Annual Report 2018 Learning and Protecting Rights, Making and Practicing Accessing Justice Implementing Law Learning and Practicing Law

Protecting Rights, Accessing Justice

Making and Implementing Law

Any opinions, findings, and conclusions or recommendations expressed in ABF publications are those of the author(s) and do not necessarily reflect the views of the American Bar Foundation or the American Bar Association.

The AMERICAN BAR FOUNDATION, ABF and related seal trademarks as used by the American Bar Foundation are owned by the American Bar Association and used under license. 2 Introduction to the American Bar Foundation 3 Officers and Directors 4 Fellows Research Advisory Committee 5 Past Presidents of the American Bar Foundation 6 Executive Director’s Letter: Ajay K. Mehrotra 7 Highlights 14 Research Program 19 Research Faculty 19 Research Professors 28 Affiliated Research Professors 29 Faculty Fellows 31 Research Social Scientists 32 Selected Publications 35 ABF Publications 35 Law & Social Inquiry 35 Researching Law 36 Recent Major Media Coverage and Faculty Op-Eds 37 Collaboration with Strategic Partners 38 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students 39 Doctoral Fellowship Programs 40 Sponsored Programs 41 Research Funds 42 Research Presentations at the ABF 2018 43 The Fellows of the American Bar Foundation 46 Life Fellows Contributions to the American Bar Foundation 50 Cornerstone Giving Society 51 Personnel 54 Financial Report 2017–18 56 Allocation of Funding FY 2017–18

www.americanbarfoundation.org • 2018 Annual Report 1 Introduction to the American Bar Foundation

The American Bar Foundation (ABF) is among the world’s leading research institutes for the empirical and interdisciplinary study of law. An independent, nonprofit organization for over sixty-five years, the ABF has advanced the understanding and improvement of law through research projects of unmatched scale and quality on the most pressing issues facing the legal system in the and the world. The ABF is committed to the broad dissemination of its research findings to the organized bar, scholars, and the public. The results are published in a wide range of forums, including leading academic journals, law reviews, and academic and commercial presses.

Mission The American Bar Foundation seeks to expand knowledge and advance justice through innovative, interdisciplinary, and rigorous empirical research on law, legal processes, and legal institutions. To further this mission, the ABF will produce timely, cutting-edge research of the highest quality to inform and guide the legal profession, the academy, and society in the United States and internationally.

Research Faculty The research program of the ABF is implemented through the projects designed and conducted by the members of the ABF’s resident research faculty. ABF Research Professors are among the leading scholars in their disciplines, which include , , , law, , , and . A research project is undertaken only after completion of a very extensive review process. The internal review committee, an external review panel, the Research Committee of the ABF Board, and ultimately the Board of Directors must conclude that the proposed study will make a significant contribution to the field and that the research can be carried out with the appropriate standards of integrity, human subject protection, and scholarship.

Funding The ABF extends special thanks to the American Bar Endowment (ABE). The American Bar Endowment’s grant of $3,545,630.00 in fiscal year 2017-18 makes the Endowment the ABF’s largest supporter. Founded in 1942, the ABE is a charitable organization dedicated to improving the quality of justice in the United States by funding research, educational, and public service projects in the field of law. American Bar Association (ABA) members who participate in the Endowment’s group insurance programs can contribute to these efforts. Those members who participate in the Endowment’s insurance plans and allow the ABE to retain dividends payable on the group insurance policies provide essential support for the ABE’s grant program. The ABF would like to thank all ABA members who participate in ABE insurance plans and donate their dividends, along with the ABE, for the valuable funding they have provided.

Other sponsors include the Fellows of the American Bar Foundation and private foundations and government agencies that award grants to support specific research projects and other ABF programs. The ABF is recognized as a 501(c)(3) nonprofit organization.

The Fellows of the American Bar Foundation The Fellows of the American Bar Foundation is an organization of leading lawyers, judges, law faculty, and legal scholars who have been elected by their peers to become members of the Fellows because of their outstanding achievements in the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.

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

2017–2018 2018–2019 Officers and Ex Officio Officers and Ex Officio Directors Hilarie Bass Directors Robert M. Carlson President President, President President, American Bar Association American Bar Association Ellen J. Flannery David S. Houghton 2017–2018 2018–2019 Washington, D.C. Omaha, NE Robert M. Carlson Judy Perry Martinez Vice-President Vice-President President-Elect, President-Elect, David S. Houghton American Bar Association E. Thomas Sullivan American Bar Association Omaha, NE 2017–2018 Burlington, VT 2018–2019 Treasurer Deborah Enix-Ross Treasurer William R. Bay Jimmy K. Goodman Chair, House of Delegates, Walter L. Sutton, Jr. Chair, House of Delegates, Oklahoma City, OK American Bar Association Dallas, TX American Bar Association 2016–2018 2018–2020 Secretary Secretary E. Thomas Sullivan Michelle A. Behnke Jimmy K. Goodman Michelle A. Behnke Burlington, VT Treasurer, Oklahoma City, OK Treasurer, American Bar Association American Bar Association Michael H. Byowitz 2017–2020 Michael H. Byowitz 2017–2020 New York, NY J.A. (Tony) Patterson, Jr. New York, NY Stephen N. Zack Jennifer Chacón President, Jennifer Chacón President, Los Angeles, CA American Bar Endowment Los Angeles, CA American Bar Endowment Doreen D. Dodson Robert A. Clifford Sandra J. Chan Robert A. Clifford St. Louis, MO Chair of the Council of the Santa Barbara, CA Chair of the Council of the Fund for Justice and Education Fund for Justice and Education George S. Frazza Doreen D. Dodson New York, NY Daniel B. Rodriguez St. Louis, MO Kimberly A. Yuracko Dean, Dean, Northwestern University Hon. Sophia H. Hall Pritzker School of Law George S. Frazza Pritzker School of Law , IL New York, NY The Fellows The Fellows Kay H. Hodge Robert J. Grey, Jr. Rew R. Goodenow Reginald M. Turner Boston, MA Richmond, VA Chair Chair Judy Perry Martinez Hon. Sophia H. Hall Reginald M. Turner Ellen M. Jakovic New Orleans, LA Chicago, IL Chair-Elect Chair-Elect Harold D. Pope Kay H. Hodge Ellen M. Jakovic Hon. Eileen A. Kato (Ret.) Detroit, MI Boston, MA Secretary Secretary Lauren Robel Harold D. Pope Honorific—Non-Voting Bloomington, IN Special Advisor Detroit, MI Rew R. Goodenow Kathleen J. Hopkins Andrew M. Schpak Lauren Robel Immediate Past Chair – Fellows Portland, OR Executive Committee Bloomington, IN Executive Committee Walter L. Sutton, Jr. Ellen J. Flannery, Chair Andrew M. Schpak David S. Houghton, Chair Dallas, TX Rew R. Goodenow Portland, OR Doreen D. Dodson Jimmy K. Goodman Jimmy K. Goodman Kay H. Hodge Kay H. Hodge David S. Houghton E. Thomas Sullivan E. Thomas Sullivan Walter L. Sutton, Jr. Walter L. Sutton, Jr. Reginald Turner

www.americanbarfoundation.org • 2018 Annual Report 3 Fellows Research Advisory Committee

Mission Members Emeritus Members The Fellows Research Advisory Committee Amelia H. Boss John B. Attanasio (FRAC) works with the Director of the ABF Sandra J. Chan N. Cornell Boggs III and the Officers of the Fellows to organize Don S. De Amicis Michael H. Byowitz the Fellows Research Seminars each year Michael E. Flowers Ellen J. Flannery Sharon Stern Gerstman Rew R. Goodenow and serves as a bridge between the research Ellen M. Jakovic Earl Johnson, Jr. program of the American Bar Foundation Hon. Eileen A. Kato (Ret.) Denise R. Johnson and the profession, including the practicing Andrew Joshua Markus Thomas E. Kopil bar, the judiciary, and legal education. Peter M. Reyes Jr. Graydon Dean Luthey, Jr. Kevin L. Shepherd Robert E. Lutz II Mary L. Smith Norman Redlich* Delissa A. Ridgway Miriam Shearing Viola J. Taliaferro Reginald M. Turner

*Deceased

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

2016–2018 Ellen J. Flannery 1980–1982 John J. Creedon

2014–2016 David A. Collins 1978–1980 Robert W. Meserve*

2012–2014 Hon. Bernice B. Donald 1976–1978 Bernard G. Segal*

2010–2012 William C. Hubbard 1974–1976 Maynard J. Toll*

2008–2010 Richard Pena 1971–1974 Hon. Erwin N. Griswold*

2006–2008 David K.Y. Tang 1968–1971 Lewis F. Powell*

2004–2006 Robert O. Hetlage* 1965–1968 Ross L. Malone*

2002–2004 M. Peter Moser* 1964–1965 William T. Gossett*

2000–2002 Jacqueline Allee 1960–1964 Whitney North Seymour*

1998–2000 Kenneth J. Burns, Jr.* 1959–1960 John D. Randall*

1996–1998 Robert MacCrate* 1958–1959 Ross L. Malone*

1994–1996 John C. Deacon* 1957–1958 Charles S. Rhyne*

1992–1994 Robert W. Bennett 1956–1957 David F. Maxwell*

1990–1992 Wm. Reece Smith, Jr.* 1955–1956 E. Smythe Gambrell*

1988–1990 H. William Allen 1954–1955 Loyd Wright*

1986–1988 Randolph W. Thrower* 1953–1954 William J. Jameson*

1984–1986 F. Wm. McCalpin* 1952–1953 Robert G. Storey* (Elected the first president on November 21, 1952) 1982–1984 Seth M. Hufstedler *Deceased

www.americanbarfoundation.org • 2018 Annual Report 5 Executive Director’s Letter: Ajay K. Mehrotra

These are challenging times for law and social science research. In an era when “alternative facts” and “fake news” have become parts of our everyday lexicon, it is now more urgent than ever for rigorous sociolegal research to uncover the inconvenient truths of our system of law and justice. With funding for basic research becoming ever scarcer, now is also the time for scholars and their supporters to become even more creative in the use of limited resources.

The American Bar Foundation (ABF) has been meeting these challenges. In the past year, thanks to our many benefactors, we have continued to produce the innovative and influential research that has long been the hallmark of the ABF. To be sure, we could not conduct our deeply empirical and interdisciplinary research without our many supporters, including the American Bar Endowment, the Fellows of the ABF, and several other grantors such as the AccessLex Institute, the National Science Foundation, the Open Society Foundation, the Law School Admissions Council, the Montgomery Foundation, and others. Thanks, as always, to these ABF champions.

The past year witnessed another outstanding period of ABF research, both in productivity and quality. Our ABF scholars produced 3 books and over 44 articles in 2018. ABF research on “Learning and Practicing Law” remains one of our fundamental research streams. Our After the JD team continues to mine our unique data set on the career trajectory and satisfaction of legal professionals. Likewise, from our senior scholars to our doctoral fellows, the ABF continues to explore nearly all aspects of legal education, including the financing of law schools and diversity and inclusion in the legal academy.

ABF research on “Protecting Rights/Accessing Justice” was especially active in 2018. In addition to our on-going work on the social and political effects of mass incarceration, prisoner re-entry, and problematic policing, ABF scholars produced cutting-edge research on the access to justice gap. For her innovative scholarship in this area, ABF researcher Rebecca Sandefur was awarded a MacArthur “genius” Fellowship—the­ second ABF researcher to receive this high honor. Professor Sandefur’s creative work on Access to Justice has helped us not only identify the key factors that create and exacerbate the access to justice gap, her scholarship has also uncovered many ways to address that gap.

Our third central area of research on “Making and Implementing Law” continues to produce outstanding and informative scholarship. From our work on international commercial lawmaking to our analysis of workplace discrimination law to our study of comparative constitutionalism, ABF scholars remain on the frontier of the timely and significant issues facing our world today.

Finally, the ABF’s commitment to fostering the next generation of law and social science scholars remains as strong as ever. This past year we not only hosted a 30th anniversary celebration of our Montgomery Summer Research Diversity Fellowship program, we also welcomed a new cohort of summer fellows, as well as an impressive group of doctoral and postdoctoral fellows. Identifying and mentoring tomorrow’s empirical and interdisciplinary legal scholars has long been, and will remain, an essential component of ABF research and programming.

Although we currently live in challenging times for law and social science research, the ABF remains committed to its core mission of expanding knowledge and advancing justice. We could not have celebrated this past year’s achievements, and all that the ABF does, without our many advocates. Thank you for all your support.

6 American Bar Foundation • www.americanbarfoundation.org Highlights

A MacArthur “Genius” at the ABF of the ABF’s Access to Justice research initiative. ABF Faculty Fellow Rebecca Sandefur was selected by the Her research has been an important resource for John D. and Catherine T. MacArthur Foundation as a 2018 legal providers and policymakers to rely on when MacArthur Fellow. Also known as the “Genius Grant,” the responding to the legal needs of the public. honor recognizes Sandefur for her exceptional creativity, “Becky Sandefur embodies all the core values originality, and dedication to groundbreaking research that the MacArthur Foundation holds high as their on inequality in the field of law, particularly with regards selection criteria for their prestigious fellowship: to civil justice problems, and demonstrates belief in her exceptional creativity, originality, and the promise potential for future achievements. of future advancement based on her significant track Being named a MacArthur Fellow ranks Sandefur record of achievement,” said ABF Executive Director among the most talented and creative individuals in the Ajay K. Mehrotra in the ABF’s press release on the country working across a broad range of fields, including achievement. “We look forward to her continued writers, artists, scientists, teachers, and entrepreneurs significant contributions to the field of access to (among others). The MacArthur Fellowship Program justice research that will promote a more just awards each Fellow a stipend of $625,000 over a period society.” of five years, which can be used towards advancing Sandefur was the second ABF faculty member knowledge in their fields, engaging in new, exciting to receive one of the prestigious MacArthur grants. work, or changing fields or the direction of their careers. In 2012, ABF Researcher Dylan Penningroth was named Candidates considered for the Fellowship are nominated a MacArthur Fellow for his work on the shifting concepts anonymously by experts in their fields and selected by an of property ownership and kinship among African- independent committee of leaders in the arts, sciences, American slaves and their descendants following humanities, and for-profit and nonprofit communities. emancipation. Although Penningroth has, since 2015, Sandefur’s impactful research has informed the been a faculty member at the University of California, understanding of how ordinary people view the law and Berkeley, he remains connected to the ABF as a legal processes. She was one of the founders and leaders distinguished Affiliated Research Professor.

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1 1. ABF Faculty Fellow Rebecca Sandefur was awarded the “Genius Grant” for her work on civil justice. (Photo courtesy of John D. and Catherine T. MacArthur Foundation) 2., 3. Sandefur appeared on Chicago Tonight to discuss her research and what she plans to do with the award (see Major Media Coverage for more media 3 coverage on Sandefur).

www.americanbarfoundation.org • 2018 Annual Report 7 Highlights

Celebrating 30 Years of experience introduces students to the rewards and Undergraduate Diversity Fellowship demands of a research-oriented career in the fields To honor the 30th anniversary of the Montgomery of law and social science. Summer Research Diversity Fellowship (SRDF), the ABF Since its founding more than 65 years ago, the ABF hosted a celebration event on Oct. 25, 2018 at the Drake has been a leader on research and programming that Hotel in Chicago, IL. The event, which was attended supports understanding and overcoming barriers that by nearly 200 people, served as an opportunity to women, people of color, people with disabilities and gratefully acknowledge the support for the program people from the LGBTQ community find in practice from foundations, law firms, corporations and other and before the law. Through the SRDF program and donors and champions. Leadership, staff, faculty, and its alumni, the ABF has had a measurable effect on alumni of the program were also on hand to recognize the diversity of leaders in the legal, business, and the impact of the ABF’s signature diversity program. policymaking fields. Since 1988, 122 undergraduate students have At the event, the ABF presented the inaugural completed the SRDF, an annual summer research Montgomery Summer Research Diversity Fellow fellowship for students from diverse backgrounds Distinguished Alumnus Award to Danielle Holley-Walker interested in pursuing graduate studies in the social (SRDF 1995), Dean and Professor of Law at Howard sciences or law. This intensive, hands-on research University School of Law. Prior to becoming dean,

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1. From left to right: David S. Houghton, President of the ABF; Jimmy K. Goodman, Event Co-Chair and Secretary of the ABF; Tina Tchen, Partner, Buckley Sandler LLP; Dean Danielle Holley-Walker, Professor of Law and Dean of Howard University School of Law; Reginald M. Turner, Event Co-Chair and Chair of the Fellows of the ABF; Ajay K. Mehrotra, ABF Executive Director. 2. Wesley Chen, a 2018 SRDF Fellow, caught up with his ABF research advisor Terence Halliday at the 30th anniversary celebration dinner. 3. Danielle Holley-Walker, Dean of the Howard University School of Law, accepted the inaugural Montgomery Summer Research Diversity Fellowship Distinguished Alumnus Award from Reginald M. Turner, Event Co-Chair and Chair of the Fellows of the ABF. 4. ABF Executive Director Ajay K. Mehrotra delivered 3 remarks introducing the video celebrating the 30th anniversary of the Montgomery Summer Research Diversity Fellowship Program. 4

8 American Bar Foundation • www.americanbarfoundation.org Holley-Walker clerked for Chief Judge Carl E. Stewart only on their personal career development but also of the United States Court of Appeals for the Fifth Circuit, the greater fields of law and social science,” said practiced civil litigation at Fulbright & Jaworski LLP, and David S. Houghton, president of the ABF board of was a Distinguished Professor of Law at the University directors, in the event’s press release issued by the of South Carolina. ABF. “The ABF board of directors and our sponsors The keynote speaker for the evening was Tina Tchen, are proud to support the continued growth and partner at the Chicago office of Buckley Sandler LLP. progress of the program.” Tchen is a former assistant to President Barack Obama, The celebration was made possible through executive director of the White House Council on Women the generous support of the following sponsors: Law and Girls, and chief of staff to First Lady Michelle Obama. School Admission Council (Platinum Sponsor); Walmart She is a leader of Buckley Sandler’s Workplace Cultural and the Kenneth and Harle Montgomery Foundation Compliance Practice, counseling companies on issues (Gold Sponsors); Kirkland & Ellis, LLP, United Airlines, related to gender discrimination, sexual harassment, AccessLex Institute, Michael H. Byowitz and Ruth and diversity in the workplace. Holzer, Jimmy K. and Deborah Goodman, David S. “By inviting undergraduate students to participate and Debra Houghton, and Reginald M. and Marcia in such a hands-on diversity program at such a decisive Turner (Silver Sponsors). stage in their lives, the ABF has had a critical impact not

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1. ABF Faculty Fellow Rebecca Sandefur was recognized by the audience at the 30th anniversary SRDF dinner for her recent MacArthur Genius Grant award. 2. The 30th anniversary celebration took place at the Drake Hotel on October 25, 2018. 3. Tina Tchen, Buckley Sandler LLP Partner, delivered the keynote remarks at the 30th anniversary event. 3

www.americanbarfoundation.org • 2018 Annual Report 9 Highlights

Major Books Published in 2018 social contexts and institutional settings. Each of the Two major books were published by American Bar book’s six chapters is devoted to a different group that Foundation scholars in 2018: The Sit-Ins: Protest and played a role in the legal history of the sit-ins: students, Legal Change in the Civil Rights Era by ABF Faculty Fellow civil rights lawyers, outside supporters, opponents, Christopher Schmidt, and How to Save a Constitutional judges and the lawmakers who crafted and passed Democracy by ABF Research Professor Tom Ginsburg and the Civil Rights Act of 1964—the ultimate victory of Law School Professor (and ABF the sit-in movement. Collaborating Scholar) Aziz Huq. How to Save a Constitutional Democracy attempts to The Sit-Ins, the culmination of a decade of work by understand why the number of democracies around Schmidt, offers a history of the lunch counter sit-in the world have been declining since 2006 and explores movement of 1960. It tells the story of the African- the threats that face liberal constitutional democracies American college students who initiated a wave of today. Drawing on a rich array of countries’ experiences nonviolent sit-in protests at “whites-only” lunch counters with democratic backsliding, the book documents the across the segregated south in the spring and winter of rising wave of populist leaders across the world and 1960 from the unique perspective of a legal historian. demonstrates how and constitutions can either Bringing to the foreground the complex legal issues prevent or contribute to the decline of democratic that have traditionally been missed by historical accounts institutions. The checks and balances of the federal of the sit-in movement, this book illuminates how the government, a civil society and media, and individual movement came to be and how it influenced American rights—such as those protected in the First Amendment— society and constitutional law. Beyond offering a unique do not necessarily succeed as safeguards against legal assessment of the 1960 sit-in movement, Schmidt’s democratic decline. historical account also provides a powerful case study In fact, Ginsburg and Huq contend, the reality for of constitutional development in modern America. He the United States is that the Constitution’s design makes illustrates how the constitutional claim that originated democratic erosion more, not less, possible. Its structural from the sit-in protests was interpreted among various rigidity has had the unanticipated consequence of

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1. ABF Research Professor Tom Ginsburg and ABF Collaborating Scholar Aziz Huq appeared at an event hosted by the Chicago Council on Global Affairs to discuss their book, How to Save a Constitutional Democracy. 2. ABF Research Professor Tom Ginsburg appeared on WTTW Chicago Tonight on November 6, 2018, to speak about the book he co-authored, How to Save a Constitutional Democracy.

