dennis Curtis) publications Carol M. Rose • Representing Justice: Invention, Controversy, and lectures and addresses Rights in City-States and Democratic Courtrooms, • Stanford Law School Environment and Energy Yale University Press, 2011 (with Dennis Curtis) Workshop, “Hernando DeSoto’s Work and its Roberta Romano • Reading Reinhardt: The Work of Constructing Legal Environmental Implications,” Oct. 24, 2010 Virtue (Exempla Iustitiae), 120 Yale LJ 539 (2010) • Conference on Wildfire: Economics, Law and Policy, • Compared to What?: ALI Aggregation and the Shifting “Norms and Fire Management, comment on Karen Contours of Due Process and of Lawyers’ Powers, 79 Bradshaw, Wildfire Suppression Dynamics Between Geo. Wash. L. Rev. 628 (2011) Public and Private Land Managers,” Nov. 12. 2010 • Object Lesson: On and Off Her Pedestal, Yale Alumni • Faculty Workshop, Loyola of Los Angeles Law School, Magazine (November/December 2010) (with Dennis “Racial Covenants and Housing Segregation, Yesterday Curtis) and Today,” Feb. 10, 2011 • Designing Justice, LA Daily Journal (Jan. 21, 2011) • Univ. of California, Berkeley, Workshop on Carol M. Rose (with Dennis Curtis) Environmental Law, “Liberty, Property and • What Does Justice Look Like?, Jan. 21, 2011, Slate, avail- Environmentalism,” Mar. 7, 2011 able at http://www.slate.com/id/2281277/ (with • UCLA Law School, “Racing Property: Racially Restrictive Dennis Curtis) Covenants and Norm Entrepreneurs,” Apr. 8, 2011 • From Fool’s Blindfolded to the Veil of Ignorance, Yale publications Law Report (Winter 2011) (with Dennis Curtis) • El Derecho de Propiedad en Clave Interdisciplinaria • The Changing Face of Justice: The Visual Vocabulary of (L. Grosman trans. & ed.) (Buenos Aires: Universidad Courts is a Transnational Symbol of Government, Mar. de Palermo, 2010) 24, 2011, Guardian, available at http://www.guardian. • Ostrom and the Lawyers: The Impact of Governing the Susan Rose-Ackerman co.uk/law/2011/mar/24/changing-face-justice-judith- Commons on the American Legal Academy, 5 Intl. J. of resnik (with Dennis Curtis) the Commons 28 (2011) other professional highlights • Recipient of the Elizabeth Hurlock Beckman Award Susan Rose-Ackerman for Outstanding Faculty in Psychology or Law, Award lectures and addresses Ceremony, Columbia University, New York, NY, Mar. 5, • Short course in Comparative Administrative Law, 2011 EU-wide LLM program, Católica Global School of Law, • Commentator: “Federal Judicial Appointments and Universidade Católica Portuguesa the Courts’ Workload,” The Takeaway (Public Radio), • Presented talk, “Putting Cost-Benefit Analysis in Its Mar. 18, 2011 Place,” workshop on Impact Assessments, Sciences Po, • Commentator: “Justice and the Courts,” Think Africa Paris Press, Podcast Interview, Mar. 18, 2011 • NYU conference on Policing, Regulating and • Commentator: “14th Annual Liman Colloquium,” Prosecuting Corruption, participant in panel on The Public File (WPLR-STAR 99.9), Mar. 25, 2011 International Corruption: The Exporting of American Corruption Law and Lessons from Abroad Roberta Romano publications lectures and addresses • (Edited with Peter Lindseth) Comparative • Cornell Law School Faculty Workshop, “Reflections on Administrative Law, Edward Elgar, Cheltenham UK the Financial Crisis” and Northhampton MA, 2010 • Brooklyn Law School Faculty Workshop, “Reflections • Co-authored with Diane A. Desierto & Natalia Volosin, on the Financial Crisis” Hyper-Presidentialism: Separation of Powers without • Munich University Center for Advanced Studies, “Law Checks and Balances in Argentina and the Philippines, as a Product” Research Programme Opening Event, Berkeley J. Int’l L. 29(1): 101–188 (2011) “Reflections on ‘Law as a Product’” • Putting Cost-Benefit Analysis in its Place: Rethinking • Leeds School of Business, University of Colorado at Regulatory Review, U. Miami L. Rev. 65(2): 335–356 Boulder Finance Seminar, “For International Financial (2011) Regulation Diversity” • Duke University School of Law Faculty Workshop, “For International Financial Regulation Diversity” 30 31 yale law report summer 2011