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10 American Bar Foundation • www.americanbarfoundation.org empowering the Supreme Court to fill in some details, surveying distinguished scientists and engineers often with doctrines that ultimately enable, rather than who were elected Fellows of the Academy to better prevent, the infringement of rights. Even the bright spots understand how scientists relate to law based on in the Constitution—the First Amendment, for example— their views and experiences of the legal system. may have perverse consequences in the hands of a skilled Scientists who participated in the survey were asked communicator, who can employ hateful language that questions such as whether they had ever been asked would be banned in many other democracies. To combat to provide scientific expertise, why they agreed this, the authors lay out practical steps for how laws and to help or refused, what their experience was like constitutional design can play a more positive role in providing testimony, and to describe their views of the managing the risk of democratic decline. legal system and various courtroom and legal procedures. The study found that most of the scientists and Illuminating How Scientists View the Law engineers surveyed had agreed to participate in In a recent essay published in the Fall 2018 issue of lawsuits when asked, more often for educational and Dædalus, Journal of the American Academy of Arts and moral reasons than financial, and, if they refused, it Sciences, ABF Research Professor Shari Diamond revealed was mainly because they lacked the time or relevant the results of her first-of-a-kind survey that sheds light scientific expertise. Results of the survey also showed on how some of the country’s most respected scientists that some of the scientists and engineers reported being and engineers view the legal system and relate to law. uncomfortable with adversarial legal procedures and Diamond co-authored the essay entitled, “When Law would be more likely to participate in legal proceedings Calls, Does Science Answer? A Survey of Distinguished in the future if procedural changes were made. Scientists and Engineers,” and conducted her survey On October 29, 2018, Diamond co-hosted a panel with Richard O. Lempert, the Eric Stein Distinguished organized by the American Academy of Arts and Sciences University Professor (Emeritus) of Law and Sociology at at the National Press Club in Washington, D.C. The panel the University of Michigan. Diamond and Lempert explore focused on the challenges and opportunities that arise the important relationship between law and science by from an increase in the role of scientific evidence in legal

2 1 1. ABF Research Professor Shari Diamond. 2. ABF Faculty Fellow Christopher Schmidt spoke at the Southern Festival of books in Nashville about his book, The Sit-Ins.

www.americanbarfoundation.org • 2018 Annual Report 11 Highlights

cases. The panel featured several distinguished federal personhood that exists today. Baumgardner will be working judges, including David Tatel and Jed Rakoff, as well as on two research projects related to his interest in American former federal judge and current Harvard Law School politics and law: one focusing on the rise of the conservative professor, Nancy Gertner. Diamond and Lempert shared legal movement during the 1980s, and a second project results from the study about why not all scientists choose examining the historical development of state Religious to participate in legal matters. Freedom and Restoration Acts. Kang will continue to work on her current research project based in part on her Continuing the Commitment to dissertation, “Unintended Intentions: Security Script and the Next Generation of Scholars Performative Enactment,” showing how the language of The ABF welcomed a new cohort of Doctoral Fellows “security” enables forms of violence that are not recognized in 2018: Evelyn Atkinson and Mary Ellen Stitt, ABF/ as such because they are regarded to be legal. NSF Doctoral Fellows in Law and Inequality; Paul In addition to the doctoral fellows, the ABF also Baumgardner ABF/AccessLex Doctoral Fellow in Legal and welcomed a new group of undergraduates for the 30th Higher Education; and Hye Yun Kang, ABF/Northwestern year of the Montgomery Summer Research Diversity University (NU) Doctoral Fellow. Fellowship in Law and Social Science. The fellowship The research interests of the new fellows are wide- welcomes outstanding students from across the country ranging and interdisciplinary. Stitt is working on her to join the ABF’s intellectual community and gain an dissertation, “Therapeutic Alternatives in the Criminal in-depth introduction to the rewards and demands Courts,” which examines the growing use of treatment- of a research-oriented career in the fields of law and based alternatives to criminal punishment in the U.S. social science. Students from diverse backgrounds who Atkinson is completing her dissertation, “American demonstrate academic excellence and a keen interest in Frankenstein: Creating the Constitutional Corporate law and social science are encouraged to apply. Each year, Person,” which focuses on how popular movements four exceptional individuals are chosen as fellows. advocating for corporate responsibility gave rise to legal The 2018 Montgomery Summer Research Diversity cases that created the constitutional doctrine of corporate Fellows were Erick Aguilar (Duke University), Leilanie

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1. The 2018 Montgomery Summer Research Diversity Fellows at the American Bar Association. Fellows go on site visits around Chicago to law firms, social justice-oriented non-profits and criminal courtrooms. They also sat in on graduate level classes and met with admissions representatives from local law schools. 2. Erick Aguilar 3. Rebecca Lei 4. Leilanie Martinez 5. Wesley Chen 4 5

12 American Bar Foundation • www.americanbarfoundation.org Martinez (University of California, Berkeley), Rebecca Georgetown Law Journal, the Michigan Law Review, Lei (University of California, Berkeley), and Wesley Chen and the Yale Law Journal. She is the author of the (Georgetown University School of Foreign Service). book, According to Our Heats: Rhinelander v. Rhinelander and the Law of the Multiracial Family (2013). Neukom Chair Examines Race-Based During her year as the Neukom Fellows Trauma and the National Bar Association Research Chair, Onwuachi-Willig worked on two Angela Onwuachi-Willig was appointed as the research projects. The first was a book project, American Bar Foundation’s 2017-18 William H. Neukom which examined the race-based traumas that Fellows Research Chair in Diversity and Law. She was African-Americans experience in the wake of high- the Chancellor’s Professor of Law at the University of profile acquittals of defendants who have killed unarmed California, Berkeley, School of Law and in August 2018 African-Americans, specifically comparing and analyzing began her appointment as dean of Boston University the murders of Emmett Till and Trayvon Martin and School of Law. the acquittals for those responsible, J.W. Milam and Onwuachi-Willig earned a Ph.D. and M.A. in sociology Roy Bryant, and George Zimmerman. An article drawn and African-American Studies from Yale University, a J.D. from this research recently received the Law & Society from the University of Michigan Law School, and a B.A. Association’s John Hope Franklin Prize. in American Studies with a concentration in African- Her second research project focused on the founding American Studies from Grinnell College. A renowned and development of the National Bar Association, the scholar of law and inequality, she taught Employment country’s largest network of predominantly African- Discrimination, Evidence, Family Law, Critical Race American lawyers and judges formed in 1925 in Des Theory, and Torts at Berkeley Law. Moines, Iowa. This project explored how the five founders Onwuachi-Willig writes in a variety of areas including understood their role as black lawyers during that time employment discrimination, family law and critical race period, the factors that drove the NBA’s development and theory, and her articles have appeared in several notable the challenges the founding members faced in the bar publications including the California Law Review, the and courtroom.

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1. Mary Ellen Stitt, doctoral candidate in sociology at the University of Texas at Austin, presented her talk on “Medicalizing Justice: Therapy in Criminal Courts” on September 5, 2018. Doctoral Fellows had the opportunity to present their research to ABF Research faculty, staff, and others during the weekly Seminar Series. 2. ABF Doctoral and Postdoctoral Fellows (left to right): Rachel Montgomery, Hye Yun Kang, Asad Rahim, Margot Moinester, Paul Baumgardner, Meghan L. Morris, and Mary Ellen Stitt. Not pictured: Evelyn Atkinson 3. Angela Onwuachi-Willig, the 2017-2018 William H. Neukom Fellows Research Chair in Diversity and Law

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www.americanbarfoundation.org • 2018 Annual Report 13 Research Program

Research at the ABF is conducted by a faculty of residential Research Professors, Faculty Fellows, and over 50 affiliated scholars from across the nation and the world. In the following areas and more, the ABF has been recognized as a thought leader and a source of scholarship that is shaping law and policy. The findings from ABF research presented below are representative, but by no means exhaustive, of the ABF’s collective research efforts and achievements.

Learning and Criminal Defense in China ABF Research Professor Terence C. Halliday and ABF Practicing Law Faculty Fellow Sida Liu spent more than a decade researching the work of Chinese criminal defense After the JD Study lawyers and their struggle for basic legal rights under an The ABF long has been recognized as the leading source authoritarian state. Their book, Criminal Defense in China: of research on legal education and the profession. One The Politics of Lawyers at Work (Cambridge University Press, of the ABF’s hallmark projects in this area is After the JD 2016) represents the first comprehensive social science (AJD), the first national longitudinal study of legal careers. study of the everyday work and political mobilization of AJD is following a large national sample of lawyers criminal defense lawyers practicing in China. Between admitted to the bar in 2000 over the first decade-plus of 2005 and 2015, Halliday and Liu collected extensive media their careers. AJD is a unique source of information on the data and conducted 329 interviews with Chinese criminal changing nature of legal careers. Data collection for Wave defense lawyers and human rights activists. Among other III of AJD was completed in early 2013. Data analysis on findings, Halliday and Liu revealed the following: this rich sample continues, and a capstone book project is • Five classifications of lawyers: progressive elites, now underway on the findings from the first three waves, pragmatic brokers, political activists, routine which include: practitioners, and notable activists. • Lawyers are moving away from private practice • A comparative and historical approach to the toward business (both as inside counsel and in non- growth of political liberalism among Chinese lawyers, law positions). In 2003, only 8.4% were working in the placing the movement within the framework of business sector; by 2012 that figure jumped to 20%. similar movements in Taiwan, Korea, Europe, and Meanwhile, the percentage of lawyers working in the Americas. private practice declined from 68.8% to 44.1% over • Among the respondents studied, the longer criminal the same period. defense lawyers remain in practice, the more their • The gender pay gap persists. In 2012, female motivation in pursuing justice and constraining respondents working full time earned 80% of state power increases. the pay reported by male respondents. • The political activism of Chinese activist lawyers is • The gender gap in attaining partnership persists. sustained not only by strong ideals, but also by the In 2012, 52.3% of female respondents working in social networks in which they are embedded (e.g. law firms were partners compared with 68.8% of collegial networks, human rights networks, religious male respondents. Of partners, 65.5% of men were networks, and transnational networks that include equity partners compared with 53% of women. foreign journalists, NGOs and foreign governments). • Overall, 40.8% of respondents said that the economic downturn of 2008-09 had no noticeable effect on The Future of Latinos their careers. Inaugural ABF William H. Neukom Fellows Chair in Diversity and Law Rachel F. Moran and ABF Research 76% of respondents indicated they were “moderately” Professor Robert Nelson co-direct the major research or “extremely” satisfied with their decision to become and planning initiative, The Future of Latinos in the United a lawyer. When asked whether law school was a “good States: Law, Opportunity, and Mobility. The Future of Latinos career investment” on a 1 to 7 scale, with 4 meaning is a nation-wide, interdisciplinary project dedicated to “neither agree nor disagree,” the mean score was 5.46, understanding and advancing research on the following: indicating a relatively positive assessment.

14 American Bar Foundation • www.americanbarfoundation.org • The current condition of Latinos in the United States. the legal profession and the academy. The study involved • The structural barriers that impede full equality and a national survey of over 1,000 of these professors and integration for this growing population. follow-up interviews with 100 of the survey participants. In their analysis of the experiences of these tenured • The sites of intervention that promise to be most law professors, Mertz and her colleagues discovered the effective in promoting opportunity and mobility following: through law and policy. • Nearly 39% of U.S. tenured law professors teach in Since its launch in 2015, the initiative has convened the 50 top-ranked law schools in the country, as leading regional policy makers and experts for a series compared to the remaining three tiers (comprising of national roundtable events focused on identifying 129 additional schools). Most law professors (60%) existing research and resources, understanding social teach in private institutions. and legal barriers to opportunity, developing reform • Educational levels of the mothers of professors of recommendations that support full integration and color and white women tended to be higher than inclusion, and cultivating a new generation of young those of white men. Latino leaders. • The vast majority of professors reported feeling The Financing of Legal Education respected and comfortable in their teaching positions, The American Bar Association’s (ABA) 2014-15 Task with 96% feeling respected by students and 98% Force on Legal Education examined the student costs feeling comfortable in the classroom. associated with legal education, specifically educational • Despite the fact that most tenured law professors debt and financial aid and scholarships. The Task Force’s expressed overall satisfaction with their work lives, consultant and reporter, ABF Research Professor Stephen female professors and professors of color reported Daniels, has been continuing the work of the Task Force differentially negative experiences. by analyzing existing data and collecting additional materials on the changing dynamics of legal education. The Task Force’s research revealed that: Protecting Rights, • Most law schools are heavily tuition-dependent for operating revenue. For one-quarter of them, Accessing Justice over 80% of revenue comes from tuition. Science and the Legal System • Accounting for inflation, private school debt ABF Research Professor Shari Seidman Diamond’s increased by 25% between 2005 and 2013, and research on the relationship between scientists and public school debt increased by 34%. engineers and the legal system has yielded a wealth • Between the Fall 2009 and Spring 2015 academic of findings, including the following: years, new enrollments declined 30% for private • Most of the scientists and engineers surveyed agreed law schools and 18% for public schools. to participate in lawsuits when asked, more often for After Tenure, Phases I & II educational and moral reasons than financial. The After Tenure study, led by Research Professor Elizabeth • If the scientists and engineers refused to participate Mertz, in collaboration with colleagues Frances Tung, in lawsuits when asked, it was mainly because they Katharine Barnes, and Wamucii Njogu, is the first in-depth lacked the time or relevant scientific expertise. examination of the lives of post-tenure law professors • Some of the scientists and engineers reported being in the United States. Post-tenure law professors play an uncomfortable with adversarial legal procedures important role in the American legal system by directing and would be more likely to participate in legal the initial screening and training of lawyers. Legal proceedings in the future if procedural changes academics can also directly affect the conceptualization were made. of national and local legal issues through their scholarship —These changes include having the opportunity or through their own personal involvement as advocates, to meet with an opposing trial expert and write a judges, or government officials. In addition to its mutual report and being able to serve as an expert contribution to our knowledge of law professors, the appointed by the judge instead of on behalf of a study also speaks to a larger body of literature on both certain legal party.

www.americanbarfoundation.org • 2018 Annual Report 15 Research Program

Diamond and co-author Richard O. Lempert, the Eric Policing and Political Participation Stein Distinguished University Professor (Emeritus) Policing and police misconduct have been important of Law and Sociology at the University of Michigan, topics in the news as well as for political scientists over published these results of this first-of-its-kind survey the past few years. However, despite the prominence in the Fall 2018 issue of Daedalus, the Journal of the of policing on the national agenda, scholars still know Academy of Arts and Sciences. very little about the extent to which police act in ways that are contrary to the public good and public safety. Employment Discrimination Primarily, this lack of information stems from a lack Research conducted by ABF Research Professors Laura of data and analytical techniques that can be used to Beth Nielsen and Robert L. Nelson, with Ellen Berrey, examine policing. This project is designed to address this considers how race may play a role in plaintiffs’ ability important dearth of information. ABF Research Professor to find a lawyer. By examining how plaintiffs of different and Northwestern University political scientist Traci Burch races use lawyers in employment discrimination cases, has begun to identify and collect existing data on policing the investigators found: in order to develop measures of “problem policing.” This • African-Americans are 2.5 times more likely than project is the first to attempt to measure multiple forms white plaintiffs to file employment discrimination of problematic policing and to examine their effects, both cases pro se, or without a lawyer. Other racial separately and simultaneously on political participation. minorities, including Hispanics and Asians, are Preliminary results from St. Louis, Missouri indicate 1.9 times more likely to file pro se than their white that voting precincts that experience higher rates of counterparts. police stops vote at lower rates, even after accounting for precinct differences in socioeconomic status, race, • Lack of information about the legal system, lack of and crime. trust in lawyers and their motives, and lack of time and resources to go through the arduous process of Roles Beyond Lawyers searching for a lawyer are all “bottom up” factors that ABF Faculty Fellow Rebecca Sandefur leads the ABF’s contribute to the disparity in representation. Access to Justice research initiative. Her report, Roles Parental Incarceration Beyond Lawyers: Evaluation of the New York City Court Navigators Program and Its Three Pilot Projects, assesses Research is being carried out at the ABF examining the the efficacy of legal navigator programs to bridge the effects of mass incarceration on individuals, families and access to justice divide for underrepresented individuals communities. With funding from the National Science in New York City’s civil courts. Roles Beyond Lawyers is Foundation (NSF), ABF Research Professor John Hagan the first comprehensive evaluation of this program and is engaged in a multi-phase research project examining the first of its kind in American civil courts. Her findings the social effects of mass incarceration and the impact of show the following: parental incarceration on children. According to Hagan’s research, approximately 700,000 inmates return each year • Litigants who received the help of any kind of to their families and communities from state prison and Navigator were 56 % more likely than unassisted half of these former prison inmates re-entering society litigants to say they were able to tell their side of are parents. the story (surveyed responses). A recently concluded phase of the project has • Tenants assisted by a Housing Court Answers revealed the following: Navigator were 87% more likely than unassisted • More than 3 million American children have an tenants to have their defenses recognized and incarcerated parent. addressed by the court. • The overall U.S. college graduation rate of 40% • In cases assisted by University Settlement Navigators, drops to 1-2% among children of mothers who zero percent of tenants experienced eviction from are imprisoned and to about 15% for children of their homes by a marshal. By contrast, in recent imprisoned fathers. years, one formal eviction occurs for about every nine nonpayment cases filed citywide. • Even if their own parents are not imprisoned, when children go to schools where 10-20% of other parents Sandefur conducted the study with Thomas M. Clarke are imprisoned, the college graduation rate drops from the National Center for State Courts with funding by half. from the Public Welfare Foundation.

16 American Bar Foundation • www.americanbarfoundation.org The Probative Versus Prejudicial Effect • Disadvantaged children who receive quality of Gruesome Photographs in Court early healthcare and education are more likely to Lawyers, judges, and juries are faced with a barrage demonstrate self-control, follow doctors’ instructions of evidence and argument displayed in visual form— and lead healthier lives as adults. sometimes gruesome in nature. Advances in hand- Heckman has also demonstrated that early childhood held video technology have made it commonplace for education helps reduce the following: accidents and crimes to be visually recorded. In the past • Lower the crime rate decade, the use of visual evidence and arguments during legal proceedings has exploded, but empirical research • Reduce the achievement gap on the effects of these tools for visual “meaning-making” • Reduce the need for special education has barely begun. Trials have always been battles over competing stories, but now these stories are being told In late 2016, Heckman released a new co-authored paper, through displays on courtroom screens. Courtroom The Life-Cycle Benefits of an Influential Early Childhood images can influence beliefs, emotions, and judgments Program, which compared two pre-kindergarten education in ways that have never been empirically examined. This programs aimed at disadvantaged children and provided project will investigate how these emotionally evocative the long-term, cost-benefit analysis of investing in these modes of visual evidence can affect the psychology of programs over 35 years. The findings from this paper jurors’ decision making processes through influence show the following: on their emotions, attention to evidence, and legal • High-quality birth-to-five programs for disadvantaged judgments at the individual and group level. children can deliver a 13% per year return on ABF Research Professor Janice Nadler and her investment—a rate substantially higher than the colleagues are undertaking a set of experiments that 7-10% return previously established for preschool represent a theoretically driven and nuanced evaluation programs serving 3- to 4-year-olds. Significant gains of how and why emotionally evocative photographs affect are realized through better outcomes in education, guilt and punishment judgments. Nadler and her team health, social behaviors, and employment. will: • Examine the extent to which gruesome photographs Surrogate Decision-Making (as opposed to verbal descriptions or neutral ABF Research Professor Susan Shapiro, using photographs) rouse negative emotion, causing jurors unprecedented data from two years of observation in two to pay more selective attention to case evidence that intensive care units at a major urban teaching hospital, is consistent with their emotions and away from is examining how surrogate decision-makers make evidence that is not consistent with them. medical—often end of life—decisions for patients unable to speak for themselves. Thus far, Shapiro’s real-time • Test legal safeguards such as substituting black and observations of medical decision making offer a very white photographs. different perspective on the effectiveness of advance • Examine the practice of instructing the jury on the medical directives than that suggested in previous potentially prejudicial influence of photographs. research based on retrospective accounts. In particular, • Examine the dynamic of group deliberation. Professor Shapiro finds the following: • Medical advance directives are of limited value as few people have them and those that exist are often Making and ignored by decision makers and physicians. • Advanced directives are not followed for a variety Implementing Law of reasons, including: —The directive not being in the patient’s chart. Economics of Human Potential —The directive not accurately reflecting the patient’s ABF Research Professor James J. Heckman is engaged in wishes. a multi-year study of the economics of human potential. —The directive being too abstract to provide His research has shown that investment in early meaningful guidance. education and healthcare for disadvantaged children from birth to age five helps increase the likelihood of —The surrogate decision-makers not following the healthier lifestyles. Heckman has shown the following: directive.

www.americanbarfoundation.org • 2018 Annual Report 17 Research Program

• At present, given the limitations of advance (e.g. colonial heritage, prior entrenchment patterns, directives, the best protection for potential patients regime-type, domestic, etc.) are crucial in understanding is to have a family member who is designated to be the development and spread of constitutional aware of the patient’s wishes and to honor them. institutions. They focus special attention on first constitutions and region as the drivers of adoption. Global Lawmaking Researchers are currently examining the following: Global lawmaking by international organizations holds • The factors that predict the adoption of new rights the potential for enormous influence over world trade in the entire corpus of rights. and national economies. Representatives from states, industries, and professions produce laws for worldwide • The role of international treaties in coordinating adoption in an effort to alter state lawmaking and rights provisions in national constitutions. commercial behaviors, whether of giant multi-national A Comparative History of U.S. corporations or micro, small and medium-sized Resistance to the Value-added Tax businesses. Who makes that law and who benefits This project, led by ABF Executive Director and Research from it affects all states and all market players. Global Lawmakers: International Organizations in the Professor Ajay Mehrotra, seeks to explore how and why Crafting of World Markets (Cambridge University Press, the United States has historically rejected national 2017) is a study conducted by ABF Research Professor consumption taxes. Nearly all developed, industrialized Terry Halliday and collaborator Susan Block-Lieb. Global countries, and many in the developing world have a Lawmakers offers the first extensive empirical study national consumption tax in the form of a Value-added of commercial lawmaking within the United Nations. Tax (VAT), except for the United States. This project It shows who makes law for the world, how they make focuses on the question: why no VAT in the United it, and who comes out ahead. Using extensive and States? unique data, the book investigates three episodes of In addressing this research question, this project lawmaking between the late 1990s and 2012. Through its explores three key historical periods: original socio-legal orientation, it reveals dynamics of • The 1920s when tax theorists in the United States competition, cooperation and competitive cooperation and Germany first began to conceptualize, formulate, within and between international organizations, and propose crude forms of value-added taxes. including the United Nations, World Bank, International • The decades of the mid-20th century when the Monetary Fund (IMF), and the International Institute United States seriously considered but rejected for the Unification of Private Law (UNIDROIT), as these national consumption taxes aimed at raising international organizations craft international laws. revenue for World War II. Similarly, after the war, during the U.S. occupation of Japan, American Writing Rights economic experts designed and implemented Tom Ginsburg, ABF Research Professor and Leo Spitz a proto-VAT for Japan that was adopted for Professor of International Law and professor of political a short period. science at the University of Chicago, and his colleagues are examining the origins and diffusion of rights in • During the 1970s and ‘80s American lawmakers national constitutions from 1789 to the present, using considered and even supported a U.S. VAT but new data from the Comparative Constitutions Project. In eventually withdrew their support or were ousted doing so, they offer a mix of quantitative and qualitative from political office for recommending a VAT. methodologies on a set of contemporary controversies At the same time, other developed countries, in history, political science, and law. Researchers have such as Japan and Canada, began to move identified the constitutions where various rights are first towards a national VAT. entrenched, explained why these rights were entrenched By focusing on these three key historical periods from where they were (and not in another constitution written a comparative perspective, this project seeks to study during the same era), and then assessed how these how and why the U.S. has failed to adopt national innovations in constitutional rights were propagated consumption taxes, like the VAT. around the world. Unlike the existing literature, which emphasizes international factors, the researchers argue that domestic political factors and country characteristics

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

Bernadette Atuahene J.D., Yale Law School; M.P.A., Harvard University Joint Appointment: Professor, ITT Chicago-Kent College of Law Research Interests: law and international development, particularly the dispossession and restitution of property rights in the developing world. Research has examined the challenges faced by transitional democracies that provide compensation for past property dispossession, as well as how land titling programs can best address urban poverty. Current ABF Project: Conceptualizing Property Takings

RESEARCH PROFESSORS Using the concept of a “dignity taking,” linking the unconsented taking of property rights with the deprivation of dignity which Atuahene has explored previously, this research project seeks to further understand the relationship between property and dignity and extends the earlier analysis to the case of squatting. Among other things, the research will help illuminate why some populations choose to squat instead of pursuing alternative accommodations, and how these risky and illegal actions may enhance or degrade their dignity.