• Corruption and Other Political Pathologies, and • Symposium on Poverty and the Bureaucratic State: Democracy and Corruption, in George T. Kurian ed., A Symposium in Honor of Joel Handler, UCLA School of International Encyclopedia of Political Science, Law, Los Angeles, CA, presenter, panel on “The Law and Washington DC: CQ Press, 2010 Society Project,” Mar. 11, 2011 • UCLA School of Law Faculty workshop, UCLA School Peter H. Schuck of Law, Los Angeles, CA, “Will Marriage Make Gay and lectures and addresses Lesbian Couples Less Egalitarian? A Cautionary Tale,” • Co-organizer and speaker, Yale-Jindal University con- Mar. 4, 2011 ference on transnationalism and rule of law, New • Lecture, The Law and The Practice Series, Renaissance Peter H. Schuck Delhi, India Weekend, Laguna Beach, CA, “A New Way of Thinking • Conference on immigration and citizenship, About Discrimination,” Feb. 20, 2011 Interdisciplinary Center, Herzliya, Israel • Cornerstone panel on Advice to the President, • Albany Law School conference on Jerry Mashaw’s Renaissance Weekend, Laguna Beach, CA, “Encourage forthcoming book the States to Invest in Higher Education instead of • University of Utah Law School, annual Fordham Prison,” Feb. 20, 2011 Debate, on birthright citizenship • Cornerstone panel on Incredible Innovators’ Inventive • University of California, Irvine, “Immigration Puzzles” Ideas, Renaissance Weekend, Laguna Beach, CA, conference, on deportation/prison overcrowding “Rethinking Sexual Harassment,” Feb. 19, 2011 Vicki Schultz • University of California, Los Angeles, faculty workshop • UCLA Center for the Study of Women, UCLA Faculty on deportation/prison overcrowding Center, Los Angeles, CA, “Will Marriage Make Gay and • ADL program on immigration policy, New York City Lesbian Couples Less Egalitarian? A Cautionary Tale,” • St. Thomas Law School conference on suing govern- Feb. 3, 2011 ment and officials, keynote address, Minneapolis • Williams Institute, Roundtable on Marriage, UCLA • Lecture and faculty workshop, Washington University School of Law, Los Angeles, CA, “Marriage and the at St. Louis, refugee burden-sharing, and deportation/ Division of Labor: Three Theories of the Relationship prison overcrowding Between the Two,” Jan. 13, 2011 • Brandeis University, Waltham, MA, on immigration other professional highlights James J. Silk policy • McDonald/Wright Visiting Professor of Law, UCLA • DePaul University College of Law, on Robert Rabin and School of Law, 2010–11 the administrative state • Faculty Chair, Williams Institute, UCLA School of Law, publications 2010–11 • Tort as a Litigation Lottery: A Misconceived Metaphor, (with T. Lytton & R. Rabin), 52 B.C. L. Rev. 267 (2011) James J. Silk • Making the Case for Changing U.S. Policy Regarding lectures and addresses Highly Skilled Immigrants, 38 Fordham Urban L.J. • Panelist and moderator, “Structure of Human Rights 327 (2010). (A shorter version is U.S. Policy Regarding Programs,” Human Rights Studies in Academia confer- Highly-Skilled Immigrants: Change Whose Time Has ence, Yale University, Apr. 2011 Come,” in Rules for Growth (R. Litan, ed., Kauffman • “From Here to Hebron: The Dilemma of Israel for a Foundation, 2011) (with J. E. Tyler) Liberal American Jew,” A Taste of Honey, Department • An Immigration Reform Window Opens, L.A. Times, of Jewish Education, Jewish Federation of Greater Jan. 30, 2011 New Haven, Jan. 2011 • Do Not Go Directly to Jail, N.Y. Times, Dec. 7, 2010, at A33 • Moderator, “Economic Sanctions: Moral, Legal, and • Fixer-Upper, The American Lawyer, Dec. 2010 Strategic Perspectives” panel, sponsored by Arab • Citizen Terrorist, Pol’y Rev. 61-73 (Dec. 2010–Jan. 2011) Students Association at Yale, Yale Global Justice other professional highlights Program, Ethics, Politics and Economics Program, Yale • NAS Committee on Budget Model for Department of International Students Organization, and Orville H. Justice’s Immigration-Related Activities Schell, Jr. Center for International Human Rights, Yale Law School, December 2010 Vicki Schultz • “Turkey’s Obligations Under Treaties and Conventions,” lectures and addresses talk, Religious Freedom: Turkey’s Bridge to the • Pepperdine University School of Law, Malibu, CA, European Union, conference, sponsored by the faculty workshop, “Antidiscrimination Law as Archons of the Ecumenical Patriarchate in America Disruption: The Emergence of a New Framework for and Europe, European Parliament, Brussels, Belgium, Understanding and Addressing Discrimination,” Nov. 2010 Apr. 11, 2011 faculty activities