Traci Burch Ph.D., Government and Social Policy, Harvard University Joint Appointment: Associate Professor of Political Science, Northwestern University Research Interests: U.S. criminal justice system, political behavior, and structural inequality. Current ABF Project: Policing and Political Participation Despite the prominence of policing and police misconduct on the national agenda, scholars still know very little about the extent to which police act in ways that are contrary to the public good and public safety. Primarily, this lack of information stems from a lack of data and analytical techniques that can be used to examine policing. This project addresses this important dearth of information and will develop measures of problematic policing over a series of papers and attempt to examine the effects of problematic policing on voter turnout and political protest. Burch will identify and collect existing data on policing in order to develop measures of “problem policing.” This project will be the first to attempt to measure multiple forms of problematic policing and to examine their effects both separately and simultaneously.

Devon Carbado William H. Neukom Fellows Research Chair in Diversity and Law (2018-19); J.D., Harvard Law School Joint Appointment: UCLA School of Law Research Interests: Employment discrimination, criminal procedure, constitutional law and identity Current ABF Projects: The 4th: From Stop and Frisk to Shoot and Kill with One Amendment An examination on race and police violence, The 4th: From Stop and Frisk to Shoot and Kill with One Amendment is under contract with the New Press. The book will focus on how a particular area of Fourth Amendment law— stop-and-frisk jurisprudence—facilitates police violence against African Americans. Critical Race Judgments: Rewritten Court Opinions on Race Critical Race Judgments is part of a broader effort to reimagine past court decisions from a range of scholarly perspectives. This book is an edited volume with Bennet Capers, Angela Onwuachi-Willig, and Robin Lenhardt, and is under contract with Cambridge University Press.

www.americanbarfoundation.org • 2018 Annual Report 19 Research Faculty

Stephen Daniels Ph.D., Political Science, University of Wisconsin Research Interests: law and public policy, legal education, the legal profession, access to justice, and the American civil justice system. Research has addressed innovation in legal education, the delivery of legal services, civil juries, trial courts, plaintiffs’ lawyers, medical malpractice, punitive damages, and the politics of civil justice reform. Current ABF Projects: Access is the Bottom Line: Alternative Legal Professionals and the Contingent Nature of Innovation

RESEARCH PROFESSORS The lack of access to competent legal assistance is a continuing problem. Recently, bar groups, the courts, and academic commentators have given increasing attention to a range of access-enhancing innovations, all of which share a greater role for nonlawyers. This project explores the recent diffusion of one of those innovations—Washington State’s Limited Licensed Legal Practitioner program. Created in 2012, the program provides for the first licensed, mid-level professional authorized by a state to perform certain kinds of “substantive law-related work” without the supervision of an attorney. Since then, other states have looked closely at this innovation for enhancing access. This project examines the origins, development, characteristics, and goals of the Washington State program; and then examines the program’s role in the efforts of other states, as they considered following Washington State’s approach to enhancing access. The Financing of Legal Education (in part with David Thomson) This project will follow up on and expand on the work of the 2014-15 American Bar Association Task Force on the Financing of Legal Education (Daniels served as the reporter and consultant for the Task Force). It does so by fully analyzing the data collected as a part of the Task Force’s work in combination with additional relevant data and materials relevant to the challenges facing legal education. Like the Task Force itself, this project takes seriously the need to mine and analyze the best available data relevant to the challenges facing legal education—not just financing. The project has been supported by a grant from Access/Lex Institute.

Shari Seidman Diamond Ph.D., Social Psychology, Northwestern University; J.D., University of Chicago Joint Appointment: Howard J. Trienens Professor of Law and Professor of Psychology, Pritzker School of Law, Northwestern University Research Interests: legal decision-making, including conflicts between expertise and impartiality, discretion and control; equality and individuation; and science and law. Research addresses how these conflicts influence jury and judicial decision-making, judgments about fairness, and how courts use and fail to make use of scientific evidence. Current ABF Project: Science and the Legal System (with Richard O. Lempert) The legal system often, and increasingly, calls on scientists and engineers for assistance. Some commentary suggests that scientists regard the legal system with suspicion and discomfort. What stands in the way of effective engagement in law by high-quality scientists? What legal or policy changes would aid in overcoming those obstacles? This year, Diamond and Lempert published the results of a survey of distinguished scientists and engineers that was designed to examine these issues, providing the first systematic, empirically-grounded look at the sometimes-strained relationship between science and law. In collaboration with the American Academy of Arts and Sciences, Diamond and Lempert invited scientist-attorney author pairs to write papers at the intersection of science and law for a Special Issue of the Academy’s journal, Dædalus, which appeared in Fall 2018. The project’s next step will be to hold focus groups with practicing trial attorneys to discuss the feasibility of some of the changes we identified that might facilitate scientific communication in the courtroom.

20 American Bar Foundation • www.americanbarfoundation.org Tom Ginsburg Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D., Boalt Hall School of Law University of California, Berkeley Joint Appointment: Leo Spitz Professor of Law and Professor of Political Science, University of Chicago Research Interests: the drafting, design, and implementation of national constitutions; legal reform in Northeast Asia; international law; and judicial independence. Current ABF Project: Constitutional Design for Territorially Divided Societies: The Future of the Middle East This proposal presents a set of activities to try to advance our understanding of territorial cleavages in constitutional design. It seeks to draw lessons from recent experiences to generate policy proposal for the future, focused especially on the Middle East and North Africa. Democracies and International Law: The Trials of Liberal Theory This project evaluates the liberal theory of international law with empirical evidence. Liberal theory assumes that democratic societies will be more inclined than others to cooperate on the international plane, but we do not know much about whether this is the case. This project seeks to develop testable propositions from liberal theory, and then to test them by examining whether and how democracies actually do behave with regard to international legal institutions. It will also ask about the relationship between international institutions and democratic backsliding.

John Hagan Ph.D., Sociology, University of Alberta Joint Appointment: John D. MacArthur Professor of Sociology and Law, Northwestern University Research interests: the intersection of international criminal law, war crimes, war resistance, mass incarceration, lawyers, and domestic criminality. Current ABF Project: Adolescent and Adult Lives of Children of Parents Returning from Prison What is the impact on a child of a parent returning from prison? This project collects data on the historic return of parents from prison and its impact on the lives of their children. The children of parents returning from prison continue to confront risks of systemic exclusion resulting from the “marking” of their parents, with exclusion taking multiple forms: for example, legal (justice system contact), residential (homelessness), social (isolation), political (disenfranchisement), and health (depressive symptoms). This project is especially concerned with education as a focal mediator of systemic exclusion. We seek to explain variation in specific and combined outcomes that culminate in compounding disadvantages involving three theoretical elements: (1) selection and self-control, (2) state governmental regimes and stigmatization, and (3) socialization and strain. The challenge is to expand our understanding of intergenerational consequences of incarceration and reentry to society.

www.americanbarfoundation.org • 2018 Annual Report 21 Research Faculty

Terence Halliday Ph.D., Sociology, University of Chicago Joint Appointment: Adjunct Professor of Sociology, Northwestern University; Honorary Professor, School of Regulation and Global Governance, Australian National University Research Interests: the globalization of law in markets and politics. Research on law and markets focuses on international trade law with special reference to the ways in which international trade organizations (such as UNCITRAL, UNIDROIT, and the Hague Conference on Private International Law) create global norms in such diverse areas as corporate bankruptcy law, maritime law, and secured transactions. Research on globalization and politics is part of an international research collaborative and analyzes the support or resistance of the legal complex (e.g., lawyers, RESEARCH PROFESSORS judges, prosecutors, law faculty) to the advance of political liberalism worldwide. The most recent project completes research on China’s criminal defense lawyers to protect basic legal freedoms. Current ABF Project: Lawyer Activism in China (with Sida Liu) For the past decade, this project has undertaken research on lawyers and defense of basic legal freedoms in China through the lens of everyday criminal defense practice. Halliday and ABF Faculty Fellow Sida Liu (University of Toronto) found significant evidence that a small but critical proportion of China’s criminal defense lawyers are strongly critical of the country’s current illiberal political society and legal system. Notable activist and grassroots lawyers have been striving for a China that protects basic legal freedoms, energizes a vibrant civil society, and moves towards a moderate state. These efforts have met with growing resistance by the Party-state, crystallized in a nationwide crackdown against rights defense lawyers in mid-2015. Halliday’s current research with Liu investigates how international public opinion, states and non-organizations are mobilizing to influence China as it deviates farther and farther from international norms on human rights and rule of law. The research focuses on sites of struggle (e.g., UN Human Rights Council; Hong Kong), the mobilization of international NGOs which advocate for legal rights, ethnic and religious freedoms, developments in traditional and new media coverage of China, the activism of overseas lawyers’ organizations, the dramas and rhetoric of international discourse, and linkages between international civil society and China’s domestic activist lawyers.

James J. Heckman Ph.D., Economics, Princeton University Joint Appointment: Henry Shultz Distinguished Service Professor, Department of Economics and the College, University of Chicago Research Interests: the economics of human flourishing, or the circumstances under which people are able to develop the skills to thrive in our current economy. These encompass the conventional, cognitive sense of the word (education, on-the-job training) as well as the non-cognitive sense (such as the qualities of perseverance and accountability). Developing theoretical models of parental choice and child preference formation, as well as intergenerational models of family influence. Current ABF Project: Analyzing the Influential Early Childhood Policies that are Proven to Promote Human Flourishing: Understanding Which Strategies Work (Including a Cost-Benefit Analysis) and Why A large and growing literature documents the effectiveness of early childhood interventions on a variety of outcomes, including crime, education, teenage pregnancy, earnings, health, and mental health. The evidence points to the effectiveness of prevention as opposed to later-life remediation of these same problems. This project is strengthening the evidence and interpreting it more finely with an eye toward guiding the design of effective laws and policy and determining which programs work.

22 American Bar Foundation • www.americanbarfoundation.org Carol A. Heimer Ph.D., Sociology, University of Chicago Joint Appointment: Professor of Sociology, Northwestern University Research Interests: ; global and transnational sociology. Research has focused on the relationship between law and other systems of rules and norms; the diffusion of more legalistic forms of governance to healthcare (HIV clinics, infant intensive care units); and the diffusion and adaptation of rules as they flow across boundaries. Current ABF Project: The Legal Transformation of Medicine: How Rules Work in the International World of HIV/AIDS This book project braids together investigations of three transformative events—the “legalization” and globalization of medicine and the advent of HIV/AIDS—in a study of how laws, regulations and other rules are actually used in HIV research and treatment in the United States, Uganda, South Africa, and Thailand. It investigates what happens when laws, regulations, and guidelines, admittedly created with the best of intentions, are transported to new sites where they confront the realities of medical care, clinical research, and healthcare administration in developing countries—resource shortages, desperate patients, culturally- based miscommunications about ethical principles, discrepancies between first-world research designs and third-world research settings, as well as the mundane uncertainties typical of the encounter between medicine and human biology.

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

Steven D. Levitt (on leave) Ph.D., Economics, Massachusetts Institute of Technology Joint Appointment: William B. Ogden Distinguished Service Professor of Economics, University of Chicago Research interests: crime, the criminal justice system, and corruption, and a wide variety of issues related to racial disparity and education

www.americanbarfoundation.org • 2018 Annual Report 23 Research Faculty

Ajay K. Mehrotra ABF Executive Director and Research Professor; Ph.D., History, University of Chicago; J.D., Georgetown University Law Center Joint Appointment: Professor of Law, Northwestern University, Pritzker School of Law; Affiliated Professor of History, Northwestern University Research Interests: tax law, legal history, economic inequality, history of the American legal profession, and the relationship between taxation and American state formation in historical and comparative contexts Current ABF Project:

RESEARCH PROFESSORS The VAT Laggard: A Comparative-History of U.S. Resistance to the Value-added Tax This project seeks to explore how and why the United States has historically rejected national consumption taxes. Nearly all modern, industrialized countries, and many in the developing world, have a national consumption tax in the form of a Value-added Tax (VAT), except for the United States. This project focuses on the question: why no VAT in the United States? It explores three key historical time periods from a comparative perspective to study how and why the U.S. has failed to adopt national consumption taxes, like the VAT.

Elizabeth Mertz Ph.D., Anthropology, Duke University; J.D., Northwestern University Pritzker School of Law Joint Appointment: John and Rylla Bosshard Professor of Law Emerita, University of Wisconsin Law School Research Interests: the language of law, legal education, social science and law. Current ABF Projects: Senior Status, Gender, and Race in the Legal and Liberal Arts Academies— Phase II (with Katharine Barnes and Frances Tung) While many of the more overt forms of discrimination are arguably on the wane, scholars have identified a number of “second generation” problems in employment discrimination. These include structural and cultural exclusion and other attitudes that create hostile or unpleasant work environments. This study is examining the post-tenure experience of law professors, addressing several core questions: Do the experiences of female or minority law professors differ significantly from those of white male law professors? Is there variation in law professors’ experience according to institutional characteristics of the law schools in which they teach? The study will provide the first national-level picture of law professors’ post-tenure experiences, along multiple dimensions. A book announcing the results of Phase II of the project (in addition to more findings from Phase I) titled, American Law Professors at the Edge of Change, is currently in progress.

Janice Nadler Ph.D., Social Psychology, University of Illinois; J.D. Boalt Hall School of Law, University of California, Berkeley Joint Appointment: Nathaniel L. Nathanson Professor of Law, Northwestern University, Pritzker School of Law Research Interests: social psychology and law, focusing on compliance with the law; the psychology of property; perceptions of responsibility and fairness; and negotiation and conflict Current ABF Projects: Public Opinion, Private Governance, and the Influence of Source Credibility This project seeks to explore whether corporate endorsements and implementation of practices influence public support for legislation and regulation that would generally mandate such practices. While scholars

24 American Bar Foundation • www.americanbarfoundation.org have addressed the effects of popular media and the rise of a hyper-politicized media on popular attitudes and the production of law, they have largely ignored the possible effects of corporate endorsements and the implementation of practices on popular attitudes and, hence, the lawmaking and regulatory processes. This project aims to fill that gap in the literature, building on experimental surveys, case studies and theoretical analysis. The Probative Versus Prejudicial Effect of Gruesome Photographs in Court Courtroom images can influence beliefs, emotions, and judgments in ways that have never been empirically examined. This project will investigate how these emotionally evocative modes of visual evidence can affect the psychology of jurors’ decision-making processes, through influence on emotions, attention to evidence, and legal judgments at the individual and group level. We plan to examine the extent to which gruesome photographs (versus verbal descriptions or neutral photographs) rouse negative emotion, causing jurors to pay more selective attention to case evidence that is consistent with their emotions and less attention to evidence that is not consistent with them.

Robert L. Nelson ABF Director Emeritus; MacCrate Research Chair in the Legal Profession; Ph.D., Sociology, Northwestern University; J.D., Northwestern University, Pritzker School of Law Joint Appointment: Professor of Sociology and Law, Northwestern University, Pritzker School of Law Research Interests: the social organization of law practice and the relationship between law and social inequality. Research has addressed transformations in the legal profession, the role of corporate counsel, gender inequality, and employment discrimination. Current ABF Projects: The Future of Latinos in the United States: Law, Opportunity and Mobility (with Rachel F. Moran) This project is a nation-wide, interdisciplinary research initiative devoted to understanding the current condition of Latinos in the United States, the structural barriers that impede full equality and integration for this emerging population, and the sites of intervention that promise to be most impactful in promoting opportunity and mobility through law and policy. The goal of the project is to generate findings that can be converted into concrete recommendations for reform and readily utilized by organizations and individuals to effect change. The project is in the process of executing five regional roundtables and a national summit. After the JD: Analysis and Book Write-Up (with Ronit Dinovitzer, Bryant Garth, Robert Nelson, Gabriele Plickert and Joyce Sterling) Designed as a longitudinal study of lawyers’ careers, After the JD is tracking the professional lives of more than 4,500 lawyers during their first twelve years after law school. After three waves of data collection on lawyers, the project can explore the full range of factors—personal, professional, and contextual—that lead to different career outcomes. The influence of gender, race and ethnicity, in particular, will be more apparent as these lawyers have become more established in their careers and personal lives. Academic Programming for Diversity and Law—Phase II This research initiative supports the ABF’s program of diversity research and includes the Research Group on Legal Diversity. Scholars are examining trends in diversity in the legal profession and other institutions of justice, as well as the impact of diversity on legal processes and institutions. A collection edited by Nelson and Atinuke Adideran entitled, “Metrics, Diversity, and Law” was published online by the ABF in September 2018.

www.americanbarfoundation.org • 2018 Annual Report 25 Research Faculty

Laura Beth Nielsen Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D. Boalt Hall School of Law, University of California, Berkeley Joint Appointment: Professor of Sociology and Law, Director of Legal Studies, Northwestern University Research Interests: the sociology of law, with a particular interest in legal consciousness and the relationship between law and inequalities of race, gender, and class, civil rights generally and employment civil rights in particular. Current ABF Projects: Consent to Sex on Campus

RESEARCH PROFESSORS This project is a multi-year, large-scale data collection and analysis phase of a research project about “new” civil rights. Nielsen is studying the impact (if any) of the Obama-era “Dear Colleague” (DCL) letter on undergraduates at universities, as they relate to drinking, drugs, and sexual activity. The project combines a large-scale quantitative analysis of Title IX compliance policies at a national, random sample of universities, along with a large-scale, in-person interview phase with undergraduates at five college campuses in the Midwest about Title IX compliance regarding sexual assault among undergraduates. The research also will incorporate (as is possible), the current dismantling of these regulations by the Trump Administration. The study builds on Nielsen’s previous scholarly work investigating the dissemination of information about civil rights, how organizations respond when they are responsible for enforcement, the institutional structures that interfere or complement achieving the goals of the civil rights movement, and, most importantly, how, if at all, ordinary people think about, integrate, and ignore law as they go about their daily life. Contested Constructions of Discrimination (with Jill D. Weinberg and Jeremy Freese) Despite the volume of empirical research about employment civil rights litigation, we know very little about how people come to assess whether workplace experiences are thought to be “discrimination” or “personal disputes.” This project combines a quantitative analysis of judges’ and laypeople’s determinations about whether hypothetical workplace disputes rise to the level of discrimination with qualitative in-depth interviews of judges to probe this determination further. Drawing on the legal consciousness and judicial decision-making literatures, this research examines the effect of social status, workplace context, plaintiff characteristics, and dispute characteristics on the likelihood that a person determines that a workplace dispute constitutes discrimination.

Jothie Rajah Ph.D., University of Melbourne; LL.B., National University of Singapore Research Interests: the intersections of law, language and power in the following areas: law, legitimacy and authoritarianism; international organizations and the global public sphere in constructions of norms for the rule of law; and the relationship between law, religion and national identity. Current ABF Project: Rule of Law Discourses ‘Rule of law’ is a concept and category that is incessantly invoked in the international public domain. At different times and in different hands, a range of different meanings has attached to ‘rule of law’. In response to the impact of the post-9/11 rule of law, this project includes both doctrinal and non-doctrinal articulations of meanings, values, and relations for rule of law. A forthcoming monograph, Seeing Law: Authority and Legitimacy in a Post-9/11 World, is driven by a protective and passionate concern for rule of law as a legal, social, and political ideal. Seeing Law examines both standard legal text—legislation—as well as non-doctrinal texts to illuminate legal meanings, relations, and values that are being constructed and disseminated in ways that tend to evade critical attention. In particular, Seeing Law is motivated by the striking contrast in visibility that marks the events of 9/11, and the visible legal response.

26 American Bar Foundation • www.americanbarfoundation.org Susan P. Shapiro Ph.D., Sociology, Yale University Research Interests: the social construction, social organization, and social control of fiduciary or trust relationships. Research has examined topics such as white-collar crime, ethics, conflict of interest, the professions, the news media, guardianship, and surrogate decision-making. Current ABF Project: Surrogate Decision Making at the End of Life This study of surrogate decision making explores how fiduciaries who act on behalf of the most vulnerable— who have become incompetent or incapacitated and unable to communicate with others about their interests, needs, or values—exercise their responsibilities. From observations in two intensive care units, the study records the questions surrogates ask, the concerns and values they articulate, their statements about the patient, the memories they share, the criteria they weigh, the things they don’t say or ask, the disagreements among one another they negotiate, and the medical decisions that they make and remake. The study also collects information on how health care providers interact with these spokespersons for their patients, the conditions under which they confer with them, and how they frame the issues, advise them, and influence the decisions. The study also tracks the role of advance directives in structuring the process decision makers follow and the outcomes that result.

Victoria Saker Woeste Ph.D., Jurisprudence and Social Policy, University of California, Berkeley Research Interests: research has examined how law mediates and shapes the relationships among the state, the market, and society in U.S. history, as well as uncovered institutional and organizational responses to legal and economic change. Current ABF Project: Reconstituting Civic Community: Hate Speech and the State, 1964-1990 This project is an article-length project on hate speech, hate speakers, and their relationship to the state and society in the United States. The project will interrogate how the Westboro Baptist Church (WBC) uses law to further its agenda and in so doing becomes a compelling legal subject. The WBC has made itself notorious for using public occasions of mourning, particularly the funerals of military service members, to proclaim its interpretation of God’s word on subjects ranging from homosexuality to idolatry and adultery. By analyzing the WBC’s activities, Woeste hopes to gain an understanding of its legal strategies and mobilization of the First Amendment in defense of its members’ rights. The project will produce an interpretative synthesis of First Amendment jurisprudential foundation and analyze its impact on the changing nature of speech rights. It will also recover the legal career of WBC founder the Rev. Fred W. Phelps Sr. (1929-2014), whose checkered legal practice featured a steady stream of federal cases challenging school desegregation and employment discrimination in Topeka and Wichita, Kansas.

www.americanbarfoundation.org • 2018 Annual Report 27 Research Faculty

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

Bryant G. Garth Ph.D., European University Institute; J.D., Stanford Law School Vice Dean and Distinguished Professor of Law, Co-Director, Center for Empirical Research on the Legal Profession, University of California, Irvine; Director Emeritus, American Bar Foundation AFFILIATED RESEARCH PROFESSORS AFFILIATED Research Interests: the legal profession, dispute resolution, and internationalization. The topics intersect around the question of how internationalization—seen as the import and export of ideas, technologies, approaches, resources, and hierarchies—affects the position and importance of law in regulating the economy and the state; and the changing role of the legal profession in the United States.

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

Robert J. Sampson Ph.D., Sociology, State University of New York at Albany Henry Ford II Professor of the Social Sciences, Harvard University Research Interests: crime, disorder, the life course, neighborhood effects, civic engagement, urban inequality, “ecometrics,” and the social structure of the city.

Christopher L. Tomlins Ph.D., History, Johns Hopkins University Elizabeth J. Boalt Professor of Law, University of California, Berkeley Research Interests: Anglo-American legal history, from the beginning of the sixteenth century into the later twentieth century. Currently engaged in research on the Southhampton (Virginia) slave revolt of 1831, known as the Turner Rebellion. Additional work includes research on the history of contemporary legal thought, on the philosophy of legal history, and on the materialist jurisprudence detectable in the work of the German literary critic Walter Benjamin.

28 American Bar Foundation • www.americanbarfoundation.org Ronit Dinovitzer Ph.D., Sociology, University of Toronto Joint Appointment: Professor of Sociology, University of Toronto Research Interests: the sociology of law, with a particular interest in the legal profession, focusing on the sources of inequality within the profession and the mechanisms that produce and reproduce them. Recent work has examined the gender gap in lawyer incomes, the distribution of lawyer satisfaction, and the career trajectories of urban law

FACULTY FELLOWS FACULTY school graduates. Current ABF Projects: After the JD (with Bryant Garth, Robert Nelson, Gabriele Pickert, Meghan Dawe, and Joyce Sterling): Please refer to Robert L. Nelson’s entry for project description.

Sida Liu Ph.D., Sociology, University of Chicago; LL.B., Peking University Law School Joint Appointment: Assistant Professor of Sociology and Law, University of Toronto; Affiliate Faculty, Center on the Legal Profession, Harvard Law School; Affiliated Scholar, U.S.-Asia Law Institute, New York University Research Interests: the sociology of law, with an empirical focus on the legal professions in China, Hong Kong, and Taiwan and a theoretical interest in law as a social space. Current ABF Project: The Rise of Lawyer Activism in China (with Terence Halliday): Please refer to Terence Halliday’s entry for project description.

Justin B. Richland Ph.D., Anthropology, University of California, Los Angeles; J.D., University of California, Berkeley Joint Appointment: Associate Professor of Anthropology and the Social Sciences, University of Chicago Current ABF Research Project: Open Fields: Ethics, Aesthetics, and the Very Idea of Natural History This project explores whether changes in federal laws regarding Native American cultural property and human remains (especially the Native American Graves Repatriation and Protection Act) are impacting how tribal nations in the United States are engaging with non-native institutions and agencies that control those materials. This includes not only federal agencies like the U.S. Forest Service and the Bureau of Land Management, but also federally funded private institutions like the Field Museum of Natural History and the American Museum of Natural History. This is part of a larger project that explores the details of negotiations between native and non-native officials in government and related institutions, and how a close analysis of these engagements sheds light on the regulatory practices of notice-and-comment that make up the regular site of government-to-government engagement between the United States and tribes today.

www.americanbarfoundation.org • 2018 Annual Report 29 Research Faculty

Rebecca L. Sandefur Ph.D., Sociology, University of Chicago Joint Appointment: Associate Professor of Sociology and Law, University of Illinois at Urbana-Champaign Research Interests: access to justice, how legal services are delivered and consumed, how civil legal aid is organized around the nation, the role of pro bono, the efficacy of lawyers and non-lawyers as advocates and representatives, and how ordinary people think about their justice problems and try to solve them.

FACULTY FELLOWS FACULTY Current ABF Projects: Accessing Justice in Contemporary America: The Community Needs and Services Study (CNSS) The CNSS project investigates the American public’s experiences with civil justice problems and the institutions of remedy that exist for those problems. The study focuses on a core set of commonly experienced problems that have civil legal aspects, raise civil legal issues, and have consequences shaped by civil law. It has three components: (1) The Public Survey, which produces a portrait of people’s experiences with their justice problems, including when and where they turn for assistance with and information about these problems, and how these problems affect their lives; (2) The Provider Survey, which produces a portrait of the institutions of remedy for civil justice problems in the study community; (3) The In-depth Interview Study, which produces a rich portrait of people’s subjective understandings of their own justice problems, and provides deep insight into why they respond to them as they do. The study draws on a theoretical approach that conceptualizes civil justice as a social institution. Understood in this way, civil justice concerns how justice problems get handled and resolved (or not). Conceptualizing civil justice as a social institution directs attention to the range of ways that people respond to their justice problems, the variety of resources they may draw upon, and the broader impacts of law on people’s lives. Increasing Access to Justice: Legally Empowering Technologies This research examines the commodification of professional expertise and its distribution to ordinary people through technology. It focuses on digital technologies that allow nonlawyers to understand, diagnose, or act on legal problems. Research questions include efficacy—for example, do the tools help solve people’s problems by producing repairs to substandard apartments or legal documents that successfully perform in court—but also questions of whether and how expertise and confidence are actually distributed to the public through these tools: that is, questions of legal empowerment. This new project is currently in the midst of data collection, but early findings reveal the value of pairing the study of legal expertise and legal institutions with the study of public experience with justice problems. A striking first finding is a substantial mismatch between available tools and people’s needs: few existing tools assist people with the kinds of justice problems that research shows people actually have.

Christopher W. Schmidt Ph.D., History of American Civilization, Harvard University; J.D., Harvard Law School Joint Appointment: Professor, Associate Dean for Faculty Development, Norman and Edna Freehling Scholar, ITT Chicago-Kent College of Law Research Interests: the intersection of social movement mobilization and constitutional change in American history; the ways in which constitutional claims emerge and develop outside the courts; and the effect of these extrajudicial claims on legal doctrine. Current research focuses on the evolution of the term “civil rights” in the United States from the Civil War to today and the history of the modern U.S. Supreme Court and its relationship with the American people. Current ABF Projects: The Sit-Ins: Protest and Legal Change in the Civil Rights Era This is the first book-length history of the lunch counter sit-in movement of the 1960s. It tells the story of how the student lunch counter sit-in demonstrations that swept across the South in the 1960s sparked a national debate over the meaning of the Constitution’s requirement that all Americans receive equal protection of the law.

30 American Bar Foundation • www.americanbarfoundation.org Civil Rights: An American History This book project offers a history of how Americans have struggled over the meaning of the term “civil rights” from the Civil War through today. It provides an historical case study of how the words and categories by which we understand our world become objects of contestation and points of leverage for social, political, and legal action.

Meghan Dawe Ph.D., Sociology, University of Toronto Research Interests: law and inequality, with a focus on inequality and stratification in the legal profession. Current ABF Project: After the JD (with Bryant Garth, Robert Nelson, Gabriele Plickert, Ronit Dinovitzer, and Joyce Sterling) Please refer to Robert L. Nelson’s entry for project description.

Elizabeth L. Murphy M.A., Sociology, University of Illinois, Chicago

RESEARCH SOCIAL SCIENTISTS Research Interests: jury decision making and ways to assist courts in optimizing jury trials.

Caroline Tipler (through August 2018) Ph.D., Social Psychology, Tulane University Research Interests: gender, dehumanization, stereotyping, and social cognition. One aspect of her research focuses on the relationship between gender, status, and power, while the other investigates the impact of dehumanizing communications on attitudes towards outgroup members.

Frances Tung Ph.D., Psychology, Suffolk University Research Interests: law professors and the legal profession. Current ABF Research Project: Senior Status, Gender, and Race in the Legal and Liberal Arts Academies— Phase II (with Elizabeth Mertz and Katherine Barnes) Please refer to Elizabeth Mertz’s entry for project description.

www.americanbarfoundation.org • 2018 Annual Report 31 Selected Publications

Bernadette Atuahene Ronit Dinovitzer • “Taxed Out: Illegal property tax assessments and the • “Critical Essay: Inserting professionals and professional epidemic of tax foreclosures in Detroit,” (w. C. Berry), organizations in studies of wrongdoing: The nature, UC Irvine Law Review (Forthcoming) antecedents, and consequences of professional • “‘Our Taxes Are Too Damn High’: Institutional Racism, misconduct,” (w. C. Gabbioneta, J.R. Faulconbridge, Property Tax Assessments and the Fair Housing Act,” 112:6 G. Currie, and D. Muzio), Human Relations (2018) Northwestern Law Review 1501 (2018) • “The Status–Health Paradox: Organizational Context, • Stategraft (w. T. Hodge), 91:2 Southern California Law Review Stress Exposure, and Well-being in the Legal Profession,” 263 (2018) (w. J. Koltai and S. Schieman), 59:1 Journal of Health and Social Behavior, 20-37 (2017) Traci Burch • “Political Equality and the Criminal Justice System,” in C. Bryant G. Garth Klofstad, ed., New Advances in the Study of Civic Voluntarism: • “Diversity, Hierarchy, and Fit in Legal Careers: Insights Resources, Engagement, and Recruitment (Temple University from Fifteen Years of Qualitative Interviews,” (w. J.S. Press, 2016) Sterling), 31 Georgetown Journal of Legal Ethics 123 (2018) • “Review of The First Civil Right by Naomi Murakawa,” The • “Practicing Virtue: Inside International Arbitration,” 19:1 Forum (2016) Journal of World Investment and Trade 155 (2018) • “Battles Around Legal Education Reform: From Entrenched John L. Comaroff Local Legal Oligarchies to Oligopolistic Universals. India • The Politics of Custom: Chiefs, Capital, and the State in as a Case Study,” (w. Y.M. Dezalay), 3 UC Irvine Journal of Contemporary Africa (The University of Chicago Press, 2018) International, Transnational, and Comparative Law (2018) • “Colonialism,” in A. Masquelier & G. Desai, eds., Critical Terms for the Study of Africa (University of Chicago Press, 2018) Tom Ginsburg • “Constitutional Design Options for the Middle East,” in Stephen Daniels A. Bali and O. Dajani, eds., Constitutions and Territory in the • “The Perennial (and Stubborn) Challenge of Cost, Middle East (Forthcoming) Affordability, and Access iIn Legal Education: ‘We Will • How to Save a Constitutional Democracy (w. Aziz H. Huq) Continue to Muddle Through,’” in M. Deo, M. Lazarus-Black, (University of Chicago Press, 2018) and E. Mertz, eds., Legal Education Across Boundaries (Ashgate • “Constitutional Design Options for Problems of Enduring Publishing, 2018) Territorial Cleavages,” in G. Anderson and S. Choudhry, • “If You Build It, They Will Come: What Law Students Say eds., Constitutions and Territorial Cleavages (Oxford about Experiential Learning” (w. D. Thomson), Florida A&M University Press, 2018) Law Review (2018) • “Comparative Constitutional Law: State of the Discipline,” Shari Seidman Diamond in D.S. Law and W. Chang, eds., Comparative Constitutional Law (Oxford University Press, 2018) • “Science and the Legal System: Introduction,” (w. R.O. Lempert), 147:4 Daedalus, Journal of the American Academy John Hagan of Arts and Sciences 5 (2018) • “Dual-Process Theory of Racial Isolation, Legal Cynicism, • “When Law Calls, Does Science Answer? A Survey of and Reported Crime,” (w. B. McCarthy, D. Herda, and A.C. Distinguished Scientists and Engineers,” (w. R.O. Lempert), Chandrasekher), 115:28 Proceedings of the National Academy 147:4 Daedalus, Journal of the American Academy of Arts and of Science 7190 (2018) Sciences 41 (2018) • “Economic Insecurity and Gun Violence in Schools,” • “The Contemporary American Jury” (w. M.R. Rose), 14 Annual (w. A.R. Pah, A.L. Jennings, A. Jain, K. Albrecht, L.A.N. Review of Law and Social Science 239 (2018) Amaral), Nature Human Behaviour 6 (2017) • “Coping with Modern Challenges and Anticipating the Future • “Maternal imprisonment, economic marginality, and of Criminal Jury Trials,” in C. Najdowski and M. Stevenson, unmet health needs in early adulthood,” (w. H. Foster), eds., Criminal Juries in the 21st Century: Psychological Science 99 Preventive Medicine 43 (2017) and the Law, 297-315 (Oxford University Press, 2018) • “Parental Imprisonment: Inter-institutional, Inter- • “Jury Research,” in T. Grisso & S. Brodsky, eds., The Roots of generational and Inter-sectional Models of Inequality Modern Psychology & Law: A Narrative History, 61-77 (Oxford and Systemic Exclusion” (w. H. Foster), 41 Annual Review University Press, 2018) of Sociology 135 (2017)

32 American Bar Foundation • www.americanbarfoundation.org A full list of publications is available on the ABF website, under each faculty profile. www.americanbarfoundation.org/faculty/faculty-profiles.html

Terence Halliday • “The International Legal Complex: Wang Yu and the Global Response to Repression of China’s Rights’ Lawyers,” in R. Greenspan, H. Aviram, and J. Simon, eds., The Legal Process and the Possibility of Justice: Research in the Tradition of Malcolm Feeley (Cambridge University Press, Forthcoming) • Constitution-Making and Transnational Legal Orders, in G. Shaffer, T. Ginsburg, T.C. Halliday, eds., (Cambridge University Press, Forthcoming) • “Plausible Folk Theories: Throwing Veils of Plausibility over Zones of Ignorance in Global Governance,” British Journal of Sociology (Forthcoming) • “With, Within, and Beyond the State: The Promise and Limits of Transnational Legal Ordering,” (w. G. Shaffer), in P. Zumbansen, ed. Oxford Handbook of Transnational Law, (Oxford University Press, Forthcoming) • “Can the AML system be evaluated without better data?” (w. M. Levi and P. Reuter), 69:2 Crime, Law and Social Change 307 (2018) • “Legal Freedoms: Struggle in the Theory of Legal Change in Asia,” 5:1 Asian Journal of Law and Society 233 (2018) James J. Heckman • “Early Childhood Education and Crime,” (w. J. L. García • “What Is a Clinic? Relationships and the Practice of and A. Ziff), Infant Mental Health Journal (2018) Organizational Ethnography,” Sociological Methods and • “Gender Differences in the Benefits of an Influential Research (2018) Early Childhood Program,” (w. J.L. García and A. Ziff), John P. Heinz 109 European Economic Review 9 (2018) • Women, Work, and Worship in Lincoln’s Country: The Dumville • “Evaluation of the Reggio Approach to Early Education,” Family Letters (w. A. Heinz), (University of Illinois Press, (w. P. Biroli, D. Del Boca, L.P. Heckman, Y.K. Koh, S. 2016) Kuperman, S. Moktan, C. D. Pronzato, and A.L. Ziff), 72:1 Research in Economics 1 (2018) Steven D. Levitt • “Returns to Education: The Causal Effects of Education on • “Heads or Tails: The Impact of a Coin Toss on Major Earnings, Health and Smoking” (w. J.E. Humphries and G. Life Decisions and Subsequent Happiness,” NBER Veramendi), 126(S1) Journal of Political Economy S197 (2018) Working Papers 22487 National Bureau of Economic • “Unordered Monotonicity,” (w. R. Pinto), 86:1 Econometrica Research (2016) (2018) • “A Glimpse into the World of High Capacity Givers: • “The Non-Market Benefits of Education andAbility,” Experimental Evidence from a University Capital Giver (w. J.E. Humphries, and G. Veramendi), 12:2 Journal of Campaign,” (w. T. Levin and J. List), NBER Working Papers Human Capital 282 (2018) 22099 National Bureau of Economic Research, Inc. (2016) Carol A. Heimer • “Engaging Parents in Parent Engagement Programs (w. J. List, R. Metcalfe, and S. Sadoff), Society for Research • “The Uses of Disorder in Negotiated Information Orders: on Educational Effectiveness (2016) Information Leveraging and Changing Norms in Global • “Bagels and donuts for sale: A case study in profit Public Health Governance,” British Journal of Sociology (2018) maximization,” 70 Research in Economics 518 (2016)

www.americanbarfoundation.org • 2018 Annual Report 33 Selected Publications

Sida Liu Jothie Rajah • “Boundaries and Professions: Toward a Processual Theory • “Transnational Law as Drama,” in P. Zumbansen, ed., of Action,” 5:1 Journal of Professions and Organization 45 (2018) Jessup’s Bold Proposal: Engagements with ‘Transnational Law’ • “Beyond the Manifesto: Mustafa Emirbayer and Relational after Sixty Years (Cambridge University Press, Forthcoming) Sociology,” (w. L. Liang), Palgrave Handbook of Relational • “Law, Politics, and Populism in the U.S.A. P.A.T.R.I.O.T. Act,” Sociology 395 (2018) 26 Indiana Journal of Global Legal Studies (2018) • “Governing Authoritarian Law: Law as Security,” in Ajay K. Mehrotra L. Rahim and M. Barr, eds., The Limits of Authoritarian • “‘Who Speaks for Tax Equity and Tax Fairness?’ The Governance in Singapore’s Developmental State (2018) Emergence of the Organized Tax Bar and the Dilemmas • “Legal Discourse,” in J. Flowerdew and J. Richardson, eds., of Professional Responsibility,” (w. J. Thorndike), Law & Routledge Handbook of Critical Discourse Studies 480 (2018) Contemporary Problems (2018) • “The Myth of the ‘Overtaxed’ American and the VAT Rebecca L. Sandefur That Never Was,” Modern American History 1 (Cambridge • “Access to What?” Daedalus, The Journal of the American University Press, 2018) Academy of Arts and Sciences (Forthcoming) Elizabeth Mertz • “Lawyers and Access to Justice,” (w. R. Hunter and A. Olesen), in R.L. Abel, O. Hammerselv, and H. Sommerlad, • Power, Legal Education, and Law School Cultures in M. E. Deo, eds., Lawyers in Society (Hart Publishing, Forthcoming) M. Lazarus-Black, and E. Mertz, eds. (Ashgate Publishing, Forthcoming) Christopher Schmidt • “The U.S. Legal Academy as a Miner’s Canary,” in Power, • The Sit-Ins: Protest and Legal Change in the Civil Rights Era Legal Education, and Law School Cultures, in M.E. Deo, (University of Chicago Press, 2018) M. Lazarus-Black, and E. Mertz, eds. (Ashgate Publishing, • “Section 5’s Forgotten Years: Congressional Power to Forthcoming) Enforce the Fourteenth Amendment Before Katzenbach • Law School Climates: Job Satisfaction among Tenured U.S. v. Morgan,” 113 Northwestern University Law Review 47 (2018) Law Professors (w. K. Barnes), 43 Law & Social Inquiry (2018) • “Making Sense of the Messy Sixties,” 43:4 Law & Social Janice Nadler Inquiry 1634 (2018) • “The Sit-In Cases: Explaining the Great Aberration of the • “Regulation, Public Attitudes, and Private Governance” (w. Warren Court,” 43 Journal of Supreme Court History (2018) D.A. Dana), 15 Journal of Empirical Legal Studies (Forthcoming) • “Buchanan v. Warley and the Changing Meaning of Civil • “Soda Taxes as a Legal and Social Movement,” (w. D.A. Rights,” 48 Cumberland Law Review 463 (2018) Dana), 13 Northwestern Journal of Law & Social Policy 84 (2017) • “The Forgotten Issue? The Supreme Court and the 2016 Robert L. Nelson Presidential Campaign,” 93 Chicago-Kent Law Review 411 • “Career Choices and Outcomes,” in Landscape of Legal (2018) Diversity: By the Numbers (American Bar Association, • “The Sit-In Movement,” The Oxford Research Encyclopedia Forthcoming) of American History (2018) • Metrics, Diversity, and Law, in A. Adediran and R.L. Nelson, • “Originalism and Congressional Power to Enforce the eds. (American Bar Foundation, 2018) Fourteenth Amendment,” 74 Washington and Lee Law Review Online 33 (2018) Laura Beth Nielsen • “The Supreme Court and American Politics: Symposium • “Hierarchies of Deservingness: Decisions about Workplace Introduction,” (w. C. Shapiro), 93 Chicago-Kent Law Review Accommodation by Judges and Citizens,” (w. J. Weinberg), 315 (2018) (Forthcoming) • “Vigilance, Litigiousness, and Cynicism: Understanding Susan P. Shapiro Race Differences in Perceptions of Discrimination and • Speaking for the Dying: Life-and-Death Decisions in Intensive Legal Mobilization,” (w. D. McEhlhattan and J. Weinberg), Care (University of Chicago Press, Forthcoming) 51:3 Law & Society Review 669 (2017) • “What is Sexual Harassment: An Empirical Study of Victoria Saker Woeste Perceptions of Ordinary People and Judges,” (w. J. Weinberg), • “Capitalism and American Democracy: The Fate of the 36 St. Louis University Law Review 39 (2017) Family Farm, 1945-2012,” in P. H. Minter, ed., Essays in Honor of Charles W. McCurdy (University of Virginia Press, 2018)

34 American Bar Foundation • www.americanbarfoundation.org ABF Publications

Law & Social Inquiry

Law & Social Inquiry (LSI) is a quarterly, interdisciplinary, peer-reviewed scholarly journal of international standing. LSI examines pressing sociolegal issues across multiple disciplines, including anthropology, Law&VOLUME 44 ISSUE 1 FEBRUARY 2019 criminology, economics, history, law, philosophy, political science, sociology, and social psychology. Recent LSI articles have been awarded numerous distinctions, including the Law & Society SocialJOURNAL OF THE AMERICAN BAR FOUNDATION Association Article Prize. Submitted manuscripts are reviewed by the LSI Editorial Committee and then sent out to expert scholars in a double-blind peer review Inquiryprocess. LSI also regularly features symposia, or a series of manuscripts centered on a specific sociolegal theme. In addition to its high quality of original research, LSI is known for its review essays. Review essays are article-length treatments of a book or group of books that situate them within their greater intellectual context. Each issue of the journal also includes “Book Notes” that present brief descriptions of twenty or ISSN: 0897-6546 thirty recently published books of interest to those working in the field of law or the social sciences. LSI also holds an annual student paper competition for graduate students, which includes a monetary prize and publication of the winning paper.