Kate Stith • “The Struggle for Balance in U.S. Immigration Policy,” lectures and addresses American Constitution Society, Yale Law School, New • Overcriminalization 2.0 Conference, sponsored by Haven, CT, Oct. 2010 National Association of Criminal Defense Lawyers, other professional highlights Foundation for Criminal Justice, and George Mason • Appointed to Advisory Board, Connecticut Veterans School of Law, Washington, DC, panelist, “Regulation Legal Center or Criminalization?,” Oct. 2010 • Appointed to Board, Iraqi Refugee Assistance Project • Conference on Empirical Legal Studies, Yale Law • Barrera v. Boughton, No. 3:07-cv-1436 (D.Conn.) Kate Stith School, “Discrimination in the Justice System,” chair, (obtained record $650,000 settlement for day- Nov. 2010 laborers arrested in undercover “sting” operation, in • Liman Colloquium, Yale Law School, “In and Out of civil rights suit brought against Mayor and City of Government,” moderator and speaker, Mar. 2011 Danbury, police officials, immigration agents, and • Yale Law School Federalist Society & South Asian Law United States) Students Association, Yale Law School, “Sentencing • Diaz-Bernal v. Myers, 758 F.Supp.2d 106 (D.Conn. 2010) Policy After Booker,” moderator and speaker, Mar. 2011 (denying in substantial part motions to dismiss by • Conference on Comparative Prosecution, University of immigrant agents, supervisors, and United States in Minnesota School of Law, commentator, Apr. 7–8, 2011 civil rights suit arising from 2007 immigration raids in James Q. Whitman • Workshop on Criminal Justice Theory & Practice, Yale New Haven), notice of appeal pending. Law School, “Prosecuting Smart on Crime,” moderator, • State of Connecticut Judical Branch, Court Support Apr. 12, 2011 Services Division, Policy No. 4.57 (eff. Oct. 15, 2010) publications Sec. 3.S. (rescinding policy requiring probation officers • Amicus Brief, Herrera v. Oregon (U.S. Supreme Court, to perform immigration review of all probationers No. 10-344) and to report potentially removable persons to immi- gration authorities) James Q. Whitman lectures and addresses John F. Witt • “Legality: The Common Law Deviation,” University of lectures and addresses Michael Wishnie Ghent, Dec. 2010 • University of Michigan Law School, “A False Feeling of • “The Verdict of Battle”: Harvard Law School, Feb. 2011; Mercy: The Laws of War in the Age of Jackson,” Nov. 8, Hebrew University of Jerusalem, Mar. 2011; Tel Aviv 2010 University, Mar. 2011 • American Society for Legal History annual meet- publications ing in Philadelphia, “Balancing Acts: 20th Century • Response to my Reviewers, Quaderni Fiorentini per Democracies and Respect for the Law,” Nov. 19, 2010 la storia del pensiero giuridico moderno 39 (2010): • Princeton University Politics Department, 758–761 “Emancipation and the Laws of War,” Feb. 10, 2011 • Of Neo-Liberalism and Comparative Punishment, • Allen H. Duffy Class of 1960 Inaugural Lecture, John F. Witt Critical Sociology 37 (2011): 217–224 “Lincoln’s Code: The Puzzling History of the Laws of other professional highlights War,” Feb. 28, 2011 • Visiting Professor, Tel Aviv University, Mar. 2011 • Harvard Law School Legal History Workshop, “Lincoln’s Code: The Puzzling History of the Laws of War,” Mar. 3, Michael J. Wishnie 2011 lectures and addresses • Zocalo Public Square, Los Angeles, CA, “Inventing the • “Excessive Removal: Proportionality and Immigration War Crime,” Mar. 14, 2011 Law,” University of California-Irvine School of Law, • Stanford Law School Legal Studies Seminar, “Rules of Irvine, CA, Feb. 2011 Wrong: The Crime-War Boundary and the American • Connecticut Bar Association, New Britain, CT, Invention of the War Crime, 1815–1848,” Apr. 7, 2011 “Litigation and Strategy under the Freedom of • Yale Law School Faculty Workshop, “Rules of Wrong: Information Act, Jan. 2011 The Crime-War Boundary in Antebellum America,” • “Immigration Enforcement in the Workplace,” Hofstra Apr. 11, 2011 Labor and Employment Law Journal Symposium, other professional highlights Hofstra Law School, New York, NY, Nov. 2010 • Appointed to the Taft Court volume of the Oliver • “The Immigration Debate in 2010—The Federal Wendell Holmes Devise History of the United States and State Power Struggle for Balance in America’s Supreme Court Immigration Policy,” The Edgar M. Snyder Distinguished Visiting Scholar Program, University of Pittsburgh School of Law, Pittsburgh, PA, Oct. 2010