ABF scholars play a critical role in maintaining LSI’s excellent standards for sociolegal scholarship through their service as editors, peer reviewers, and authors.

Researching Law

Researching Law is a newsletter designed to acquaint a wide audience with the research activities of the American Bar Foundation. The articles that appear in the publication present the findings of ABF research projects in a concise, nontechnical format. In 2018, Researching Law focused on the book The Sit-Ins: Protest and Legal Change in the Civil Rights Era by ABF Faculty Fellow Christopher Schmidt, examining the legal history of the iconic civil rights “sit-in” movement.

Researching Law is written and edited by the ABF’s communications team. The newsletter is distributed to a wide audience, including the Fellows of the American Bar Foundation, policy makers, libraries, foundations, government agencies, and media outlets. Issues are also posted on the ABF website and may be downloaded at americanbarfoundation.org/publications/researchinglaw.

www.americanbarfoundation.org • 2018 Annual Report 35 Recent Major Media Coverage and Faculty Op-Eds

• “American College of Tax Counsel Elects New Fellows for 2018” | Ajay K. Mehrotra featured | Chicago Evening Post | April 22, 2018 • “Gina Haspel’s Shot at CIA Director Could Be Historic for Women. Feminists Say That’s Far From A Win” | Laura Beth Nielson interviewed | Bustle | May 8, 2018 • “The Places You’ll Go” | After the JD research cited | The Practice, Harvard Law School | May 25, 2018 • “Noted Scholar of Inequality to Lead BU School of Law” | Angela Onwuachi-Willig featured | Boston University Today | May 25, 2018 • “Exiled in the U.S., a Lawyer Warns of ‘China’s Long Arm” | Sida Liu interviewed | | June 15, 2018 • “War on Law Continues Three Years After ‘Black Friday’” | Terence Halliday featured | China Digital Times | July 12, 2018 • “We Shouldn’t Take the Bait on ‘Catch and Release’” | Caroline Tipler interviewed | Medium | July 20, 2018 • “Why ‘Can I Sue My Employer?’ Is Often the Wrong Question” | Laura Beth Nielson interviewed | The New York Times | August 6, 2018 • “Why Women Stay Out of the Spotlight at Work” | Article by former ABF Visiting Scholar Swethaa Ballakrishen | Harvard Business Review | August 30, 2018 • “The Brett Kavanaugh Confirmation Hearings Will Dominate The Week - Here’s What To Watch For” | Laura Beth Nielson interviewed | Bustle | September 4, 2018 • “Can licensed legal paraprofessionals narrow the access- to-justice gap?” | Access to Justice research cited | ABA Journal | September 6, 2018 ABF Faculty Fellow Rebecca Sandefur appeared on Chicago Tonight on • “Preparing to Practice—How Incubators Help Law PBS after winning the 2018 MacArthur Genius Grant. Students Pave Their Own Way” | After the JD research cited | The National Jurist Magazine | September 12, 2018 • “When everything is a civil right, nothing is” | Op-Ed by • “Supreme Court Fight Goes Prime Time with Kavanaugh’s Christopher Schmidt | The Washington Post | January 24, Fox News Interview” | Christopher Schmidt interviewed | 2018 The New York Times | September 25, 2018 • “What Trump-era protesters can learn from the lunch • “Jessica Chambers: Jury instructions could make or counter sit-ins of 1960” | Op-Ed by Christopher Schmidt | break outcome of second Tellis trial” | features research USA Today | February 1, 2018 conducted by Shari Diamond | The Commercial Appeal | • “Would an overhaul of federal student-loan programs September 26, 2018 help bring down law school tuition?” | Stephen Daniels • “Here are 2018’s MacArthur ‘genius grant’ winners, featured | ABA Journal | February 4, 2018 including an Illinois legal scholar” | Rebecca Sandefur • “Criminal Defense in China: The Politics of Lawyers at Interviewed | Chicago Tribune | October 9, 2018 Work” | Terence Halliday and Sida Liu interviewed | New • “U. of I. Professor Wins ‘Genius Grant’ for Civil Justice Books Network Podcast | March 6, 2018 Research” | Rebecca Sandefur Interviewed | WTTW • “The Parkland students can transform the gun-control Chicago | October 12, 2018 movement. Here’s how” | Op-Ed by Christopher Schmidt | • “Access-to-justice work earns MacArthur ‘genius grant’ The Washington Post | March 13, 2018 for American Bar Foundation faculty fellow” | Rebecca • “Rising law school tuition prompts ideas for federal Sandefur Interviewed | ABA Journal | October 5, 2018 student loan reform” | Stephen Daniels featured | ABA • “The Kavanaugh hearings had one big benefit for all Journal | April 2018 Americans” | The Washington Post | Op-Ed by Christopher • “Future of Latinos comes with baggage from the past” | Schmidt | November 1, 2018 Future of Latinos project featured | Daily Business Review • “When higher taxes brought Americans together instead (law.com) | March 2, 2018 of dividing them” | Op-Ed by Ajay K. Mehrotra | The • “Legal technicians belong in courtrooms” | Rebecca Washington Post | November 27, 2018 Sandefur featured | ABA Journal | April 13, 2018 • “We’re advancing to a cure after 30 years of HIV/AIDS • “When U.S. Income Tax Was Illegal” | Ajay K. Mehrotra treatment” | Op-Ed by Carol Heimer | The Hill | November featured | OZY | April 15, 2018 30, 2018

36 American Bar Foundation • www.americanbarfoundation.org Collaboration with Strategic Partners

Since its founding in 1952, the ABF has collaborated with partners to provide useful research to the organized bar, bench, and academy through the dissemination of research findings and by conducting specific research projects.

In recent years, the ABF has been leveraging its resources to increase collaborations with strategic partners, such as the American Bar Association (ABA), as well as other research-oriented institutions. From time to time, the ABF collaborates with ABA entities on specific research initiatives.

“Research on Senior Women in the Legal Profession,” an ongoing project with the ABA, is a Presidential Initiative of past ABA President Hilarie Bass and is being led by ABF researchers in collaboration with ABA members Stephanie Scharf and Roberta Liebenberg. The project has conducted numerous focus groups and individual interviews with lawyers across the country, as well as surveys of lawyers and other legal professionals. Preliminary findings from this project were discussed at a summit held this past summer at the Northwestern ABF Researchers also collaborated with prestigious Pritzker School of Law, and during the ABA annual organizations like the American Academy of Arts & meeting. The project leaders anticipate publishing a Sciences (AAAS). Professor Shari Diamond’s “Science report this winter. and the Legal System” project was done in collaboration with the AAAS and grew out of a broader AAAS initiative The ABF is collaborating with the ABA Senior Lawyer that complements the ABF’s research mission. Division in helping to disseminate the findings of the longstanding ABA project, “Women Trailblazers in the Finally, the ABF regularly provides substantive advice Law.” This project is devoted to capturing, recording, and furnishes condensed research briefs to ABA entities and preserving the complete life histories of pioneering to keep leaders and members abreast of the latest women lawyers as told by the women themselves. ABF research findings on some of the most relevant topics Executive Director Ajay Mehrotra is working closely with in the ongoing national and international conversations Brooksley Born, the founder of this project, and Linda on law. These efforts support the goal of the ABF Ferren, the project manager, in assisting with the final to enhance the public’s understanding of law, legal stages, including broad dissemination of the project to institutions, and legal processes. scholars and other stakeholders. Thus far, a panel was organized at the upcoming American Association of Law School’s annual conference, and similar events are planned for the future. The ABF also released a press release about a website hosted by the Stanford Law Library that showcases the oral histories of more than 100 senior women who made important contributions to the law and opened opportunities for women in the legal profession.

www.americanbarfoundation.org • 2018 Annual Report 37 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students

In 2018, the American Bar Foundation (ABF) celebrated the 30th anniversary of the Montgomery Summer Research Diversity Fellowship and hosted four outstanding undergraduate students. The fellowship program offers students, who are selected from across the country in a highly competitive application process, the opportunity to explore the field of sociolegal research and observe law practice in the private and public sector. Since 1988, 126 undergraduates have participated in the program. The Montgomery Summer Research Diversity Fellowship in Law and Social Science is supported by generous grants from the Law School Admission Council (LSAC), Kenneth F. and Harle G. Montgomery Foundation, and Walmart.

2018 Summer Research Diversity Fellows

Clockwise from upper left: • Erick Aguilar, of Mount Olive, North Carolina, is a senior at Duke University majoring in Migration Geographies of Undocumented Labor as a Benjamin N. Duke Scholar and Point Scholar. He hopes to pursue a joint J.D. and Ph.D. in human geography and worked with ABF Research Professor Jothie Rajah during his summer fellowship.

• Rebecca Lei, of Alhambra, California, is a senior at the University of California, Berkeley pursuing a B.A. in legal studies. She is interested in the intersection between law and the social sciences, particularly constitutional law and the experiences of minority groups within the legal system. Lei hopes to pursue a J.D. and worked with ABF Executive Director and Research Professor Ajay Mehrotra during her summer fellowship.

• Wesley Chen, of Old Bridge, New Jersey, is a junior at Georgetown University School of Foreign Service majoring in international politics and pursuing a B.S. in foreign service and a certificate The 2018 in American studies. He hopes to pursue a J.D. to Montgomery further his study in international law and worked Summer Research Diversity Fellows with ABF Research Professor Terence Halliday (L-R): Leilanie during his summer fellowship. Martinez, Erick Aguilar, Wesley • Leilanie Martinez, of Los Angeles, California, Chen, Rebecca Lei. is a graduating senior from the University of California, Berkeley majoring in legal studies and Chicanx studies. Martinez hopes to pursue a joint J.D. and Ph.D. in sociology of law to study issues of inequality and access to justice and worked with ABF Director Emeritus Robert Nelson during her summer fellowship.

38 American Bar Foundation • www.americanbarfoundation.org Doctoral Fellowship Programs

2018 ABF Doctoral and Postdoctoral Fellows:

• Evelyn Atkinson, Ph.D. candidate in History at the University of Chicago; J.D., Harvard Law School

• Paul Baumgardner, Ph.D. candidate in the Department of the Politics and the Humanities Council at Princeton University

• Hye Yun Kang, Ph.D. candidate in Political Science at Northwestern University and in Philosophy at the Ecole Normale Left to right: Rachel Montgomery, Hye Yun Kang, Asad Rahim, Margot Moinester, Paul Baumgardner, Meghan L. Superieure, Paris Morris, and Mary Ellen Stitt. Not pictured: Evelyn Atkinson • Margot Moinester, Ph.D. candidate in Sociology The ABF is committed to developing the next generation of scholars in the field of law, at Harvard University social science, and higher education by offering several doctoral and postdoctoral fellowship • Rachel Montgomery, opportunities. Ph.D. candidate in Higher Education at Pennsylvania Fellowships are held in residence at the ABF offices in Chicago and offer fellows the State University opportunity to engage with our intellectual community, gain feedback on scholarly and professional projects in workshop settings, and utilize ABF resources toward academic • Meghan L. Morris, Ph.D., Anthropology, goals. Fellows receive valuable mentorship from ABF research faculty members and a University of Chicago; generous stipend to help complete dissertation projects as well as fund research and J.D., Harvard Law School conference travel. Past fellows have built on their experiences at the ABF to go on to • , promising careers in tenure-track university positions and as legal professionals. Asad Rahim Ph.D. candidate in the The ABF/NSF Doctoral Fellowship Program in Law & Inequality is co-sponsored by Jurisprudence and Social the ABF and the National Science Foundation (NSF). It aims to encourage original and Policy program at the significant empirical and interdisciplinary research on the study of law and inequality. University of California, Berkeley School of Law; The ABF/AccessLex Doctoral Fellowship Program in Legal & Higher Education is co- J.D., Harvard Law School sponsored by the ABF and AccessLex Institute. It aims to assist emerging scholars who • Mary Ellen Stitt, research issues of access, affordability, or value in legal and higher education. Ph.D. candidate in Sociology at the University The ABF/Northwestern University Doctoral Fellowship Program is co-sponsored by the of Texas at Austin ABF and Northwestern University and seeks to encourage original and innovative research on law, the legal profession, and legal institutions.

More information about each fellowship and the application process can be found under the Fellowships tab at americanbarfoundation.org.

www.americanbarfoundation.org • 2018 Annual Report 39 Sponsored Programs

The ABF research program is supported by an annual grant from the American Bar Endowment (see page2) and contributions from The Fellows of the American Bar Foundation and other supporters. The ABF also seeks grants for specific research projects and other Foundation programs from government agencies and private foundations. The following external sponsors provided support for projects over the last several years.

AccessLex Institute Center for Advanced Study Law School Admission Council • 30th Anniversary Celebration of in Behavioral Sciences • 30th Anniversary Celebration of the Montgomery Summer Research • Research Faculty Fellowship the Montgomery Summer Research Diversity Fellowship (John Hagan) Diversity Fellowship • Emerging and Visiting Scholars Chicago Community Trust • Montgomery Summer Diversity Research Fellowship Program in Higher Education Fellowships in Law and Social Science • The Future of Latinos in the United (Ajay K. Mehrotra and Bryant Garth) States: Law, Opportunity, and Mobility, Legal Services Corporation • Follow up Analyses from the Work of Midwest Regional Roundtable and Friends of Legal Services the ABA Task Force on the Financing (Robert Nelson and Rachel Moran) Corporation of Legal Education (Stephen Daniels) • Research and consultation on the • Accessing Justice in Contemporary • Role of Legal Education in Lawyer Careers: project Tackling Chicago’s Race Narrative America (Robert Nelson and Analyses from Three Waves of the After (Robert Nelson) Rebecca Sandefur) the JD Study (Robert Nelson) • Research and consultation on the Google Grants American Bar Association project Policing and Chicago Community • Ongoing in-kind support of the • 30th Anniversary Celebration of (Robert Nelson) American Bar Foundation website the Montgomery Summer Research Clifford Law Offices (http://www.americanbarfoundation. Diversity Fellowship • 30th Anniversary Celebration of org/index.html) American Bar Endowment the Montgomery Summer Research Microsoft Corporation • 30th Anniversary Celebration of Diversity Fellowship • Fourth Conference of the Research Group the Montgomery Summer Research Howard School of Law on Legal Diversity (RGLD) on Metrics, Diversity Fellowship • 30th Anniversary Celebration of Diversity, and Law American Philosophical Society the Montgomery Summer Research National Association for Diversity Fellowship • Reconstituting Civic Community: Law Placement Foundation Religion, Hate Speakers, and the Law in Jenner & Block • After the JD: The Trajectories of Legal Modern America (Victoria Saker Woeste) • 30th Anniversary Celebration of Careers (Ronit Dinovitzer, Robert American Society the Montgomery Summer Research Nelson, Bryant Garth, Gabriele Plickert, for Legal History Diversity Fellowship and Joyce Sterling) • United States Legal History Roundtable Kenneth F. and Harle G. National Conference of (Christopher Schmidt) Montgomery Foundation Bar Examiners AT&T • 30th Anniversary Celebration of • After the JD: Legal Careers in Transition • Montgomery Summer Diversity Research the Montgomery Summer Research (Ronit Dinovitzer, Robert Nelson, Fellowships in Law and Social Science Diversity Fellowship Bryant Garth, and Joyce Sterling) California Bar Foundation • Montgomery Summer Diversity Research National Science Foundation Fellowships in Law and Social Science • The Future of Latinos: Law, Opportunity, • Law and Social Science Fellowship and • Research on equal opportunity and Mobility, A Network for Justice Mentoring Program on Law & Inequality in the legal profession (Robert Planning Summit: Creating Legal (Ajay K. Mehrotra, Traci Burch, Nelson et. al) and Legislative Support for Latino Nicole Gonzalez Van Cleve, and Communities (Robert Nelson and Kirkland & Ellis Laura Beth Nielsen) Rachel Moran) • 30th Anniversary Celebration of • Workshop: Access to Civil Justice (Rebecca California Community Foundation the Montgomery Summer Research Sandefur, Alyx Mark, and David Udell) Diversity Fellowship • Workshop: Legal Education in Crisis? • The Future of Latinos: Law, Opportunity, Bringing Researchers and Resources and Mobility, A Network for Justice • Fourth Conference of the Research Group Together to Generate New Scientific Planning Summit: Creating Legal on Legal Diversity (RGLD) on Metrics, Insights (Elizabeth Mertz) and Legislative Support for Latino Diversity, and Law Communities (Robert Nelson and • Adolescent and Adult Lives of Children Rachel Moran) of Parents Returning from Prison (John Hagan and Holly Foster)

40 American Bar Foundation • www.americanbarfoundation.org Research Funds The American Bar Foundation acknowledges with gratitude those individuals who —Supplemental grant also awarded continue to support its research funds. under the NSF Research Experiences The supports the participation of students for Undergraduates Program Robert O. Hetlage Scholarship Fund and young faculty in the research programs of the American Bar Foundation, including • Conceptualizing Property Takings (Bernadette Atuahene) the Summer Research Diversity Fellowship Program for undergraduate minority • Workshop: Parental Incarceration in students, the Doctoral Fellowship Program for dissertation research, and a Young the United States: Bringing Together Scholars Program to support research in the first five years of an academic career. Research and Policy to Reduce Collateral Costs to Children (John Hagan) The William Reece Smith, Jr. Research Fund advances ABF research on the • Law and Social Science Dissertation topics of professionalism, pro bono legal services, and the role of the legal profession Fellowships and Mentoring Program internationally to advance human rights and access to justice. (Laura Beth Nielsen; joint program with the Law and Society Association) The Liz and Peter Moser Research Fund in Legal Ethics, Professional • Punishment Regimes and the Multi- Responsibility and Access to Legal Services supports path-breaking, Level Effects of Parental Imprisonment: empirical research in the field of legal ethics, professional responsibility, and Inter-institutional, Inter-generational and access to legal services. Inter-sectional Models of Inequality and Exclusion (John Hagan and Holly Foster) —Supplemental grant also awarded under the NSF Research Experiences • Fourth Conference of the Research Group University of California, for Undergraduates Program on Legal Diversity (RGLD) on Metrics, Los Angeles Diversity, and Law • Workshop: Access to Civil Justice: • The Future of Latinos: Law, Opportunity, and Re-envisioning and Reinvigorating —The Graduate School Mobility, A Network for Justice Planning Research (Rebecca Sandefur) —Weinberg College of Arts and Summit: Creating Legal and Legislative • Accessing Justice in Contemporary Sciences Support for Latino Communities America: The Community Needs and —Kellogg Graduate School of Business (Robert Nelson and Rachel Moran) Services Survey (Rebecca Sandefur, —Pritzker School of Law —School of Law Robert Nelson) —Office of the Provost —Office of the Executive Vice Chancellor —Supplemental grant also awarded and Provost Open Society Foundations under the NSF Research Experiences —School of Law’s David J. Epstein Program • Legally Empowering Technologies for Undergraduates Program in Public Interest Law and Policy (Rebecca Sandefur) • After the JD III: The Trajectories of Legal —César E. Chávez Department of Careers (Ronit Dinovitzer, Robert Nelson, Oscar M. Ruebhausen Fund Chicana/o Studies Bryant Garth, and Joyce Sterling) at Yale Law School —School of Law’s Critical Race Studies • Crime, War and Wealth in Pre- and • Future of Latinos in the United States Program Post- Invasion Iraq (John Hagan) Law, Opportunity, and Mobility, —Chicano Studies Research Center • Local Courts and African American Northeast Regional Roundtable University of California, Life, 1865-1930 (Dylan Penningroth). (Robert Nelson and Rachel Moran) Funded under the American Recovery Davis School of Law Public Welfare Foundation and Reinvestment Act of 2009 (Public • The Future of Latinos: Law, Opportunity, and Law 111-5) • Increasing Access to Justice through Mobility, A Network for Justice Planning Expanded Roles Beyond Lawyers: Summit: Creating Legal and Legislative • Lawyers in the Pursuit of Basic Legal Developing and Testing an Evaluation Support for Latino Communities Rights: Criminal Defense in China Framework (Rebecca Sandefur, in (Robert Nelson and Rachel Moran) (Terence Halliday and Sida Liu) conjunction with the National Walmart Northwestern University Center on State Courts) • 30th Anniversary Celebration of • 30th Anniversary Celebration of Robert Wood Johnson Foundation the Montgomery Summer Research the Montgomery Summer Research • Investigator Award in Health Policy Diversity Fellowship Diversity Fellowship Research: Gatekeepers at Life’s End: Yale Law School • Aspen Institute Justice & Society Seminar Surrogate Decision-Making in Intensive for Judges of the U.S. Court of Appeals for Care (Susan Shapiro) • Portrait Project 2.0: A Portrait of Asian the Seventh Circuit and its District Courts Americans in the Law (Ajay Mehrotra, —Pritzker School of Law Spencer Foundation Ian Ayres (Yale), and Justice Goodwin • The Future of Latinos: Law, Opportunity, • Financial Vulnerability of Public HBCUs to Liu (California Supreme Court)) State Funding Policies (Matthew Shaw) and Mobility, Inaugural Midwest Yamini Designs Regional Roundtable (Robert Nelson United Airlines • 30th Anniversary Celebration of and Rachel Moran) • 30th Anniversary Celebration of the Montgomery Summer Research —Office of the Provost the Montgomery Summer Research Diversity Fellowship —Pritzker School of Law Diversity Fellowship

www.americanbarfoundation.org • 2018 Annual Report 41 Research Presentations at the ABF 2018

• Winnifred F. Sullivan, Indiana University Left: Ariela Gross, the Bloomington—“The Church-in-law: John B. and Alice R. Sharp Considering the ‘New’ Institutionalism Professor of Law and History, in First Amendment Law,” January 24 and Co-Director of the Center for Law, History and Culture • Jennifer Earl, University of Arizona— at the University of California, “Innovations in Policing: Rethinking Changes at her seminar, “Manumission in Protest Policing Protocols in the US,” and Freedom in the Age of January 31 Revolution: Comparing Law • Sally Merry, New York University— and Race in Cuba, Louisiana, “Infrastructural Regulation and the and Virginia, 1763-1806,” Infrastructure of Measurement,” February 7 on February 28, 2018. • Pablo J. Boczkowski, Northwestern Below: Richard Rothstein, University—“Prosthetics, Tools, and a Distinguished Fellow of the Economic Policy Institute Companions: The Cultural Lives of and a Senior Fellow, emeritus, Personal Screens,” February 14 at the Thurgood Marshall • Mitra Sharafi, University of Wisconsin Institute of the NAACP Legal Law School—“Fear of the False: Forensic Defense Fund and of the Haas Science in Colonial India,” February 21 Institute at the University of • Ariela Gross, University of Southern California (Berkeley), at his California—“Manumission and Freedom seminar “The Color of Law: A Forgotten History of How in the Age of Revolution: Comparing Law Our Government Segregated and Race in Cuba, Louisiana, and Virginia, America,” on October 17, 2018. 1763-1806,” February 28 • Phyllis Moen, University of Minnesota— “The Changing (still Gendered) Life Course: Living with Uncertainty, Risk, and Possibility,” March 7 • Joseph P. Masco, University of Chicago— “The Radioactive Anthropocene: On • Lauri Jo Reynolds, University of Illinois at • Charles Bosvieux-Onyekwelu, Ecole des Planetary Accountability,” March 14 Chicago—“The Democratization and Social hautes etudes en sciences sociales (EHESS)— • Malcolm Rich, Chicago Appleseed Fund Exclusion of People in the Criminal Legal “Pro Bono Practice in Global Law Firms: A for Justice—“Improving Lives by Improving System,” July 11 Sociodicy in the Legal World,” October 10 Courts,” April 4 • Bernadette Attuahene, ABF and Chicago- • Melissa Crouch, University of New South • Manasi Deshpande, University Kent College of Law—“Understanding Wales, Sydney—“Constitutional Legacies in of Chicago—“Who is Screened Out? Stategraft and its Value,” August 22 Authoritarian Regimes: How the Military Uses Application Costs and the Targeting of • Hye Yun Kang, ABF Doctoral Fellow— the Constitution to Rule Myanmar,” October 10 Disability Programs,” April 11 “Ambiguity of Law: The Uncomfortable • Richard Rothstein, Economic Policy • Genevieve Lakier, University of Chicago Cohabitation of Law and Security,” Institute—“The Color of Law: A Forgotten Law School—“The Contested Conception of September 5 History of How Our Government Segregated Equality in First Amendment Law,” April 18 • Mary Ellen Stitt, ABF Doctoral Fellow— America,” October 17 • Monica Bell, Yale Law School—“Policing “Medicalizing Justice: Therapy in the Criminal • Tanina Rostain, Georgetown University— for Integration,” April 25 Courts,” September 5 “Techno-optimism and the Access to Justice • Nicholas Blomley, Simon Fraser • Evelyn Atkinson, ABF Doctoral Landscape,” October 24 University—“Judicial Territories: Spatial Fellow—“Slaves, Coolies, and Shareholders: • Robert MacCoun, Stanford University— Conditions of Release, and the Management Corporations Claim Equal Protection,” “The Replicability Crisis and Its Implications of Marginalized People,” May 2 September 12 for Empirical Legal Studies,” October 31 • Heather Schoenfeld, Northwestern • Paul Baumgardner, ABF Doctoral Fellow— • Yuval Feldman, Bar-Ilan University Law University—“Carceral Capacity and the “Rethinking the Rise of the Conservative Legal School Israel—“The Law of Good People,” Development of Mass Incarceration,” May 16 Movement: Professors, Activists, and the Legal November 7 • Devon Carbado, University of California, Academy of the 1980s,” September 12 • Amy Kapczynski, Yale University— Los Angeles—“The 4th: From Stop-&-Frisk • E. Glen Weyl, New England Lab, Microsoft “Republicanism and Liberalism in Intellectual to Shoot-&-Kill with One Amendment,” Research—“Antitrust Remedies for Labor Property: Towards a Political Economy May 23 Market Power,” September 19 Approach,” November 14 • Matthew Shaw, Vanderbilt University— • Heather Ann Thompson, University of • Maxwell Stinchcombe, University of Texas “Higher Education, Race, and the Funding Michigan—“The Attica Uprising of 1971 at Austin—“Incentives and Plea Bargaining,” of Historically Black Colleges and and Its Legacy: Prisoner Rights Today,” November 28 Universities,” June 18 September 26 • Cheryl Harris, University of California, • Rebecca Richman Cohen, Harvard Law • Nathaniel Persily, Stanford University— Los Angeles—“Debt, Development and School—“Untouchable” film screening, “Can Democracy Survive the Internet?” Dispossession: Afterlives of Slavery,” June 27 October 3 December 5

42 American Bar Foundation • www.americanbarfoundation.org The Fellows of the American Bar Foundation

The Fellows of the American Bar Foundation comprise a global honor society of attorneys, judges, and legal scholars whose public and private careers have demonstrated exceptional dedication to the highest principles of the legal profession and to the welfare of their communities. Established in 1955, Fellows encourage and support the research of the American Bar Foundation (ABF) and sponsor seminar programs on topics of direct relevance to the legal profession and the academy and society. Membership in the Fellows is limited to one percent of licensed lawyers in each jurisdiction. Fellows are recommended by their peers and approved by the Board of the ABF.

Fellows Programming was moderated by Rachel Van Cleave, Former Dean and The Fellows CLE Research Seminar, “The Perennial (and Professor of Law at Golden Gate University School of Law. Stubborn) Challenge of Cost, Affordability, and Access This program was co-sponsored by the ABA in Legal Education: Has it Finally Hit the Fan?” was Commission on the Future of Legal Education, ABA Law held during the 2018 American Bar Association (ABA) Student Division, ABA Section of Science & Technology, Midyear Meeting in Vancouver. Anchored by a research ABA Young Lawyers Division, ABA Section of Legal presentation by ABF Senior Research Professor Stephen Education and Admissions to the Bar, and the Daniels, the panel analyzed the contemporary legal Association of American Law Schools (AALS). education system as the legal field faces declining At the 2018 ABA Annual Meeting in Chicago, the student enrollment, rising student debt, and a decreasing Fellows sponsored the CLE Research Seminar, “Holding market for new jobs. The panelists also discussed current Police Accountable: Promoting Transparency in Police reform to better meet the demands of the profession, Conduct.” Moderated by Honorable Bernice B. Donald, including a two-year law school program with clinical United States Court of Appeals for the Sixth Circuit, externships, reforming the bar exam, and discounting the panelists discussed various efforts to increase tuition by utilizing adjunct faculty at law schools. The police accountability by highlighting both local and panelists included the following: Barry Currier, Director national efforts to reform police departments. Topics of Accreditation and Legal Education, American Bar included the roles that data and technology, criminal Association; Christopher J. Ryan, Doctoral Fellow, prosecutions, and citizen activism play in improving American Bar Foundation; and Judith Welch Wegner, police performance. The panelists included the Burton Craig Professor of Law Emerita and Dean Emerita, following: Traci Burch, Research Professor, American University of North Carolina School of Law. The panel Bar Foundation, Associate Professor of Political Science,

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2 1. L-R: Julia Mulligan, Patrick Mulligan (Colorado Fellow), Debby Goodman, Jimmy Goodman (ABF Board Secretary) at the American Writers Museum during the Fellows Opening Reception at the 2018 ABA Annual Meeting in Chicago 2. Rew Goodenow, 2017-18 Fellows Chair, enjoys the American Writers Museum during the Fellows Opening Reception at the 2018 ABA Annual Meeting 3. (L-R at the Fellows Opening Reception at the 2018 ABA Annual Meeting) Hon. Peter Reyes, Jr. (MN Court of Appeals and ABF Fellow); Darrell Mottley, Washington DC Fellows Chair; Michael Hernandez, Illinois Fellows Chair

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www.americanbarfoundation.org • 2018 Annual Report 43 The Fellows of the American Bar Foundation

Northwestern University; Frank R. Baumgartner, Richard for an evening of celebration during the Fellows Opening J. Richardson Distinguished Professor of Political Science, Reception, which was generously sponsored by Wachtell, The University of North Carolina Chapel Hill; Chief Lipton, Rosen & Katz. Anthony Holloway, Chief of Police, St. Petersburg Police The next morning, the Fellows held the annual Department; Stephen Rushin, Assistant Professor of Law, Fellows Business Breakfast featuring keynote remarks Loyola University Chicago; and Karen Sheley, Director, from Nobel Prize-winning ABF Research Professor Police Practices Project, ACLU Illinois. James J. Heckman. Professor Heckman discussed his “Holding Police Accountable: Promoting Transparency early childhood education research. Fellows Chair, Rew in Police Conduct” was co-sponsored by the ABA Criminal Goodenow, summarized the work of the Fellows and the Justice Section and the ABA Standing Committee on Gun ABF during his term serving as chair and discussed new Violence. Fellows business. The Fellows gratefully recognize the The Fellows Research Advisory Committee (FRAC) following sponsors: works with the Executive Director of the ABF and the • Silver Sponsors: Clark Hill and Parsons Behle Officers of the Fellows to organize the Fellows Research & Latimer Seminars each year and serves as a bridge between the • Contributing Sponsor: Franczek Radlet PC research program of the ABF and the profession, including In June, the ABF Fellows hosted an exclusive dinner the practicing bar, the judiciary, and legal education. cruise along the Seine River in Paris following the ABA’s Fellows Events Paris Sessions. The Fellows were pleased to hold the second annual The Fellows events at the ABA Midyear Meeting in Fellows Reception in conjunction with the ABA Section Vancouver began with the Fellows Opening Reception Officers Conference Fall Leadership meeting in Chicago. held at the Vancouver Lookout and generously sponsored Many Fellows State Chairs organized local events by Parsons Behle & Latimer. Guests took a glass elevator where Fellows heard presentations from noteworthy up 50 stories above the city to enjoy the incredible speakers and socialized among colleagues and friends. 360-degree views of downtown Vancouver in the evening. Washington State Fellows held their annual dinner The 62nd Annual Fellows Awards Banquet, generously in November with Hon. James L. Robart. In April, the sponsored by Fasken, was held at the Vancouver Club. The Wisconsin Fellows’ annual dinner featured Chief Judge Right Honorable Beverly McLachlin, the recently retired, Robert A. Katzmann, U.S. Court of Appeals for the Second first woman, and longest serving Chief Justice of Canada, Circuit. In May, the New York Fellows hosted a luncheon delivered the keynote speech entitled, “Challenges to with Mike Mellis, Executive Vice President and General the Legal Profession in the 21st Century.” The banquet Counsel for Major League Baseball, which was streamed featured awards to the following honorees: live to other Fellows gathered in Chicago, Boston, and • Outstanding Service Award: Hon. Ernestine Washington DC. Additional local Fellows events were Steward Gray, judge of the Orleans Parish Juvenile hosted in California, Colorado, Georgia, Illinois, Kansas, Court in New Orleans. Louisiana, Maine, Maryland, Massachusetts, Michigan, • Outstanding Scholar Award: Carrie Menkel- Minnesota, Mississippi, Missouri, Montana, New Jersey, Meadow, Distinguished Professor of Law at the New Mexico, Nevada, Oregon, Texas, Washington DC, University of California, Irvine. West Virginia, and. Several ABF Research Professors and • Outstanding State Chair Award: Pennsylvania scholars presented at these Fellows events. State Co-Chairs Mitchell L. Bach, Esq., an attorney at Eckert Seamans Cherin & Mellott LLC., and 2018–2019 Fellows Officers Amelia Boss, Trustee Professor of Law at Drexel Chair: Reginald M. Turner, Detroit, Michigan University’s Thomas R. Kline School of Law Chair-Elect: Ellen M. Jakovic, Washington, D.C. Secretary: Hon. Eileen A. Kato (Ret.), Seattle, Washington Following the Midyear Meeting, the ABF hosted a Immediate Past Chair: Rew R. Goodenow, Reno, Nevada special Fellows Fireside Book Chat near the ski slopes in Whistler, Canada. ABF Research Professor Stephen 2017–2018 Fellows Officers Daniels led a discussion of his book Tort Reform, Plaintiffs’ Chair: Rew R. Goodenow, Reno, Nevada Lawyers, and Access to Justice, co-authored with Joanne Chair-Elect: Reginald M. Turner, Detroit, Michigan Martin. Secretary: Ellen M. Jakovic, Washington, D.C. During the ABA Annual Meeting in Chicago in August, Immediate Past Chair: Michael H. Byowitz, New York, the Fellows gathered at the American Writers Museum New York

44 American Bar Foundation • www.americanbarfoundation.org 1 2 3

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1. Fellows Chair-Elect Reginald Turner with Hon. Ernestine Steward Gray (Orleans Parish Juvenile Court), recipient of the 2018 Fellows Outstanding Service Award 2. L-R: Ellen Jakovic (2017-18 Fellows Secretary); Mitchell Bach (Pennsylvania State Co-Chair); Michael Byowitz (2017-18 Fellows Immediate Past Chair); 5 Professor Amelia Boss (Pennsylvania State Co-Chair) 3. The Right Honourable Beverley McLachlin, the recently retired, first woman and longest serving Chief Justice of Canada, delivers the keynote remarks at the 62nd American Bar Foundation Fellows Awards Banquet during the ABA Midyear Meeting in Vancouver 4. The panel for the Fellows CLE, "Holding Police Accountable: Promoting Transparency in Police Conduct," at the 2018 ABA Annual Meeting in Chicago. (L-R): Chief Anthony Holloway, Chief of Police, St. Petersburg Police Department; Hon. Bernice B. Donald, US Court of Appeals for the Sixth Circuit; Traci Burch, ABF Research Professor and Associate Professor of Political Science at Northwestern University; Stephen Rushin, Assistant Professor of Law at Loyola University Chicago; Karen Sheley, Director of Police Practices Project at ACLU of Illinois. 5. Hon. Bernice B. Donald (US Court of Appeals for the Sixth Circuit) moderates the Fellows CLE, "Holding Police Accountable: Promoting 6 Transparency in Police Conduct" at the 2018 ABA Annual Meeting in Chicago. 6. L-R: Trudy Halla (Minnesota Life Fellow), Barbara Gislason (Minnesota Life Fellow), and Hon. Ellen Rosenblum (Oregon Attorney General and Benefactor Fellow) at the Vancouver Lookout for the Fellows Opening Reception during the 2018 ABA Midyear Meeting. 7. L-R: Michelle Behnke (ABA Treasurer and Wisconsin Life Fellow); Darrell Behnke; Ilene Gotts (New York Fellow) at the Vancouver Lookout for the Fellows Opening Reception during the 2018 ABA Midyear Meeting. 8. Nobel Prize-winning Professor James J. Heckman delivers the keynote remarks at the Fellows Business Breakfast during the 2018 ABA Annual Meeting in Chicago. Professor Heckman is an ABF Research Professor and the Henry Schultz Distinguished Service Professor, Department of Economics, at the University of Chicago.

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www.americanbarfoundation.org • 2018 Annual Report 45 Life Fellows Contributions to the American Bar Foundation

Each year, Life Fellows of the ABF provide contributions that support the innovative and influential research being conducted by the American Bar Foundation. Their continued financial support is vital to the ABF’s work. Life Fellow Giving Societies* Giving Societies are composed of Life Fellows whose commitment to advancing justice and the understanding of law is reflected through their contributions to the ABF and beyond their initial pledge of support. Giving societies are as follows: • A Life Fellow who contributes an aggregate of $50,000 will be named a Philanthropist Fellow • A Life Fellow who contributes an aggregate of $25,000 will be named a Visionary Fellow • A Life Fellow who contributes an aggregate of $17,500 will be named a Leadership Fellow • A Life Fellow who contributes an aggregate of $10,000 will be named a Benefactor Fellow • A Life Fellow who contributes an aggregate of $5,000 will be named a Patron Fellow • A Life Fellow who contributes a minimum of $250 annually will be named a Sustaining Life Fellow *Changes to aggregate amounts were made in 2002 and 2017

We extend our appreciation to the many Philanthropist, Visionary, Leadership, Benefactor, Patron, and Sustaining Life Fellows listed below who invested in the ABF between September 1, 2017 and December 14, 2018. Their generosity furthers the longstanding culture of philanthropy that has supported the ABF's empirical research. Contributions can be pledged over a period of years. Life Fellows who contribute annually at the Sustaining Level and higher will be recognized in the ABF Annual Report, at Fellows events, and on the Fellows website.

Philanthropist Leadership James H. Carter Robert M. Kaufman Charles W. Schwartz Deborah A. Agosti Fellows Fellows Robert A. Clifford Linda A. Klein Kathleen M. Shay Gerald Aksen Irwin Mark Cohen Joseph P. Klock, Jr. Jonathan Henry Sherman Richard B. Allen † Kenneth J. Burns, Jr. † Jimmy K. Goodman H. William Allen Avern Cohn Frances A. Koncilja John Sand Siffert James T. Halverson Myles J. Ambrose † Michael H. Byowitz Ira B. Coldren, Jr. † William Norman Krucks Chesterfield Alfred Appel † Daniel J. Hoffheimer Harvey Smith † David A. Collins Whitfield J. Collins † Jerry Lastelick Susan Frelich Appleton Michael J. Horvitz Larry W. Sonsini William Thomas Maryanne R. Lavan Joseph W. Armbrust, Jr. Ellen J. Flannery Arthur & Toni Coplin, Jr. James B. Lee Myron T. Steele Walter P. Armstrong, Jr. † David S. Houghton Rembe Rock Philip H. Corboy † Beverly Glenn Long † Robert A. Stein E. Clarke Arnold † Jonathan D. Schiller Robert MacCrate † Joseph W. Cotchett Thomas O. Marshall † Charles T. Stewart † Lisa Gayle Arrowood Miriam Shearing M. Peter Moser † Clive S. Cummis † William B. McGuire † Guy M. Struve Clinton R. Ashford † Ezekiel Solomon AM Morris Atlas Edward I. Cutler † Robert W. Meserve † Randolph W. Thrower † William H. Neukom Scott J. Atlas Charlton Dietz Edward G. O'Connor Michael Traynor Daniel F. Attridge Joseph A. Woods, Jr. † Benefactor Laura M. Douglas Reginald Turner Adebayo Oriola Alan L. Austin † Fellows Jerome Farris Calvin H. Udall † Donald R. Osborn Russell James Austin Visionary Timothy Joseph Abeska George S. Frazza Scott F. Partridge Lewis H. Van Dusen, Jr. † E. Osborne Ayscue, Jr. Fellows Howard J. Aibel † Robert L. Geltzer John H. Pickering † David E. Van Zandt Sylvia Bacon M. Bernard Aidinoff † Jacqueline Allee Jean and Leonard Gilbert Richard W. Pogue Virginia Guild Watkin T. Maxfield Bahner Richards D. Barger † Sheldon G. Gilman Alvin Weiss Gail Dyer Baker Mortimer M. Caplin Yvonne S. Quinn Richard A. Barber † Calvin A. Behle † Patricia L. Glaser Norman Redlich † Donna C. Willard-Jones John J. Creedon Curtis H. Barnette David Powers Berten Lynne Z. Gold-Bikin William J. Williams, Jr. Robert O. Hetlage † Hector Reichard Janice Gambino Barone Brooksley Elizabeth Born Daniel L. Golden † De Cardona, Jr. William E. Willis Jane H. Barrett Robert C. Knuepfer, Jr. Timothy W. Bouch Rew R. Goodenow Harvey T. Reid † Peter A. Winograd James Bartimus W. Loeber Landau † Bobbe Jean Bridge Roy A. Hammer † Simon H. Rifkind † Donald Alan Workman Janet Ellen Barton Mr. and Mrs. David O. Brownwood John F. Harkness, Jr. Lauren Robel Charles Alan Wright † Philip S. Beck William G. Paul The Saltsburg Fund, Gerald J Hayes Ronald S. Rolfe Douglas R. Young David J. Beck Wm. T. Robinson III † Karen Lake Buttrey John P. Heinz Michael J. Rooney Martin D. Beirne David K. Y. Tang (deceased), Patron Brigitte Schmidt Bell Donald W. Buttrey Jon Hoffheimer W. Brian Rose Fellows Lee Rimes Benton Rebecca Jean Richard R. Howe Ellen F. Rosenblum Elizabeth J. Cabraser Arthur N. Abbey Gregory M. Bergman Westerfield William C. Hubbard James B. Sales Dan O. Callaghan Samuel Adams † Michael W. Bien William F. Womble † John L. Carey † Douglas A. Jacobsen † Dennis Arnold Schoville Edward A.K. Adler Daniel A. Boehnen

† Deceased

46 American Bar Foundation • www.americanbarfoundation.org Paula E. Boggs Paul R. D'Amato Friedman Zona F. Hostetler Adrianne C. Mazura Charles J. Queenan, Jr. David Boies Mattie Belle Davis † W. Royal Furgeson, Jr. Barbara J. Howard Robert M. McAnerney † Elise Rabekoff Wilber H. Boies Leary Davis Victor Futter † Lawrence T. Hoyle, Jr. Milford McBride, Jr. † Alan S. Rachlin Amelia H. Boss K. A. Day John A. Gaberino, Jr. W. Stell Huie F. Wm. McCalpin † Bruce M. Ramer Stephen S. Bowen John C. Deacon † Michelle Greer Galloway Ellen M. Jakovic Catherine Stevens McClure Roberta Cooper Ramo John P. Bracken † James P. DeAngelo David H. Gambrell I.S. Leevy Johnson Vincent L. McKusick † Richard J. Rappaport Steve A. Brand Michael K. Demetrio Herbert S. Garten Wilbur E. Johnson Marcia M. McMurray Robert M. Raymer Howard H. Braverman † James Vinson Derrick, Jr. Stephen F. Gates † Justin M. Johnson Truman Q. McNulty † Harry M. Reasoner William J. Brennan III † Ellen Conedera Dial Kenneth W. Gideon † Earl Johnson, Jr. Kurt W. Melchior Patricia Lee Refo Charles N. Brower Bernard J. DiMuro James H. Gilliam, Jr. † Bernard Jolles Marygold Shire Melli † Abraham Charles Reich Stanley M. Brown † Martin M. Doctoroff † Hugh R. Jones † Michael J Mestayer Daniel Reidy Charles Earl Brown † Doreen D. Dodson Thomas V. Girardi E. Stewart Jones, Jr. Bernard S. Meyer † Robert M. Rhodes Louis M. Brown † Bernice B. Donald John A. Girardi Candace M. Jones Jack B. Middleton Julian C. Rice † William H. Brown III David S. Doty Richard C. Godfrey William F. Joy George J. Mihlsten Dorothy Comstock Riley † Peter Bubenzer John P. Driscoll, Jr. † Norman Goldberger Robert E. Juceam Richard W. Millar, Jr. James F. Rill Harold C. Buckingham, Jr. Conrad B. Duberstein † Ronald Kinnan Golemon Robert E. Keeton † Judith A. Miller James C. Rinaman Maurice R. Bullock † George H.T. Dudley Jamie S. Gorelick Stanley Keller Robert W. Minto, Jr. Kathryn E. B. Robb William A. Burck William B. Dulany † Thomas A. Gottschalk Erin E. Kelly David C. Moody David W. Robbins Peter Buscemi M. Douglas Dunn Maurice B. Graham David E. Keltner James C. Mordy Russell M. Robinson II John T. Cabaniss Paul F. Eckstein Melanie Gray James A. Kenney III W. Carloss Morris, Jr. † Barbara Paul Robinson Levin H. Campbell Robert H. Edmunds, Jr. John A. Grayson † Ted M. Kerr John H. Morrison Nicholas A. Robinson Robert M. Carlson Warren W. Eginton Bruce A. Green Philip J. Kessler Robert Thompson Mowrey Patrick G. Rogan Edmund N. Carpenter † Bernard M. Eiber † George William Gregory Henry S. Keuling-Stout Mary Mullarkey William A. Rogers, Jr. Frank J. Carroll E. Charles Eichenbaum † Robert J. Grey, Jr. George H. Kidder † Robert H Mundheim Harry J. Roper Francis D. Carter Dorothy Eisenberg Benjamin E. Griffith Loren Kieve Earl H. Munson, Jr. William Rosenberger, Jr. † James R. Carter Mitchell S. Eitel Anthony J. Griffith Lawrence R. King † Robert B. L. Murphy † Mitchel S. Ross Christine M. Castellano James J. Elacqua Stuart Z. Grossman Charles C. Kingsley Kay C. Murray † Eric M. Roth Lauren James Caster Adam O. Emmerich Michael Donwell Gunter Rodney O. Kittelsen † Norman H. Nachman † Jack A. Rounick John Allen Chalk, Sr. Jo Ann Engelhardt James T. Haight John T. Knox Joseph G. Nassif Carmine A. Rubino Sandra J. Chan William H. Erickson † Leon P. Haller Theodore A. Kolb † George M. "Jack" Neal, Jr. David S. Ruder Alec Y. Chang Robert M. Ervin † Philip M. Halpern Thomas E. Kopil Frank X. Neuner, Jr. Judith Runstad Daniel P. Chesire Allen D. Evans Gordon F. Hampton † Robert J. Krapf John S. Nolan † Gerald L. Rushfelt Robert L. Childers Haliburton Fales II † Milton Handler † Scott C. Krist John W. Norman Robert G. Russell J. Michelle Childs Glenn Phillip Falk Edward B. Hanify † William F. Kroener III Bernard W. Nussbaum Harold J. Ruvoldt, Jr. Donald J. Christl Hubert A. Farbes, Jr. Edwin A. Harnden Jeffrey R. Kuester Charles A. O'Brien † Edward F. Ryan Joseph E. Cirigliano Susan Beth Farmer Aubrey B. Harwell, Jr. William F Kuntz II John J. Okray Robert W. Sacoff Thomas A. Clancy Sue Seibert Farnsworth Harry L. Hathaway Verne M. Laing † Jack H. Olender Sara P. Sandford Ralph E. Clark, Jr. † Juli Farris Donald M. Hawkins † Ronald Larson John F. Olson Michael L. Schler Glenn R. Coates Robert R. Feagin III Barry C. Hawkins Arthur W. Leibold, Jr. John E. Osborn Sanford J. Schlesinger John F. Cogan, Jr. John D. Feerick and John Haworth Thomas C. Leighton Robert L. Parks H. Richard Schumacher Howard Coleman Coker Emalie Platt Feerick Harry J. Haynsworth IV Susan B. Lindenauer J.A. (Tony) Patterson, Jr. Charity Scott William K. Cole † James D. Fellers † Thomas Z. Hayward, Jr. Diana C. Liu Richard Pena Marvin Sears Thomas A. Cole Blair C. Fensterstock Keith A. Hebeisen Pierce Lively † Peter N. Perretti, Jr. † Jon M. Sebaly Richard P. Cole Lucas A. Ferrara Henry L. Hecht Leslie E. Lo Baugh, Jr. Roderick Norman Petrey Edgar T. See † Nat R. Coleman, Jr. † Henry L. Feuerzeig Ben W. Heineman † Raymond S. Londa Hugo M. Pfaltz, Jr. Christopher A. Seeger Mark D. Colley Edward Ridley Finch, Jr. John J. Held Robert A. Longhi Philip John Pfeiffer Marc M. Seltzer John D. Comer Jeffrey D. Fisher Andrew L. Herz Robert Henry Louis John D. Phillips † Rita A. Sheffey Roxanne Barton Conlin Thomas M. Fitzpatrick James W. Hewitt James E. Ludlam † Carter G. Phillips Leopold Zangwill Sher John R. Connelly, Jr. Sarah Gemma Flanagan Robert B. Hiden, Jr. Christopher H. Lunding Joy Lambert Phillips James M. Sibley † Terrence M Connors Don P. Foster Benjamin H. Hill III Graydon Dean Luthey, Jr. Irving H. Picard James R. Silkenat David M. Cook Dori B. Foster-Morales Robert F. Hill Barbara M.G. Lynn Spiwe L. Jefferson Irving Silver Edward H. Cooper Austin T. Fragomen, Jr. Donald B. Hilliker Barbara N. Lyons Vincent F. Pitta Carole Silver John G. Corlew Merrill R. Francis † Jeffrey L. Hirsch Eric N. Macey N. Michael Plaut † Woon-Wah Siu William W. Crawford † David Charles Frederick Kay H. Hodge Arthur W. Machen, Jr. † Thomas W. Pomeroy, Jr. † John S. Skilton Richard H. Critchlow Paul E. Freehling John R. Holden † Marc J. Manderscheid Lester M. Ponder † Herbert D. Sledd † Mariano-Florentino Cuellar Kelly Frels Steven Lyon Holley Amy Cashore Mariani William Poole † Don Slesnick Robert J. Cunningham Herschel H. Friday, Jr. † Sheila S. Hollis Lori A. Martin Maury B. Poscover Marvin S. Sloman † Mark W. Curnutte Donald Fried L. Tyrone Holt Judy Perry Martinez John B. Power Thomas F. Smegal, Jr. Barbara A. Curran † Kathleen O'Ferrall Kathleen Joan Hopkins Barbara Mendel Mayden Roger A. Putnam William Reece Smith, Jr. †

www.americanbarfoundation.org • 2018 Annual Report 47 Life Fellows Contributions to the American Bar Foundation

Rodney G. Snow Bruce Lord Wilder Robert M. Bell Penelope L. Christophorou Charles R. Eskridge III William Mell Griffin III David Solomon † J. Gaston Williamson † Laurel G. Bellows Gary Carl Clark David A. Faber Janice C. Griffith Rayman L. Solomon Richard Wilmer † Steven Alan Bennett William Northington Clark Sean P. Fahey Renie Yoshida Grohl Robert W. Bennett Daniel T. Clark Stephen V. Falanga Merrick Lawrence Gross Neal R. Sonnett Phillip A. Wittmann Morgan Ray Bentley Bradley Clary Marsha E. Fangmeyer Amy Collignon Gunn Richard E. Speidel † James Jerry Wood Richard O. Berndt William H. Clendenen, Jr. Laura Viviana Farber Dahlia M. Gutierrez Horace E. Stacy, Jr. † Kathryn D. Wriston † Michael Irwin Bernstein Nancy L. Cohen Elizabeth Turrell Farrar Richard E. Gutman Frederick P. Stamp, Jr. Ellen G. Yost Caroline Berube Gregory M. Cokinos Thomas J. Farrell Lucas Guttentag Justin A. Stanley † Andrea Zopp Marsha S. Berzon Theodore J. Collins Zachary Dean Fasman John S. Guttmann James L. Stengel Howard Zucker Asim Bhansali James W. Conrad, Jr. Joseph A. Fawal Peter F. Habein Robert L. Stern † Lalit Bhasin Leslie Larkin Cooney Michael K. Fee Phoebe A. Haddon J. Truman Bidwell, Jr. John F. Cooney Susan A. Feeney Howard Fredrick Hahn Joan N. Stern Sustaining Mary Lu Bilek N. Lee Cooper James E. Felman Neil K. Haimm Paul J. Stichler † Life Fellows Bruce Taylor Bishop Margaret L. Cooper J. Kay Felt Anthony B. Haller Charles A. Storke Ernest B. Abbott John W. Bissell Chris S. Coutroulis Martha L. Fineman Jeremiah F. Hallisey Sidney A. Stubbs, Jr. Michael E. Abram Donald W. Bivens Thomas William Cranmer Sarah A. W. Fitts Deryl F. Hamann James M. Sturdivant Patti L. Abramson Rachel S. Black Robert A. Creamer Elizabeth C. Flanagan James Hamilton Barry Sullivan Ann E. Acker Stanley Louis Blend Bernardo M. Cremades Cathy Fleming Sam and June Hamra E. Thomas Sullivan Cynthia Bookhart Adams Susan Low Bloch Philip M. Cronin Peter H. Flournoy Grayson P. Hanes Christina D. Crow Michael E. Flowers John A. Sutro † Benny Agosto, Jr. David P. Bobzien Dean Hansell Melanie L. Aitken J. David Bogenschutz Anatolio B. Cruz III Parker C. Folse III Max A. Hansen Walter L. Sutton, Jr. Mark H. Alcott David L. Bohannon Thomas F. Cullen, Jr. Alexander Forger Marilyn J. Harbur Thomas P. Sweeney M. Nan Alessandra Bruce H. Bokor Stephen J. Curley James L. Forman V. Burns Hargis Viola J. Taliaferro Marian S. Alexander Tom Bolt Barry A. Currier Susan Fortney Arthur J. Harrington Blake Tartt † Linda Auerbach Allderdice Kathleen Boozang Kevin J. Curtin Donald T. Fox Joseph Harroz, Jr. Stephen L. Tatum W. Riley Allen Michael Scott Bosworth Melanie Cyganowski William E. Fox Julianne Hartzell Richard B. Teitelman † Marcine Anderson Joseph W. Boucher Frank J. Daily Karen J. Freedman Robin E. Harvey Stanley L. Temko † Francis Aquila Willard L. Boyd III Harvey P. Dale Rick E. Freeman Albert C. Harvey Dennis W. Archer Thomas H. Boyd Donald M. Dalik Lisa Michelle Frenkel Aubrey B. Harwell III Harvey Mandell Lisa Montpetit Brabbit Anthony J. D'Amico Michael Fricklas Ben W. Heineman, Jr. Tettlebaum Gregory K. Arenson Sharon Stewart Armstrong D. C. Bradford III Sam P. Daniel Robert B. Frieberg Cornelius D. Helfrich Joseph Thacker John Fox Arnold Robert G. Brazier Jack Davis Martin L. Fried Donna Nelson Heller Richard L. Thies Jonathan D. Asher Steven H. Brose Richard M. Davis, Jr. Paul L. Friedman Glenn P. Hendrix Lott H. Thomas Ruthe Catolico Ashley D. Douglas Brothers Bruce Ward Day Linda Anne Friedman Thomas G. Henning Betty A. Thompson † Kim J. Askew Jack L. Brown Stéphane de Navacelle Eric Jonathan Friedman Thomas G. Hentoff Charles M. Thompson Nancy F. Atlas Toby Dawaine Brown Tom De Waard James Gadsden Stephen J. Herman Preston McCullough Del William Atwood Sharie A. Brown Raymond Myles Deeny Richard M. Gardella John M. Hewson III Torbert Thomas L. Ausley Thomas Michael Bruen Thomas Albert Delegal III Anne L. Gardner Stephen D. Hibbard J. David Tracy Sara A. Austin Alice A. Bruno Paul R. DeMuro F. John Garza Angela M. Hinton John G. Buchanan III David M. deRubertis Lisa Atlas Genecov Eric L. Hiser Marna S. Tucker Charles L. Babcock Mitchell L. Bach Robert E. Buckholz, Jr. Edward B. Deutsch Sharon Stern Gerstman James R. Hobbs Herbert G. Underwood Mary Margaret Bailey Kathleen F. Burke Francis P. Devine Meyer H. Gertler John A. Hoffman Allan Van Fleet C. Ronald Baird Charles E. Burpee Ena T. Diaz James W. Gewin Jennifer Bruch Hogan Herbert W. Vaughan † Donald I. Baker Robert L. Burrus, Jr. Robert J Diehl, Jr. John Ralph Gilbert Susan M. Holden Patricia Jane Villareal John G. Baker I. Jackson Burson, Jr. John P. DiMascio Grant Peter Gilezan Derek Hollingsworth Betty M. Vitousek † Merri A. A. Baldwin Stephen D. Busch Joseph T. Dixon, Jr. Edward J. Gilliss James J. S. Holmes Paul Vizcarrondo, Jr. Rosalie Simmonds Richard J. Buturla Michael Dockterman Helen Gillmor Gail Golman Holtzman Ballentine Alfred M. Butzbaugh Arthur Thomas Donato, Jr. Daniel C. Girard William Richard Holzapfel Mary Kay Vyskocil Lisa Schumacher Barkley Luis A. Cabassa Brian John Donnelly Michael Giudicessi Anne M. Honsa Bill Wagner Patricia T. Barmeyer Elwood F. Cahill, Jr. Sharon Wicks Dornfeld Rosemary E. Giuliano William Wiley Horton Wesley M. Walker † Marialyn P. Barnard Guido Calabresi Edward L. Dowd, Jr. C. Edward Glasscock Barry L. Howard Howard T. Wall III Deborah Ann A. Bruce Campbell Alison L. Doyle, Ret. Donald W. Glazer Jo Ann Jay Howard John Bronson Walsh † Browers Barnes David M. Cantor Joanne R. Driscoll John S. Gleason Barbara Kerr Howe Owen B. Walsh Arlena M. Barnes Jose Alberto Cardenas David E. Dukes Sidney L. Gold Edwin E. Huddleson III Thomas C. Barnett, Jr. Steven T. Walther Diana Carey Sidney G. Dunagan Webster L. Golden Seth M. Hufstedler Helaine Barnett Roger E. Warin William C. Carpenter, Jr. H. Mitchell Dunn, Jr. Joan L. Goldfrank Procter Hug, Jr. Robert Edwin Barnhill III John L. Carroll John R. Dunne Gloria A. Goldman James A. Huguenard Wilbur W. Warren III Eunice Tall Baros Thomas Philip Cartmell Donald R. Dunner Stephen Goldspiel Hayes Andrew Hunt Mindee Wasserman Charles S. Barquist Larry Cary Roy Carlos Durling, Jr. Henry Lewis Goodman Antonia B. Ianniello Richard C. Watters Lynne B. Barr Gregory A. Castanias Peter B. Edelman Holly Gotcher Stephen J. Immelt Pauline A. Weaver William G. Bassler Gregory T. Cerchione Gerald M. Edenfield William Andrew Gowder, Jr. Sharon A. Israel Martin H. Webster † Frederick J. Baumann John Milton Cerilli Karl John Ege Adam W. Gravley Wallace B. Jefferson William R. Bay W. Scott Welch III Bennett W. Cervin Linda Elrod Sibylle Grebe Jorge R. Jimenez Leo Bearman, Jr. Charles I. Wellborn Lawrence G. Cetrulo Pamela Chapman Enslen Roger B. Greenberg Kile W. Johnson Nancy A. Becker James L. Chosy JoAnne A. Epps Kathryn O. Greenberg Paul R. Johnson H. Blair White † Lydia Irene Beebe Patricia Watkins Elaine M. Epstein Lawrence S. Greenwald F. Claiborne Johnston, Jr. Paul L. Wilbert † Michelle A. Behnke Christensen Michael G. Ermer John B. Grenier Michael Edwin Jones

48 American Bar Foundation • www.americanbarfoundation.org Michael C. Jones Martin Lipton Retta A. Miller Edward M. Posner Terri Jean Seligman Mart Tisdal Amanda Jones Bradford L. Livingston Delmer R. Mitchell Michael Vance Powell Stephen J. Sfekas Bradley J. B. Toben Thomas A. Jorgensen Evan L. Loeffler Thomas J. Moloney Lonnie A. Powers Anita Carr Shapiro Margaret Lynch Tomlinson Mary Kay Kane Deborah J. Long Claude D. Montgomery John Dale Powers Floyd Shapiro James E. Torgerson Paul A. Kastler Sally A. Longroy Thurston R. Moore Anne Pramaggiore Myron M. Sheinfeld Mitchell A. Toups Bruce W. Kauffman Lucinda A. Low Edward W. Moore Jr. Harlan I. Prater IV Lynda C. Shely Stephen Joel Trachtenberg Michael R. Kealy Marla J. Luckert Rachel F. Moran Whayne C. Priest, Jr. William N. Shepherd Michael Lloyd Tuchin Irene M. Keeley Thomas L. Ludington Thomas D. Morgan Michael L. Prigoff Kathleen R. Sherby Michelle Heidi Tucker Peter M. Kellett Martin R. Lueck Mark C Morril Lyn Peeples Pruitt Kenneth J. Sherk Mark Logan Tuft Patrick J. Kelly Richard Charles Luis John H. Morrow Alfred W. Putnam, Jr. John A. Sherrill Mark H. Tuohey III Hugh R. Kelly Juanita B. Luis Patrick C. Morrow John W. Ralls David E. Shipley Don H. Twietmeyer Howard Kenison R. Hugh Lumpkin Judy Hamilton Morse Kevin Rames George Thomas Shipley William D. Underwood John J. Kenney Myles V. Lynk M. Howard Morse Shannon H. Ratliff Joel D. Siegal Lynne Ann Ustach John A. Kenney Ted B. Lyon, Jr. Darrell G. Mottley Michael H. Reed Lewis R. Sifford Amy Van Horne Alfreida B. Kenny Michael M. Lyons Samuel P. Moulthrop Pamela L. Reeves Steven M. Silverberg Anthony van Westrum John Patrick Kent Wm. David Lytle David Bond Mueller David C. Reymann Melvyn J. Simburg Michael J. Van Zandt Michael P. Kessler Susan T. Mackenzie William J. Mueller Daniel A. Rezneck George M. Simmerman, Jr. Palmer Gene Vance II Theodore L. Kessner Helena S. Maclay Robert W. Mullin Denis T. Rice Geraldine C. Simmons Mary R. Vasaly Karen Smith Kienbaum Kathryn Grant Madigan William A. Munck Jay J. Rice John G. Simon Linda Lea M. Viken Rebecca Rivers Kieschnick † Cynthia Maria Maleski Linda Strite Murnane, USAF Paul F. Richard John C. Simons Stephen F. Vogel Dale A. Kimball Lawrence A. Manson Linda Kristine Myers Henry duPont Ridgely Joe Sims Catherine H. Voit John Kirby King Donat C. Marchand Jennifer A. Naber George R. Ripplinger, Jr. Sarah M. Singleton Stephen R. Volk James A. King Frances S. Margolis Dianne M. Nast Roberto A. Rivera-Soto Richard H. Sinkfield Donald J. Volkert, Jr. Robert D. Klausner Mitchell L. Marinello Patricia Nemeth Christopher S. Rizek Hezekiah Sistrunk, Jr. J. Scott Vowell Ruth L. Kleinfeld John Robert Marks III Amy Lynn Neuhardt Gerald Franklin Roach Alexander H. Slaughter Norman M. Waas Stephen H. Knee Richard S. T. Marsh Lynn Katherine Neuner Nelson Roach Thomas J. Smedinghoff Sol Wachtler Alan C. Kohn Heman A. Marshall III Lynn Fontaine Newsome Larry E. Robbins Edwin E. Smith Sean P. Wajert John M. Koneck Thurgood Marshall, Jr. John AV Nicoletti Pamela Jane Roberts Selma Moidel Smith Justin P. Walder Richard G. Kopf John Harris Martin David Lee Niederdeppe R. Eric Robertson Steven L. Smith Liza M. Walsh Edward F. Koren Charles Arthur Marvin Randall D. Noel J. Robert Robertson Norman Randy Smith H. A. Walther Henry A. Korman Michael E. Massie Paul R. Norman Daniel B. Rodriguez Paul M. Smith Jay M. Weinberg Alan W. Kornberg Edith R. Matthai Colvin Gamble Norwood, Jr. Robert M. Rolfe Craig Smyser Gerald Weinstein David R. Kott David G. Matthiesen Bruce E. O'Connor Jon Howard Rosen Thomas W. Snook Stewart M. Weintraub Jane Kreusler-Walsh Diane Mauriello James Duffy O'Connor Lawrence David Rosenberg Christina A. Snyder H. Thomas Wells, Jr. Donald J. Kunz Marietta Morris Maxfield Joseph D. O'Connor James B. Rosenblum Ruby Sondock Jody R. Westby Kenneth R. Kupchak Michele Coleman Mayes Edward P. O'Keefe Herman B. Rosenthal Steven Robert Sorenson Willis P. Whichard Edward Labaton Karen McAndrew Solomon Oliver, Jr. Robert F. Ruckman Randall Owen Sorrels Michael A. White Stephen Thomas LaBriola Sandra R. McCandless John J. O'Malley William Thomas Russell, Jr. Susan S. Soussan Patricia D. White Peter V. Lacouture Diana E McCarthy Katherine H. O'Neil Miles N. Ruthberg Thomas E. Spahn Thomas W. White Steven C. Laird Daniel M. McClure Charles Larry O'Rourke George D. Ruttinger Michael Spitzer Elizabeth R. K. Whittenbury Thomas R. Lalla, Jr. Laura Haag McConnell-Corbyn Kathryn L. Ossian Mary K. Ryan Stanley Sporkin Lance B. Wickman Michelle Lally Steve McConnico Kenneth G. Ottenbreit Claudia S. Saari Nancy Kaymar Stafford Richard S. Wiedman Jayna Lamar Philip Spear McCune Luis Manuel Padron Paul H. Saint-Antoine Michael G. Stag Clay R. Williams Kent A. Lambert Daniel McDonald J. Crisman Palmer Tracey Salmon-Smith Roger V. Stageberg James F. Williams Ruth Amada Lane Alan J. McDonald Jennifer L. Parent James F. Sanders Walter K. Stapleton Marguerite Willis Fred Lane Gerald T. McDonald David K. Park Steven W. Sanford Elizabeth Starrs Benjamin F. Wilson Jane F. Langan Mach Thomas F. McKee Sarah Elizabeth Parker David L. Sargent Linda S. Stein Toni Pryor Wise Thomas Ardell Larkin R. Malloy McKeithen E. F. Parnell III Gary L. Sasso Jill Steinberg Maureen Reidy Witt Myron E. LaRowe John J. McKetta III Donald F. Parsons, Jr. Andrew John Savage III Scott Alan Stichter Charles B. Wolf Joseph P. LaSala James Frederick McKibben, Jr. Virginia C. Patterson John F. Savarese Margaret Deborah Stock Saul A. Wolfe Douglas C. Lawrence Kathleen Elizabeth McLeroy Cecil B. Patterson, Jr. Diana M. Savit John H. Stout Travers D. Wood Don LeDuc James Bernard McLindon Roswell Burchard Perkins James P. Savitt Dean A. Strang William D. Wood Parkin Lee James P. McLoughlin, Jr. Jimmie Cecil Peters Deborah A. Scalise Malcolm B. Street, Jr. Charles E. Wood Carol F. Lee Mary McNamara Stephen John Petras, Jr. Stephanie A. Scharf John F. Stroud, Jr. Harry A. Woods, Jr. James K. Lehman J. Dennis McQuaid David K. Petty Shira A. Scheindlin Jeffery V. Stuckey Vicki Wright Bruce A. Leinback Gary J. McRay Sandra N. Peuler John J. Schickel William F. Stutts Walter A. Wright III Michael Joseph Leotta Michael Terry Medford John Vance Phelps Harvey I. Schneider Henry C. Su L. Kinvin Wroth Ann B. Lesk Cyrus D. Mehta Stephanie Phillipps Jerry L. Schnurr III Patricia Anne Sullivan Frank H. Wu David F. Levi J. Kenneth Menges, Jr. Kevin R. Pinegar Andrew M. Schpak Kimberly Anne Summe Robert Wyld Mela Lew Robert Gordon Methvin, Jr. James Pinto David A. Schwartz Thomas M. Susman James B. Young Jerome B. Libin Charles G. Meyer Rachael K. Pirner Russell Kenneth Scott Kathleen M. Sweet Robert B. Young T. Geoffrey Lieben George J. Meyer Aaron S. Podhurst Richard Seabolt Roger H. Taft Stephen P. Younger Lance Liebman Albert J. Mezzanotte, Jr. Donald J. Polden Laureen Ellen Seeger John Anthony Tarantino James J. Yukevich Joseph L. Lincoln Arthur M. Michaelson Rebecca G. Pontikes Scott S. Segal Carl Robin Teague Stephen N. Zack Michael K. Lindsey Jane I. Milas Harold D. Pope III Robert David Segall Larry E. Temple Philip Zhang William J. Linkous, Jr. George Lloyd Miller Wm. Robert Pope, Jr. Adam Seiden Richard L. Thornburgh Jia Zhao Jeffrey Alan Lipps Stephen R. Miller Susan Porter David J. Seipp Samuel A. Thumma Carol Davis Zucker

www.americanbarfoundation.org • 2018 Annual Report 49 Cornerstone Giving Society

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

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

Anonymous Ajay K. Mehrotra and Cornerstone Organizations Elizabeth L. Ashley Yamini Hingorani Ellen Berrey David H. Morse Allstate Insurance Company Nelson Mullins Riley & In Honor of Robert L. Nelson Elizabeth K. Moser Scarborough LLP AT&T Malcolm Beyer Robert L. Nelson Northrop Grumman Patrick J. Borchers Charles A. Neustadt The Bill & Melinda Gates Corporation Bruce C. Carruthers Laura Beth Nielsen Foundation In Honor of Robert L. Nelson John F. Nownes Northwestern University The California Bar Constance C. Carter Rhonda B. Ogle • Pritzker School of Law Foundation George B. Cauthen In Memory of Charles A. Snyder • Kellogg School of David W. Chapin Tray Oldemeyer The California Management John L. Comaroff Linda Panitz Community Foundation • The Graduate School In Honor of Robert L. Nelson John P. Passarelli • Office of the Provost The Chicago Jan Cullinan Janet and Mark Price Community Trust • Weinberg College of Melinda G. Cullinan Ann Ramseyer and Hugo Kapelke Arts and Sciences Whitney Cunningham Mr. and Mrs. S. Donley Ritchey Donohue Gallagher Ogletree Deakins Nash Silvio Di Lucia and Woods LLP Mr. and Mrs. Harrison Robinson Smoak & Stewart PC Lauren B. Edelman Neil S. Rockind Greenberg Traurig PA Robin Edwards Lawrence Rodowsky Oscar M. Ruebhausen Fund Lois Feinblatt Mary Rose Jenner & Block LLP at Yale Law School Kathleen Ford In Honor of Robert L. Nelson John Deere & Company Paul Weiss Rifkind Gerald Leslie Friedrichsen Elizabeth Roth Global Law Services Wharton & Garrison LLP Virginia Furth William Rowe Chris Gar Carla Rozycki Kirkland & Ellis LLP Sidley Austin LLP Bruce and Heidi Gillies Robert J. Sampson Foundation The Law School Lori Graesser In Honor of Robert L. Nelson Admission Council Sterne, Kessler, Morgan Scott Terence Halliday Goldstein & Fox P.L.L.C Katy Harris Susan Shapiro Leadership Council on Mr. and Mrs. John Heller Sharon V. Snyder Legal Diversity UC Davis School of Law Edward D. Simsarian Bill Heller Legal Division of Oklahoma UCLA Sharon Veta Snyder Anne W. Hetlage Health Care Authority • Chicano Studies In Honor of Charles A. Snyder Norman M. Hirsch and David Veta Snyder Research Center Alisha Holland Lorman Education Services David Dennis Sommers • David J. Epstein Program in Dr. and Mrs. John Holliman Public Interest Law and Policy Joan P. Stacy The Kenneth and Harle Barbara Hou In Memory of Horace E. Stacy Montgomery Foundation • Office of the Executive Vice Joseph Leo Howard Jennifer Stephen on behalf of Bryant Garth Chancellor and Provost Reuven J. Katz Lucinda Underwood • School of Law Microsoft Corporation Patricia A. Lamberty Susan Vazzano Walmart Sida Liu David B. Wilkins Myron M. Studner In Honor of Robert L. Nelson In Honor of Robert L. Nelson Foundation Patricia McCarty Alison Zuber, Tres Chicas Jeffrey A. McIntyre *Gifts or pledges received as of December 31, 2018

50 American Bar Foundation • www.americanbarfoundation.org Personnel

ABF Executive Director Ajay K. Mehrotra

ABF Staff (standing, left to right): K. Pace, J. Brummet, N. Shoop, T. Watson, S. Levy, W. Peterson, L. Modesto, J. Swim, F. Blazowski, N. Darner, T. McCarty, A. Barone, M. Shaeffer. Seated: M. Greenfield, C. Potyrala, S. Griffin, D. Gensburg, T. Harrell, W. Sachs.

Administration Grants Officer Accounting Manager Ajay K. Mehrotra, Executive Jennifer Brummet Lisa Modesto Director & Research Professor Sarah Levy, Director of Legal Publications Accounts Payable/ Affairs and Operations Willa Sachs, Editorial Coordinator, Receivable Specialist Angelo Barone, Director of Law & Social Inquiry; Program Senitra Griffin Finance Associate, Montgomery Summer Research Diversity Fellowship Kathy Pace, Director of Communications Development Manager The Fellows of the Trish McCarty, Manager of HR American Bar Foundation Whitney Peterson Operations Timothy Watson, Director of the Fellows Francine Blazowski, Executive Communication Assistant Natalie Shoop, Fellows Events Manager Associate Clare Potyrala, Development and Danielle Gensburg Manager of Communications Associate Information Services Megan Greenfield, Donor Services Administrative Jeffrey Swim Coordinator Coordinator Nina Darner, Administrative Assistant Marcilena Shaeffer for the Fellows

www.americanbarfoundation.org • 2018 Annual Report 51 Personnel

Research Michelle David Devora Klionsky Eric Seymour Support Staff Alejandra Delcid Michael Koscielniak Ari Shaw Tinu Adediran Eva Derzic Joan Marks Larkin Smith Meghana Aghi Michael Gajewsky Matt Nelsen Christie Sohn Kat Albrecht Hanan Hameed Robert Owoo Matilda Stubbs Brianna Bailey Alex Hearn Angelica Parrilli Noah Tate Mallika Balachandran Zachary Hebebrand Elisabeth Phillips Stephanie Todd Samantha Bean Jessennya Hernandez Samantha Plante Marissa Uri Edward Beebe-Tron Arlie Hudson Jordon Porto Stefan Vogler Lars Benson Taemesha Hyder Elizabeth Prete George Webster Sandra Berjan Kathrine Jara Deepa Ramakrishnan Indra Wechsberg Leila Blatt Sajid Khurran Eleanor Roeder Corey Wilga Alice Chang Abby Kilionsky Sarah Schecter Shira Zilberstein Sean Conway Amina Kirk Matthew Schneider

Collaborating and Affiliated Scholars Spencer Headworth, Purdue University Joshua Kaiser, Northwestern University Atinuke Adediran, Northwestern University Fiona Kay, Queens University Ellen Berrey, University of Toronto Sanja Kutnjak Ivkovich, Michigan State University James Bowers, St. John Fisher College Rasmus Landersø, Rockwool Foundation Henry Brady, University of California, Berkeley Kay Lehman Schlozman, Boston College Thomas M. Clarke, National Center for State Courts Richard O. Lempert, University of Michigan Jean Comaroff, Harvard University Joanne Martin, American Bar Endowment Susan Coutin, University of California, Irvine Ethan Michelson, Indiana University Bloomington Flavio Cunha, Rice University Monique Payne-Pikus, University of Texas at Austin Sarah Deer, Hamline University School of Law Rodrigo Pinto, University California, Los Angeles Justin Desautels-Stein, University of Colorado Law School Gabriele Plickert, California State Polytechnic University, Pomona Sara Dezalay, Cardiff University Mary R. Rose, University of Texas at Austin Yves Dezalay, Centre National de Recherche Scientifique, Paris C.J. Ryan, Vanderbilt University Markus Dirk Dubber, University of Toronto Greg Shaffer, University of California, Irvine School of Law Mustafa Emirbarer, University of Wisconsin-Madison Matthew Shaw, Vanderbilt University Zachary Elkins, University of Texas at Austin Carole Silver, Northwestern University Pritzker School of Law Stephen Engel, Bates College Joyce Sterling, University of Denver, Sturm College of Law John Ferejohn, New York University School of Law David Thomson, University of Denver, Sturm College of Law Holly Foster, Texas A&M University David M. Trubek, University of Wisconsin Law School Marco Francesconi, University of Essex Sidney Verba, Harvard University Nicole Gonzalez Van Cleve, Temple University Gregory Veramendi, Arizona State University Paula Hannaford-Agor, National Center for State Courts Mila Versteeg, University of Virginia School of Law Anna Hanson, Northwestern University Alaka Wali, Field Museum of Natural History Spencer Headworth, Purdue University Jill Weinberg, Tufts University Richard Holden, University of New South Wales, Australia David B. Wilkins, Harvard University Law School Aziz Huq, University of Chicago Law School Hongqi Wu, China University of Political Science and Law Philip Edward Jones, University of Delaware Hye Young You, Vanderbilt University

52 American Bar Foundation • www.americanbarfoundation.org Visiting Scholars Members of the Wheeler Kristen Barnes, The University of Akron External Research Review Panel School of Law Kevin E. Davis, New York University Charles Bosvieux-Onyekwelu, EHESS, Paris Stewart Macaulay, University of Wisconsin School of Law Melissa Crouch, University of New South Wales, Michael W. McCann, University of Washington Sydney Sally Engle Merry (Chair), New York University Nate Ela, University of Madison, Wisconsin Jennifer K. Robbennolt, University of Illinois College of Law Kimberly Kay Hoang, Department of Sociology, Mark Suchman, Brown University University of Chicago Alyx Mark, Department of Political Science, The Future of Latinos Project (FLP) North Central College Robert L. Nelson, Rachel F. Moran, Co-directors Kate Masur, Northwestern University Jonathan Miaz, University of Chicago School FLP Advisory Council of Social Service Administration & University Nancy Andrade, Lead Counsel, Commission on Hispanic Legal Rights of Neuchâtel & Responsibilities, American Bar Association Robert Vargas, Department of Sociology, Jennifer Chacón, Professor of Law, UC Irvine School of Law University of Chicago Mariano-Florentino Cuellár, Justice, Supreme Court of California; Gregory Shill, University of Iowa College of Law Visiting Professor, Stanford University School of Law Doctoral and Maria Echaveste, Policy and Program Development Director, Chief Justice Earl Warren Institute on Law and Policy, UC Berkeley Post-Doctoral Fellows School of Law Evelyn Atkinson, History, ABF/National Science Lilia Fernández, Associate Professor, Department of History, Foundation Doctoral Fellow in Law and Inequality Rutgers University (2018-2020) Luis Ricardo Fraga, Co-Director Institute for Latino Studies, Paul Baumgardner, Politics and Humanities, Arthur Foundation Endowed Professor of Transformative Latino ABF/AccessLex Institute Doctoral Fellow in Legal Leadership, Joseph and Elizabeth Robbie Professor of Political Science, and Higher Education (2018-2019) University of Notre Dame Hye Yun Kang, Political Science and Philosophy, Pilar Margarita Hernández Escontrías, Ph.D., Law student, ABF/Northwestern University Doctoral Fellow UC Irvine School of Law (2018-2019) Kevin R. Johnson, Dean and Mabie-Apallas Professor of Public Interest Amanda Kleintrop, History, ABF/Northwstern Law and Chicana/o Studies, UC Davis School of Law University Doctoral Fellow (2017-2018) Douglas S. Massey, Henry G. Bryant Professor of Sociology and Margot Moinester, Sociology, ABF/National Science Public Affairs, Princeton University Foundation Doctoral Fellow in Law and Inequality (2017-2019) Ajay Mehrotra (ex officio member), Director, American Bar Foundation; Professor, Northwestern Pritzker School of Law Rachel Montgomery, Higher Education, ABF/AccessLex Institute Doctoral Fellow in Legal Alfonso Morales, Professor, Department of Urban and Regional Planning, and Higher Education (2017-2018) University of Wisconsin-Madison Meghan L. Morris, Anthropology, ABF/National Cristina Rodríguez, Leighton Homer Surbeck Professor, Yale Law School Science Foundation Postdoctoral Fellow in Law Daniel B. Rodriguez, Dean and Harold Washington Professor, and Inequality (2017-2020) Northwestern Pritzker School of Law Asad Rahim, Jurisprudence and Social Policy, Gary M. Segura, Dean, UCLA Luskin School of Public Affairs ABF/National Science Foundation Doctoral Fellow in Law and Inequality (2017-2019) Christopher J. Ryan, Jr., Policy Studies, ABF/AccessLex Institute Doctoral Fellow in Legal and Higher Education (2017-2018) Mary Ellen Stitt, Sociology, ABF/National Science Foundation Doctoral Fellow in Law and Inequality (2018-2020)

www.americanbarfoundation.org • 2018 Annual Report 53 Financial Report 2017–2018

Statement of Financial Position Fiscal Years Ended August 31, 2018 and 2017

August 31, 2018 August 31, 2017

Assets

Cash and cash equivalents $1,267,400 $910,680

Long-term investments 25,459,715 24,229,861

Receivables and other 688,986 762,463

Prepaid expenses 55,530 23,879

Property and equipment 39,929 83,864

Total Assets $27,511,560 $26,010,747

Liabilities

Accounts payable and other accrued expenses 347,493 398,249

Deferred revenues 132,594 142,664

Deferred rent liability 154,459 285,990

Pension liability 1,359,783 1,451,844

Line of Credit 500,000 0

Total Liabilities 2,494,329 2,278,747

Net Assets

Unrestricted 16,723,623 15,611,051

Temporarily restricted 4,352,729 4,201,320

Permanently restricted 3,940,879 3,919,629

Total Net Assets 25,017,231 23,732,000

Total Liabilities and Net Assets $27,511,560 $26,010,747

Notes: These financial statements were abstracted from the Foundation's August 31, 2018 financial statements which were audited by Plante & Moran, PLLC.

54 American Bar Foundation • www.americanbarfoundation.org Statement of Activities Fiscal Years Ended August 31, 2018 and 2017

August 31, 2018 August 31, 2017

Revenues

American Bar Endowment grant $3,414,720 $2,930,998

The Fellows of the American Bar Foundation 2,458,888 2,202,467

ABF Endowment annual spending allowance 785,000 1,278,787

Grants, contributions and other support 958,737 394,371

Total Revenues $7,617,345 $6,806,623

Expenses

Research activities 3,504,774 3,533,800

Fellows’ services 707,459 588,033

Law & Social Inquiry 182,910 190,406

Liaison research 173,285 18,174

Academic affairs and fellowships 848,573 380,529

Development and fundraising 326,820 330,568

Administration and facilities 1,588,021 1,591,602

Pension expense 195,856 103,612

Total Expenses $7,527,698 $6,736,724

Results from Operations $89,647 $69,899

Notes: These financial statements were abstracted from the Foundation's August 31, 2018 financial statements which were audited by Plante & Moran, PLLC.

www.americanbarfoundation.org • 2018 Annual Report 55 Allocation of Funding

FY 2017–2018 American Bar Foundation Research Projects

22% Making and Implementing Law

29% Protecting Rights, Accessing Justice

22% Other Research Programs

27% Learning and Practicing Law

Learning and Practicing Law

Protecting Rights, Accessing Justice

Making and Implementing Law

56 American Bar Foundation • www.americanbarfoundation.org

Non-Profit Org. U.S. Postage Paid Palatine P&DC 750 North Lake Shore Drive, 4th Floor Permit #7133 Chicago, IL 60611 www.americanbarfoundation.org

Learning and Protecting Rights, Making and Practicing Law Accessing Justice Implementing Law